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Agenda 11/23/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 23, 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 PR]OR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Donna Bartleson, Golden Gate United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. ! November 23, 1999 APPROVAL OF MINUTES A. October 26, 1999 - Regular Meeting B. November 3, 1999 - Special Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation congratulating Jan Bennett for receiving the National "Continued Excellence' award. To be accepted by Ms. Jan Bennett, Family and Consumer Sciences Agent, Collier County Department of University Extension Services 2) Proclamation recognizing the Victim Assistance Section of the Collier County Sheriff's Office. To be accepted by Sgt. Bill Rule and Chief Bill Stiess, Victim Assistance Section, Collier County Sheriff's Office. B. SERVICE AWARDS EMERGENCY SERVICES James Nix, 5 Years PUBLIC SERVICES Osmin Conde, Parks & Recreation, 5 Years Patricia Jacoby, Library, 5 Years PUBLIC WORKS Michael Farrell, Transportation, 10 Years C. PRESENTATIONS 1) Presentation of Good Samaritan Award to Mr. Jim Cochran and Mr. Todd Gridley. 2 November 23, 1999 e APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Laverne Franklin regarding renaming CR 951 to honor Dr. Martin Luther King, Jr. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Tourist Development Funding for the North Naples Little League $9,853. 2) This item has been deleted. 3) Request to waive the Purchasing Policy's formal competitive threshold under Section V(A)3 and direct staff to negotiate a contract with a firm or firms to provide services required for the Census Complete County Campaign and request that the Chairwoman be authorized to sign the resultant negotiated contract. B. PUBLIC WORKS 1) CONTINUED FROM 11/9/99 AGENDA: Approve Change Order No. 1 (C) (Final) to Contract No. 97-2771, Removal of Non-Specification Material from the Naples Beach. 3 Novemly~-r 23, 1999 C. PUBLIC SERVICES 1) A review of options in regards to providing neuter/spay and veterinary medical attention in conjunction with the new Domestic Animal Services building. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 1) Resolution of the Board of County Commissioners of Collier County, Florida approving the Unified Local Mitigation Strategy. 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Code Enforcement Board. B. Appointment of members to the Collier County Airport Authority. C. Appointment of member to the Collier County Health Facilities Authority. D. Appointment of member to the Pelican Bay MSTBU Advisory Committee. E. Resolution of Intent to Terminate the Employment of the County Administrator. F. Request from Gary Julian for a Special Events Permit Fee Waiver to benefit the AIDS Memorial Quilt. (Commissioner Constantine) G. Board direction regarding Emergency Medical Services Fees for 1998. (Commissioner Mac'Kie) 4 November 23, 1999 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Adoption of the Remedial Amendments to the Comprehensive Plan (CPR-99- 2) pursuant to the Final Order issued by the Governor and Cabinet, sitting as the Administration Commission, on June 22, 1999 (AC-99-002) to map interim natural resource protection areas; establish permitted uses; prepare a rural and agricultural assessment and to establish interim uses until the assessment is completed. 2) CPR-99-3 - Consideration of a resolution approving remedial amendments to the County's growth management plan as required by the Final Order issued by the Administration Commission on June 22, 1999. B. ZONING AMENDMENTS 1) Petition PUD-80-10(2), Dwight Nadeau of McCanley Engineering and Design, Inc., representing Samuel J. Durso of Habitat for Humanity, Novemb~-r 23, 1999 2) requesting an amendment from "PUD" Planned Unit Development to "PUD", for property known as Victoria Falls PUD, an affordable housing project, ,ocated approximately 400 feet south of U.S. 41 East, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 25.41± acres. THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 11, 2000 MEETING. Petition PUD-99-15, Michael Fernandez, AICP, of Planning Development, Inc., representing Dean Huff, Trustee, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Alexandria PUD for a maximum of 72 dwelling units for property located on the east side of the future Livingston Road Extension, south of Pine Ridge Road (C.R. 896) and north of Golden Gate Parkway (C.R. 886) in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 19.58 +/- acres. THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 11, 2000 MEETING. Petition.PUD-99-14, Michael 12. Fernandez, AICP, of Planning Development, Inc., representing Marian H. Gerace and Wallace L. Lewis, Jr., requesting a rezone from "A" Rural Agriculture to "PUD** Planned Unit Development to be known as Livingston Village for a maximum of 540 residential dwelling units for property located east of the proposed Livingston Road, North of Wyndemere PUD, in Section 19, Township 49 South, Range 26 East, Collier County, Florida, consisting of 148.98 +/- acres. C. OTHER 1) Public hearing to consider adoption of an ordinance establishing the Cedar Hammock Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 2) An Ordinance providing for additional homestead exemption for qualifying persons age 65 and older; providing for title and citation; providing findings; providing definitions; providing for the creation and establishment of additional homestead exemption; criteria; providing for eligibility and 6 Novmnber 23, 1999 application; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. 13. BOARD. OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-99-19, Mr. & Mrs. Lawrence G. Reynolds, requesting a 5 foot rear yard variance from the required 5-foot rear yard setback to 0 feet for a screen enclosure for property located at 955 Fountain Run, further described as Lot 14, Fountainhead subdivision, located within the Vineyards PUD, Collier County, Florida. 2) THIS ITEM HAS BEEN CONTINUED TO THE DECEMBER 14, 1999 MEETING. Petition V-99-21, Jerry Neal, representing Alfred Luckerbauer, requesting a 7.5 foot variance to the required 15 foot side setback for docking facilities to 7.5 feet for property located at 9 Pelican Street East, further described as Lot 40, Isles of Capri No. 1, in Section 32, Township 51 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. 7 November 23, 1999 A. COMMUNITY DEVELOPMENT & ZNVIRONMENTAL SERVICES 1) To approve a resolution endorsing the Immokalee Friendship House as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit program. 2) To approve a resolution endorsing Collier County Housing Authority Land Acquisition - New Development, 1nc. as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. 3) A resolution by the Board of County Commissioners supporting the inclusion of Immokalee as part of a Rural Area of Critical Economic Concern under the Florida Rural Economic Development initiative. 4) Approval of the mortgage and promissory note for a one million eighty-five thousand ($1,085,000) dollar loan to Habitat for Humanity of Collier County, Inc. Request to approve for recording the f'mal plat of"Island Walk Towncenter" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) A budget amendment for the provision of Transportation Disadvantaged services. Request the Board set a public hearing date for January 25, 2000, for consideration of a proposed development order and Ordinance for a Development of Regional Impact and PUD rezoning for petitions DRI 99-02 and PUD 99-08. 8) Final acceptance of sewer facilities for Port Au Prince. 9) Request to approve for recording the final plat of "Waterways of Naples, Unit Five", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 1o) Request to approve for recording the f'mal plat of"Waterways of Naples, Unit Six", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 11) Request to approve for recording the final plat of"Countryside at Berkshire Lakes, Section One, Tract 10 Replat'. 12) Request to approve for recording the irmal plat of"Q.J.R. Subdivision. 8 November 23, 1999 13) Request to approve for recording the final plat of"Carlton Lakes Tract DD' 14) Request to approve for recording the final plat f"Briarwood Unit Eight" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. B. PUBLIC WORKS 1) Approve a Budget Amendment to provide for assessment of delinquent accounts in the Mandatory Collection Program. 2) A Resolution to authorize the Director of the Department of Revenue to execute Water Service Agreements. 3) Award a Contract for Bid No. 99-2995, Naples Beach Rock Removal to Douglas N. Higgins, Inc. in the amount of $184,625.00. 4) Award a Contract for Bid No. 99-2980, Wiggins Pass Maintenance Dredging to Lake Michigan Contractors, Inc. in the amount of $1,228,000.00. 5) Approve Work Order No. PW-GB-9917 with A.: Gall Boorman and Associates, to provide landscape design plans and services during construction for planting and irrigation work in the medians of Goodlette- Frank Road N. 6) Approve a 1999 Tourism Agreement with the City of Naples regarding implementation of the Gordon Pass Inlet Management Plan. Approve a 1999 Tourism Agreement with the City of Naples regarding installation of T-groins and modification of the Groin Field North of Gordon Pass. 8) Approve a 1999 Tourism Agreement with the City of Naples regarding restoration of two thousand six hundred feet of the Naples Beach using the Parker Sand Web System. 9) Approve Professional Services Agreement in the amount of $55,232.00 for roadway and traffic signal improvements at Immokalee Road (CR 846) and Randall Boulevard. 9 November 23, 1999 10) Approve Work Order #PW-BL-9916 with Botuer Land Design, Inc. for the North Tamiami Trail Median Landscape from Seagate Drive to Gulf Park Drive. Approve a First Amendment Instrument to the 1998 Amended and Restated Developer Contribution Agreement with Long Bay Partners for Livingston Road Construction North oflmmokalee Road, Project No. 65041. 12) Approve the purchase of one (1) Gradali Hydroscopic Excavator on State Contract. 13) Approve a Budget Amendment to re-open a purchase order closed by mistake during the end of FY-99 purchase order closures for Camp, Dresser & McKee, PO~703938. 14) Approve the purchase of one (1) Articulated Motor Grader on Florida State Contract. 15) Approve an alternate road impact fee computation for Baer's Furniture Showcase. 16) Accept a Utility Easement from SunTrust Bank, Southwest Florida. 17) Approve a Donation Agreement and accept a Drainage Easement for access and maintenance within Palm River Estates. 18) Award Bid No. 99-2971 "Purchase & Delivery of Vacuum Pump Tanker and Truck" to Walsh Freightliner. 19) Adopt a Resolution authorizing the acquisition by gift or purchase of certain interests by easement and/or fee simple title for Livingston Road between Golden Gate Parkway and Pine Ridge Road CIE No. 52. 20) Adopt a Resolution authorizing the acquisition by gift or purchase of certain interests by easement and/or fee simple title for Livingston Road between Immokalee Road and Vanderbilt Beach Road CIE No. 57. 21) This item has been deleted. 22) Award a contract to MWM South, Inc. for the North County Regional Water Reclamation Facility Reclaimed Water Pond Liner System, Bid 99-3002, Project 74015. 23) Authorize Wastewater Director to accept Department of Environmental Protection Settlement Offer. 24) Recommendation that the Board of County Commissioners approve the staff selection of firms and authorize staff to negotiate Agreements with firms for the Fixed Term Land Surveying and Photogrametric Services (RFP 99-2980). 10 November 23, 1999 26) Approval of a Limited Use License Agreement with Collier County Police Activity League, lnc. for use of County-owned land for an event. Award a Construction Contract to APAC-Florida, Inc., for lmmokalee Road (I-75 to C.R. 951) Four Lane Improvements, Bid No. 99-2992 and authorize a Supplemental Agreement with Hole, Montes and Associates for Construction Services. C. PUBLIC SERVICES 1) Approval of an Assignment of Lease between Collier County and the Marco Island Safe Boating Association, Inc. 2) Approve a change order for Eagle Lakes Community Park project. 3) Report to the Board of County Commissioners on the two independent appraisals obtained on that property located adjacent to the Golden Gate Community Center. 4) Approve the final ranking of landscape architect firms for the implementation of Master Plan for North Naples Regional Park request for proposal 99-2947. 5) Confirmation of Dr. Joan Colfer, M.D., M.P.H., as the new Collier County Public Health Director. 6) Authorize the Chairwoman to execute an agreement between Forest Park Subdivision and Collier County to provide a public walkway/bike path through the Forest Park PUD connecting to the Golden Gate Community Park. I! November 23, 1999 D. SUPPORT SERVICES 1) Approval and execution of Satisfactions of Notice of Promise to Pay and Agreement to extend payment of water and/or sewer system impact fees. 2) Authorization to execute Satisfaction of Liens documents filed against real property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 3) This Item Deleted 4) Approve a Budget Amendment for Renovation of Office Space in the Clerk's Criminal Department on the Sixth Floor of the Courthouse. E. COUNTY ADMINISTRATOR 1) Approval of Budget Amendment Report - Budget Amendments ~00-022; 800-049. F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 12 November 23, 1999 1) Approve the Certificate of Public Convenience and necessity for the Collier County Emergency Medical Services Department. 2) Approve a Budget Amendment to recognize and appropriate insurance proceeds for the emergency repair of the helicopter engine and designate Turbomeca Engine Corporation as the sole source vendor. 3) This item has been deleted. 4) Approval of a first amendment to lease agreement with the City of Naples Airport Authority. 5) Submittal of an Emergency Management Preparedness and Assistance Competitive Grant for Voluntary Organizations assisting in Disaster and Community Emergency Response Team Activities. H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to f'de for record with action as needed. I. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to adopt the Resolution and Budget Amendment appropriating Carry Forward and Expenditure Budgets for Open Purchase Orders at the end of Fiscal Year 1999. 13 November 23, 1999 J. COUNTY ATTORNEY IC 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 INDMDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition R-99-10, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Amerisite LLC, requesting a rezone from "A' to "C-5' for a storage facility for property located on the east side of CR 951, north of Rattlesnake Hammock Road, in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.62 +/- acres. BJ Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varuadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A' Rural Agriculture and "PUD' Planned Unit Development to "PUD" for a new Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidential facilities including a club house, 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 111* Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres. Petition PUD-98-15(1), William Hoover, Trustee, requesting an amendment to the Mauriel PUD for the purposes of changing the PUD name to the Bucks Run PUD, adding churches and schools as permitted uses, revising the Master Plan to reflect the updated wetland boundaries and reducing the front yard setback from 25 feet to 20 feet for property located on the east side of C.R. 951 and approximately 700 feet north of Vanderbilt Beach Road (C.R. 862), in Section 35, Township 48 South, Range 26 East, Collier County, Florida. De Petition PUD 99-19, Rock Aboujaoude of AIM Engineering & Surveying, Inc., requesting a rezone from "A-MHO' to "PUD" Planned Development to be known as Harvest for Humanity PUD for a project consisting of 110 mixed residential dwelling units inclusive of a designated common agricultural area, 14 November 23, 1999 Ee Fe Go and allowance for the public to harvest products grown on the agriculturally designated tract, located on the northeast corner of Lake Trafford Road and Carson Road, in Section 32, Township 46 South, Range 29 East, Collier County, Florida, consisting of 38.4_+ acres. Petition VAC 99-014 to kacate a 15' wide drainage easement along the tract line common to Tracts "K' and "L', according to the plat of"Northbrooke Plaza", as recorded in Plat Book 31, Pages 65 through 66, Public Records of Collier County, Florida, and to ace,pt a 15' wide drainage easement with Tract "L' as a replacement easement located in Section 19, Township 48 South, Range 26 East. Petition CU 99-26, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing SAWCC, Inc. requesting conditional use "6" of the "RMF-6' zoning district for a group care facility for property located on the north side of Weeks Avenue, approximately % mile west of Bayshore Drive, in Section 11, Township $0 South, Range 25 East, Collier County, Florida, consisting of 6.09+/- acres. THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 11, 2000 MEETING. Petition PUD-13, Michael R. Fernandez, AICP, of Planning Development, Inc., representing ReHeum, Inc., requesting a rezone from Rural Agriculture to "PUD" Planned Unit Development to be known as Balmoral PUD for n maximum of 154 residential dwelling units for property located on the east side of the future Livingston Road, north of Golden Gate Parkway (C.IL 886) and south of Pine Ridge Road (C.IL 896), in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 39.58 +/- acres. THIS ITEM HAS BEEN CONTINUED TO THE DECEMBER 14~ 1999 MEETING. Petition PUD-99-22, Richard D. Yovanovich of G°°dlette, Coleman & Johnson, P.A., representing James D. Vogel, Trustee, requesting a rezone from "A' Rural Agriculture to "PUD" Planned Unit Development to be known as Royal Cypress Club PUD for a maximum of 360 multi-family residential affordable housing units for property located on the east side of C.R. 951 approximately 1.5 miles south of Davis Blvd., in Section 11, Township 50 South, Range 26 East, Collier County, Florida, existing of 39.9 +/- acres. THIS ITEM WAS CONTINUED FROM THE OCTOBER 26, 1999 MEETING AND IS FURTHER CONTINUED TO THE JANUARY 11, 2000 MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover Planning, representing Gulf Sun Corporation, requesting a rezone from "A' Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed use residential development not to exceed 628 dwelling units located % mile south of Pine Ridge Road (C.IL 896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 east, Collier County, Florida, consisting of 76.85 + acres. 15 November 23, 1999 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 16 November 23, 1999 WHEREAS, PR O'CLAMA TION the Board of Collier County Commissioners bas been notified by the National Extension Association of Family and Consumer Sciences that Jan Bennett, Home Economist with the University of Florida Extension Service, Is the recipient of the National "Continued Excellence" award; and, WHEREAS, this award recognizes Extension faculty who bare been actively involved in professional improvement programs, as well as the promotion of professional development and leadership of others; and, WHEREAS, Ms. Bennett's application received state-wide recognition and was submitted for national consideration; and, WHEREAS, WHEREAS, NOW Ms. Bennett was cbosen fai,:lt~ ~ionai efforts in the area of food safety directed to !and consumers; and, Bennet r the Year"for the ~f Collier Bennett for DONE AND ORDInalS 23 Day of Novembe~ ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK AGENDA ITEM No. NOV 2 3 1999 pg.. / PROCL/iMA TION WHEREAS, the Victim Assistance Section of the Collier County Sheriffs Office is comprised of deputy sheriffs whose primary function is to render help to victims of crime and their families; and, WHEREAS, the Victim Assistance Section takes part in the process of death or injury notification and provides support at the scene and in the aftermath of a death or a crime; and, WHEREAS, the District Twenty Medical Examiner's office and the Board of County Commissioners gratefully acknowledge the tireless efforts generously provided by these dedicated and professional individuals; and, WHEREAS, WHEREAS, the Criminal Investigations Division of the Collier County Sheriff's Office joins in recognizing the Victim Assistance Section for their role in the process of crime and death investigation; and, the.cititens of Collier County are encouraged to pause and recognize the contributions of the Victim Assistance Section for pr° viding help, comfort, and support to those afflicted bygrief and crisis. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the citizens of Collier' County and the District Twenty Medical Examiner's office hereby acimowledge and thank the Victim Assistance Section of the Collier County Sheriff's Oj~ce for their noteworthy role in the process of death investigation and for their contribution to the well being of the citizenry we serve. DONE AND ORDERED THIS 23rd Day of November 1999. BOARD OF coUNTy COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK 1999 COLLIER COU, ,ITY ADMINISTRATOR'S OFFICE November 16, 1999 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX: (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Ms. LaVerne Franklin 450 Henley Drive Naples, Florida 34104 Dear Ms. Franklin: Re: Request for Public Petition - Rename CR 951 in Honor of Dr. Martin Luther King, Jr. Dear Ms. Franklin: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 23, 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. ly, : ty Administrator RFF/bp CC: County Attorney Community Development & Environmental Services Division AGEND~A i,TE~ No.- NO' 2 3 1999 pg. I - EXECUTIVE SUMMARY TOURIST DEVELOPMENT FUNDING FOR THE NORTH NAPLES LITTLE LEAGUE, INC. $9,853. OBJECTIVE:To approve funding from the Tourist Development Tax for the North Naples Little League, Inc. in the amount of $9,853. CONSIDERATIONS: On October 18~, 1999, the Tourist Development Council reviewed an application for a Category "B" Advertising/Promotion and Special Events project regarding the funding the North Naples Little League, Inc. Total available funds for projects in this category at the time of the meeting were $1,984,800 as of October 18th, 1999 and the proposal was recommended for funding. The North Naples Little League requested $9,853 to promote the event that was scheduled for and held on August 8-10, 1999. The TDC recommended funding the full amount requested by a unanimous vote. FISCAL IMPACT: Funds are available from the Tourist Development Tax Fund. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the above referenced contract for TDC funding and authorize the Chairwoman to sign the 1999 standard agreement for this activity. PREPARED BY: ..__._~DATE: Jane E.'Ei~hhor~, ~I~C CoOrdinator Hou'sing and Urban Improvement REVIEW BY:~Jreg ~vnnm~c /C~ ,~,__,.f_, HUI Director Housing.~and Urban Improvement APPROVED BY: DATE: t lncen . au ero, C minis a or Community Development & Environmental Services I/,/7 ,q¢ DATE: AGE.:N~ A ITEM Pg. FROM : C¼ampion Sports Productions PHONE NO. : 305 655 0697 Now. 10 1999 12:36PM P2 1999 TOURISM AGREEMENT BET~'EEN COLLIER COUNTY AND NORTH NAPLES I,ITTLE Lt:. ~kGUE, INC. REGARDING NAPLES LITTLE LEAGUE SPORTS FESTIVAL THIS AGREEMENT, i, m~e and cmtcxa=d into fltis day of , _~ 199~ refe~ to ~ "CO~Y." ~AS, ~e CO~ ~ ~op~ed a To~st Developm~t P].~ ~emi~.~ ref~ to ~ "PI~") ~d~d by procee~ ~om ~e To~t D~.l~m~ T~; ~d ~~AS, ~e PI~ pm~ ~a~ ~ of ~e rev~s genem~d by ~e To~st D~elo~t ~ ~e to be ~aed for ~e promofi~ ~d ~v~s~g of Co~ Co~W mfi~ly a.~ ~t~tio~ly ~d for ~e promotion ~ded to b~g to~ to Collier Co~; ~d ~, G~EE ~ a~h~ ~ the Tomst D.velopmmt T~ Co. oil Com~ to ~ To~ D~el~mmt T~ ~ds ~r ~ S~ F~v~ ~cl~in.g adult ~ footb~, ~S, ~e CO~Y desk~ lo ~d ~e proposed adv~ising ~d promotion p~s~t to tM~ ~eem~t. NOW, ~FO~, BAS~ ~ON ~ PI~S PRO~D ~, ~ OT~R V~U~LE CONS~E~TION, IT ~~LY A~ED AS FOLLOWS: 1. SCOPE OF WO~: ~ a~rdmc. ~th thc G~T~ ~1 pwvido ~ Ev~, ~ d~e(s) of ~ Evmt may not m¢n~i to ~s A~oem~t ~ pr0vi~ in Se~on 17. 2. ~: The m~ to be paid ~ this A~~t .h~ be Nine ~m~ce wi~ fisc~ ~ur~ of ae Cowry for e~ndit~ ~c~ed for ~e promotion ~d adv~g exposes ~ desc~b~ ~ S~on 1 upon ~bmi~al of an invoice ~d upon v~don tha ~ ~ices d~fibcd in ~e hvoim ~e co~lctcd or sha~ ~bmit invoices to ~e Co~ A~is~tor or h~ desi~. FROM : PHONE NO. : GOS 655 0697 Now. 10 1999 12:37PM P3 Champion Sports Pr~oduc~ions lus designee alkali dctm-mi~ that thc m¥oicc payments are au~o~z~ and dte ~oods or co-w~ by suoh invoice ~ve been provided or p~~ in acco~ce ~th such ~.e ~ne it~ budg~ ~h~ ~ E~it "A" ~1 ~fi~e a~ofizsfion of ~c des~b~ ~ ~e ~voic~ p~vided ~a s~ ~pendi~e is made ~ ac~c ~ A~eement. Ba~ ~voice subdued ~ ~~E s~l be it~i~d ~ ~cient d~l for ~ereof ~ ~1 ~ su~o~ed by ~pies of c~p~ng v~dor Mvoices '~ ~oof of r~pl of gc~ or p~om~c~ of thc s~c~ intuit. ~E s~ c~fy ~ ~t~g ~ mbc~rs ~d ~nd~ have ~ p~d ~ wo~ and ma~s ~m p~o~ pa~ts r~v~ phor m m~ipt of ~y ~r pa~. ~e ~~ sha~ not pay G~E ~til t~ CI~ of the Bo~ of Co~B, Comsion~s P~au~ts pa~t ~voie~ ~ accord~e wi~ ~ law. G~EE ~ be p~d for ~ ~ cm m~ m exceed ~ to~ moral ~r vroom itm~ md ~ ~ ~e m=~m mo~t budgeted p~t m ~e At~h~d "E~bit A.' T~ mo~ts ~phc~l, m ~ vinous ~, i~s of E~bit "&" subject m the m~m total ~ may be i~r~M or d~r~ by ~ m ~ p~c~t (10%) at ~ ~on of G~N~E. Adjus~ ~ cxce~ of tm p~t (10%) of ~y line it~ must be ~odz~ by &e Co~ Admi~tor or ~s desi~ee. 3. ELIG~[E ~~~ES ~y eli~ble ~pondi~tes d~b~ ~ Section l' will be p~d by CO~. CO~ a~e~ m pay ~y exp~ ~c~ed b~veen J~e 1, 1999 md ~e e~imfion of ~is ~em~t, ~y e~~es ~d by CO~ w~h ~e ~ demed to ~ i~li~ble exp~i~ sh~l be r~d m CO~ ~in 30 ~ys of CO~'s ~ r~u,st to r~ay mid ~ds. CG~ may r~u~ r~a~t of ~ds for a p~od of ~ m one ye~ aff~ t~tion oft~s igre~t or ~y ~tension or r~ew~ 4, ~: G~TEE ia r~ir~ to audit a C~ficatc of ~ ~1~ Co~, ~d i~ Bo~ of Co~ Co~ion~ ~d ~e To~ ~wl~mmt C~,il ~ ~difl0n~y i~& 2~, ceffificate m~ be v~d for ~c duration 0fthis ~d b, issu~ by a mm~y lic~ ~ ~e State of N~fid~ md provide Genii Liabili~ ~~ for no leto ~ ~e follo~ BOD~Y ~Y ~IL~ $300,000 e~h c~ p~ p~n PROPER~ D~AGE ~~Y $300,000 e~h cl~m per p~on 2 AG':~A ITrdvl .NOV 2 3 1999 FROM ; Champion Sports Pf-oductions PHONE NO. : :385 655 069? Nov. 10 1999 12:37PM P4 PERSONAL INILrRy LLMSLLITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Admin~or or his designee x-,titbi~ ten days of execution of this Agreement by ~e COUNTY. The GRAN'I~E shall not commence promotional and advertising activities which are to be funded pursuant to this Agreemex~t unt/[ the Certii~icat~ oflnsm'ance has been received by the COUNTY. 5. MON'TI~Y REPOI~TS: OR.AlqTEE ~ provide to County l!lonthly reports on the duties _rmrformed and service provided by GRANTEE, its vendors or subcontractors, pursuant t~ this Agreom~t. The r~ort shall icl~ntify the amount spent during the prec~xting 30 days and t]~ duties performed, and the s~vices provided and goods delivered during said period. GRANTEE shall take re~onable measures to assur~ tAe continued satisfac~ry pcrfommnce of all vmdors and subcontractors. 6. CHOICE Olr VHNT)ORS AND FAIR DtiAL1NG: GRAlq'rEE may select vendors or subeontracmrs to provide services as d~scn'b~l in Section I. COUI~'TY shall not be re~pons~le for payinl~ vcndors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between CtRA2q'I'HE and the subcon- tractors or wndors, including, but not limited to, dmilar or re2atexi omployem, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonablmess of expenditures and require repayment if invoices have been paid trader this .Agre~-mznt for mu'easonable expenditures. The reasonableness of the expendittn-~ shall be based on/ndustry standards, 7. INDE~ICATION: Th= GRANTI//H ~h~-ll hold harmless and defend COUNT'Y, and its agents and employc-es, from any and ail suits and actions includln~ sXtorney~s fees and all costs of litigation and judgme, nts ~f any name and description arising out of or incidental to thc pel'f'crrmance of this Agrceme.nt or work performed ther~ndm-. This provision sh~Jl also pertain to any claims brought a~ainst the COUNTY by any employee of the named (~RA.N'rEE, any subcontractor, or anyone directly or indirectly employed or atlthoriz~l to perform work by any of them. The GRANTEE's obligation reader this provision shall no~ be limited in any way by the agr~-d upon Agreement price as shown in this Agremnent or the GRANTEE's limit of, or lack o/; sa f6cient insurance proti~ion. A~EI, cDA iTF_M NOV 2 3 1299 FROM : Champion Sports Productions PHONE NO, : 3135 655 8697 No~.,. 113 1999 12:38PM PS ft. ]g.Q.TI.C2~: All notices from the COUNTY to tho GRANTEE shall b~ in wt'itiral and d~med duly served if maiDd by registered or certified mail to the GRANTEE at the following address: Marlo Signomllo, Jr. North Naples Little l.~agu¢, Inc. 7537 Citrus Hill Lane Naplos, Florida 34109 All notices f~om the GRAI~I~B to the COUNTY shaU be in writhag and deemed duly s~vcd if mailed by registered or certified mall to the CO~ to: Cotmty Administrator Second Floor, Administration Building 3301 Tamim~ti Trail East Naples, Florida 34112 The ORA2q-TEE aad thc COUNTY may change the above marling address at any time upon giving the other party written notification purmant to this Section. 9. NO PAI~TNERglqlP: Nothing hcr¢in contained shall be construed as creating a partnership bctwcen the COUNTY ~cl thc GRANTEE, or its vendor Or rubcontractor, or to constitute the GRANTEE, or its v~ador or subcontractor, as an agent or employee of the COUNTY. 10. ~]~[IJ,~: Thc COUNTY or the GR.AlqT~ may callcel this Agreement with or without cause lwy giving 30 days advance written notic~ of such termination pursuant to Section 8 and specifying the effective date of termln~tior~ If tt~ COUIFI'Y t~mlnate~ this Agrcernent, the COLrNTY will pay the GRANTEE for all expenditures incurred, or contractual obl/gations incurred with subcontractors and vcnrtors, by GRANTEE up to the effective dat~ of the tcanination so long as such expenses are ,ligible. Provided, bower=r, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COIJ'NTY pursuant to. thiq A,g~emenl, unless the Board of County Comm/ssioners determines that the completed promotion and advertising of the event or activity were sufficient to justify thc usc of tourist development tax funds. ~ I. O1EN-ERAL ACCOUNTING: GRANTEE is rcqaired to maintain complete and accurate accounting records and keep tourism funds in a sc-par-ate checldng account. All rcwnue A~A iT~4 FROM : Champion Sports Productions PHONE NO. ," 305 655 069? Nov. 10 1999 12:38PM P6 relatcd to the Agrcem~n't should be rr~ordod, and all ~penditurcs must be incurred within the ~mm of ~i~ Agrcememt. 12, AVAILABILITY OF R~CORDS: QRAxN~E]~ shall maintain r~cords, books, documents, papers and financial information pertaining to woxk performed under this Agree- merit. GRANTEB agrees thru the COLhqTY, or any of its duly authorized representatives, shall,. until the expiration of three (3) ~,ears after fin'tl paymem under this Agreement, have access to, and thc right to examine and photo'copy any p~rtincnt books, docunmnts, papers, and records of GRANTEE involving tramacdons r~lat~d to this Agrccnmnt. 13. PROHIBITION OF_ASSIGNMENt.: (~RAHTEE shall not assign, con¥cy, or transfer in whole or in part its '.interest in tkis Agreement without the prior writtcn cons~t of the COUNTY. 14. 'TF. RM: This Agrecmmt shall become effective on ldate Board approves] and sh,,~l remain effect/v~ for one year. The GRA2qTISE sh_~l! request an extension of this term in ~viting at least thirty (30) days pr/or to the expiration of this Agzeement, and the COUNTY may ag~c by amendmem to this Agrcoment to extend the team for an additioilal one year. Any funds not used by GRANTI~E during the term of this Agreement and m~y extension thereto shall be available for fitUn~ applicants. 15. ~[LABILITY OPFUND_S: This Agreement is subjoct to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM IMPACT: GKANTI~I~ shall monitor and evaluate the event identif]yin8 the success of the event, explaining how the success and quality w~-~ eva.l~ed~ report overall attex~dance ~xtchtding resident/non-resident attendance and how altendanc~ information w~s ~n~ GRANTEE shah provide a wr[tte~n rcpoxt to the County AdmL'~strator or his ~¢ within sixty (60) days of the dat, of th, c-vent. 17. RF, OUIR£DNOTATiQb]: All promotional literature and mcdia sdvertising must prominently list Collior County as one of the spon~or~. 18. ~~[~: This Agreemmt may only be amended by mu-tt~l a~r~ment of thc parti~ al~d ~,~er recommcnd,'~tion by the Tourist Development Council NOV23] 99 [ FROM : Champion Sports Productions PHONE NO. : 305 655 0697 Nov. 10 1999 12:39PM P? IN WITNESS WHEREOF, the GRANTBE and COLrNTY have e~h respectively, by an authorized person or agent, heretmdor set their hands and scals on thc date and year filst above writ'ten. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COIVIM/SSIO~ COLLIER COUNTY, FLOP, IDA By: PAMELA S. MAC' KIE, Chairwoman Printed/Typed Name GRANII~I~ NORTH NAPLES LITTLE LEAGUE, INC. Printed/Typed Name PrinteA/Typ~ Name Printed/Typed Title (co .rporatc $cal) App/oved as to form legal mffi~i~ncy Heidi F. Ashton Assistant County Attorney h:~hfa\tdckformsLO9 N, Naples Little L,agu~ A~A ITEM NOV 2 3 ~99 FROM : Champion Sports Productions PHONE NO. ; 305 655 8697 Now. 10 1999 12:39PM P8 Exhibit ~ S_t~ ........ $ -i,8o0. rRefe~ees $ 1,08g.00 Umpires .... $ Referee per d~em $ 175,oo F~ S 519,~ ~~iOnS . S 431,41 'T~hins $ 1.575.~ ~apl~ Wale Leagq~ .... _'-~- _ ~SO, O0 ~ck ~d Van ~as ~ ._ 71.~0 and toils Webstets S~ $ 148.5 NOV 2 3 ;~99 Date Submitted 11/03/99 Agenda Item # I Requested Agenda Date: 11/23/99 (4) Approval of Minutes Ill (7) Public Petitions [] (8C) Public Services [] (9) Attorney F-] (12) Public Hearings [] (15) Communications ' Division Head: Date: [] (5) Proclamations [] (6) Clerk [] (8A) Community Dev. & Env. Svcs. [] (SB) Public Works [] (8D) Support Services [] (8E) County Manager [] (10) BCC [] (11) Other Constitutional Officers [] (13A) BZA Public Hearings [] (14) BCC Communications [] (16) Consent Agenda , ~ _ j //!/6aq/ ~7 Reviewed by:~~. -. Date: ///-/Z - /4' Manager: Date: Item Title: TOURIST DEVELOPMENT FUNDING FOR THE NORTH NAPLES LITTLE LEAGUE, INC. $9,853 List of Documents Attached: I. Executive Summary (required) 3. 5. 193-101541-882100 2. North Naples Little League Agreement 4. NOV 2 3 !.°79 EXECUTIVE SUMMARY TOURIST DEVELOPMENT FUNDING FOR THE NORTH NAPLES LITTLE LEAGUE, INC. $9,853. OBJECTIVE:To approve funding from the Tourist Development Tax for the North Naples Little League, Inc. in the amount of $9,853. 'CONSIDERATIONS: On October 18th, 1999, the Tourist Development Council reviewed an application for a Category "B" Advertising/Promotion and Special Events project regarding the funding the North Naples Little League, Inc. Total available funds for projects in this category at the time of the meeting were $1,984,800 as of October 18~h, 1999 and the proposal was recommended for funding. The North Naples Little League requested $9,853 to promote the event that was scheduled for and held on August 8-10, 1999. The TDC recommended funding the full amount requested by a unanimous vote. FISCAL IMPACT: Funds are available from the Tourist Development Tax Fund. A budget amendment will be required to allocate funds to this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners. approve the above referenced contract for TDC funding and authorize the Chairwoman to sign the 1999 standard agreement for this activity. PREPARED BY: ~ ..... ...____~DATE: //'/~7 tqq Jane E'. Ei~hhorn, TDC Coordinator HoU'Sing glad Urban Improvement / Housing and Urban Improvement APPROVED BY: DATE: Vincent A. Cautero, AICP Administrator Community Development & Environmental Services NOV 2 3 FROM : Champion Sports Productions PHONE NO. : 305 655 0697 Now. 10 1999 12:36PM P2 1999 TOURISM AGREEMENT BET'WEEN COLLIER COUNTY ,: ND NORTH NAPLES I,ITTLE LEAGUE, INC. REGARDING NAP!-~S LITTLE LEAGUE SPORTS FESTIVAL THTS AGREEMENT, i.s made and cnt~d into fl~s ~y of , .199~ "G~TEE" ~d Co.er Co~, a ~tical ~diMsion of ~AS, ~ CO~ ~ ~op~ed a To~st Dovelopm~t P],~ ~emi~ re~ to ~ "PI~") ~ded by pr~ee~ ~om ~e To~st D~ol~m~ T~; ~d ~~, ~e PI~ pm~ ~a~ ~ of ~e rev~s gen~d by ~e To~st D~elo~t ~ ~e to be ~ocated for ~e promo6~ ~d ~v~s~g of Co~ Co~W natively a~ ~t~6o.z!ly ~d for ~e promo~on ~d advises of ~tivid~ or evers ~ded to b~g to~ to ColEer Co.W; ~d ~, G~EE ~ a~ ~ ~e Tou~st De~lopm~t T~ Cocci1 Co~W to ~ To~ D~el~m~t T~ ~ds ~r ~ S~ F~v~ ~l~ing ad~t ~g foo~b~, '~lt ~d youth soRb~, d~on ~d 5K r~e soh~ ~S, ~e CO~Y des~ ~o ~d ~e proposed ~v~ising ~d promo~on P~~S PRO. ND ~, ~ OT~R V~U~LE CONS~E~ON, IT ~~LY A~ED AS FOLLOWS: 1. sCoPE OF WORK: ~ a~rd~cv ~th the ~g~ G~T~ ~I p~vi¢o ~c Evmt, ~e ~e(s) of ~n~ 1o ~s A~eem~t ~ provi~ in Se~on 17. 2. ~: The ~o~ to be paid ~d~ this A~t ah~ll be Niu~ ~~ce wi~ fisc~ pr~ur~ of ~e Co~ty for e~it~ ~c~ for ~e p~mo~on ~d adv~g exposes ~ desc~bcd ~ S~on I upou ~bmi~al of an invoice ~d ~on v~ca~on th~ ~e ~c~s d~bcd in ~ ~.voi~ ~e co~lctcd or G~E s~l ~e~e ~ ~e goods ~d s~ices shall submit invoices m ~e Co~W A~s~a~or or FROM : Champion Spor'es Productions PHONE NO, : 305 655 0697 Now. 10 1999 12:3?PM P3 l~a dc~iga~c sh~li dct. e~c ~aat t~c invoice pa~ts ~ -e zu~oHz~ and ~e goods or s~ice~ cove~ by such ~nvoice ~v~ been p~vidcd or p~~ in acco~c ~th such aut~fizafion. ~_e ~ne it~ badg~ ~ch~ ~ E~it "A" s~ ~mfi~e a~o~za~on of ~e e~en~ de~b~ ~ ~e ~voic~ p~vided ~ s~h ~endi~e is made ~ a~~c ~ Ageement. Ea~ ~voiee sub, ned by ~~ s~1 be it~i~d ~ ~ei~t d~l for ~ere~t ~ ~1 ~ su~ by ~pies of c~p~&ng vendor ~vo/ees ~ ~oof of rm~pt of ge~ or p~o~mee of the s~c~ invoi~. ~E s~ c~fy ~ ~t~g ~ ~b~~rs ~d vend~ have ~ p~d f~ wo~ ~d m~s ~ p~o~ r~v~ p~or w m~ipt of ~y ~er pa~m. ~e ~~ shah not pay G~E the Cl~ of the Bo~ of Co~' Co~ssion~s P~au&~ pa~t ~voi~ ~ acc~d~e wi~ ~,e law. G~E ~ be p~fl for ~ ~ ~ ~t W exceed ~e m~ ~omt ~r v~o~ ~e ~omts ~p~c~le to ~e v~ous ~e i~ of ~bit "~" ~ubject ~ the m~ tot~ ~unh may be incr~ or d~r~ by ~ to t~ p~c~t (10%) ~ ~ ~on of G~N~E. Adj~ ~ cxce~ oft~ p~t (10%) of ~ l~e it~ must be ~ofi~ by &e Co~W A~~tor or ~s desi~ee. 3. ELIG~LE ~~~ES ~y eli~ble ~pendi~res de~h~ ~ Section 1' ~ll be p~d by CO~. CO~ a~e~ to pay my ex~~ ~c~ b~v~n ]~e 1, 1999 md ~e e~i~ion of ~s ~em~t. ~y e~~es ~d by CO~ wMch ~ ~ de~ to ~ ineli~ble ~p~di~ sh~l be r~aid ~ CO~ ~in 30 ~ys ot CO~'s ~ r~uest ~o r~ay ~id ~ds. CO~ may r~u~ r~a~t of ~ds for a ~ of ~ to one ye~ aff~ t~nation oftMs Agre~t or ~y ~wnsion or r~ew~ ~: G~EE is r~ulred to su~it a C~ficatc of ~ce ~ ~]~ Co~, ~d i~ B~ of Co~ Co~ion~ ~d ~e To~ ~vel~m~t C~il ~ ~flifio~ ~. 2~e eeffifieate m~ be v~ for ~c ~rafion of~is ~e~t, ~d be i~ued by a ~mp~y lie~ ~ ~e State of P~fi~ ~ provide Genii Li~biliW Insurance for no le~s than the following amounts: BODILY INJ'LrRY ~L~B~ $300,000 each clahn per person PROPERTY DAMAG]~ I_IA.BILFfY $300,000 each claim per person 2 FROM : Champion Sports Productions PHONE NO. : 385 655 0697 Now. 10 1999 12:37PM P4 PERSONAL EqlLrRY LIA. BLLITY $300,000 ~*h claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The C,~'dficat¢ of Insurance mu~t be delivered to the Colmty Administrator or his designee vri~n ten days of execution of flxis Agreement by the COUNTY. The GRANTEE shall not co~ promotional and advertising activitie~ which ate to be ftmded p~t to this Agreem~at until the certificate oflnsar~mce has beea xeceived by the COUNTY. 5. MONTHI.Y REPORTS: ORANTt~I~. ~ provide to County monthly r~orls on the duties _r~-formed and s~rviec larovidcd by GRANTEE, its vendors or ,ubeontraotors, pursuant to this Agrcemea~t. Thc r~'port shall id~r~tify the amount sp,nt during the pmc~xling 30 days and tt~ duties p~tfonned, and thc s~rvices provided and goods delivered during said period. GRANT~ shall take toe, enable meamu'os to a~sure the continued satisfactory pcrformancc of all reredos, mad subcontractors. 6. CI-IOICB OF VL~IDORS AND FAIR DEALING: GRANTEE may select vendors or mbcontrac~r, to provide servic~ as d~r[b,d in Section 1. COUNTY ~tall not b~ respons~lc for paying vendors and shall not be involved in the ~dection of subcontractor~ or vendors. GRANTEE agrees to cliscl~se any relationship between GR_A.NTh-~ and the subcon- ttaotors or vmclom, including, but not limited to, .,Omilar or related eanployeez, agenm, officers, &ir,trots ~nd/or shareholders. COUNTY may, in it~ cti$cretion, object to the reasonablem~s of expmdituros and require repayment if invoie~ have b~cn l~d uudgt this .Agtr, cmmt for untea~nable expettdit~. The reasonableness of the expeaclitur~ sh~ll be based on industry staudard~. 7. INDElVINIFICATION: The ~RAN~BB shall hold harmles~ and defend COI.rNTY, and its agents and employe~s, from any and all s~ita and actions including allorn~y*s fees and all costs of litigation and judgments of any name and descril~tion arising out of' or inddental to th~ p~'formanc, of thi~ Age,emit or work performed thertaradcr. Thi~ provision shall also p~adn ~o any ~laima brought against the COUNTY by any employee of the named ORANTEE, any subeontracto~, or anyone directly or mclir~ctly ~nploycd or authorizocl to l~rform work by any of them. The GRANTEE's obligation undm: this provision shall not be limited in any way by the aamed upon Agreeme~at price as ~hown in this Agre~ncnt or the GIt~3qTEE:s limit of, or lack of; sufficient insurance protection. NOV 2 FROM : 1999 12:GaPM PS Champion Spor$s Productions PHONE NO. : 305 655 0697 Now. 10 ~: All notices Q~m the COUN'rY to th~ GRANTE£ shall b~ in wdting and ~ duly served if mailext by registered or c~tifie, d mail to the GRANTEE at the following addre.~s: Marlo Signorcllo, Jr. North Napl~ Lilfle League, Inc. 7537 Citrus Hill Lane Naples, Florida 34109 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to tha COU~ to: County Administrator Second l:].oor, Administration Building 3301 Tarrdsmi Trail East Naples, Florida 34112 The (~RANTEE aud thc COUNTY may change the above mailing address at any time upon giving the other party writ'tm notification pursuant to this Section. 9. NO PARTNER,~I-IIP: Nothing hcr~in conta/ncd shall bc consWa~d as creating a partnorship bctwcca thc COUNTY and thc GRANTEE, or its vcngor Or subcontractor, or to constitute the GRANTEE, or its vendor or subconlractor, ~s an agent or employee of the COUNTY. 10. ~: Thc COUN'I'Y or the GRA2~FI'R~- may cancel this Agreemfmt with or without cause hr}' giving 30 days advance written notice of such termination ptlrs~ant to Section 8 and .specifying the effective date of termln~tion. If th~ COUN"TY t~minate~ this ~ent, the COLTlCI'Y will pay the GRANTEE for all expenditures incurred, or contractual obligations incwred with subcontractors and vendors, by GRANTEE up to the efl'ectivc date of th~ termination so long as such expenses are eligible. Provided, however, or it' GRANTEE fails to hold the event or activity, GRANTI/E shall pay to COI.rNTY all funds expended by COIINTY pursuant to. this AgreemenL unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax 1 I. C/EI~rERAL ,~CCOI;'NTING: GRANTHE is requital to maintain complete and ac, curate accountin8 records and keep tourism ftmds in a separate checking account. All rcvmuc NOV 2 3 FROM : Champion Spot-ts Productions PHONE NO. : 305 655 069-? Now, 10 1999 12:38PM P6 related to the Agxeeme~x ~houtd be xoeorded, and all ~pen~s m~ be m~d wi~n the 1Z AV~~J~ _OF. ~CO~S: G~EE s~ m~n~ r~o~s, boo~, doo~en~, p~e~ ~d ~ ~o~on ~ng to work pcrfo~ ~d~ m~t, G~E ~s ~ ~e COL~, or ay of its duly a~dzed r~r~t~v~, sha~. ~1 ~ ~p~ation of ~ee (3) b'e~s ~ ~nd pa~ ~d~ ~ A~e~ h~e ~ess to, ~d ~e ~t to examine ~d photocopy ~y p~ boo~, d~u~ts, p~s, ~d re~ of G~E ~olv~g ~ons mlated m ~s 13. PRO~I~ O~AS8IG~E~: ~EE shall not m~ c~v~, or ~f~ ~ whole or ~ p~ i~ ~t~est ~ ~s ~meRt wi~out ~e p~or ~n CO~Y. 14. .TF~: T~s A~eem~r ~ be~me ~ff~ve on [date Board approves] ~d sh~ll rem~ dfecSv~ for one y~. The G~E sh~l! ~uest ~ ext~ion of ~ t~ ~ g~g ~ le~t t~ (30) days prior to ~e ~a~on CO~Y ~y a~e by amendm~t to. ~s A~eem~t to ~d ~e ~ for ~ a~fi~al one ye~. ~y ~nds nm m~ by ~A~EE iu6ng ~e t~ of this A~t ~d ~ shall be arable for ~ a~]ic~. 15. ~ILITY OF F~S: ~s ~e~t is ~bjcct coll~on of tourist developm~t ~ ~. 16. EV~UA~ON OF TO--gM ~A~: G~EE shaE mo~tor ~al~e ~e ev~ id~~ ~ s~ce~ of the ~,~t, expl~g ~w the ~ss ~d qua~W w~ evE~e~ r~o~ ov~aR att~d~e ~h~g re~d~n-~s/d~ attend~ce ~d ~w aten~ce ~fomdon w~ ~ned. GRA~EE shah pro, de a ~tt~ A~s~r or ~s ~ec wi~ s~ (60) &ys of~ d~e of~e 17. ~UIR~ NOTATiQ~: ~ p~moti~ li~m~ ~ mcca ad~s~ m~ pm~y ~st Collier Co~w ~ one of~e ~on~. 18, ~~S: ~s A~e~t ~ o~y be ~ by m~l FROM : CHampion Sports Productions PHONE NO, : 305 655 069? Nou. 10 1999 12:39PM P7 tN W1TNBSS WHEREOF, the GIL&NTEE and COUNTY h~ve each respectively, by an authorized per, on or agent, hereunder set their hands and soals on thc date and year fllst above written. ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMI/LA S. MAC' KIE, Cha/rwoman ' lhin~d/Typed Nmme GRANTt~E NORTH NAPLES LITTLE LEAGUE~ INC. Printed/Typed Title (co .rporate seal) Approved ~ to form m~d legal sufficiency H¢idi F. Ashtnn Assistant County Attorney h:\b~\tdekFnmasLq9 N. Naples Little League NOV 2 3 I 99 FROM ." Cbampion Sports Productions PHONE NO. : 305 655 0697 st~ .... t $ -~,aO'o.0o t~efer, ees $ 1.089.00 Umpires .... . ~_ ~32.Q~. Referee Per diem $ 175.00 eo~~ _ S 504. ~P(~iqn~ ..... ~ $ 431.41 'Majlings ......... $ ~.0~_ ,HapI~ Li=le L~-~gue '-- S 750.00 '~ck ~d Van gas .... $ 71 .~0 and Webstets Nov. 10 1999 12:39PM P8 NOV 2 3 73 EXECUTIVE SUMMARY REQUEST TO WAIVE THE PURCHASING POLICY's FORMAL COMPETITIVE THRESHOLD UNDER SECTION V (A) 3 AND DIRECT STAFF TO NEGOTIATE A CONTRACT WITH A FIRM OR FIRMS TO PROVIDE SERVICES REQUIRED FOR THE CENSUS COMPLETE COUNT CAMPAIGN AND REQUEST THAT THE CHAIRWOMAN BE AUTHORIZED TO SIGN THE RESULTANT NEGOTIATED CONTRACT. OBJECTIVE: To waive purchasing policy's formal competitive threshold under Section V(A)3 so that staff may negotiate a contract with a qualified marketing/public relations finn to provide some or all of the services required for the Census Complete Count Campaign and authorize the Chairwoman to sign the resultant negotiated contract. CONSIDERATIONS: On October 26, 1999 the BCC approved the expenditure of $150,000 to plan and implement a locally-based promotion to encourage all residents of Collier County to be counted in the 2000 Census. Waiver of the above referenced purchasing policy will allow staff to immediately consider proposals, negotiate and select a qualified marketing/public relations firms. Authorizing the BCC Chairwoman to sign the resulting contract will allow planning and production of Census 2000 promotional materials to commence in December, 1999. FISCAL IMPACT: A budget amendment of $150,000 will be established in the Other General Administrative Cost Center by a transfer from General Fund Reserves for Contingencies. GROWTH MANAGEMENT IMPACT The Census count provides the foundation for the development of population projections by BEBR at the University of Florida. Population projections are a basic building block in many comprehensive planning activities. Additionally, Florida and Collier County's realization of its fair share of Federal Funds is dependent on a accurate census count. RECOMMENDATION: That the BCC Waive purchasing policy's formal competitive threshold under Section Vi NOV 2 3 1999 Pg.___/ staff may negotiate a contract with a qualified marketing/public relations firm to provide some or all of the services required for the Census Complete Count Campaign. Authorize the Chairwoman to sign the resultant negotiated contract. Approve the attached budget amendment appropriating $150,000 fi.om the General Fund Reserves to the Other General Administrative Cost Center. Attachment PREPARED BY: COMPREHENSIVE PLANNING SECTION REVIEWED BY: COMPREHENSIVE PLANNING MANAGER REVIEWED BY: November 10, 1999 DATE DATE BOB/B~HERE, AICP,~"IJI'REUT~R PLANNING SERVICES DEPARTMENT DATE A~PRg'VED BY: _,, V~'~EN-T A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION AC~ENDA I1 ~ NOV 2 3 1999 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. I (C) (FINAL) TO CONTRACT NO. 97-2771, REMOVAL OF NON-SPECIFICATION MATERIAL FROM THE NAPLES BEACH. OBJECTIVE: To obtain approval of the final change order to enable close-out of Contract No. 97-2771. CONSIDERATION: On February 24, 1998, the Board of County Commissioners awarded a contract for Bid No. 97-2771, Removal of Non-Specification Material from the Naples Beach to CB.E. Trucking Company, Inc. in the amount of $99,982.00. Subsequent to this award, on April 7, 1998, the Board of County Commissioners authorized an increase to the scope of work for Contract No. 97-2771 in an amount not to exceed $350,000.00. This authorization was approved as Change Order #1 by the Board on May 19, 1998 [Agenda Item 803)(3)]. Subsequent change orders to date on this contract are described as follows: Change Order # Description Amount 1 (A) Increased manpower and equipment costs necessary for compliance with the FDEP/ ACOE permit conditions during the sea turtle nesting season $14,609.52 I(B) Set forth conditions pertaining to payments for work performed through an amendment to the contract documents $0.00 Change Order No. 1 authorized suspension of work on this contract until after the 1998 sea turtle nesting season and established a final completion date of 90 calendar days after the notice to proceed date for resumption of work. A notice to proceed to resume work was issued effective December 7, 1998 resulting in a final completion date of March 2, 1999. The attached change order is the result of requests from the contractor relative to changes in the work as directed by the Owner. The summary of recommendations included with the change order outlines items of additional work together with the requested and recommended amount for each. These recommendations were the result of extensive and prolonged negotiations between the staff and the contractor and are considered by the staff'to be a fair and reasonable adjustment to the contract amount for the additional work performed. Along with approval of this final change order, work under this contract is considered to be completed and therefore authorization to close out contract #97-2771 is requested. NOV 3 1999 Executive Summary Change Order to Contract No. 97-2771 Page Two FISCAL IMPACT: The recommended amount of this change order exceeds the amount included in the current budget for this project. Therefore, approval of a budget amendment is requested whereby funds in the amount of $168,100.00 will be transferred from the reserves of Fund 195 to the appropriate expenditure category for this obligation. Funds in the amount of $3,980,100.00 are available in the reserves of Fund 195. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve Change Order No. 1 (C) to Contract No. 97-2771 and authorize closeout of the contract. 2. Approve the necessary budget amendment for this obligation. 3. Authorize the PWED Director to execute the change order. SUB MI TTED BY: arold E. ~Iuber, Project Manager III Public Works Engineering Department ~l~ff Bibby, P.E., Director Public Works Engineering Department APPROVED BY:~ Ed Ilschner, Administrator Public Works Division Date: Date:/D/2. ~/~ HEH.Ih attachment Jon C. Staiger, Ph.D., Natural Resources Manager, City of Naples Beach Renourishment/Maintenance Committee C.B.E. Trucking Company, Inc. NOV 2 3 1999 PG. C~ CHANGE ORDER TO: C. B. E. Trucking Company, Inc. 3994 Mercantile Avenue Naples, FL 34104 FROM: Collier County Government Public Works Engineering Department 3301 East Tamiami Trail, Bldg. H Naples, Florida 34112 Project Name: Removal of Non-Specification Material from the Naples Beach Construction Agreement Dated: February 24, 1998 Bid No.: 97-2771 Change Order No.: 1 (C ~ Date: October 12, 1999 Change Order Description: The purpose of this Change Order is to provide appropriate compensation for additional work as directed by the Owner and performed by the Contractor on the subject project. Such shall be as contained in the Summary of Recommendations attached hereto. Original agreement amount ..................................................................... $ Sum of previous change orders amount ................................................... $ This Change Order Amount .................................................................... $ Revised Agreement Amount ..................................................................... $ 99,982.00 350,000.00 168,054.93 618,036.93 Substantial Original contract time in calendar days .......................................... 40 Adjusted number ofealendar days due to previous change orders 434 This change order adjusted time is 64 Revised Contract Time in calendar days ........................................ 498 Final 45 439 64 503 Original Notice to Proceed date ......................................................... Completion date based on original contract time ................................. Revised completion date ................................................................... March 16, 1998 April 30, 1998 May 05, 1999 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. Prepared by: Harold E. Huber Date: PWED Project Manager III Recommended by: Michael T. Poff, P.E. Date: Design Professional (sign and print or type name) Accepted by: Robert E. Cadenhead Date: Contractor (sign and print or type name) Approved by: Date: Jeff Bibby, P.E., PWED Director (Fo~ Use by Owner: Fund: 195 Cost Center: 110406 Object Code: 634999 G:~Forms\Change Order Master.doc Revised 02/03/98 Change Order C.B.E. Trucking Co. Pr~No.: ~ ZT~n x I Nov i ~' CONTRACT NO. 97-2771; FINAL CHANGE ORDER SUMMARY OF RECOMMENDATIONS REQUESTED RECOMMENDED DESCRIPTION AMOUNT AMOUNT A. Basic Services $100,424.84 $98,247.12 $37,625.70 $3,059.00 C. Additional Testin $9,738.20 $8,314.50 D. Increased Work Limits South of Pier $4,434.00 $00.00 E DELETED $00.00 $00.00 F. Increased Work Limits North of Pier $55,967.58 $48,107.79 G. DELETED $00.00 $00.00 $66,821.90 I. DELETED $00.00 $00.00 J. Environmental Window Extension $14,452.50 $00.00 K. Salvage Value of Material $9,620.00 $9,620.00 TOTALS .... $299~084.72 $168,054.93 HEH.Ih. 9.30.99 1999 EXECUTIVE SUMMARY A REVIEW OF OPTIONS IN REGARDS TO PROVIDING NEUTER/SPAY AND VETERINARY MEDICAL ATTENTION IN CONJUNCTION WITH THE NEW DOMESTIC ANIMAL SERVICES BUILDING OBJECTIVE: To determine if a change is desired in the current methods for providing neuter/spay and medical services within the Domestic Animal Services (DAS) Department. CONSIDERATIONS: The County currently has a contract with Professional Building Systems, Inc., (PBS) for the construction of a 30,000 square foot Domestic Animal Shelter and administrative office. The building is a structure designed around an operation that is similar to that of today. The current system for neuter/spay operations focuses on the animals that are adopted. The adoption fee of $35 per dog and $30 per cat includes an initial physical and a neuter/spay operation at the local veterinarian of the adopteds choice. 85% to 90% of the roughly 1,000 animals adopted from the County are sterilized through this system. In the new facility it is planned to have each adopted animal transported to the vet of the adopter's choice prior to the animal being released. This system will provide 100% compliance. While there may be some additional cost, the animals can be transported by Animal Control Officers as they cover the County. There is also an interest in having the County provide a Iow cost public neuter/spay clinic from its new facility. There are relatively few counties that do provide such public clinics. The volume of anticipated public business would likely only be sufficient to provide the service on a one day per week basis. Such a service could be provided through contract with a local existing veterinary clinic. There are, however, over thirty-five local licensed private vets available to provide sterilizations for the public. These vets are also then available to provide medical support should there be medical complications and can also provide the on-going medical care for the pet. Further, the County's pet licensing program sells approximately 95% of its total licenses through area veterinarian offices. Opening a Iow cost neuter/spay clinic would in effect compete with area private vets. Lastly, there is a concern regarding the medical attention that is provided to the animals impounded by the Department. The current system requires that staff and/or volunteers, neither who have formal medical training, to make decisions as to whether an animal will or will not be sent to a veterinarian. While the budget for medical services and medicines has increased by 500% (from $2,000 to $10,000) over the past five years, there are obvious shortcomings with this system. NOV 2 3 1999 | While the County has a very high adoption rate of 21% of the animals impounded, it must be noted that of the 6,000 animals impounded annually, roughly 3,500 are euthanized. VVhile it is anticipated that impounded animals will be able to be held longer for possible adoption, County Ordinance requires that impounded animals be held for only five days. Should the Board want to provide improved medical care for impounded animals, three options are provided for consideration: Improved Existing Process - Through the area Veterinarian's Association, the County would develop a volunteer medical director position similar to that within the EMS Department. Staff would be provided with training that could extend to the administration of medications for heart worm and ticks for each animal impounded, or obtaining blood and fecal samples for each. Estimated cost- $60,000. Contracted Veterinary Services - A contract or rotating contract with one or more local vets may be implemented to provide daily or regular medical attention on site. Modifications to the existing building design which would not alter the current foot print would be recommended. A vet could visit the DAS facility and provide the number of hours necessary to see each animal brought in. It would still be the recommended policy that injured animals be treated to relieve pain. Due to limited space in the current facility and the time required to bid this option, it is recommended that implementation would coincide with the opening of the new shelter. Estimated Cost- Capital - $25,000; Operating $112,500 In-house Vet - A vet could be hired part time to provide medical attention to the impounded animals. It would still be recommended that minor modifications be made to the existing building floor plan to accommodate this. The estimated capital cost is $128,000 and the annual operating expense for hiring a part time staff veterinarian is estimated to be $185,000. It would be staffs recommendation that: The concern regarding the neuter and spaying of adopted animals be addressed as planned. This system which will cost little and will ensure 100% compliance for all animals adopted from the County. 2. There be no public neuter spay clinic provided by the County, and That improved medical services be provided through modifications to the current building design and contracting with a single or rotating series of local veterinarians. GROW'rH MANAGEMENT IMPACT: There is no growth management irnn~e.t. ,,,.,, ,-,-,~ -- associated with this item. AGE~..~.~ ~=M No.- r'~ '-~'J __ 1999 FISCAL IMPACT: As indicated above, the fiscal impact will vary depending on which of the options, if any, is selected by the Board. Any additional funding would need to be transferred from County-wide Capital Projects fund 301 Reserves, and additional operating expenses in subsequent years would need to be supported by the general fund (001). RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS direct staff to modify the existing building design to accommodate a contracted veterinarian, and direct staff to prepare an RFP for one or more local vets to provide enhanced medical treatment for the animals impounded through the Domestic Animals Services Department. I Prepared byi-.... \~:~z.-a~~ Thorn's Wi blliff, P~'~ Services Administrator EXECUTIVE SUMMARY ADOPTION OF A UNIFIED LOCAL MITIGATION STRATEGY FOR COLLIER COUNTY AND ITS MUNICIPALITIES OBJECTIVE: To adopt the attached Resolution approving the Local Mitigation Strategy for Collier County. CONSIDERATION: The United States Department of Energy and the Federal Emergency Management Agency, in partnership with the Florida Department of Community Affairs (DCA), authorized funding for the development of a unified local mitigation strategy for Collier County and the three municipalities. A Local Mitigation Strategy Working Group was formed with members representing Collier County Government, Everglades City, the City of Marco Island, the City of Naples and the Big Cypress Basin of the South Florida Water Management District. The Working Group met bi-weekly for the past 16 months to develop a mitigation strategy according to the Scope of Work guidelines established by DCA. The attached "Local Mitigation Strategy" represents the fruits of our labor during the past 16 months. In addition to obtaining approval from the three municipalities, we have sought input from local businesses, churches, professional associations, the health care industry, schools, condominium associations, mobile home parks and rental properties as well as other local government agencies. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached resolution adopting the unified Local Mitigation Strategy for Collier County. SUB MITTE~gen cyDadt~a~eem e-~)ir~ct o r APPROVED BY: [ _ ' Date: //-/~ ' MiChael A. McNees, Assistant County Administ 'ator AG£1~A_ RESOLUTION NO. 99 - 'RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE UNIFIED LOCAL MITIGATION STRATEGY WHEREAS, the United States Department of Energy, the Federal Emergency Management Agency and the Florida Department of Community Affairs have made funds available for a statewide Mitigation Strategy; and WHEREAS, Collier County accepted an Agreement with the State of Florida Department of Community Affairs to develop a county-wide Mitigation Strategy; and WHEREAS, post-disaster funding will be received more quickly by pre- identifying mitigation projects; and WHEREAS, communities with a mitigation strategy will be entitled to receive Hazard Mitigation Grant Program funding; and WHEREAS, substantial savings will be realized because the costs of mitigation are less than the costs of recovery and rebuilding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Local Mitigation Strategy attached as "Exhibit A" is hereby adopted. This Resolution adopted after motion, second and majority vote in favor of adoption this day of ,1999. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Pamela S.. Mac'Kie, Chairwoman Approved as to Form and Legal Sufficiency: Thom~as C. Palmer Assistant County Attorney N 0 V 2.3 1999 OBJECTIVE: To appoint 2 regular members and 2 alternate members to serve on the Collier County Code Enforcement Board. CONSIDERATIONS: This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Mr. Dyrel Delaney (regular member) and Mr. Fred Mueller (regular member) resigned their positions on this board. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Peter Lehmarm (alternate) Diane Taylor (alternate) Darrin M. Phillips Kathryn M. Godfrey Engineer 5 yes Code Enforcement Board Citizen 5 yes Code Enforcement Board Attorney 4 yes none Business 5 yes none COMMITTEE RECOMMENDATION: Quasi Judicial Board - no recommendation. NOTE: Peter Lehmann and Diane Taylor are currently serving as Alternate members and would like to be considered as regular members. If Mr. Lehmann and Ms. Taylor are appointed as regular members the Board would have to replace them with new Alternate members and the suggested appointments would be as follows: Peter Lehmann - regular member, term expiring 02/14/00 plus an additional 3 year term expiring on 02/14/03. Diane Taylor- regular member, term expiring on 02/14/02. Darrin M. Phillips - alternate member, term expiring 02/14/00, plus an additional 3 year term expiring 02/14/03. Kathryn M. Godfrey - alternate member, term expiring 02/14/01. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 4 members to the Collier County Code Enforcement Board; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: NOVEMBER 23, 1999 AGENDA ITEM Memorandum To: From: Date: Subject: Sue Fiison, Administrative Assistant Board of County Commissioners Michelle E. Arnold, Code Enforcement Director November 1, 1999 Candidates for Code Enforcement Board Vacancy The resumes for the applicants listed below were reviewed and these meet the Code Enforcement Board Ordinance No. 92-80, general classification requirements in the following categories: NAME CATEGORY Peter Lehmann Diane Taylor Darrin M. Phillips Kathryn M. Godfrey Engineer Citizen Attorney Business If you need further assistance, please advise. MEA/mc Code Enforcement Department Community Development & Environmental Services Division .-.. Collier County Code Enforcement Board - North Name Work Phone ,4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Diane Taylor 3760 Golden Gate Blvd, E. Naples, FL 34120 District: 5 Category: ALTERNATE/Civic Assoc. 353-9444 02/23/99 02/14/01 2 Years George P. Ponte 565 Augusta Boulevard, Apt. 10 Naples, FL 34113 District: 1 Category: Retired CBS Employee Dyrel Delaney (e5~,~. q.~q, 427 Heron Avenue 'q' Naples, FL 34108 District: 2 Category: Realtor 793-1370 594-1783 02/18/97 02/14/00 3 Years 02/10/98 02/14/99 1 Year 2/23/99 02/14/02 3 Years Rhona E. Saunders 3770 Parkviexv Way Naples, FL 34103 District: 4 Category: Realtor/Business 434-9230 02/23/99 02/14/02 3 Years Clifford Wesley Flegal, Jr. 292 Baltustrol brive Naples, FL 34113 District: 1 Category: REGULAR/Realtor 774-9674 06/03/97 02/I 4/00 3 Years 2/10/98 02/14/01 3 Years Mireya Louviere 5780 10th Avenue, S.W. Naples, FL 34116 District: 3 Category: Business Fred Mueller 765 Willow Brook Drive, #1501 Naples, FL 34108 District: 2 Category: Realtor 3534334 07/19/94 02/14/97 3 Years 2/18/97 02/14/00 3 Years 261-1551 02/18/97 02/14/00 3 Years Monday, March 01, 1999 Page I of 2 NOV 2 3 1999 Collier County Code Enforcement Board - North Nam~ Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Roberta Dusek 1635 Windy Pines Drive Naples, FL 34112 District: 1 Category: Realtor 774-2428 02/10/98 02/14/00 2 Years 261-1111 7/28/98 02/14/01 3 Years Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 District: 5 Category: Alternate 566-8311 10/06/98 02/14/00 2 Years This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Two alternate members were approved by Ord. 96-78 on 12/3/96. FL ST,4 T: 162 Staff: Michelle Arnold, Code Enforcement Director:: 403-2413 Monday, March 01,~ 1999 Page 2 of 2 NOV Z 3 1999 MEMORANDUM DATE: October 4, 1999 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistm~t 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. CODE ENFORCEMENT BOARD COMMISSION DISTRICT RECEIVED OCT 0 6 199S Board of County Commiss~oner~ Peter Lehmann 67 Johnny Cake Drive Naples, FL 341 I0 Diane . .. Taylor 3760 Golden Gate Boulevard, E. Naples, FL 34120 641 Jacana Circle Naples, FL 34105 Kathryn M. ~e~5* 630 18~ Avenue, N.E. Naples, FL 34120 Thank you for your help. NOV 2 3 1999 MEMORANDUM DATE: TO: FROM: October 5, 1999 Michelle Arnold, Code Enforcement Director Sue Filson, Administrative Assistant Board of County Commissioners Collier County Code Enforcement Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Peter Lehmann 67 Johnny Cake Drive Naples, FL 34110 Diane Taylor 3760 Golden Gate Boulevard, E. Naples, FL 34120 Darrin M. Phillips 641 Jacana Circle Naples, FL 34105 Kathryn M. Godfrey 630 18th Avenue, N.E. Naples, FL 34120 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 A~D.A~.ITEN NO. _/_.~,2._~_ 'VE.E L E HMA NN & ~4SSOCL,I TES, INC. Construction Consultants ~OOCornmercial / Re,iden#al / butustrial ProJect Management / Construction Supcr~tston / Co~aract ~dmtntstratton Product D~elopment / lnspecOon Se~ices / Conx~ction Ltt~ga#on 41 O0 Corporate Square, Sufle 127 Naples, Florida 34104 Tel.(P41) 659-1503 Fax. 659-1304 FACSIMILE TRANSMISSION To: Re: Ms Sue Filson, Administrative Assistant From: BOARD OF COUNTY COMMISSIONERS Fax No.: 3301 Tamiami Trail East, Naples, FL 34112 Date: Fax: (941) 774-3602 No. Pg. Application for Advisory Committee Position Permanent Member Vacancy COLLIER COUNTY CODE ENFORCEMENT BOARD Peter Lehmann, Consultant 9112/99 Currently an Alternate Member of the CoMer County Code Enforcement Board, I desire to upgrade my position to that of Permanent Member pursuant to the vacancy referenced in the September 10, 1999 Press Release. Please consider this transmission as formal application for the above referenced position with term expiring on February 14, 2002. if further information or action is required for proper filing of this application, please notify me immediately. I thank you and the Board of County Commissioners for your consideration. Sincerely, Peter Lehmann NOV Z 3 1999 IO'd ~0£I6S9 ~6 '~NI ' 'OOSSU~NNUNH~q Nd ~g: :0 NOW 66--£l--8~S ~SEP--50-99 THU 12 ~$4 PM LEHMANN&ASSOC. · INC. 941 6591~04 P. 01 LEHMANN & YlSSOCL4 TES~ INC. Com#:erc,al/Re$1dential/lndtatr~al ~CE~V ~100 Corporote Sq~re, Suite 127 Projecl M~agement / Const~ctton S~e~Ysion / Contract Admtnts~atmn Napier, ~orida 34104 Pr~uct Development~Inaction Se~ices/ Cons~ctmn ~tigali°~V ~ ~ ~41) 659-1303 Fax. 659-1304 FACSIMILE TRANSMISSION To: Re: Ms Sue Filson, Administrative Assistant From: BOARD OF COUNTY COMMISSIONERS Fax No.: 3301 Tamiami Trail East, Naples, FL 34112 Date: Fax: (94t) 774-3602 No. Pg. Application for Advisory Committee Position Permanent Member Vacancy COLLIER COUNTY CODE ENFORCEMENT BOARD Peter Lehmann CEB-O03 9130199 Pursuant to our recent discussions, I forward herewith copy of my current resume for inclusion with my 9/12/99 Application for Permanent [Regular] Membership to the Collier County Code Enforcement Board. Please effect inclusion of the attached resume in documentation submitted to the County Commission for Board review. If further information or action is required, please notify me immediately. I thank you and the Board of County Commissioners for your consideration. A~A ITEM~ NOV 2 3 1999 ~--50--99 THU 12:$5 PM LEHMA~&A~$OC. ~ I~. 941 6591~04 LEtt? 4NN & ASSOCIATES, INC. Construction Consultants Commercial~ Residential / Industrial Project Management / Conxtntcfion Supervision / Contract ,(dministratlon Product Development/Inxpection Services / Permitting / Construction Litigation 4100 Corporate Square, Suite 127 Naples, l~orida $4110 l'et: f941) 559-1505 Key Personnel Peter Lehmann, President Mr. Lehmann is licensed in Engineering, General Contracting, and Building Code Administration. He has extensive knowledge of engineering principles, construction management, governing codes and standards, inspection procedures, building condition assessments, and defect claim analysis. He is proficient in Contract Administration and handles Construction litigation, Project Management, Construction Supervision and Construction Inspections. Peter has been a supervisor of engineering, inspection, construction and QC activities for $300+ million commercial, industrial, and residential construction in domestic and international markets. He is President ofLehmann & Associates, Inc., a consulting fu'm specializing in residential, commercial, and industrial construction related issues of construction litigation, defect claim analysis, expert w/mess testimony, inspection services, project management, construction supervision, project design & development, value engineering analysis, and construction training. As production manager for a national homebuilder, he was responsible for management of corporate operations inclusive of land development, product design & development, sales & marketing, and construction activities. Peter was VP Construction / QC for U.S. Home Corp. and Managing Director for commercial and residential construction and quality assurance activities. Working for an engineering consulting firm, he had project management responsibility for a broad range of engineering projects including residential, commercial, and industrial planning; forensic engineering and inspection services; construction litigation; contract administration; procurement; and government liaison. Peter is a Registered Professional Engineer Intern, in the State of Florida, a Certified Building Official w/th the Council of American Building Officials, and a State Certified General Contractor for the State of Florida. He has been a member of the Council of American Building Officials, Collier Building Industry Association, Lee Building Industry Association, Southern Building Code Congress Int'l, National Society of Professional Engineers, American Society of Civil Engineers, and the Florida Engineering Society. AGENDA ITEM NOV 2 3 1999 ,, NOV 2 3 1999 ~._ /? 09/17/99 13:37 9941 262 7144 LAW OFFICE ~001/002 Darrin M. Phillips, 350 Fifth Avenue South, Suite 200 SEP 1 7 1999 Naples, Florida 34102 Telephone (940 262-7748 80~ of Count~ Coaats$~oners Facsimile (940 262.7144 FAX TRANSMISSION COVER SHEET Date: To: Fax: Subject: Sender: September 17, 1999 Sue Filson 774-3602 Darrin M. Phillips, Esq. YOU SHOUI..D RECEIV£ Y.."' PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (941) 262-7748 Comments: This messasc is intended only for the u,e of the individual or ~t~ty to which is ~lclrc~.~xt, and may contain inlbtmation that is privileged, confidential mad exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, dism'bulion or copying of this communication ia s~-icfly prohibited. If you have received this communication in error, pl=,~:~ notify us immediately by telophone and return the original message to us at thc above address via the U.S. Postal Sm-vice. Thank you, NOV'2 3 1999 09/17/99 ~3:37 ~'94~ 262 7144 LAW OFF~CE ~002/002 DARRIN M. PHILLIPS, P.A. ATTORNEY AT LAW suri']~ 200 3~o FIF'II-I AVENUE SO~ .NAPL£S~ FLOKII)A 34102 (~4~) FAX (94~) ~.il Drod303 0(~aol.eom September 17, 1999 VIA FAX TO 774-5602 Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 Arm: Sue Filson Re: Code Enforcement Board Dear Ms. Filson: Please be advised that I would like to submit my name for consideration on the upcoming appointment to the Code Enforcement Board. My legal practice involves matters of real property use and related issues and as such, my background and experience makes me an excellent candidate to Ell any vacant positions on the Code Enforcement Board. Should you reqmre any references, please contact Robert P. Meister, President, Gui/Coast Construction, Inc., at 941/262-8565. Also, my home address is as follows: 641 Jacana Circle Naples, Florida 34105 Thank you for your consideration. DMP/ DAIIRIN ~ PHIl. LEI'S, ATTOI~.NKY AT LAW NOV 2 3 $~p-30-99 Ol:3gP P.O! RECEIVED Sep;ember 30~h., 1999 Ms, Kathryn M, Godfrey 530 18th. Avenue N.E. Naples, Florida 34120 (941)348-9645 - Pager 59]-9608 SEP 3 O 1999 ~oard of County Co~a,tssioner's Board of Collier County Commissioners 3301 East Tmmiami Trail Naples, Florida 3411204977 Re: Code Enforcemsnt Board Dear Ms. S Fi]son; Please accept my application for consideration regarding the Code Enforcement Board, As you are aware, that I had been appointed ghe The Code Enforcemcn£ Board South mn March 4th. ]998 until the South Board was "Sunmhined" on February 12th. ]999. During that appointment I did not miss one hearing. During my active employment with I.B.M., I took various Electrical Eng. Courses. 1 was also very active in the bui].d~ng of my first h~me. Therefore, I have considerable experience in the area for which I am applying. Respectfully submitted, NOV 2 3 1999 q;~-30-gg 01:39P P.02 ~. Kathr3~n M. Godfrey 530 18th. Avenue N.E. Naples, Florida 34120 (941) 348-9645 - Pager 591-9608 (w) 436-515! Born: W~chita, Kansas August 24th, 1948 )~artial Status: Engagmd Education: Private Schools until Senior Year. Graduated W~chita High West. 1.B.M. Courses- Electrical Engineering (minor) Wake Tech. Community Coil. MS-DOS, Lotus 1-2-3, Typing. Employment: 1972 Legal Secretary & RecepLtonist. 1972 - 1976 New York Undergrotmd Facilities. Mm×. Security Records Facility. Permonal Aid to CEO/President 1977 - 1978 Temp..Employee I.B.M. Corporation, Purchasin~ Dept. 1978 - 1994 Perm. Employee I.~.M. Coprora£ion, M.D.C. Security. 1994 - 1998 Retired to Naples. 1998 - Present time. Naples Community Hospital Emergency Room. 2nd. Shift. Community Activities: Naples Community Hosp. Aux. February - July hired on, 1998. Code:f Enforcement Board South - Sunshined February 12th. 1999 Radio Road Beautification Comm. Resigned August home sold. No longer in district. On various Committees in the Cmmmunity. Recreation: Raise Orchids, Cardening, ~oatlng, Art, suu]pting, Cooking, Fishing. NOV 2 3 1999 APPOINTMENT OF MEMBER (S) TO THE COLLIER COUNTY AIRPORT AUTHORITY OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms on the Collier County Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility, for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority. shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least I member of the Authority. appointed from each of the communities of Immokalee, Marco Island. and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 .Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. Richard W. Anderson resigned on September 30, 1999 and Mr. Nlichael Williams resigned on October 12, 1999, leaving 2 vacancies on the Airport Authority. A press release was issued and resumes were received from the folMwing 8 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert E. Doyle, Jr. Legal/EDC/Pilot 2 yes none James Earl Hall Education/Pilot 2 yes none Frank Barickman Engineering 5 >'es none Richard A. Matheis Business/Pilot 4 5. es none Thomas F. Walsh Real Estate 4 yes none Charles Krout, Jr. Consulting/Military/PilotI yes none Karl H. Geng Computer Engineering I yes none Business/Pilot George W. Barron, Sr. Financial/Planning 4 yes none COMMITTEE RECOMMENDATION: NO RECOMMENDATIONS. NOTE: One appointment would expire on August 10, 2001 and the other appointment would expire on August 10, 2003. FISCAL IMPACT: NONE GRO'WTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment; appoint 2 members to fulfill the remainder of vacant terms; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners NOVEMBER 23, 1999 AOENDA ITEM NO. l OV 2 3 1999 A:"port Authority Work Phone Name Home Phone Richard W. Anderson r~,~t~ ~,~d. ~1.~ ~'~ °~ P.O. Box 337 657-3087 Immokalee, FL 34143 District: 5 Category: Military/Aviation ~lppt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term 08/26/97 08/10/01 4 Years Herbert H. Noren 133 Estelle Drive Naples, FL 34112 District: 1 Category: Aviation 695-2815 11/05/96 08/10/99 3 Years 09/14/99 08/10/03 4 Years Ernest Spinelli 106 Tuscans Court, #703 353-4138 Naples, FL 34119 District.. 3 Category: Aixport/Engineering Michael Williams P.O. Box 413005 - 334 Pirates Bight ~56-3374 Naples, FL 34101 District: 4 Category: Marketing/Logistics MGMT 08/10/93 08/10/97 4 Years 08/26/97 08/10/01 4 Years 08/10/93 08/10/95 2 Years 09/14/99 08/10/03 4 Years Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 District: 4 Category: Aviation 263-3444 09/08/98- 08/10/99 1 Year 09/14/99 08/10/03 4 Years Stephen L. Price Highway 29, South Immokalee, FL 34142 District: 5 Category: Pilot/Businessman 657-3171 08/10/93 08/10/97 4 Years 08/26/97 08/10/01 4 Years Thursd~, Sel~ber 16, ~999 Page I of 2 AGEND.~ J j-El2:, Name Monte Lazarus 785 Birch Court Marco Island, FL 34145 Distr~ct: 1 Category: Attorney Airport Authority Worl~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndEx~Date 2nd Term 02/15/94 08/10/97 3 Years 3944104 08/26/97 08/10/01 4 Years This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. FL S~"AI': 330 & 333 S/afl: John Drury, Executive Director, Airport Authority: 642-7878 Thunttay, Setni.~.~ 16, 199.9 AGENDa NOV Z 3 1999 TO: FROM: RE: DATE: COLLIER COUNTY Al RPORT AUTHORITY MEMORANDUM Sue Filson, Administrative Assistant Board of Coumy Conunissioners John II. Drury, A.A.E., Executive Director Collier County Airport Au~ority November 2, 15199 All applicants for the vacancy on the Airport Authority Board appear qualified. NOV 2 3 1999 IO'd dOg:£O 66-£0-^0x filson s From: Sent: To: Subject: drury_j Friday, November 05, 1999 2:55 PM filson s Airpo~ Authority Areas of Expertise: Robert Doyle: Legal/EDC/pilot James Hall: Education/pilot Frank Barickman:Engineering Richard Matheis: Business/pilot Tom Walsh: Real Estate Charles Krout: Consulting/military/pilot Karl Geng: Computer Engineering/Business/pilot Page 1 NOV 2 3 1999 pg...~'- · M E M O RAN D_U_M DATE: TO: FROM: October 29, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assistan~/ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's authorities. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT Robert E. Doyle, Jr. 3201 700, Street, S.W. Naples, FL 34105 James Earl Hall 216 Viking Way Naples, FL 34110 Frank Barickman 11035 Linnet Lane Naples, FL 34119 Richard A. Matheis 203 Bahia Point Naples, FL 34103 Thomas F. Walsh 525 Fairway Terrace Naples, FL 34103 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Karl H. Geng 695 Embassy Court Marco Island, FL 34145 AIRPORT AUTHORITY COMMISSION DISTRICT George W. Barron, Sr. 5025 Marina Cove Drive, #101 Naples, FL 34112 Thank you for your help. ' P.02 N~Jv-O4-gg O1 :BEEP P.~GE 01/~1 ~1; 47 9~25~5092 WI LLI~'4S 10/12I~999 Michael Williams 334 Pirates Bight, Naples FI 34103 PH 941-261-4981 FAX 941-261-5092 E.mail Trish4~Mindspring.eom October 12, 1999 .Ms. Para .Mac'/Cie Chairperson Collier County Commission 330! Tamiami Trail Naple,, FI 34112 Dear Ms. Mac'Kic, It/s with regret that I must resign from The Collier County Airport Authority. I have declared my candidacy f~r a seat on the .Naples City Council which necessitates thl~ aet~olL It hss been a privilege and a pleasure to have served since its inception over 6 year~ ago and I appreciate your reappointing me recently. I would be remiss in not acknowledging the enormous contribution that John Drury has made to the airports and The Authority.. His hard work and dedication have made a major difference. Michael William:~ NOV Z(~999 P~. t ~:~v-04-99 OI:41P Rev. Richard W. Anderson 100 Oxbow Dr. D-20 I I.abelle, FI 33935 until 30 Sept. 99 Chaplain I Lt. Richard W. Anderson 37 SVS/SVML l,ackland At;B, Texas 78236 after 30 Sept. 99 P .02 Mr, John H. Drury, AAE Collier County Airport Authority 2003 Mainsail I)rive Naples, FI 34114 13 Sept. 99 Dear John: It is time to say good bye. Good bye. I hereby formally resign I¥om the Collier County Airport Authority Board ell'ective 28 Sept. 99. ! have accepted a position with thc US Air Force as a full-t/me chaplain. Thc Air Force has decided to send my family and me to Lackland AFB in San Antonio, Texas where I will minister to airmen who arc going through technical training. It is an exciting time lbr my family and mc. These lasl two years on the Board have been excellent oncs. We have accom- plished a lot and I am pleased to say that I have had a small role in lhis. Alt three airtxms -Marco Island Executive, Everglades Airpark, and lmmokalec Rcgiona} are doing well with the promise of great things to happen in the future. Who on thc Board could not be proud of what has happened under our watch. John, I'd like to say that your leadership has been excellent. You think 'outside the box' when it comes to planning and problem solving and this is to bc admired. One of the things that great leaders do is they surround themselves with exccllcnl people. You do this. You then take thc next ~ep in empowering them to do the mission they arc supposed to do and then you hold them accountable for their actions. Great leaders also do this. John, thanks Ibr not being just another government bureaucrat who is trying to protect his turf. 1 leave this Board with a better understanding of what true public service is. It literally means putting others before self. This will serve me well in the Air Force. What a.joy' it has been to be a part of something great ! Let me close with this benediction: "May the peoc'c o/(;od. ~vhic.h pa.Yse.~' all under.~'tanding, guard your heart,s' and minda' in (..'hri~'t ,]ea'u,~... Now unt~ our ( ;od and l,ather he the glory forever and ever. Amen." Your in HisS, el'vice, ~chard W. Anderson Chaplain 1 Lt.-USAF NOV Z 3 1999 I0 MEMORANDUM DATE: TO: FROM: October 29, 1999 John Drury, Airport Authority Executive Director Sue Filson, Administrative Assistan~ Board of County Commissioners ~x,.~ J ~ Airport Authority As you know, we currently have 1 vacancy on the above-referenced authority. 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: Robert E. Doyle, Jr. 3201 7ffh Street, S.W. Naples, FL 34105 James Earl Hall 216 Viking Way Naples, FL 34110 Frank Barickman 11035 Linnet Lane Naples, FL 34119 Richard A. Matheis 203 Bahia Point Naples, FL 34103 Thomas F. Walsh 525 Fairway Terrace Naples, FL 34103 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Karl H. Geng 695 Embassy Court Marco Island, FL 34145 George W. Ban'on, Sr. 5025 Marina Cove Drive, #101 Naples, FL 34112 Please let me know, in writing, the recommendation for appointment to the authority 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 / · ZCT 29 1999 11:35 FR QUARLES - BRADY LLP 941 434 4998 TO 9??43602 P.01/04 Sui;e :M)O Auorn~; at Law in 4501 North Tamiami Trail Milwaui~ and Madison, Naples. Florida Wiscomin 941/262-5959 West Palm Beach and FAX 941/434-4999 Napi~. Florida Phoenix, Arizona ChicagO, Illiuois RECEIVED ,7,.;? 2 9 1999 Board of County Commissioners TELECOPI~R COVER PAGE DATE: Friday, October 29, 1999 TI]ViE: 11'13 am. P~.EASE DELIVER THE FOLLOWING PAGES TO: NAME: FIRMYCOMPANY: Sue Filson Board of County Commi_~iouers FAX NUMBER: ? 74.3602 FROM: Robert E. Doyle, Jr. MESSAGE: TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: TRANSMITTING FROM A PITNEY BOWES 9550 AUTOMATIC FACSIMILI~ MACHINE - (941) 434-4998 PROBLEMS: PLEASE CALL (941) 262-5959 THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATrORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY UNAUTHORIZED DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAV~ RE~ TI~S COMMUNICATION I~ ERROR. PLEASE IMMF.~IATELY NOTIFY US BY TELEPHONE AT (941) 2fi2-5959. THANK YOU. DIRECT DIAL: 434-4951 JSENT BY: ,}'ody L. Russell NOV 2 3 i999 , i · OCT 29 1999 11:35 FR QUARLES - BRADY LLP 941 434 4998 TO 9??43602 P.02×04 4501 Tmiami 1'rail No~ FAX 9,111434.,¢999 h~:/lwww,quBrles,com A~m~ at Law in Milwa.kee .nd Madison, West Pelto Beach and Naples, Rorida Ph~.~ Arizona Rot~rt E. D~le, Ir. Direct dial: ~41-434-4954 emaih red~luarl~,¢om October 29, 1999 ¥IA TELECOP~_.R 941-774-3602 Board of County Commissioners Att: Ms. Sue Filson 3301 East Tamiami Trail Naples, FL 34112 Dear Commi.~sioners: I would like to apply for the vacant position on the Collier County Airport Authority Board. Enclosed is a copy of my resume providing personal ~ professional information. I have a strong interest in aviation and in the economic development that our airports conlribute to in CoLlier County. If you nccd any additioual information, please do not hesitate to contact me. Sincerely, Robert E. Doyle, Ir. 1LED:jlr OBNAI~ 199076.1 NOV 2 3 1999 OCT 29 1999 11:35 FR QUARLES - BRADY LLP 941 434 4998 TO 9'7'743602 P.03/04 EDUCATION: Award ROBERT E. DOYLE, JR. 3201 70th St. SW * Naples, FL 34105 941-263-0929 - Home * 941-434-4954 - Office Stetson University, College of Law, I.D. 1975 -Moot Court (Outstanding Advocate) -International Academy of Trial Lawyers Distinguished Achievement George Washington University, B.A. 1970 Central Florida Junior College - Associate of Arts, 1968 Ocala High School, 1966 PROFESSIONAL: Board Certified Civil Trial Advocate, National Board of Trial Advocacy Quarks & Brady 1993 - -panner in the Naples office of a national law firm with offices in Naples and West Palm Beach, Florida, Milwaukee and Madison, Wiscomin, Chicago, Illinois and Phoenix, Arizona Asbell, Hains, Doyle & Johnson, P.A. -partner 1975 - 1993 Member of: The Florida Bar The American Bar Association (Construction Industry Forum Committee) Collier County Bar Association (former Director and Secretary) Florida Admitted to Practice before: The Florida Supreme Court U.S. Supreme Court U.S. District Courts, Southern (Trial Bar), Middle and Northern Districts of U.S. Court of Appeals, 5th and llth Circuits Florida Bar: Penal Systems Committee, 197%78 (Chairman of Subcommittee on Suvenile Penal Systems) Code and Rules of Evidence Committee, 1989-present (Chair 199. Rules of Judicial Administration Committee (1993-1994) I',~OV 2 3 1999 · OCT 29 1999 11:35 FR QUARLES - BRADY LLP 941 434 4998 TO 9??43602 P.04/04 I:~.R$ONAL: COMMUNITY: Trustees) Conn'nuing Education: The Harvard Law School Negotiation Project 1987 Lecturer, Young Lawyers Evidence Seminar, 1993 Program Chair, Florida Bar Advanced Evidence Seminar, 1992, 1993 CLE Credits of more than 60 hours since 1995 Adjunct Professor, Barry University Married in 1971 to Kris, an elementary public school teacher who holds a B.A. from Cabrini College and an M.A. from the University of Miami. United States Marine Corps Reserve, First Lieutenant 1971-76 FAA (Single Engine Land) Pilot License The Fillabelly Foundation, Inc. (Board of Directors, 1989-1997, President, 1993-94) Coalition to Feed the Hungry in Collier County (former Chairman) Moorings Presbyterian Church (Elder and tormer President of Board of Collier Building Industry Association (General Coun.~el) Greater Naples Little League (coach) Poinciana Elementary Parent-Teacher Organization (former Treasurer) Collier Build-PAC (Trustee) Economic Development Council (Director) ** TOTAL PAGE.04 ** To' Company: Fax num her: Business phone: From: Fax num her: Business phone: Home phone: Date & Time: Pages: Re: COLLIER COUNTY BOARD OF COMMISSIONERS +1 774-3602 JAMES E. HALL +1 (941) 598-9591 10/28/99 12:41:47 PM 5 BOARD OF DIRECTORS FOR AIRPORT AUTHORITY Please consider this as an application to serve on the Board of Directors for the Collier County Airport Authority. Attached is a cover letter and a copy of my resume (I hope). NOV 2 3 1999 I?_ To: Collier County Board of County Commissioners I reside at 216 Viking Way in Palm River Estates. I have lived in Naples since 1954 and worked with the Collier County Public School system when I retired with 30 1/2 years of service in July 1996. I have been interested in aviation since a child and finally found time in 1985 to pursue a Private Pilot license. Immediately I purchased an aircraft and fly as frequently as time permits. Although I live in Naples, I hangar the plane at the Immokalee airport. In recently conversation with John Drury I was informed that there is a vacant position on the Board of Directors for the Collier County Airport Authority. When the Collier County Airport Authority was formed I was serving as Principal of Everglades City Schools. At this time I was approached by personnel from Everglades City Hall requesting that I represent the Everglades City area and apply to serve on the board. Unfortunately I was very busy pursuing .two careers and had little time to devote to another position so I declined. Since I am now retired, I have considerable time to devote I would like to be considered for this position. Attached is a copy of my resume. Thank you for your consideration James Earl Hall 216 Viking Way Naples, FI (941-597-3475) NOV 2 3 1999 :..,._ C.~,TION. Florida Atlantic University DATA SHEET JAMES EARL HALL 216 Viking Way Palm River Estates Naples, FI 34110 Master of Education 1968 Administration and Supervision of Public Schools University of Southern Mississippi Bachelor of Science 1962 Health/Physical Education/Recreation Naples High School Graduate 1958 3,--_RTIFICATION: Administration/Supervision (grades K- 12 A/ORK EXPERIENCE: 1996 - Present Retired 1988 -1996 Everglades City Schools 499 School Dr E Everglades City, FI 1978 - 1988 Immokalee Middle School 508 North 9th St. Immokalee, fl 33934 1977 - 1978 Naples High School 1100 22n" Ave. N. Naples, FI 33940 975 - 1977 Lely High School 324 Lely High School Naples, FI 33941 1971 - 1975 East Naples Middle School 4100 Estey Avenue Naples, FI 33942 1968 - 1971 East Naples Middle School Principal Assistant principal Physical Education Teacher Assistant Principal Assistant Principa Physical Educatio~ NOV 2 3 1999 [ ~11..~1 1'[~1 4100 Estey Avenue Naples, FI 33942 1967-1968 Leave of absence for Graduate School 1966-1957 Seagate Elementary School 650 Seagate Dr, Naples, FI 33940 Physical Education Teacher 1962-1966 City of Ft. Myers Recreation Department Ft. Myers, FI Coach - Women's Gymnastic Team and Center Director ~,3MMUNITY INVOLVEMENT: Presbyterian Church member Served on Childbirth Education Association Board of Directors 2 terms 1978 - 1982 Formerly served as YMCA volunteer consultant to gymnastic program Formerly Optimist Club of Naples - member Formerly Lions Club of Everglades City Formerly member of Collier County Principals Association - Secretary/Treasurer 1981-1982 Florida National Guard - Retired at rank of Colonel Nov 1995 with 33 years of service As a member of the Florida National Guard I was called to active status for riot control on three occasions in Miami and once in Tampa. In addition I was activated for Hurricane relief on a number occasions as well as the Cuban Boat Lift in Key West. Since my Command had Capstone alignment to units in Puerto Rica and the Panama Canal I had several opportunities to train in these areas. Throughout my career with the Florida National Guard I served in various staff and command positions up through Brigade level. Listed below are Command and senior level positions held. 1992- 95 Commandant Colonel Florida Regional Training Center Camp Blanding Florida 1992 1988-92 Executive Officer Lieutenant Colonel Commander Lieutenant Colonel 227'h Field Artillery Brigade Tampa, FI 116th Field ArtillE Lakeland, FI N0V 2 3 1999 1986-88 1975 - 77 1971 -74 Operations Officer Lieutenant Colonel Commander Captain Commander Captain 227th Field Artillery Brigade Miami, FI "B" Battery Field Artillery Ft. Myers, FI "A" Battery Field Artillery Arcadia, FI MILITARY EDUCATION: 1987 1983 1982 1980 1971 1966 1964 Completed Command General Staff College Attended Brigae Staff Officer refresher course Ft. Sill, Oklahoma Attended Joint Fire Power Control Course Elgin Air Base - Pensacola, FI Completed Field Artillery Officer Advance Course Ft. Sill, Oklahoma Completed Field artillery Officer Basic course Ft. Sill, Oklahoma Completed Florida National Guard Officer Candidate School Camp Blanding FI Completed AlT Military Survey School Ft. sill, Oklahoma NOV Z 3 1999 pg. _ 'i?,'27/1999 18:22 9415667594 LONGSHORE LAKE FNDT PAGE 81 RECEIVED OCT 2 7 1999 Coun~:.v Naples FL 34119-8940 October 27, 1999 Ms. Sue Filson, Administrative As.~istant Bo~'d of Cotmty Commissioners 2301 T;,rm~ni Trml £as~ Naple~ FI 3~1112 F)eaI M.-,. Fi]son. Please acccpl ti'us lerte~ as an application to fill the vacancy on the Collier County Authod~.'. I am a re..nident of Collier County and have been for s~ plus yeats, and Bonita springs four ye,-,,rs befi.~te Prior to this ten years of~emement I was a winter visitor smc¢ 1980 My B S. de_me¢ in engmeenng came from Iowa State Uruve~sity, Ame~ DL, m 1951. For ~xat¢ years I owned and operated a farm in northern lllmoiz. Today I s~ll own the farm At present I have an active private pilct's license obtained tn 19a0. I hold a stn~ng, finn mtare.~r Tlu'mL~zh the ~'~. 60',. :0'$: and $0's I served on boards or'directors including .,,choot~; banks, vill,~..e, gram elevator, and a sm~ imuxance company. Filling this unexpit~xi tm-m would be a seriou~ oommiun~nt fo/me. Sincerely, Frank Banckxnan 11035 Lmct Lane Naples FL 34119-894o Phone 592-"920 [Longshore Lake] NOV 3 1999 Richard A. Matheis RECEIVED OCT 2 5 1999 Board of Co~n~,~ ~:omatsstoners tdephone: Nl-J&l-,123S October 26,1999 Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Attention: Ms. Sue Fi[son, Administrative Assistant Subject: Airport Authority Vacancy Dear Commissioners: As a result of the public notice regarding the existence of a vacancy on the County Airport Authority, I wish to submit my application for this position. Attached is a resume that I believe satisfies your needs for an evaluation of my qualifications. I can only add that, if selected, you can be reassured of my total commitment to performing in keeping with, or exceeding, your expectations. Yo ,ff ~'ery truly, · ei~s NOV 2 3 iBg9 RESUME NAME: Richard A. Matheis ADDRESS: 203 Bahia Point Naples, Florida 34103 ( have been a resident of Naples for 15 years) 'PHONE NUMBER: 941-261-3235 EDUCATION Garden City High School Garden City, NY Virginia Military Institute Lexington, VA - Electrical Engineering Lehigh University, Bethlehem, PA - Industrial Engineering BUSINESS BACKGROUND Throughout my business career I have been associated with The Trane Company in its sale and service of commercial and industrial air conditioning products. In the last 30 years I was its franchise holder for the exclusive sale of its products in eastern Missouri and southern Illinois. This business was sold to Trane four years ago. At that time my organization of 74 people had annual sales in excess of $20,000,000. In 1980 I started up a parallel business. This company handles air filtration products and is known as Ramair Products, Inc. One of my sons was switched from his budding career in banking to become this company's president in the 80's. Ramair today is the largest in its field in the state of Missouri. In 1982 an opportunity to become involved in the communications field presented itself- more specifically in two-way communication and telephone systems. This challenge was accepted, and fortunately so. It grew very rapidly and finally was sold to Nextel in 1994. 3 1299 At the beginning of 1995 I formed a company in Naples known as M A L Enterprises, Inc. This company has diversified interests, but its main thrust to date has been in the purchase and resale of small yachts - both motor and sail. AVIATION BACKGROUND My aviation experiences began as a member of the US Air Force during World War II. I was a bomber pilot/navigator. This particular experience came to a rather abrupt conclusion. Before I could finish my fifth mission over Europe I was shot down and spent the balance of the war as a POW. This was followed by several years in the Air Force Reserve flying out of Minneapolis. I continued to fly afterwards as a civilian, but not in a serious fashion until the late 60's when I decided my company should purchase a light twin aircraft so as to better serve our customers. As a result, I logged over 3000 hours of flying time. I no longer own an aircraft and fly tittle as a pilot. While a resident of St. Louis I was asked to join the Aviation Committee of the St. Louis Chamber of Commerce, to which I readily agreed. It was a wonderful and enriching experience. Amongst its 20 members there were many community leaders plus vice presidents of three major airlines, an active Air Force major general and directors of the city's two largest airports. This association lasted for almost 20 years, eight of which I served as the committee's chairperson. During my tenure in the chair I had the privilege and honor to have been selected by the St. Louis Chamber of Commerce as "Man of the Year". This was the result of the many accomplishments that our committee could point towards with pride. There were three in particular which I take personal satisfaction. 1.) In the 70's a plan was revealed by the mayor of St. Louis and the governor of Illinois to build a new and very large airport to serve the needs of St. Louis, and to replace the existing facility, but in Illinois, not Missouri. This immediately became a monstrous political battle that lasted for three years before being resolved. In the earlier stages the Aviation Committee, under my direction, hammered out a position paper covering a proposed solution to the controversy. This proposed position was adopted change by the membership of the C of C and, subsequently by]theAO~DfAITV-J~ I HO. 2 3 State of Missouri's Airpor, Authority. Eventually the paper served as the basis for the settlement of the political battle. 2.) Knowing St. Louis' rich heritage in aviation, it seemed to me the city should have an annual event recognizing a St. Louisan (not necessarily alive) for his contribution to aviation - and it should be named the Annual Spirit of St. Louis Award. Further, this honor should be bestowed during a dinner held during or close to the anniversary of Lindbergh's memorable flight over the Atlantic. This has now been a yearly affair for over 20 years. 3.) In the 70's and early $0's there was much aviation interest in the potential use of short landing and takeoff (STOL) aircraft. Several of us on the committee were particularly interested in the practicality of such aircraft operating as a commuter airline from the heart of downtown St. Louis and the downtown area of surrounding metropolitan areas, such as Chicago. To be able to explore this potential and, at the same time have St. Louis recognized world-wide as being on the leading edge of this possible breakthrough, I proposed a two-day international symposium on the application of STOL aircraft to commercial short haul flights between the downtown areas of major cities. The committee did an outstanding job. We had attendees from 17 countries - and the symposium itself was widely acclaimed by newspapers and aviation periodicals. Collier County and .Naples Baclc?ound Although I have maintained a residence in Naples for 15 years, I have been a full time and legal resident for but five years. During that time I have followed with great interest the developments at Naples Airport as well as the great strides being made by the airport system of Collier County. During the past three years I have been quite active in support of the Naples Airport as a member of its Noise Comparability Committee. I initially served as its Vice Chairman and, for the past year have acted as its Chairman. It has given me a great insight on aviation matters in our area, and provided much self- satisfaction as a result of our efforts to curb aviation related noise impact on the city and county. 2 3 1999 Since joining the Noise Committee, I h:'ve given freely of my time in every manner I could conceive, or as requested by the airport staff. I do not feel satisfied, however. My activities have been restricted by the very nature of my position. At this point in time I crave broader and more responsible activities relating to the aviation needs of my community. HOBBLES Golf, boating, scuba diving, fishing FAMILY Wife (Sandra) plus five adult children. Any additional information will gladly be furnished upon request. RAM alsh Real Estate Services, Inc. Purveyors of Naples Lifestyles RECE/VED OCT 2 6 1999 October 26, 1999 Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiam/Trail E Naples, FI 34112 Dear Ms Filson, I would like to submit my name for consideration for appointmem to the Collier County Airport Authority. Enclosed is my resume' and personal profile. It is my understanding that the currem vacancy is the term expiring on August 10, 1001. Please feel fi'ee to contact me at my office or home with any questions or comments that you may have. Broker/owner NOV 2 3 19S9 II Plaza Office Building 2900 14th St_. fll Suite 26 fllaples, Florida 34103 Jl 941-263-3012 After Hours 941-403.0209 Fax 941-263-6925 525 Fairway Terrace 941-403-0209 Naples, FI 34103 e-mail senwalsh@aol.com Thomas F Walsh To develop a personalized, comprehensive real estate service business 1998--Present Owner/operator FI. · Establish Corporation · Develop the marketing plan · Formulate olfice proceedure manual Walsh Real Estate Service Naples, 1995--1998 Bluebill Properties, Inc Naples, FI · Increased regional sales 15-20% annually · Managed 25 saJes associates · Implemented training course for new recruits -- speeding profitability. 1985-1995 Prudential F! Realty Naples, FI Sales Manager · Establish a new branch office - determine location, design office layout, purchase all ofr-K:e equipment furniture etc · Expanded sales team from 3 to 35 associates EDUGATION Interests HOBBIES 1978-1985 State of Ohio Columbus, Ohio Slate Senatm' · Sen/ed on ways and means, judidary, finandal institutions, public utilities, education corn~. Chaired local government and urban affairs 1963-1965 Michigan State University E. Lansing, Mich · Associate Degree Ornamental Horitculture · Real Estate Associate Program Malone College Canton, Ohio Local Government, Economic Development, Environment. Boating, camping, grandchildren Gardening, woodworking NOV 2 3 1999 , Page 2 REFERENCES: Personal and professional references are available upon request NOV 2 3 1999 Tom Walsh Profile Tom is a former State Senator l?om Canton, Ohio. While in the Senate, Tom served on the education, ways & means, judiciary, public utilities, prison inspection committees. He was Chairman of the local government, and urban affairs committee and was elected floor leader by his collegues as well as being appointed to the caucus policy committee. Tom, his wife Marcy and four children, have resided in Naples for the past 14 years. Tom has been marketing real estate here since his arrival. Formerly associated with Prudential Florida Realty and Bluebill Properties, he is currently president of Walsh Real Estate Services. Tom has been involved in the community through volunteering. He is served as a member oftheNaples Board of Realtors, Florida Assoc. of Realtors, and the National Association of Realtore. As an activie member, he has served on various committees and is presently serving on the ethics committee. Tom has been active in his church and various communty planning activities. More recently, he has served on the Economic Development Advisory committee which was created by a previous County commission to develop a comprehensive economic plan for Collier County. He served as vice-chairman for the duration of the committee's work. Contact: Tom Walsh 263-3012 Fax263-6925 email-Senwalsh~AOL.com NOV 2 3 1999 Tom Walsh Profile Tom is a former State Senator from Canton, Ohio. While in the Senate, Tom served on the education, ways & means, judiciary, public utilities, prison inspection committees. He was Chairman of the local government, and urban affairs committee and was elected floor leader by his collegues as well as being appointed to the caucus policy committee. Tom, his wife Marcy and four children, have resided in Naples for the past 14 years. Tom has been marketing real estate here since his arrival. Formerly associated with Prudemial Florida Realty and Bluebill Properties, he is currently presidem of Walsh Real Estate Services. Tom has been involved in the community through volunteering. He is served as a member oftheNaples Board of Realtors, Florida Assoc. of Realtors, and the National Association of Realtore. AS an activie member, he has served on various committees and is presently serving on the ethics committee. Tom has been active in his church and various communty planning activities. More recently, he has served on the Economic Developmem Advisory committee which was created by a previous County commission to develop a comprehensive economic plan for Collier County. He served as vice-chairman for the duration of the committee's work. Contact: Tom Walsh 263-3012 Fax 263-6925 email- Senwalsh~AOL.com NOV 3 1999 Charles Krout Jr. 8574 Mustang Drive Naples Florida 34113 (941) 7934525 Fax (941) 793-4128 E-Mail chask~mindsprlng, com October 20, 1999 Mrs. Sue Filson Administrative Assistant, Board of County Commissioners 3301 Tamiami Trail East Naples Florida 34112 ECEIVE .. 1999 Dear Mrs. Filson: This is my request for appointment to the Collier County Airport Authority I have a lifelong interest in Aviation. I also have a deeply seated pride in Collier County. That pride extends, in particular, to the success of the Airport Authority and I hope to be enabled to contribute to the continuance of that success. You may recall that I have previously made this request and received favorable comment from some Commissioners. I would like the opportunity to meet, personally, with each of the Commissioners in order that they become familiar with me, my qualifications, and the assets I can provide to the continued effectiveness of Collier County leadership. A brief resume is attached. Your questions are solicited. Thank you, Charles Krou?r.~~~//~ NOV 2,3 RESUME Charles Krout Jr. 8574 Mustang Drive Naples Florida 34113 (941) 793-4525 Fax (941) 793-4128 E-Mail chask~mindspring, com Born in Philadelphia Pa. Married Three grown children Four grandchildren Educated in Phila. public schools, University of Penna., Various Military and professional schools Veteran of United States Navy Trained as a Mechanical Engineer. Twenty Five years experience in Sales and Sale Management of Business Machines, Business Systems, Management Systems and Graphics. Fi~een years experience as CEO and sole stockholder of Sales Consultants, Southeastern Michigan and Sales Consultants of Oakland County Michigan both engaged in Executive Recruiting. Private Pilot (ASEL) FAA Certified Aviation Ground Instructor, Advanced, Instrument. Past President o£Bendix Flying Club, Troy Michigan Active in the daily operations of the Civil Air Patrol, Auxiliary of the United States Air Force. Past Commander of Group 5 (Of six)of the Florida Wing of the Civil Air Patrol Deputy Director, Senior Programs, Florida Wing, Civil Air Patrol.(Senior means over 2 l years of age) Active in Community volunteer affairs and charities in Collier County. Respectfully submitted, Charles Krou~ Karl H. Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-389-2027 Fax: 941-389-2037 Email: geng@marcoisland.org Ms. Sue Filson Administrative Assistant to the Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 October 13, 1999 Re: Collier County Airport Authority Dear Ms. Filson: I am enclosing my resume with the request that I am considered for the vacancy recently advertised on the Collier County Airport Authority. I am the recently retired President and Chief Executive Officer of a major communications company, and a private pilot with may years of experience deaiing with aircraft and airport matters throughout the world. As a business executive and pilot I am able to offer some vaiuable insights and contributions to the Airport Authority. My desire is to serve my community, an I am prepared to devote my time and energy to the efforts of this important Collier County Authority. Sincerely, ~-, Enclosure RESUME Karl H. Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-389-2027 Fax: 941-389-2037 email:geng@marcoisland.org EMPLOYMENT: 1963-1965 1965-1967 1967-1969 1969-1978 1978-1986 1986-1990 1990-1995 1995-1998 Computer Engineer, IBM Deutschland, Munich, Germany Branch Manager, Honeywell GmbH, Frankfurt, Germany Europe Support Manager, Honeywell Ltd, London, England Business Planning and Logistics Director, Honeywell Inc, Newton, MA Sr. VP International Operations, Computervision Corp, Bedford, MA President & CEO Hell Graphics Systems, Melville, NY Sr. VP Manuf., Sales & Service, Siemens ROLM, Santa Clara, CA President & CEO Siemens Business Communications, Santa Clam, CA EDUCATION Electrical Engineer, Munich Polytechnikum, Munich, Germany Industrial Fellow, Babson College evening MBA program, Wellesley, MA CIVIC~ COMMUNITY AND EDUCATIONAL ACTIVITIES Former Member, Rochester Institute of Technology, Industry Advisory Board Former Member, Graphic Arts Technical Foundation, Pittsburgh, PA Lecturer, Medway Adult Education Program, Medway, MA Communication Officer, Marco Island Civil Air Patrol Member, British Computer Society, London, England OTHER Private Pilot since 1968, Multiengine, Instrument and Helicopter Ratings Builder of a Helicopter and owner of an airplane stationed at Marco Island Airport Holder of FCC Amateur Extra Class License N1DL US Citizen, married, good health, multilingual, age 58 RESUME Karl H. Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-389-2027 Fax: 941-389-2037 email:geng@marcoisland.org EMPLOYMENT: 1963-1965 1965-1967 1967-1969 1969-1978 1978-1986 1986-1990 1990-1995 1995-1998 Computer Engineer, IBM Deutschland, Munich, Germany Branch Manager, Honeywell GmbH, Frankfurt, Germany Europe Support Manager, Honeywell Ltd, London, England Business Planning and Logistics Director, Honeywell Inc, Newton, MA Sr. VP International Operations, Computervision Corp, Bedford, MA President & CEO Hell Graphics Systems, Melville, NY Sr. VP Manuf., Sales & Service, Siemens ROLM, Santa Clara, CA President & CEO Siemens Business Communications, Santa Clam, CA EDUCATION Electrical Engineer, Munich Polytechnikum, Munich, Germany Industrial Fellow, Babson College evening MBA program, Wellesley, MA CIVIC, COMMUNITY AND EDUCATIONAL ACTIVITIES Former Member, Rochester Institute of Technology, Industry Advisory Board Former Member, Graphic Arts Technical Foundation, Pittsburgh, PA Lecturer, Medway Adult Education Program, Medway, MA Communication Officer, Marco Island Civil Air Patrol Member, British Computer Society, London, England OTHER Private Pilot since 1968, Multiengine, Instrument and Helicopter Ratings Builder of a Helicopter and owner of an airplane stationed at Marco Island Airport Holder of FCC Amateur Extra Class License NIDL US Citizen, married, good health, multilingual, age 58 Rc. SUME Karl H. Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-389-2027 Fax: 941-389-2037 email:geng@marcoisland.org EMPLOYMENT: 1963-1965 1965-1967 1967-1969 1969-1978 1978-1986 1986-1990 1990-1995 1995-1998 Computer Engineer, IBM Deutschland, Munich, Germany Branch Manager, Honeywell GmbH, Frankfurt, Germany Europe Support Manager, Honeywell Ltd, London, England Business Planning and Logistics Director, Honeywell Inc, Newton, MA Sr. VP International Operations, Computervision Corp, Bedford, MA President & CEO Hell Graphics Systems, Melville, NY Sr. VP Manuf., Sales & Service, Siemens ROLM, Santa Clara, CA President & CEO Siemens Business Communications, Santa Clara, CA EDUCATION Electrical Engineer, Munich Polytechnikum, Munich, Germany Industrial Fellow, Babson College evening MBA program, Wellesley, MA CIVIC, COMMUNITY AND EDUCATIONAL ACTIVITIES Former Member, Rochester Institute of Technology, Industry Advisory Board Former Member, Graphic Arts Technical Foundation, Pittsburgh, PA Lecturer, Medway Adult Education Program, Medway, MA Communication Officer, Marco Island Civil Air Patrol Member, British Computer Society, London, England OTHER Private Pilot since 1968, Multiengine, Instrument and Helicopter Ratings Builder of a Helicopter and owner of an airplane stationed at Marco Island Airport Holder of FCC Amateur Extra Class License NIDL US Citizen, married, good health, multilingual, age 58 NOV 2 3 1999 RESUME Karl H. Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-389-2027 Fax: 941-389-2037 email:geng@marcoisland.org EMPLOYMENT: 1963-1965 1965-1967 1967-1969 1969-1978 1978-1986 1986-1990 1990-1995 1995-1998 Computer Engineer, IBM Deutschland, Munich, Germany Branch Manager, Honeywell GmbH, Frankfurt, Germany Europe Support Manager, Honeywell Ltd, London, England Business Planning and Logistics Director, Honeywell Inc, Newton, MA Sr. VP International Operations, Computervision Corp, Bedford, MA President & CEO Hell Graphics Systems, Melville, NY Sr. VP Manuf., Sales & Service, Siemens ROLM, Santa Clara, CA President & CEO Siemens Business Communications, Santa Clara, CA EDUCATION Electrical Engineer, Munich Polytechnikum, Munich, Germany Industrial Fellow, Babson College evening MBA program, Wellesley, MA CIVIC, COMMUNITY AND EDUCATIONAL ACTIVITIES Former Member, Rochester Institute of Technology, Industry Advisory Board Former Member, Graphic Arts Technical Foundation, Pittsburgh, PA Lecturer, Medway Adult Education Program, Medway, MA Communication Officer, Marco Island Civil Air Patrol Member, British Computer Society, London, England OTHER Private Pilot since 1968, Multiengine, Instrument and Helicopter Ratings Builder of a Helicopter and owner of an airplane stationed at Marco Island Airport Holder of FCC Amateur Extra Class License NIDL US Citizen, married, good health, multilingual, age 58 Each comm. Rec'd Copy GEORGE W. BARRON SR 5025 MARINA COVE DR. # 101 NAPLES FL. 34112 PHONE: 941-732-1268: FAX: 941-732-0126 MOBILE: 941-250-8690 E-MAIL: BARRONSR@MEDIAONE.NET RECEIVE~ OCT 0 October 4, 1999 Board of County Commissioners Collier County Government Complex 3301 Tamiami Trail Naples FL 34112 Re: Appointment to Airport Authority Board Dear c'._. '~ ' --: Ms Sue Filson It has come to my attention that there has been a resignation to the above board; therefore I would like to fill this open slot. Please consider this a formal request to fill this now open position on the Airport Authority Board. Sincerely, ~~~~armn Sr.~ 5028 MARINA COVE DR. # 101 NAPLES FL. 34112 NOV 2 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER TO THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY OBJECTIVE: To appoint 1 member to serve on the Collier County Health Facilities Authority. CONSIDERATIONS: The Board of County Commissioners created the Health Facilities Authority of Collier County on November 20, 1979, by Ordinance No. 79-95 in accordance with Chapter 154 of the Florida Statutes. The purpose of the Authority is to assist health facilities in the acquisition, construction, financing and refinancing of projects in any corporated or unincorporated area within the geographical limits of Collier County. This vacancy represents a seat vacated by Mr. Richard Klaas. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT EXPIRATION OF TERM Edward J. Oates, Jr. November 23, 2003 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment and appoint 1 member to serve a 4 year term. expiring on November 23, 2003 to the Collier County Health Facilities Authority, and direct the County Attorney to prepare a resolution conficmin~ tht: app,>in~r, ent. Prepared By: Date: Sue Filson, Administrative Assistant November 23, 1999 A~NDA ITEM /PC, ,/OV 2 3 1999 / =ro'~: Sue Filson, Admin Assistant To: Sue Filson Test Copy Date: 10/28/99 Time: 9:05:18 AM Page 2 of 2 PRESS RELEASE FOR IM*IEDIATE RELEASE OCTOBER 28. 1999 The Collier County Board of Commissioners is seeking applications for positions on the Health Fac i litie s Autboritx'. -7!:e :4ealth Facilities Authority was created on November 20, 1979 by Ordinance No. 79-95 in accordance with chapter 154 of the Florida Statutes. The purposed of file authorilx-is to assist health fi)ciltties i:z lhe acquisition, consn'uction, linancing and relinancing or' projects in any corporated or unincorporated area xvithin the geographical limits of Collier Counb'. Members are subject to filing a Financial Disclosure Form 1 annually x~'ith tile Supervisor of Elections. Members must be 18 years of'age. Tenns are 4 years. Metnbers of attthorities nmst be residents and electors of Collier County, and are subject to tile Florida Govermnent in the Sunshine Law. Residents interested in applying are requested to submit a letter and brief resume, including y'our home address, to the attention of.Mrs. Sue Filson, Administrative Assistant. Board of Count' Commissioners, 3301 Tamiami Trail East. Naples. 7!c,r!da 34112 or FAX to 774-3602. The deadline for acceptance of resumes is NOVEMBER 5, 1999. AOF-NOAIT EDWARD j. OATES, JR. 2935 BeJlflower Lane Naples, FL 34105-3005 (941) 262-7160 (home) (941) 649-2219 (fax) EDWARD 3. OATES~ 3R. BORN: Columbus, Ohio - October 14, 1930 EDUCATION: Ohio State University - 1952 B.S. in Business Administration (Major in Accounting) MARRIED: 3uliet C. Sproul - :1994 CHILDREN: Deborah - born 1955 Sharon - born 1956 Patricia - born :1957 3effrey - born :1960 RESIDENT: Naples, Florida since September 1957 WORK EXPERIENCE: :1/88- 7/9:3 9/82- :!./88 2/8:1- 9/82 :1/72- 2/81 2/68- 1/72 9/65- 1/72 10/61- 9/65 ....~9/57 - 10/61 54- 9/57 .~2- 8/54 Naples Area Chamber of Commerce, Executive Vice President Southeast Bank, N.A., Vice President Dollar Mortgage Company of Florida, President Southeast National Bank/Naples, Executive Vice President and Cashier Citizens National Bank of Naples, Comptroller First National Bank/Naples, Vice President, Cashier, Trust Officer Naples Beach Club Hotel, Comptroller Alfred .1. Hackney, C.P.A., Accountant Ford Motor Company, Dearborn, Michigan, Accountant U.S. Army - Army Audit Agency - Sergeant OTHER: 2/98 - Present Colonial Bank - Southwest Florida - Director 7/94 - 2/98 First National Bank of Florida, Director 7/8:1 - 9/82 Exchange Bank of Collier County, Director 12/78 - 2/81 Southeast National Bank/Naples, Director 2/76 - 2/81 Southeast National Bad,k/Ft. Myers, N.A., Director CIVIC and COMMUNTTY: Recipient of the N~PLES DAILY NEWS "Citizen of the Year" award in 1980 "A PLACE TO GO" - Board of Directors and Executive Committee - Sparklers/Dtr. I yr. AMI - Board Member~ 2 yrs. *AhlERICAN A~;$OCIATION OF UNIVERSITY WOMEN - Member, 10 yrs. At, iERICAN RED CROSS, Collier County Chapter - Director & Treasurer, 4 years ARCHBISHOP'S CHAP~I-~EC; DRIVE, ARCHDIOCESE OF MIAMI, Regional Chairman, 16 yrs. BAi'JK ADPIINI$-FP~I'~O N IHSFL'FUTE, Past President of Southwest Florida Chapter BIG CYPRESS NATURE CENTER~ Former Director & Treasurer~ 4 yrs. BOARD OF PUBLIC INSTRUCTION~ Former Chairman of Vocational Guidance Committee BOY SCOUTS, District Executive Committee, :1 yr; SME Committee Development Chairman, 2 yrs. CARPENTER'S UNION, Welfare Committee & Apprentice Training Com~nittee~ 2 yrs. CATHOLIC SERVICE BUREAU OF COLLIER COUNTY~ Past Treasurer~ :1 yr.; Board of Directors, 2 yrs. ,_C.,ATHOIIC SOCIAL SERV/CES, Board Member, 4 yrs. 'AMBER OF COMHERCE, Past President~ Past Treasurer, Director for 8 yrs. ~ZEN'S ADVISORY TASK FORCE, Member 7 yrs. cl-rY OF NAPLES PLANNING AND ADVZSORY BOARD~ Member~ 4 1/2 yrs. AGEND~ NO. NOV 2 3 EDWARD 3. OATES, Page 2 CTTY OF NAPLES R/UDAT COMMITTEE, Co-Chairman, 2 yrs. COLt[ER COUNTY "701" CITIZEN'S ADVISORY COMMITTEE, Member COLLIER COUNTY EXTENSION ADVISORY COUNCIL, Member, 6 yrs.; Chairman, 5 yrs. *COLt[ER COUNTY EXTENSION OVERALL COUNCIL, Member 6 yrs. COLLIER COUNT~' FAIR ASSOCIAT[ON~ Charter Member~ Board Memberf 2 yrs. ~COLt[ER COUNTY HEALTH FACII_T~ES AUTHOFLTTY, Chairman, 10 yrs. COLt[ER COUNTY HISTORiCAL/ARCHAEOLOGICAL PRESERVATION BOARD, Member 3 yrs. COLI_tER COUNTY HISTORICAL SOCIETYf Board Member~ 4 yrs. *COLLIER COUNTY 3UNIOR DEPUTIES, Treasurer and Board of Directors~ 22 yrs. COLLIER COUNTY MOSC~U[TO CONTROL DISTR~CT, Commissioner, 8 yrs. COLLtER/NAPLESCAPE~ Treasurer and Board Member~ 8 yrs. *COLI_tER COUNTY PLANNING COMMISSION, Member 17 yrs.; Vice Chairman, 4 yrs.; Chairman, 2 yrs. COLt[ER COUNTY PARKS & RECREATION AD HOC COMMTFTEE, Member *COLLIER COUNTY SHERIFF'S COMMISSION, Member 10 yrs. COLLIER COUNTY UT[Lt-FY RATE REGULATION, Vice Chairman, :2 yrs. COMMUNTTY BLOOD BANK, Director 6 yrs. *COMMUNTTY FOUNDATiON-GRANT REVZEW COMMTI-FEE - 4 yrs. *CONSERVANCY OF SOUTHWEST FLOR[DA - Board Member, 3 yrs., Treasurer 2 yr. COOPER INS'F~UTE, Board Member, :2 yrs. DAVZD LAWRENCE MENTAL HEALTH CENTER~ Treasurer 8 yrs.; Vice President~ 2 yrs.; President 2'yrs; Director, 12 yrs. ELKS CLUB, Officer, 4 yrs. "PROGRESS VILLAGE REHABII_TTAT[ON COMMTTTEE", Member FINE ARTS SOCIETY OF COLI TER COUNTYf Board Member, 3 yrs., Treasurer, 2 yrs. FLOR[DA BAR ASSOCIATZON, 20th Circuit 3udicial Grievance Committee, Member, 3 yrs. Fee Committee, 8 yrs. FLOR[DA, STATE OF - FLOR[DA ENDOWMENT FOUNDATZON FOR VOCATIONAL REHABII_~AT~ON, Member~ Board of Directors 2 yrs. *FLOR[DA, STATE OF - CHPA, District 8, Member 2 yrs. FLOPZD~, STATE OF - SW FLOR[DA REGIONAL PLANNING COUNCIL, Member 3 yrs. FO~,UM CLUB OF COLL~£~< COUt~TY - ~oa~'d ~Icrnb~_.~, ~ yrs, FOUNDATION FOR DEVELOPMENTALLY HANDICAPPED, Board Member 7 yrs. FOUNDATION FOR A DRUG FREE GENERATZON, Director 4 yrs. FOUNDATZON FOR MENTAL HEALTH~ Director 4 yrs.; Treasurer 1 yr.; Chairman of Board 2 yrs. *4H FOUNDATION - Director 5 yrs.; President 2 yrs. FR[ENDS OF THE LZBRARY, Past Board of Directors 5 GIRLS INCORPORATED OF COLI_tER COUNTYx Board Member 6 yrs.- Treasurer - 2 yrs. HEART ASSOCIATION - COLI_tER COUNTY, Past President, Treasurer, Board of Directors 24 yrs. HEART ASSOC[ATZON - STATE OF FLOI~DA, Treasurer, 2 yrs.; Board of Directors & Executive Com~: ..il2c~.e 10 yrs.; Budget &, Fi~ance Co.mmi~ee 12 yrs. Audit Committee~ Chairman 5 yrs~ Long Term & Neminating Committee, 7 yrs.; Personnel Policy Committee, Chairman 2 yrs.; Vice Chairman of Board, 2 yrs., Chairman of Board~ 2 yrs. HOSPICE FOUNDATZON OF NAPLES~ INC.~ Board Member~ 3 yrs. HUMANE SOCIETYf Treasurer and Board of Directors, 17 yrs. 3AYCEE'S "GOOD GOVERNMENT" AWARD - Recipient *ICtWANIS, Past President; Director & Officer, 7 yrs., 17 yrs., Perfect Attendance~ 30 KNIGHTS OF COLUMBUS~ Financial Secretary 13 yrs. *LEADERSHIP COLt[ER GRADUATE ~ Class of 1993~ Masters Class ! *LEAGUE OF WOMEN VOTERS~ Member 12 yrs. *LEUKEMIA SOCIETY, Chairman Collier County Board, 5 yrs. frs. AGEND~,~'EM Page 3 EDWARD .3. OATESf 3R. LtONS CLUB, Secretary/Treasurer & Director, 2 yrs. MARCH OF DIMES, Past Treasurer & Chapter Chairman 10 yrs. *NAPLES ART ASSOCiATE[ON - Advisory Board Member - 5 yrs. NAPLES CiViC ASSOCiATiON, Treasurer, 1 yr., Board Member 6 yrs.; Exec. Vice President 2 yrs *NAPLES COMMUNITY HOSPITAL - Advisory Board Member - 5 yrs. *NAPLES COMMUNITY HOSPITAL DEVELOPMENT DRZVE, Member 3 yrs.; Vice Chairman 3 yrs. *NAPLES PLAYERS - Advisory Board Member - 5 yrs. *OH[O STATE ALUMNi ASSOCiATiON OF COLLIER COUNTYf Past President, Past Treasurer & Director *OHIO STATE ALUMNi ASSOC[AT;[ON - NATIONAL :[998 AWARD FOR OUTSTANDING C['I~ZEN *ONE HUNDRED CLUB OF COLI_tER COUNTY - Board Member 3 yrs., Vice President 2 yrs. PACE OF COLLZER COUNTY - Board Member 2 yrs.~ Treasurer 2 yrs. PEACHTREE [NTERNATZONAL - Board Member 2 yrs. *PEI_tCAN MARSH COMMUNITY DEVELOPMENT D[STR]:CT! Commissioner, S yrs. ST. ANN HOME & SCHOOL ASSOCZATZON, President, 2 yrs.; Treasurer, I yr. ST. ANN PAR~SH~ Co-Chairman of Building Fund Drive ST. ANN PARISH COUNCIL, Executive Board Member 2 yrs. ST. PETER PARZSH~ Co-Chairman of Building Fund Drive ST. V;[NCENT DE PAUL SOCZETY~ Treasurer 4 yrs. ST. WiLl_tAM CHURCH - Extraordinary Minister - 10 yrs. SAVE THE GZRLS, Board Membe.rf I yr. ~SENZOR FP~ENDSH]:P CENTERS OF SW FL, Director 3 yrs. OUTHWEST FLOP~DA LAND PRESERVATION TRUST! Board Member :[0 yrs.; Treasurer, 9 yrs. JUTHWEST HEP~TAGE, [NC., Director, 8 yrs; Treasurer, 5 yrs. TOASTMASTER CLUB, Original Vice President TRA[NZNG & EDUCA3-ZON CENTER FOR THE HAND[CAPPED, Board Member~ 16 yrs.; Chairman, 5 yrs. TR~-COUNTY SEN[OR SERV]:CES FOUNDATZON, Board Member~ I yr. UN;L-rED CEREBRAL PALSY OF SOUTHWEST FLOR[DA - Board Member 2 yrs. UNTFED FUND OF COLLIER COUNTY~ Past Board of Directors & Treasurer, 6 yrs. VO-TECH, Chairman of Business Advisory Committee *WOMEN'5 POL~F£CAL CAUCbS~ iVlember, 6 yrs. * YMCA, Board Member, 8 yrs; Executive Committee Memberf 4 yrs.; President, 2 yrs.~ Treasurer 1 yr. YMCA, Development Director, Member Mayor's Prayer Breakfast Committee Member, Pioneer Preeminent 1998 *YMCA, Bonita Springs Task Force Member * - Presently Active OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on January 29, 2001 on the Pelican Bay MSTBU Advisory Committee. CONSIDERATIONS: This 13 member Advisory Committee was established by Ordinance 90- 11 and amended by Ordinance 91-22 and 93-15. The Division provides landscaping services, including all public road maintenance and park areas, street lighting services, aquatic management services, beach cleaning, and the Clam Bay Restoration Project. It is the Division's responsibility to provide the framework of long-term community planning so that residents can enjoy the benefits of Pelican Bay while ensuring both the social and financial well-being of the Pelican Bay Community. A list of the current membership is included in the backup. Mr. John W. Hoyt resigned on September 2, 1999 leaving a vacancy. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Raymond W. O'Keefe Resident 2 yes none Noelle A. Kauramaki not qualified 4 yes none Claire DeSilver Resident 2 yes none Donald Spanier Resident 2 yes none COMMITTEE RECOMMENDATION: That the vacancy remain vacant - the3' plan to propose an ordinance amendment to reduce the membership from 15 members to 13 members prior to January 29,2001 when 5 terms will expire. FISCAL IMPACT: NONE GROWTIt MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation and if an appointment is made, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson. Administrative Assistant Board of County Commissioners Agenda Date: November 23, 1999 AGENDA ITEM NOV 2 3 1999 Memorandum To: From: Date: Subject: Sue Filson Administrative Assistant Board of Collier County Commissioners James P. Ward Pelican Bay Services October 27, 1999 Pelican Bay MSTBU Advisory Committee At the Pelican Bay MSTBU Advisory Committee Meeting of October 6, 1999 it was recommended that the unexpired term of John Ho.vt remain unfilled. The Advisory Commit'tee has discussed over the last year a reduction in the number of members and as you may recall a reduction from fifteen (15) members to thirteen (13) members was effectuated with Ordinance 98-113 effective December 15, 1998. On January 29, 2001 five (5) member terms will expire and the Advisory Committee may recommend a change to the Ordinance prior to that date, to once again reduce the number of members. 11'5 oa hlix c~li',,., qdc*'i':'IlS, [?{ca, c contact ~,)' office. Pelican Bay Services NO. ~ Memorandum To: From: Date: Subject: Sue Filson Administrative Assistant Board of Collier County Commissioners James P. Ward Pelican Bay Services Division November 8, 1999 Pelican Bay MSTBU Advisory Committee Pursuant to your Memorandum Dated November 1, 1999 please be advised that the applicants for the Pelican Bay MSTBU Advisory Committee can be categorized as follows: (Please note that the following have been placed in alphabetical order and not in any order of recommendation). Claire DeSilver - Pelican Bay Resident-Founder of the Mangrove Action Committee Raymond O'Keefe - Pelican Bay Resident-Retired Military Do~',aid Spar',~er- Pelican Bay Resident-Management Ccnsuitar',t - .~ i,4,~ Ba,, qr~d does not have a business Noelle Kaurar,':aki Not a r,.s ~.nt of Pelican . :, affiliation within Pelican Bay and would therefore not be recommended to flit a vacancy at this time. Although three of the above applicants do qualify for appointment, it must be noted that at the October 6, 1999 meeting of the Pelican Bay MSTBU Advisory Committee it was recommended that the unexpired term of Mr. John Hoyt remain ur:filled. (Copy of Memorandum attached). Pelican Bay Sen/ices Pelican Bay MSTBU Advisory Committee Herbert Hasson 6001 Pelican Bay Blvd., #1602 Naples, FL 34108 Dist:'ic::~ ~ Category: Resident }Vork Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 598-9064 01/14/97 01/29/01 Cornelia Kriegh 5964 Pelican Bay Boulevard Naples, FL 34108 District: 2 Category: Resident 02/I0/9§ 01/29/02 Joseph A. Bawduniak 803 Knollwood Court Naples, FL 34108 District: 2 Category: Resident 598-1976 02/09/99 01/29/03 Edward R. Griffith 8191 Lowbank Drive Naples, FL 34109 District: 2 Categon.': Developer 947-2600 01/14'97 01,'29/01 Lou Vlasho 6001 Pelican Bay Bh'd. #1006 N'aples. FI'. ~z: r'lS District; 2 Categoo': Resident 591-3248 02/09/99 01/29/03 Maureen McCarthy 6075 Pelican Bay l~lvd., #501 Naples, FL 34108 District: 2 Category: Resident/Financial 598-3857 02/i0,98 0i,'~9/'0L George H. Wemer 7 ! 2 f-te~.d~crv Lane Naples, FL 34108 District: 2 Category: Residew/CAPB Term 2nd Term 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 02/02/93 01/29/97 4 Years 566-3361 I/I 4/97 f) I/29/01 4 Years ~' ' ' ' ~'999 }~'ednesday, February 1 O, NOV Z 3 1999 Pelican Bay MSTBU Advisory Committee Name John W. Hovt re, car' 5811 Pelicafi Bay Blvd., #615 Naples, FL 34108 District: 2 Category: Resident/Developer [Vork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 597-8687 01/29/91 01/29/93 2 Years 597-9666 1/14/97 01/29/01 4 Years James A. Carroll 8430 Abbington Circle, C-31 Naples, FL 34108 District: 2 Category: Resident/Engineer 597-9767 02/10/98 01/29/02 4 Years Alan B. Varley 8111 Bay Colony Drive #904 Naples, FL 34108 District: 2 Cate#or3.,: Resident 02/02/93 01/29/97 4 Years 591-3119 1/14/97 01/29/01 4 Years Glen D. Harrc!i 9589 Crescent Lake Dr. #202 Naples. FL 34109 District: 3 Categoo': Commercial/Developer 598-1605 02.'08,'c)4 01/29/98 4 Years 2/10/98 01/29/02 4 Years Thomas C. Brov~T~ 8415 Excalibur Circle B-1 Naples. FL 34108 [).:~:rh':: 2 Categoo': Resident 01/24/95 01/29/99 4 Years 594-1949 2/9/99 01/29/03 4 Years David A. Roethg 6000 Pelican Bay Blvd., #204 Naples, FL 34108 District: 2 Category: Resident/Engineer 594-2210 0;,, 10/~8 01/29/02 4 Years IJ/ednesday, Febru[~ry 10, 1999 Page 2 of 3 NOV l 3 1999 Pelican Bay MSTBU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2.dExpDate 2nd Term This 15 member committee was created by Ord. No. 90-111 and amended by Ord. No. 91-22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determinig the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist. ~.- J provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 11/3/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. FL ST,4T: 125.01 Staff: Jim Ward. Pelican Bay Services Division: 597-1749 Wednesday, February 10, 1999 Page 3 of 3 - AO~IDA ITEM NO /z 3 DATE: TO: FROM: MEMORANDUM November 1, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assisti~..t//~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the folloxving individuals for appointment to one of the county's advisory committees. Please let me knoxv if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. PELICAN BAY MSTBU ADV COMM COMMISSION DISTRICT Raymond W. O'Keefe 760 Bentwater Circle #201 Naples, FL 34105 Noelle A. Kauramaki 5164 Seahorse Avenue Nnples. FL .34103 Claire DeSiiver 721 Teal Court Naples, FL 34188 Donald Spanier 770 Bentwater Circle, Unit 104 Naples, FL 34108 Thank you for your help. AGENDA ITEM NO. ~ k'0V lSS MEMORANDUM DATE: TO: FROM: November 1, 1999 James Ward, Pelican Bay Services~ Sue Filson, Administrative Assist,ant..,lr" Board of County Commissioners '<-"" Pelican Bay MSTBU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Raymond W. O'Keefe 760 Bentwater Circle #201 Naples. FL 34105 Noelle A. Kauramaki 5164 Seahorse Avenue Naples, FL 34103 Claire DeSilver 721 Teal Court Naple-~ FL 3418,8 Donald Spmfier ?76 iCentwater C,rclc l. nit 104 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee ~.itl:in the 41 d~C, time-fi'am,z, and I *,',ill prepare an cxecuti~,e summa.D' 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 October 2?, 1999 Board of County Commissioners A'f-TN: Sue Filson 3301 Tamiami Trail East Naples, FL 34112 OCT 2 9 i99B Dear Board Members: I am interested in serving on the Pelican Bay MSTBU Advisory Committee. I moved to Pelican Bay in October 1998 and am a year round resident. I am retired and have the time to devote to the committee's efforts in making Pelican Bay a place to live that we can all be proud of. I have no agenda other than a willingness to do my share. Thank you for your consideration, 760 Bentwater Circle #201 Napies, FL 34105 593-0857 Brief Resume - Raymond W. O'Keefe 760 Bentwater Circle #201 Naples, FL 34108 941-593-0857 Career Highlights - Military Colonel, US Army retired (1969 -1995) Congressional advisor to the Secretary of the Army and Chief of Staff of the Army (1990 - 1995) Chief, Operations and Training Branch, National Military Command Center, Joint Chiefs of Staff (1987 -1990) Career Highlights - After Retirement President, Seashore Village Homeowners Association, Pensacola Beach, Flodda (1996 - 1997) President, Pensacola Beach Residents and Leaseholders Association (1996 - 1997) 1997) Chairman, Pensacola Beach Incorporation Committee (1997- 1998) Executive Director, Pensacela-Escambia Clean Community Commission (1996 - Education BS, University of Maine - 1969 MS, University of Southern California - 1976 Graduate, US Army Command and General Staff College - 1980 Graduate, Industrial College of the Armed Forces- 1987 Personal Wife, Nancy .- married (29 years) - no chddren Hobbies - golf, tennis, walking, bicycling AGENDA ITEM_ WOMEN'S HEALTH CENTER OF MARCO ISLAND 960 N. COLLIER BOULEVARD, SUITE #5 MARCO ISLAND, FLORIDA 34145 Telephone (941) 642-3067 Fax (941) 642-3069 October 26, 1999 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Filson, I would like to submit my application to serve on the Pelican Bay MSTBU Advisory Committee. I have been a resident of Collier County Since 1984 and currently own a home in Seagate. My home, located at 5164 Seahorse Avenue, direcfly fronts Outer Clam Bay and I share a mutual concern wSth my Pelican Bay neighbora in the management, care and restoration of Collier County's first Natural Resource Protected Area .... Clam Bay. Concern for the Bay led me to remove any vegetation that was not ecologically friendly to the environment and eliminate the use of pesticides and fertilizer that could runoffinto the Bay. Working with Collier County Extension Service, I transformed our yard and was the first Collier County resident to be certified as a "Florida Yard" homeowner. My husband and I canoe on the Bay and find daily enjoyment observing the wildlife that make tki~ B~.3 '-: ~" u~. t: hor:;:~ Vs"c rcc. otOfi;'e ~,nd rc~t.'ec~ ti-,,: c,.vi~onm, emal. fra,,ility~, of Clam ~av aaJ need for careful stewardship. My educational background lncludes graduating from Weber State Coflege, Ogden, Utalz, in 1980 as a Registered Nurse. I also have a Bachelors Degree in Health Sciences fi'om the College of St. Francis and graduated from Emory University, College of Medicine, Atlanta, Georgia in 1993 as a Advanced Registered Nurse Practitioner. I am currently in private practice and owner o£tb.e Women's Health Center of Marco Island. Thank you for you consideration. Nocilc A. Ka~ramaki 5164 Seahorse Avenue Naple~, Fior~da :34103 # 434-0650 ~0 BBO£g~9~B g~:gI 666I/Lg/OI 721 Teal Claire DeSilver Court, Naples, Florida 941-591-2115 34188 OCT 2 ? 1999 ~aar,~ of Count-,. October 25, 1999 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Fiison: This letter accompanies my resume with which I apply for the vacancy on the Pelican Bay MSTBU Advisory Committee which wilt expire on January 29, 2001. Since 1995 I have been deeply involved in restoring the Clam Bay mangroves as founder and first president of the Mangrove Action Group. t would welcome the opportunity to participate in the MSTBU in their continued oversight of this project, and also as a Pelican Bay resident since 1989, having lived in condominiums as well as now in a single family house, I understand the various other matters of concern tc the MSTBU. Having operated my own business for 20 years I believe I can also contribute to the finaqciat cons;derat!ons which ~re pa't of ',he MSTBU I very much appreciate your time and attention. Sincerely, Claire DeSilver ITEM NOV 2. ~ loqq pg.., Claire DeSiluer 721 Teal Court, Naples, Florida 34188 94 1 -591 -2115 October 25, 1999 TO: Sue Filson, Office of Collier County Commissioners, 3301 East Tamiami Trail Naples, FL 34112 RE: Candidate for Board member of Pelican Bay MSTBU PROFESSIONAL AND COMMUNITY ACTIVITIES Founder and former president, current Board member of the Mangrove Action Group. 1995- present Member of former Commissioner Timothy L. Hancock's Mangrove Task Force. 1995-96 Current and founding chairman, Community Affairs Committee, Pelican Bay Women's League. 1996-oresent President, Greenwich Village (New York City) Homeowners Association, 1965-68. Member of Greenwich Viltage Committee w!~k;h successfully obtained Landmark Status for t~e area, under the Landmark Preservation Law. 1966-67. Founded and operated my own design business 1968-88. Allied Member, ASiD,(American Society of Interior Designers), Retired. PERSONAL Voting resident in Collier County since 1979. Resident of Pelican Bay since 1989. Married, 48 years. 2 children, 1 grandchild. Ur;J',/ersity of Iowa, 2 years; University of Wisconsin, 1 yesr; Marymour~t of Manh~','.an. 1 year. 80. ~ NOV 2 $ I£.~ I 04/12/1999 11:11 19415143217 Don Spanier Donald Spanier 770 I~ntwater Circle, unit 104 Naples, Florida 34108 Telefax: $14-3217 Telephone: fl14-7917 Collier County Board of Commi~ioner~ c/o Ms Sue Filson Telefax: 774-M~02 January 7th, 1999 Dear Commissioners: Please consider this communication to be my application for appointment to the MSTBU Advisory Committee. I own condominium tm. it 104 at 770 Bentwater Circle in the Breakwater community in Pelican Bay. I am also the President of the Breakwater 2 Condominium Association and of the Breakwater Commons Associntio~ My professional education Is in engineering and admin/stration; I hold B.S. and M.S. degrees in these fields from the Massachusetts Institute of Technology. During my professional life I have served as chief executive officer of the Harman Kardon Corporation; Division President of the Polaroid Corporation; Chairman and C.E.O. of S~,~,~.':,g' ~:.1 ?.'~octates, :X!'.na~?ment Co~tsu~t,~.q~ to Bus/~xess ~nd Co','ernment. The focus of the Spanler and Assodatea practice was assisting clients In planning and '~'~r'l~. m'~,'qv ~, mc ;~;zres to tm/-~t ~..~::!r gro~wth, expansion an~ d. evelopment needs. I am now retired and a year round resident of Pelican Bay and would like to put my skills and experience to work for the Community.. Thank you for your consideration. Very truly yours, Dotmld Spanler AGENDAJTEM SEP-03-88 14:14 FROM: Pelican Bay Services ID: 841 S~7 4S02 PAGE RECEIVED Pelican Bay Services Division 801 Laurel Oak Drive Naples, Florida 34108 ~r. of Coun~, C~,-f~.~issic~ To: !$~e Filson From: Barbara Smith Date: September 3, 1999 Number of Pages: 2 Phone: (941) 597-1749 Fax: (941) 597-4502 Remarks: Sue: !Please note the attached resignation was received in today's mail. Please make the appropriate iarrangements to adverise for a replacement for the MSTBU Adv/sory Committee. I show his term of office should have expired January 29, 2001. If l can be of any help, please call. Thank/~ou / / AGENDA. ITEM 14:15 FROM: Pelican Bay Seevices ID: 941 597 4502 PAGE B~_nl-ing Corporation of Florida 5811 PeUcaa Bay~ Suite 20~ Naples, Flor/da 34108-2710 Telephone (941) 597-8989 (941} 597-56~14 2 RESOLUTION NO. 99- RESOLUTION OF INTENT TO TERMINATE THE EMPLOYMENT OF THE COUNTY ADMINISTRATOR WHEREAS, the County Administrator, Robert F. Fernandez, (Administrator) is employed pursuant to the terms of the County Manager Employment Agreement dated May 20, 1997; and WHEREAS, numerous issues have come to light during the tenure of' this County Administrator that have eroded the Board of County Commissioners' and the public's confidence in the Administrator's ability to effectively manage the personnel and operations of'Collier County government; and WHEREAS, pursuant to the terms and conditions of Collier County Ordinance No. 93-72, as amended, the Collier County Administrator Ordinance, and Section 125.73(2), Florida Statutes, termination procedures have been established to protect the Administrator by requiring an initial public hearing wherein a Resolution of Intent to Terminate the Employment of the County Administrator must be adopted by an affirmative vote of three members of' the Board of County Commissioners; and WHEREAS, the public interest is protected in that a final action terminating the employment of the Administrator shall occur not less than fourteen (14) days at, er adoption of a Resolution of' Intent to Terminate Employment of the County Administrator at a regularly scheduled meeting of the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: l) 2) 1999 BOARD OF COUNTY This Resolution of Intent to Terminate the Employment of the County Administrator is adopted pursuant to the terms and conditions of the County Manager Employment Agreement dated May 20, 1997, after due public notice, placement on the Board of' County Commissioners meeting agenda for November 23, 1999, (a regularly scheduled Board meeting), and said Resolution having been included as part of the published agenda of the Board meeting. The Board of County Commissioners hereby directs that a Resolution Terminating the Employment of the County Administrator be placed on a regular County Commission agenda not less than fourteen (14) days hereai%r as appropriately determined by the County Attorney. The Resolution Terminating - ! - the Employment of the County Administrator shall be included as part of the published agenda of the Board of County Commissioners. 3) It is the intent of the Board to comply with all the terms and conditions of the County Manager Employment Agreement dated May 20, 1997, and the Board directs the County Attorney to ensure that all procedures are properly followed. This Resolution adopted this 23rd day of November, 1999 after motion, second and not less than three affirmative votes of the Board of County Commissioners. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: David C. Weigel County Attorney By: PAMELA S. MAC'KIE, CHAIRWOMAN - 2 - T. E.A.M. Education & AIDS Awareness for the Millennium - I 5 teering Committee David Summerton, Gary Julian ,Sheryl Ross, Lourdes Bat'rem ,Stacey Kahn, To Whom It May Concern, A week long display of THE NAMES PROJECT AIDS Menx>rial Quill A memorial to those who have died of AIDS will be held November 28 - December 4, 1999 21an-8pm, at F~lison Commni~' College, Naples, Florida. This local display is being organized by T.F~A.M. (Treatment, Education & AIDS Awareness for the Millennium) a newb' formed cache ofcommmfity vokmteers dedicated to raising awareness k~ Southwest Florida. ~ NAMES PROJECT AIDS Memorial Quilt is the hrgest ongohg community arts project in the world. "lhe Quilt has :'.,~e abil~' to iljustrate human~, teach compassion, stimulate discussion, proxide facts, generate open mad honest conmxazication, decrease hcidents of risky behavior, and encourage prevention tkrough an h~crease ha a conantu~Vs commitment to AIDS education through the arts. This local display ~ill feature 216 three by six-foot panels, the size of a coffin, each commemorating the life of someone who has died from AIDS, many from our own conmntniO~. This compelling exhibit has proven to be a highly poxxerful educational tool designed to showthat AIDS can happen to anyone, anx~.here and at any age! It also motivates people to learn the facts about HIV:AIDS to better understand and respond pro-actively through heightened a~areness. We ask you to encourage indixiduals to xiew the exhibit and/or orchestrate congregational trips or volunteer by contacting Gary R Julian (941 ) 354-1589 or signsl ~naples.infi.net As a compassionate person of Soutlmest Florida. it is your responsibility to help enlighten our community as society enters the new millennium. Ibgether, we can make certain that the journey is safer, more compassionate and infinitely more secure ruth the knovdedge that xve are better educated about AIDS. In the last sexeral years the support of our Community h~ been ~eD' poor and we Hope you x~.ill Help us change that. God Bless .'?t'.::k you in a&ancc for your support Please join the T.E.A.M. at naplesnews, com- under educational in community section Thanks so muc h! Ga~.; ITEM tO.F. NOV 2 3 1999 eS. I,  ~arrJ of Court'/', :"rmmq~,$~,,~ November 8, 1999 [Originally Sent October 21, 1999] David Weigel, Esq. Collier County Attorney's Office 3301 Tamiami Trail East Administration Building Naples, Florida 34112 ~ CRAIG lC WOODWARD* ~t,~xj. wooow, um ANmoNY P. ~s, J. ~OPHER ~MB~O S~N V. BLOU~ JOHN A. ~ER~' PAUL L. K~ER~ BURT L. SAUNDERS OF COUNSEL · Board Certified Real Estate Attorney *'Board Certified City, County and Local Government Attorney '*' Also admitted in Indiana and Georgia °'~ Also admitted in Pennsylvania Re: Emergency Medical Services Fees for 1998 Dear David: As you know, there has been an ongoing debate between the NCH Healthcare System and Collier County concerning the appropriate entity to be billed for a large percentage of the emergency medical services billings for 1998. Though the NCH Healthcare System was billed, it remains the position of the NCH Healthcare System that Collier County Emergency Medical Services should be billing Medicare for approximately seventy percent (or more) of all of the bills submitted to the NCH Healthcare System for 1998. I believe both the NCH Healthcare System and Collier County are now in agreement that Medicare should be billed. It is my understand~dicare will honor those~ls for 1998 if and only if those bills are submitted l~rior to December 31, 1999. After~cember 31, 1999, it is my understanding that Medic~ not ~ unde~stances, pay bills for services rendered during calendar year 1998. For that reason, it is imperative that Collier County Emergency Medical Services submit appropriate bills to Medicare for those services rendered in 1998. NOV 2 3 1BBB / Pelican Bay Marco Island Please Respond to: Pelican Bay 801 Laurel Oak Dr., Suite 710, Naples, FL 34108 {941) 566-3131 Fax (941) 566-3161 606 Bald Eagle Dr., Suite 500, P.O. Box 1, Marco Island, FL 34146 (941) 394-5161 Fax (941) 642-6402 David Weigel, Esq. November 8, 1999 Page 2 Please do not hesitate to contact either me or representatives of the NCH Healthcare System if any clarification is necessary. Sincerely, ~_V~O~DWARD, PIRES e LO1V[BARDO, P.A. Burt L. Saunders BLS:slw CC' Ed Morton, NCH Healthcare System Chairwoman, Pamela Mac'Kie ~J EXECUTIVE SUMMARY ADOPTION OF THE REMEDIAL AMENDMENTS TO THE COMPREHENSIVE PLAN (CPR-99-2) PURSUANT TO THE FINAL ORDER ISSUED BY THE GOVERNOR AND CABINET, SITTING AS THE ADMINISTRATION COMMISSION, ON JUNE 22, 1999 (AC-99-002) TO MAP INTERIM NATURALRESOURCE PROTECTION AREAS; ESTABLISH PERMITTED USES; PREPARE A RURAL AND AGRICULULTURAL ASSESSMENT AND TO ESTABLISH INTERIM USES UNTIL THE ASSESSMENT IS COMPLETED. OBJECTIVE: That the Board of County Commissioners adopt the remedial amendments to the Future Land Use Element, Golden Gate Area Master Plan and the Conservation and Coastal Management Element of the Comprehensive Plan and forward to Department of Community Affairs for their finding of compliance. BACKGROUND: On April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) and on November 14, 1997 adopted the EAR based amendments to its Comprehensive Plan. On December 24, 1997, the Department of Community Affairs (DCA) issued a notice of intent to find portions of the plan "not in compliance". Intervenors entered the process: Collier County Audubon Society, Inc., and Florida Wildlife Fed,:;ra~i,:'n ir r;or;ju~,ction ';..fib Lhe DCA ~?,4. C,,}!!ie~ COL;~[y Schuol Board in conjunction with the County. A formal administrative hearing was held in May 1998 and the Administrative Law Judge issued a recommended order on March 19, 1999 finding the challenged amendments not "in compliance". The Governor & Cabinet sitting as the Administration Commission issued the Final Order (AC-99-002) on June 22, 1999 which requires the County to conduct a Rural and Agricultural Assessment for a geographic area that includes the following: All land designated Agricultural/Rural; Big Cypress Area of Critical State Concern; Conservation lands outside the Urban boundary; and South Golden Gate Estates. This Assessment may be phased and should be completed, along with the necessary Comprehensive Plan amendments, by June 22, 2002. Until this Assessment, or any phase !he, ~'~o;', is completed the interim devel,::!.:~r~ ::-. ?,.t staI~dards will be in place that limit permitted uses in these areas. In the interim period while the Assessment is being conducted, the County shall map the following areas as Natural Resource Protection Areas (NRPAs): Camp Keais Strand; CREW lands; Okaloacoochee Slough; Belle Meade; and South Golden Gate Estates. The general location of these areas shall be refined as actual data and analysis is made available during the Assessment. Within the NRPAs, only agriculture and directly- r6!~3d ~.~ses a~t or~e single fami!y dwelling unit per parcel or lot created prior to June 22, 1999 shall be allowed. The Assessment is required to be a collaborative, community-based effort with full and b~oad public participation including ~ssistance from state and regional agencies. The Assessment may be phased to community needs and geographical differences. AGEND& !TE~' CONSIDERATIONS: The Board of County Commissioners at their public hearing on September 14, 1999 transmitted to the Department of Community Affairs for their review and comment the proposed interim amendments. DCA issues their ORC report (Attachment 1), which identified one objection described below. Summary of Objections, Recommendations and Comments (ORC) Report from the _Department of Community Affairs {DCA_). Objection: There are two instances where the NRPA definition and purposes as outlined in the adopted p!an and the additional criteria are not consistent: 1. the additional criteria would exclude areas within the geographical areas specified in the Final Order to be designated as NRPA's that have been degraded and which need to be restored in order to maintain an ecologically functioning system; and 2. the additional criteria would exclude upland habitat for listed species that is not continguous to an identified wetland system. The County reviewed numerous data sources to delineate the proposed NRPAs. However, when the data is analyzed in conjunction with the adopted NRPA definition and purposes as well as the additional criteria, there are areas, which appear to meet the requirements for inclusion that were omitted. These areas include: 1. Northern Belle Meade; 2. The area, known as the Stovepipe, to the north, northwest and northeast of Okaloacoochee Slough; and 3. The area southwest of the Okaloacoochee Slough that links the Slough to the southeastern portion of the Camp Keais Strand. Therefore, the proposed NRPAs are not fully supported by the data and analysis sublqq~Lt~d with the amendment. DCA Recommendation: The County should provide additional data and analysis demonstrating the omitted areas referenced above do not meet the requirements for inclusion as a NRPA. In the ~!ternative, the County shin, Id review the available data and analysis a:;,'~ revi.¢e the ~)ound~ries of the proposed NRIZAs appropriately. Staff Recommendation: Staff is recommending the following changes: 1. That the County, based upon a thorough re-review the available data, revise the boundaries of the proposed NRPAs as may be appropriate, and where the data does not fully support inclusion into an NRPA, or where there is conflicting data, map these areas as "Special Study Areas" providing for specific focus during the asscnsment period, 2. A,mcnd the. Future Land Use Eie,,qcnt to provide for co-location of public faci:ities with schools and school facilities in order to meet state legislative requirements. 3. Amend the Golden Gate Area Master Plan to provide for co-location of public '-' :': - ,¢~.,.us in order to -- ~ state leg~s,a.x,e fa~,l,,,e~ with b.,','.,~;c:! aqd schoal r-~ ,m-. ~, ~e,.,. "' "' requirements. AMENDED OBJECTIVES, POLICIES AND FUTURE LAND USE MAP: The following new policies have been added; the Future Land Use Description Section and the Future Land Use Map have been amended: 2 AC, Fg~ ~, ~T~ NOV 2 3 1999 P~. ~ 1. Future Land Use Element - add new policies 4.9 and 4.10, add co-location of schools with other public facilities (FLUE pages 14, 15 and 17). 2. Future Land Use Description Section - Agricultural/Rural Designation; Agicultural/Rural Mixed Use District; Rural Commercial Subdistrict; Rural Industrial Subdistrict and the Conservation Designation (FLUE pages 31-36). 3. Future Land Use Map to identify Natural Resource Protection Areas 4. Golden Gate Area Master Plan - Future Land Use Map to identify South Golden Gate Estates as a Natural Resource Protection Area. 5. Golden Gate Area Master Plan - add a Southern Golden Gates Estates NRPA Overlay to the Estates Land Use Description Section and co-location of schools with other public facilities (Golden Gate Area Master Plan, pages 10, 23, and 28). 6. Conservation and Coastal Management- Amend Objective 1.3, Policies 1.3.1. (Conservation and Coastal Management Element pages 2 and 3). The proposed amendments, in Exhibit A-1 Future Land Use Element (amended pages 14, 15, 17, and pages 31-36 and Future Land Use Map); Exhibit A-2 Golden Gate Area Master Plan (amended pages 10, 23, and 28 and Golden Gate Area Master Plan); and Exhibit A-3 Conservation and Coastal Management Element(Pages 2 and 3), identify underlined portions are added, cross through portions are deleted. GROWTH MANAGEMENT IMPACT: The proposed amendments are required by the Final Order issued by the Governor and Cabinet on June 22, 1999. FISCAL IMPACT: The Administration Commission (Governor and Cabinet), retains jurisdiction to impose sanctions if Collier County fails to rescind these amendments and instead elects to make them effective, or fails to adopt the Remedial Amendments and Interim Amendments identified in the Final Order. The following are the potential sanctions to be imposed: All state agencies will be directed not to provide funds to increase the capacity of roads, bridges, or water and sewer systems. Collier County will not be eligible for grants administered under the following programs: a. Florida Small Cities Community Development Block Grant Program b. F,o:~a Rec,'~ation Deve~oprr.~ent Assistance Program c. Revenue sharing pursuant to 206.60, 210.20, and 218.61 and Chapter 212, Florida Statutes, to the extent not pledged to pay back bonds. RECOMMENDATION: That the Board of County Commissioners adopt the amendments to the Future Land Use Element, Conservation and Coastal Management Element, the Golden Gate Area Master Plan and forward to Department of Community Affairs for their finding of compliance Prepared By: Robert J.Mulhere, AICP, Director P!snmng Serwces D. padme/~d't Approved By:-- ~: ,,~' 6/w~~ Date: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division Date: AGENDA NOV 2 3 pg. ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 ORDINANCE NO. 99- AN ORDINANCE APPROVING INTERIM AMENDMENTS TO THE COASTAL AND CONSERVATION MANAGEMENT ELEMENT, THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP, GOLDEN GATE MASTER PLAN ELEMENT AND RELATED MAPS AS APPROPRIATE OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN TO: PROVIDE A DEFINITION OF INTERIM NATURAL RESOURCE PROTECTION AREAS, MAP NATURAL RESOURCE PROTECTION AREAS AND ESTABLISH PERMITTED LAND USES FOR THESE AREAS; PROVIDE FOR AN ASSESSMENT OF ALL RL]RAL/AGRICULTURAL AND CONSERVATION AREAS OUTSIDE OF TI-rE URBAN DESIGNATED AREA, SOUTH GOLDEN GATE ESTATES AND THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN AND TO ESTABLISH iNTERIM DEVELOPMENT REGULATIONS FOR THESE AREAS UNTIL THE ASSESSMENT IS COMPLEFED AND THE GROWTH MANAGEMENT PLAN IS AMENDED ACCORDINGLY. WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report 24 (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; 25 and 26 WHEREAS, on November 14, 1997, Collier County adopted the EAR-based amendments 27 to its Growth Management Plan; and 28 WHEREAS, on December 24, 1997, the Department of Community Affairs (DCA) issued 29 its Notice and Statement of Intent to find the County's EAR-based amendments not in compliance 30 as defined Dy Section 163.3184(1 )(b), Florida Statutes; and 31 WHEREAS, on December 24, 1997. the Department of Community Affairs (DCA) issued 32 its Notice and Statement of Intent to find certain EAR-based Objectives and Policies to the Growth 33 M~nagemer I Plan not ~, compliance; and 34 WHEREAS, pursuant to Subsection 163.3184(10)(a), Florida Statutes, the DCA petitioned 35 for a formal administrative hearing to review the EAR-based amendments ~ouPd in non- 36 co npliance; and 37 WHEREAS, the petition was forwarded to the Division of Administrative Hearings 38 (DOAH), an Administrative Law Judge was assigned and a five-day formal administrative hearing 39 took place in May 1998; and 40 WHEREAS, the Administrative Law Judge issued a Recommended Order on March 19, 41 1999, finding the EA~-0ased antendments at issue ~n non-compliance; and 42 WHEREAS, the matter was considered by the Governor and Cabinet sitting as the 43 A,!ministration Cemm,s~io~ on J~Jne 22 1999 pursuar't 'o SL'-~'ecti~':,", IcJ3.3184;'O'l(bi, Flor'~a 44 Statutes; and 45 WHEREAS, pursuant to Subsection 163.3184(11 ), Florida Statutes, th~el[~ I AGENDA iTEM 46 Commission is authorized to take final agency action regarding whether or notcompf~.ensive//~ I 47 plan amendments are in compliance; and Words underlineJ are additions, words =truck thrcuGh are deletions, and shaded--land u~q'd'er[,n~ portions are additions in response to the Octobe' 22, 1999 CRC report from the IDepartment of Communb Affairs. ~ i 1 WHEREAS, the Administration Commission, upon review of the Record of the 2 administrative hearing, the Recommended Order including the Findings of Fact and Conclusions 3 of Law contained therein also found the EAR-based objectives and policies at issue not in 4 compliance; and 5 WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order 6 directing Collier County to transmit to the DCA said Interim Amendments to the Growth 7 Management Plan by September 14, 1999; and 8 WHEREAS, Collier County prepared and the Collier County Planning Commission 9 considered the proposed Interim Amendments to the Growth Management Plan pursuant to the 10 authority granted to it by Section 163.3174, Florida Statutes, and recommended approval of said 11 Interim Amendments to the Board of County Commissioners; and 12 WHEREAS, that on September 14, 1999 the Board of County Commissioners approved 13 said Interim Amendments for transmittal to the DCA; and 14 WHEREAS, upon receipt of Collier County's proposed Interim Amendments, the DCA has 15 thirty (30) days to review the proposed Interim Amendments and DCA must then transmit, in 16 writing to Collier County, its comments along with any objections and any recommendations for 17 modification, within said thirty (30) days pursuant to the Final Order of the Administration 18 Commission; and ~9 WHEREAS, Collier County on October 22, 1999 receivea an Objection, 20 Recommendations and Comments (ORC) Report from the DCA, containing an Objection 21 regarding the delineation of Natural Protection Resource Areas (NRPAs); and 22 WHEREAS, Collier County must now adopt, or adopt with changes the Interim 23 Amendments, within thirty (30) days of such receipt pursuant to the Final Order of the 24 Administration Commission; and 25 vVHEN~AS, the Collier County Planning Commission has considered the proposed 26 Interim Amendments to the Growth Management Plan pursuant to the authority granted to it by 27 Section 163.3174, Florida Statutes, and has recommended approval of said Interim Amendments 28 to the Board of County Commissioners; and 29 SECTION ONE: INTERIM AMENDMENTS AND RELATED MAPS .~0 'we interim Am~ndm6~ts ~m-i 'e~,~ ~n~ps are &~a~.hed hereto and ,~Cor)orated by 31 reference herein as composite Exhibit A. 32 SECTION TWO: SEVERABILITY 33 If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of 34 competent jurisdiction, such portion shall be deemed a separate, distinct and independent 35 provision and such holding shall not affect the validity of the remaining portion. 36 SECTION THREE: EFFECTIVE DATE Words underlined are additions, words ctruc~ thrcugh are deletions, and shac portions are additions in response to the October 22, 1999 ORC report from 1 Community Affairs. AGENDA ITEM ~e Department of pg. f 1 The effective date of this amendment shall be the date a final order is issued by the 2 Department of Community Affairs or Administration Commission finding this amendment in 3 compliance in accordance with Section 153.3184, Florida Statutes, whichever occurs eadier. No 4 development orders, development permits, or land uses dependent on this amendment me,,, be 5 issued or commence before it has become effective. If a final order of noncompliance is issued by 6 the Administration Commission, this amendment may nevertheless be made effective by adopt[on 7 of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the 8 Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'~ Floor, 9 Ta~lahassee, Florida 32399-2100. 10 11 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 12 County this ~ day of 1999. 13 14 15 16 17 18 ~9 20 21 22 23 24 25 26 27 28 29 3O 32 33 34 35 37 38 39 40 41 42 43 45 46 41" 48 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: BY: PAMELA S. MAC'KIE, Chairwoman Marjor~ent ' ' Assista,~t County Attorney Words underlined are additions, words ............. ~.. are deletions, and portions are additions in response ~.o the October 22, 1999 ORC report from Community Affairs. AGENDA ITEM Department of Exhibit A-1 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Comprehensive Planning Section Planning Services Department October, 1997 Re- Adopted September 14, 1999 Final Adoption CP Remedial R-99-2 November 23, 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NO'F,~, T;-;~ SLIPPOi~T DOCUMENT WILL BE UPDA1 ED AS CURRENT INFORMATION BECOMES AVAILABLE. Words underlined are additions, words struck thrcugh are deletions, and Shaded and uno Portions are additions in response to the October 22, 1999 ORC report from the Departr Community Affairs. AGE. N~A tT£~ ~ent of I;3V 2 3 1599 allocations and Iocational criteria. Upon completion of the Economic Plan, a study will be undedaken to identify the need for additional Industrially designated land within the Coastal Urban Area. Policy 4.6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, adopted August 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. Pine Ridge Road between U.S. 41 North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 Nod. h in Naples Park; t. C.R. 951 between Green Bouievard and Golden Gate Parkway; and, g. Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units, included with this data base shall be a forocast of the geographic distribution of anticipated growth. fdevelopment provi..sions, and the desiqnation of Natural Resource Protection Areas on the Land Use Map are described in detail in the Aqricultural/Rural Desiqnation Description Sec amendments necessary to implement the findings and results of the Assessment, or any phase thereof~ pL~rsuant to the Final Order (AC--99-002).j..ssued by the Administration Commission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim uLu~ ~.~GE. NDA ITEIvl ion. No. !~_(~) .( NOV 2 3 1S99 Policy 4.10 Public parti~pation and input shall be aprimary feature and goal of the p. lan..ning and assessment effort. Representatives of state and regional aqencies shall be invited to participate and assist in the assessment. The County shall ensure community input through each phase of the Assessment which may include workshops, public meetings, appointed committees, technical working qroups, and established advisory boards including the Environmental Advisory Committee and the Collier County Planning Commission in each phase of the Assessment. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Policy 5.1: All rezonings must be consistent with this Growth Management Plan. Property zoned pdor to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners shall not be permitted. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future Land Use Map, and by requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary. Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteda of the Land Development Code (Ordinance 91-1_02, adopted October 30, 1991, as amended. Policy 5.5: Encourage the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall ccc. ur by pla!ming for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Policy 5.6: Permi'. the. use c¢ '~',~:s;'e:' h?:~ ;',9, Planned Unit Development techniques, and other' innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zonin9 and subdivision regulations as necessary to allow innovative land development techniques. - 15 AGENDA ITEM NO',/ 2 3 ~9 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. !. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier Country: areas with the greatest residential densities, and ares, s in close proximity, which have o~ are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and [he land needed to accommodate tile projected population growth. Urban Designated Areas will accommodate the following uses: ao Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts and Subdistricts that follow. Non-residential uses including: 1. Essenhal services as de§ned by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan conta:,n~d in the Land Development Code); 4. Child care centers; 5. Community facilities such as churches group housing uses, cemeteries, and schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth mining, oil extraction, and related processing; 9. Agriculture; 10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road c',3ssified as an arterial in the Traffic Ci~ ,¢ui~t[on Element, direct principal access de;ined as a driveway and/or roadway connection to the arterial road, with no access points from intervening properties; (c) The use will be compatible with surrounding land uses. 11. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use medical related and located within ¼ mile of existing or approved hospitals or rr centers which offer primary and urgent care treatment for all types of injudes an l? NO? 2 3 I9 9 eo Distribution; High technology; Laboratories; Assembly; Computer and data processing; Business services; Other basic industrial uses as described in the Industrial Zoning Distdct of the Land Development Code; Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban ~ndustrial District subject to the cdteda set forth under the Business Park Subdistrict in the Urban-Mixed Use District. II. AGRICULTURAL/RURAL DESIGNATION The Agricultural/Rural Land Use Desior~ation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the rural character of these lands. The following uses are permitted in this District, subject to the Interim Development Provisions: a. Agricultural uses such as farming, ranching, forestry, bee-keeping; b. Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; c. Habitat preservation uses; d. Parks, open space and recreational uses, golf courses; e. Essential services as defined in the Land Development Code; f. Safety service facilities; g Community fa,..~, .... s .such ~.~ churches, group housing u ..... , cemeteries; and schools which snail Ce subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. ·The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. .~, ,,, ',-- ' ,, ,o.. h~,-:~ except fo,' central watc. r and sewer facilities as noted h. Cc .... 'n,_ .!,..t o. and ~,iili[y above; i. Migrant labor housing as provided in the Land Development Code; j. Earthmining, oil extraction and related processing; k. A..p;-,:~,!! ;..;-:nt '~. ,:: Co;~J,t::.,m~i ds~ ~s defined m the Land DevelopJ;'~ent Code provided '~' the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or Federal jurisdictional wetland area and any required buffer zones; is not located within 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural ' Ae, F_t~,~ reservation I. Commercial uses accessory to other permitted uses, such as restaurant accessory to 31 NOV course or retail sales of produce accessory to farming, so long as restrictions or lira;rations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or Ioc~tion of the commercial use and/or limiting access to the commercial use; commercial uses, within the Rural Commercial Subdistdct, based upon criteria; Industrial uses within the Rural - Industrial District; Travel trailer recreational vehicle parks, provided the following criteria are met: 1. The density is consistent with the Land Decelopment Code; 2. The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or roadway connection, to tl',~ ar',e,'ial road, with no access points from intervening properties; and, 3. The use will be compatible with surrounding land uses. A. Agricultural/Rural - Mixed Use District ~C'CS ..... ~, ~ grcss ,~, ~h~ ....0~ .....~ut~ F~~er [~~~ ..... ~s~ ....... Rural & Agricultural Area Assessment The Governor and Cabinet sitting as the Administration Commission, on June 22, 1999, issued the Final Order (AC-99-002) pursuant to Section 163.3184£10)(b), Florida Statutes, in Division of Administrative Hearinq Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. .T_he Geographic Scope of the Assessment Area shall be as follows: tncludes: All land designated Agricultural/Rural Biq Cypress Area of Critical State Concern Conservation lands outside the Urban Boundary So, ~th Golden Gate Estates Excludes: Al! Urban designated areas Northern Golden Gate Estates The Settlement District The Assessment, or any pha~.e, thereof,, shall be a collaborative, community-based effort with full and broad-based public participatiqn and assistance from applicable State and Regional agencies. At a mini_rnum, the As_.s.essment__m_ust icle~ify the means ,to .accomplish the following:.- 1. Identi_.fv a.¢,d ~_opose measur~s~.t.e,_ protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water .qpali a_~L_8_Q¢ quantity a.nd maintain the natural water regime as well as to_protect listed ~:n;'~:~~_!t ~p¢.,..ies ~nd ~heir habi',~ts. 3. Assess the growth potential of the Area by assessinq the potential conversion of rural lands to other uses, in .appropriate locations, while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planninq techniques includinq, but not ~ limited to, public and private schools, urban villaqes, new..towns, satellite ! communities, area-based allocations, cjusterin.q and o.~_¢_j,'l spa_ce provisions and AGENDA NOV 2 3 1999 mixed use development. The Assessment, or any phase thereof, shall recognize the substantial advantages of innovative approaches to development which may better serve to protect environmentally sensitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Interim Development Provisions for the Agricultural/Rural Assessment Area Amendments based on the Assessment shall be completed by June 22, 2002. Residential and other uses in the Area for which .completed applications for developme .nt approval, rezonincj, conditional use, subdivision approval, site plan approval, or plats were filed with or approved by Collier County prior to .Ju..ne._2_2, 1999, shall be processed and considered under the Comprehensive Pia~ as it existed on J_u_ne 22, 1999. If..the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the interim land use controls shall be lifted from the specific geographic area upon completion of the applicable phase of the Assessment and the implementinq Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof, are in effect, the only land uses and development allowable in the area shall be those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agricultural/Rural District, except the followinq uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. E×tension or new provision of central water and sewer service into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to su.o. port farming operatio_os_,_or staff housinq f,!2 dulac) and other uses directly related to the manaqement 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 . stat_ions_, em.er, genc_y_.medial stations. 6. Transient residential such as hotels, motels, and bed and breakfast facilities. ..7..Zoo,. aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection and t:aqsfer .sites fc',~ resource recovory. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Recreational Vehicle Parks These i,q~erim development standards 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 have been received by the County pdor to June 22, 1999. The continuation of existing _uses sh~!l inc!ud, e._.e_xp_an_s_! _o~_s_ r~.f t_h..o.~%.U_S__e~?_s.t_~c_h__.e~'~ansions are co:~3:s[si i[ ~viti', or c;~&~ i:-F anciliaw to ~.l-,e exis~.i~q use and do not require a rezonin9 or comprehensive plan amendment. Interim Natural Resource Protection Areas (NRPAs} The following areas shall be generally mapped and identified as Natural Resource Prote (NRPAs): Camp Keais Strand, CREW Lands, Okaloacoochee Slouqh, Belle Meade anc Golden Gate Estates. 33 NOV 2 3 1999 Natural Resource Protection Areas (NR.pAs) are designated on the Future Land Use Map:. 1. Within these areas,.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; 2 These interim development standards 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 have been received b~L the County prior to June 22, 19D9. The continuation of existing uses sha~l include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning ar comprehensive plat' amendment; 3 The general location shall be identified on a map as the interim NRPAs and shall be refined as .actual da!a and analysis is made available during the Collier Count~.Rural an.d..A_gricultural Area Assessment. ....................... u ................. ~ ........... ~ prcgrcm~ The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmenlally sensitive areas, provide for Iow density residential development, and other uses identified under the Agricultural/Rural Designation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of iow intensity in an effort to maintain and promote the rural character of these lands. Residential uses are allowed .su~}iect to the interim development provisions as follows: a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record., b. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with the Land Development Code; c. Group housing us~.s ai a density in accordance with that permitted in the Land Development Code; d. Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Deve!opment Code; e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts 6f Sections 18 and 1~ Township 51 South, Range 27 East added to Fiddler's Creek DRI together with part of Section 29, Township 51 South, Range 27 East, at a density greater than I unit per_5, gross acres provided that no new units are added to the 6,000 previouslv ~.;~r_.-_.:v,!..¢. u_n i,'% ~ ?jic h_r:~.ult~'~.,_ i._n_.a__gr_o_.?:S..¢~Q~Si~j¢_c_of~ ..,~6 u._.l~it_s._per acm for the Fiddler's Creek DRI; and further provided that no residential units shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Manaqement District iurisdictional wetlands impacted by the DRI in said Sections do not exceed 1 and subject to the interim development provisions: a. The project, or that portion of a larger project, which is devoted to commercial development, is 2.5 acres or less in size; 1. Rural Commercial Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, may be allowed providing the following standards for intensity of use are met 34 NOV 2 3 1999 b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The project is buffered from adjacent properties. B. Rural - Industrial District The Rural - Industrial District, which encompasses approximately 600 acres of existing industrial areas outside of Urban designated areas, is int,ended, and shall be reserved, for industrial type uses, subiect to the interim development provisions, provides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural o Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does' not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. Other basic industrial uses as described in the Industrial Zoning Distdct in the Land Development Code; g. Support commercial uses, such as child care centers and restaurants. C... _~_~ ,r. ~ ..__~S_, ..fiL~ .,'_'? ..L. ~'~- A~ ~a Pistrict ]'his District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the uses specified in that certain "PUD by Settlement" zoning granted by {he County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. III. ESTATES DESIGNATION The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential marcels (2.25 acres as an average) essentially consisting of the Golden Gate Estaf. c.~ Subdi',is on. T',:,: ;r~a is id~ntiiied as h~,,'ing pot.~ntial for population growth fa~' rerno~ec; from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting and development standards for specific land uses. 35 AGENOA IT k;0V 2 3 !999 IV. CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays and wetlands deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the ConserYation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of tho. Cour'y owned, primarily, by the publiq, although private in-holdi,',gs and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Pres~:rve, Collier-Seminole State Park, Rookery Bay National E~[uarine Research Reserve, Delncr-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired. Standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are permitted in this Designation,_subiect to the interim development provisions identified in the Agricultural/Rural Desiqnation Description Section: Co g. h. i. Single family dwelling units, and mobile homes where the Mobile Home Zoning Oveday exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National Preserve - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdings within the Big Cypress National Preserve. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with that permitted in the Land Development CoXe; Group I~ousing uses at a density in accordance with that permitted in the Land Development Code; Staff housing in conjunction with safety service facilities and essential services, at a d_ensity in accordance with the Land Development Code: Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; Recreation camps as defined in, and at the density allowed by, the Land Development Code. Essell[i~! 3oe,/ice$ as defined in the Land Development Code; Parks, open space and recreational uses; Community facilities such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site ar~,.: apd sci~ool size shall bo s',:bj~,ct to the General Educational Facilities .P, cport submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. -'~-'~ AGENDA IT F..~M The site shall be subject to all applicable State or Federal regulations. 36 NOV 2 3 1999 --~' T46S: T47S I T48S ' T 49 S T 5O S T 5~ S T 52 S T 53 S ~ , OD: ,,, ,LI.I AGENDA lITE' NOV 2 3i 1999 ~:gl i i /7 Exhibit A-2 GOLDEN GATE AREA MASTER PLAN Prepared for COLLIER COUN FY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 Re-adopted September 14, 1999 Final Adoption CP Re~,aedial R.99-2 November 23, 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NO'I'E: Ti iF_ SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. Words underlined are addilions, words ............. =., are deletions, and shaded, underlined portions are add,dons in response to the October 22, 1999 ORC rePOrt the Department of Community Affairs. AGENDA ITEM NOV 2 3 1999 B. LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the three land use designations shown on the Golden Gate Area Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or in special studies completed for the County. 1. URBAN DESIGNATION: URBAN MIXED USE AND URBAN COMMERCIAL Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities and areas in close proximity, which have or are projected to receive future urban support facilities and services, it is intended that U~ban Designated areas accommodate the majority of population growth and that new intensive land uses be located within them. The boundaries of the Urban Designated areas have been established based on several factors including: · patterns of existing development, · patterns of approved but unbuilt development, · natural resources, water management, and hurricane risk, · existing and proposed public facilities, · population projections, and · !and needed to accommodate growth. The Urban Designation will a~so accommodate futura non-residential uses including essential services as defined by the most recently adopted Collier County Land Development Code. Other permitted non-residential land uses may include: · parks, open space and recreational use; · water-dependent and water-related uses; · child care centers; · community facilities such as churches, cemeteries, schools and school facilities co- located with other public facilities such as parks, libraries, and community centers, where feasible and muf~ualI,L~¢cep~_a_bJ¢, fire and police stations; · utility and communication facilities. · support medical facilities such as physician's offices, medical clinics, treatment, research and rehabi!i[~',t!ve centers and pharmacies (as long as the dominaqt use is medical related) may a!so be permitted provided they are granted concurrent wi[h or located within ¼ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, Golden Gate Urgent Care. Stipulations to ensure that the construction of such - support medical facilities are concurrent with hospitals or such medical centers shall be determined at the time of zoning approval. · Group Housing shall be permitted within the Urban Mixed Use District and Urban Commercial Districts subject to the definitions and regLdations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 and consistent with Iocational requirements in Florida Statutes (Chapter 419.01 F.S.). Group Housing includes the following type facilities: · F:-.mil), Care Facil;tv if c, cc,~p!s.'~ by n:.:t more than six (6) persoc, s sha!l ~ permitted in residential areas. · Group Care Facility, · Care Units, 10 AGENDA I1 ~ NOV 2 3 ... 2. ESTATES DESIGNATION This designation is characterized by Iow density semi-rural residential lots with limited opportunities for other land uses. Typical lots are 2.25 acres in size. However, there are some legal non-conforming lots as small as 1.14 acres. Intensifying residential density shall not be permitted. The Estates Designation also accommodates future non-residential uses including: · Conditional uses and essential services as defined in the Land Development Code, · Parhs, open space aad recroational uses, · Group Housing shall be permitted subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 and consistent with Iocationat requirements in Florida Statutes <:Chapter 419.01 F.G.). · Schools and school facilities in the Estates Desiqnation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. Group Housing includes the following type facilities: · Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. · Group Care Facility, · Care Units, · Adult Congregate Living Facilities, and · Nursing Homes. All of the above uses shall be consistent with all of the Goals, Objectives and Policies of the Golden Gate Area Master Plan. a. Estates-Mixed Use District 1_) Residential Estates Subdistrict - Single-family residential development may be allowed within the Estates Mixed Use Subdbtrict at a maximum density of one unit per 2% gross acres unless the lot is considered a legal non-conforming lot of record. 2) Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The - Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) Location The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial development. ~ ,~e node at th~ N~ quadra,;t of Wilson an~; G ~.I... n Ga~.e goui,bvards is approximately 5 acres in size and consists of Tract 1, Unit 14, Golden Gate Estates. 23 ... s) c)Conditional uses shall be limited to Neighborhood Centers subject to the following: · The project shall provide adequate buffering from adjacent properties; and · Projects shall coordinate access management plans with other projects within the Neighborhood Center nodes to facilitate a sound traffic movement pattern. d) Conditional uses may be granted in Transitional Areas. The purpose of this provision is to allow conditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use between non-residential and residential areas. The · · following criteria shall apply for Transitional Conditional Use requests: Site shall be directly adjacent to a non-residential use (zoned or developed); Site shall be no closer than ~ road mile from the intersection of a Neighborhood Center; · Site shall be 2.5 acres or more in size and shall not exceed 5 acres; · Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · Site shall not be adjacent to a church or other place of worship, school, social or' Craternal organization, child c~,;'e center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and · Site shall not be adjacent to parks or open space and recreational uses; · Site shall not be adjacent to Essential Services, except for libraries and museums. · Project shall provide adequate buffering from adjacent properties allowing residential uses. Southern Golden Gate Estates Natural Resource Protection Overlay Southern Golden Gate Estates is identified as an Natural Resource Protection _A re__a .IN.. R.?8.)__O_~ert a_y. o_n_tb¢_ G_ o_ld e n_G _a.te_ A_ r¢_a _F. qtu. r__e _L~ nd_g_s ¢__Ma_p_:. ;~esoL~ro6 Pro~.ec[io¢~ Areas (NRpAs) are designated on the Golden Gate Area Land Use Map: 1. Within these areas, only aqriculture and directly-related uses and one sinqle family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed; 2. These interim deveJopment standards shall not be interpreted to affect or limit the continuation of existing uses. Existing uses shall include those uses for !~?ch..a.!!._r.~Qu. ir_e_d_p~rmits have been isstLed_,o_.r_uEe~_f_o_r whig_h_ completed applications have been received by the Counb/pr;or to June.22, 1999, The continuation of existinq uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do :n0~t _r~.q_,~_i_,?. ~_ r__~.-,.o_nL_n~ .o_r_qom~.r.~h~n_s_iv_e plan ar:qendment; '~ nese areas shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. 28 Esr 2 3 1999 MAP 11 GOI DEN Ga. TE AREA FUTURE LAND USE MAP LEGEND PINI RIDGE GOLDEN GATE PARKWAY ~SIONAL OFFICE COMMERCIAL DffiTRICl NAPLES IMMOKALEE ROAD WHITE BLVD I R26E OOLD£N GATE GOLDEN GATE AREA FUTURE I. AND USE MAP RANDALL IOUq. E VARD COflBERCIAL DISTRICT ~BOULI VARD 8.R.-84 RANDALL NAPLES IMMOKALE£ ROAD OIL I R27E I 29 BOULEVARD WELL ROAD Exhibit A-3 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 Re-adopted September 14, 1999 Final Adoption CP Remedial R-99-2 November 23, 1999 AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Symbcl D,3% .,'~monded NO. O~'dinance *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. Words underlined are additions, words :m'.ck ~.rcugh are deletions, and ~ded and underlined portion additions in response to the October 22, 1999 ORC report from the Department of Community Affai Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, anaiysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Florida Natural Areas Inve~tory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management orgamzations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by establistled water-shed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy '1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by quslified public and private organizations. OBJECTIVE 1.3: By August !, !994, Pursuant to Administration Commission Final Order AC-99-002 dated J.une 22, 1.999., complete the phased delineation, data gathering, management guidelines and implementation of the County N~° ral Resources Protection Area (NRPA) Program _aS~.p~p_f_tb_e re~quired Collier County.Rural and Agricultural Assessment. The purpose of tile Natural Resources Protection Areas (NRPAs) will be to assist State and Federal agencies' efforts to protect endangered or potentially endangered species (as listed in current "Official List of Endangered and Potentially Endangered Fauna and F;,nra ;n ~l~rida", published ~-,~y ~,h~ Flor;da Game aqd Fresh Water Fish Commission, the predecessor agency of the Florida Fish and Wildlife ConservationCommission) and their habitats. 2 Words underlined are additions, words :~-'-ck *~.rc'-'-gh are'deletions, and ~ad~ and underlined portioi additions in response to the October 22, 1999 ORC report from the Department of Community Affa 5 ar I~ .s. 2 3 19 9 Pursuant to the AdminiStratiOn commission Final Order, the COUnty has mapped and identified the Camp Keais_..St[.and, CREW Lands, Okaloachoochee Slough, Belle Meade, North Belle Meade and SoUth Golden Gate Estates as interim NRPA'S; With the express understanding that during the Rural and Agricultural Assessment required by the Final Order (Assessment), the goal of assistinq in the protection of endangered species and their habitat will be further addressed and that appropriate protection measures will be incorporated into comprehensive plan amendments to be enacted at the conclusion of the Assessment. In the interim, and dudng the Assessment, a development moratorium as set forth in the Final Order and in Ordinance 99-77 will be in place until .comprehensive plan amendments are adopted. The County has determined that the development moratorium, the interim NRPA boundaries approved November 23, 1999, and the additional restrictions that a_p_ply within the existinq Area of Critical State Concern provide sufficient protection for these resources on an interim basis until adoption of the final comprehensive program to protect these resources. The Assessment will also address the entire concept of NRPAs, along with the criteda and implementation of the NRPA program or any other program which may be determined to provide adequate protection to the resources. Policy 1.3.1: The Program will, sUbiect to completion of the Assessment and adoPtion of the comprehensiVe plan amendments, include the following: a. Ide,qtification of the NRPAs in map form as an overlay to Future Land Use Plan Map. Pursuant to the Final Order, the general areas of Camp Keais Strand, CREW Lands Okaloachoochee Slough, Belle Meade, North Belle Meade and South Golden Gate Estates have been mapped and identified as interim NRPAs on the Future Land Use Map attaci~ed. These areas shall be furtl~er refined as the Collier County Rural and Agricultural Assessment is implemented as a collaborative and community-based effort, In identifying these interim NRPA's, the County has relied on available uncontroverted data. However, it has also. taken into account existing agricultural, indus.trial and residential uses and their impacts on the resources. The available data shall be further considered and refined dUring the Assessment to determine the final boundaries of these interim NRPA's. The Assessment shall also evalL, 8!e ?,e. ~ :~ri!* ~_~_r,i~.]r29 j add;fi,.:na___l._ar%¢a_s_ i_n_t.9 [_h. fs_e (oundaries_,_.e...s.p_e_c_ia!.!y in the area known as the "Stovepipe" to the noah, nort.l~west _and noltheaSt of the Okaloachoochee Slouqh and the area southwest of the Okaloachoochee Slouqh to the southeastern porticn of the Camp Keats Strand which is south of Oil Well Road (CR 858). These additional study areas are shown on the Future Land Use Map. Within these study areas, the following shall be the primary focus of additional study: .Sto_v .e~St.ud y Area ~__ _e.z~mi;le. t,h_e_ l_e_,:::~qf~ ze_xis__tiQg and p~_r,_m, ilte_d_.a_gricL~Itural improvemer, ts arid impacts on iisted species and their habitat; (b) examine whether the existing Area of Critical State Concern program affords sufficient protection to listed species and their habitat; (_c) examine the l)oss, ibi_ii?'._/L_ofa_ccj_g_i~i~;_o~_9~ th_e.s__~ _~r0_p_~rti_e...2__b~ State Federal programs, including partial acquisition programs,.an example of which would be conservation easements; 3 Words underlined are additions, words s~gck ~cugk are deletions, and sha~ed and underlined pt additions in response to the October 22, 1999 ORC report from the Department of Community tion~t¢ 2 3 ~999 .ffairs. (d) examine Whether use of transfer of development rights would be appropriate in this area and, if so, whether there should be an.y restrictions on their use; :(e) examine and analyze the Florida panther's use of agricultural lands and whether such aqricultural lands constitute critical habitat for the sPecies: and (f) exami~,e and analyze whether additional lands are critical to any lis.ted species. Oil Well Road (CR 858_) Study Area (a) examine the extent to which existin.q agricultural and miainq operations. improvements and facilities have impacted listed species and their habitat, especially the potential for east/west movement of listed species; (b)_ examine whether existinq movement of the Florida .panther is in an east/we~t d!~ecuon as opposed ~o a north/south movement from and to public lands; (C) examine and analyze the Flodda panther's utilization of agricultural lands and whether such use is critical to the species' survival; (d) examine whether use of transfer of development d.qhts would be appropriate in this area and, if so, whether there should be any restrictions on their use; and (e) determine whether the east/west wildlife corridor provided by the Florida Panther National Wildlife Refuqe and the Bi.q Cypress National Preserve provides sufficient connectivity to protect the species' survival. In addition to the moratorium referenced above, the County shall give notice to the Florida Department of Community Affairs of all applications to develop or otherwise impact the above special study areas. b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded: d. A review p~ocess, integraLed into the normal development application review, to insure the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to deier development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with the State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPAs; 9- The Cour~ty shall seek assistance from and support State (e.g., Carl SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. ,The County recognizes that the NRPA program is not the only mechanism to protect critical environmental resources and that the NRPAs being established at this _t.imeA,~ ~?..[_'~i' i~.t~_~!.r;\ .').,~.,'_~.'(e .!r_, ..c_c.!~U,.n_9.ti_o_n._w!Lh~h. ¢_¢.ey_e_Lc:.~Lneat moratorium requi,'?d bv the Final Order. As a consequence, the desiqnation as an interim NRPA or as specia! study areas is not intended to affect .property_valuation on specific parcels. It is 4 Words underlined are additions, words ...... t~.roug5 are deletions, and ~had~ and underlined additions in response to the October 22, 1999 ORC report from the Department ot Communit NOV 2 3 !999 )ortions are anticipated that the Assessment will address all of the iSSUes identified above and that the resulting comprehensive plan amendments will provide resource protection measures best suited to meet the .qoalS and ObjectiVes of this COmprehensive plan, Policy 1,3.2: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems For the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: Guided by the Technica! Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. 5 Words underlined are additions, words :~-'-ck ~:cugk are deletions, and Shaded and underline additions in response to the October 22, 1999 ORC report from the Department of Commun AC, E~4D A ITEM P°~a~3 ^flairs. e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with the State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA_s.; g. The County shall seek assistance from and support State (e.g., Carl SOR) or Fsderal land acquisition programs for County areas qualifying as NRPAs. The County recognizes that the NRPA pro.qram is not the only mechanism to protect critical environmental resources and that the NRPAs being established at this t_ir0f~_..ar_¢ of a_r)_.jn_t_e£jm nature in coniunction with the develop.m_cnt moratorium reaj_Ji_red__d_~_~ the Final Order. As a co~sequence, tt,e desi.qnation as an interim FIRPA or as special study areas is not intended to affect property valuation on Specific parcels, it is anticipated that the Assessment will address all of the issues identified above and that the resulting comprehensive plan amendments will provide resource protection measures best suited to meet the goals and obiectives of this comprehensive plan; Policy 1.3.2: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3,3: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy t.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. 5 Words underlined are additions, words s~.'-c!c t?,'~,gh are deletions, and shaded and underlined por additions in respor, to the October 22, 1999 t ~.C report from the Department of Community A AG~r,~2-,~ ITL)4 ons ¥ Fairs. "-. DEPT OF COMM RF'FRIR3 Fax:S504885509 D E JEB BUSH Oct 22 1999 15:16 P. 02 STA.TE OF FLORIDA F ART 2ENT OF 'Helping Floridi;~ns create safe, ATTACSMENT 1 COMMUNITY AFFAIRS- vibrant, sustainable communitieS" October 22, 1999 The Honorable Pamela S. Mac'Kie, Chairwoman Collier County Board of County Conunission¢ts Collier County 2800 North Horseshoe Drive Naples, Florida 34104 Dear Chair Mae'Kit: The Depa~iment has .mmpleted its review of thc proposed CompreAensivo Plaa Am~admmt for Collier County (DCA No. 99-R2), which was received on Sept~a'aber 23, 1999. Copie~ of the pr .°P°~A. amendment have been dlstribmed to appropriate state, regional and local agencies for their review, and .. their comments are enclosed. ' Wc thank Collier C~nw for the efforts it has mad~ to work with citizens and interested parti,s.m implement the Admirfi~[raliort Commission's Final Order ACC-99-002. During our r~Wiew of-fl~e Couray's proposed a~acndn~eu~, we ro:cived co~mnenls from interested pm/Wa and their repr~entatives and met With your sta~'. I believe v~ understand how much ~fort has been put into this amendmentt and how tl~ Board of County Commissioners and citizens struggled with determining what areas arc appropriat~ for inclusion as Natural Resource Pmtecti0n Areas (Nq~PAs). By law, however, we arc required to respond:to your : proposed NRPAs in an Obje:tions, Recommenc~__tlons and Commcats (CRC) l~port. I am enclosing thc DCpa~ncnt's CRC Repo~ Jssu~l pursuant to Rule 9J-11.010, Florida Admirdstrative Code and the Stat~ Administration Commission's Final Order ACC-99-002. Wc hav~ rair~! o~ obj~:,ioa regarding the basis for delineadot~ ofNRPAs wi~Jn three geographic areas. We respectfully ask that yo~ provide the mquexted 'additional i,!'ormadon regarding iheso areas. By doing ~o, thc County may well be able to alleviate our conccnm. Chairp~raon Mae'Rio, tl~ i~ the tlr~t trar~nittal leRer I ~ve s~t wi~ ~ CRC ~R. I ~ ~t w~ DCA's c~ over ~he ~A del~on ~e m der~ ~c ~ll~vo p~s ~g pl~ ~' ~t ~y ot~r qu~i~s ~no:m~g tbe pmp~ N~ bm ~ugho~ &o ~s~t. ~ ~~t . .,:. :...'....'-..-' :.'.."... ' :... . . 28S6 GHUMARD C, AK BOULEVARD - TALLAHASSEE, FLORIDA 3~2300-2100. Pholao: (850) 488-84661~ufleom 278-84e6 ~AX: (8~0) 921-078118~oom 20~-078~ Internet address: http:/Iwww, atate.fl,USt~omaffl - . ' .. DEPT QF CQMM I~FFfllRS Fax:SS0488~$09 Oct 22 1999 15:17 P.O~ TI~ Honorable Pamela Mac'Kie, Chair O~ober 22, 1999 Page Two As rextuir~l by law, within t~n working days of tho date of adoption, Collier County must submit , the following ~o the Dcparun~nt: Three copies of the accepted comprehensive plan amendmcmta; A c~:~y oCthe adoption ordinance; A listing of additional ~hang~ vot previously r~ri~v~i; A listing of findings by the local governing body, if any, whioh v~rc not included in the ordinance; A ~tatcment indicating the relationship of the additional changes to the Departraent's ORC R~ort. review~ The above amenctmeri and documentation are required for the Department to conduct a complianc~ make a compliance &~-mtion and issue the appropriate notic~ of int~. In order to expedite t~.rogional plagning council's review of the aman~ents, and pursuant to Kul¢ 9 J- 11.011 (5), F.A.C,, p [cas~ provide a copy of the adopted amm~m~nt dire~ztly to the Exe~'utive Director og the Southwest Flodda Regional Planni~ Council. .a~ bob.cambriet~hdca,slate, fllUc this Report. Please conta~ Bob Cambric. Growth Management Adn~i~ator, or (850)4874545 if we ca~ be of assistance as you form~ffy~r~sponse to SMSfoc Enclosures: Objections, R~ommendations and Comments Report R~v Ag, mdy Comm~n~s Mr, Robert Mulhe~, Director, Collier County Community Devdopment Mr. Wayne Dai!.~7, Ex~utivo Direxxor, Southwest Florida R~ional Planning Council Ms. Nancy Payton, Florkla Wtldlif, F~ration Mr. David C~uggedaeim, The Cmmervancy of Southw~t Florida Ms. Nancy Linnav. Mr. Emie Cox Ms. T~rc~a Tinker, ]Exeoutiw Office of tim Oov~rnor DEPT OF COMM RFFAIR3 Fax:850488~ Oct 22 1999 15:17 P. 04 DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR COLLIER COUNTY Am~draent 99-R2 October 22, 1999 Division of Commuffiry Planning Bureau of Local Planning report is p~ [~.,~[ed purman[ ~o l~!c 91-11.0t0 AGiE[~DA . NOV 2 3 1999 DEPT OF COl'IH ~F'FRIR,9 Fax:SS0488SS09 Oct 22 1999 15:17 P. OS INTRODUCTION The following obje:tions, recommendations and comments are based apon the Depatm:~cm's r~view of Collier County proposed 99-R2 amendment to its 'comprehensive plan pursuant to Section 163.31.84, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9I-5, Florida Administrative Codes (F.A..C.), and Chapter 163, Part II, F.$. Each objection includes a recommendation of one approach, that might be taken to address the cited objection. Other . approaches may be more reliable in specific situations. Some of these objections trm. y have initially been raised by cftc of the other external review agencies. If there is a difference between the Department',,~ Objection and the external agency advisory objection or comment', the Deparm~ent's objecfica would take precedence. The local govcrnnlent should address each of these objections when the amcndment is resubmitted for e'er compliance review. Objections which are not addressed may result in a determination that the aracndment is not in compliance. Thc Department may have: raised an objection regarding missing data and analysis items which the local gove.mment considers not applicable to its amendment. If that is the ease, a statement justifying its. non-applicability pursuant to Rule 9I-5.00Z(2). F.A.C., must be submitted. The Departmen/will make a .: determination on the non,applicability of thc requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will ao.t form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The Comments 'can be substantive, concerning pla .nning principles, methodology or logic, as well as. editorial in nature dealing. with grammar, o~.gani2ation, ~.,mpping, and tender comprehension. .. Appended to the back of the Department's report arc the comment letters from the other state review agencies amd.other agencies, organizations and Lndlviduals. Thcac oomraen~s are advisory to the Department and may not form bases of Departmer~tal objections unles~ the~ appear under the ~Objections~ heading in this report. NOV 2 DEPT OF CO~d RFFflIF:S Fax:SSO4887xS09 Oct 22 1999 15:18 P. 06 ' ~~ RECOM~. ENDATIONS AND. COMMENTS REPORT ~RO.POSED COMPI~HENSIVE PLAN A3{ENDMENT COLLIER COUNTY 99-RI I. CONSISTENCY W~TH CHAPTER 163, F.S., & RULE 9g-5., ~A.C. Collier County h,s proposed several amendments to the Future Land Use Element, the Future Land Use Map seres, and the Conservation Element, pursuant to the requirements of the Administration Commiss.lon's Final Order ACC-No.99-002. Pursuant to the Final Order, Collier County was to map Natural Resource Protection Areas (NRPAs). The definition and purposes of NRPAs are contained in Objective 1,3, Policy 1.3.1, and the glos~'y sect[on of the adopted plan. As part of its efforts to implement the Final Order, the County developed and used seven additional criteria to delineate the proposed NRPAs. The Department has identified the following objection to ~te basis for delineating the proposed NP,.PAs. Objection: There are two im;tances where the NRPA definition and purposes as. outlined in the adoPted plan and the additional criteria are not consistent: 1. the additional criteria would exclude areas within the geographical areas specified in the Final Order to be designated as NRPAs that have been degraded and which need' to be res~:ored in order to maintain an ecologically functioning system; and 2.' the additiofial criteria would exclude upland habitat for listed species that is' not contiguous to an identified wetland system. The County employed numerous data sources to delineate the proposed NKPAs. However, when the data is analyzed in conjunction with the adopted NRPA definition andpurposes as well a~ the additional criteria, there are areas which appear to meet the requirements for inclusion that wa. re 1. 2. Therefore, thc amendment. These a~'eas irc!ude: Northern Belle Meade; Tile arcs, Known a~ the Stov©p¥% to the nortl% northwest and northeast of Okaloac.oochee Slough; and - The area southwest of the Okaloaeoochee Slough that links the Slough to the southeastern portion of thc Camp Keais Strand. propose,/[ NRPAs are not fully supported by the data and analysis submitted with the Chapters 163.3177(2); 163.3177(6)(a) & (d); and 163.3177(8), Florida Statute. R::~,?~. 9J-5.005(2)(a) & (c), & (5), 9J-5 006(2)00), (3)(1>)(4), (3)(eJ6., 9J-5.012(3)(c)1;, 9J-~.0 ~ 3(1)(a), (2)(b)4., (2)(c)6., &; (3)(a), Florida Adaninistrative Code. ,,Ur 231°°o ., DEPT OF C/3MH RFFRIR~: Fax:S504885309 Oct 22 1999 15:18 P.O? ~_ecommendat~on.'. The County should provide additional data and analysis demonstrating the omitted areas referenced' above do not m.~,et the requirements for inclusion as a NP,.PA. In the .alternative, the County shoulct rev;.ev,' the available data and analysis and revise the boundaries of the propoaed NRPAs appropriately. I_i.,CONSISTENCY_WI_ TH STATE COMPREI~NSIVE PLAN The proposed amendments do not adequately address and fin:ther the State.Compreheasivc Plan including thc followkq~ goals and policies (Chapter 163.3177(9), F.S.)! Water Resources Goal: (8)<a) and Polici~ (b)2., 10, regarding the protection, of surface and ground water resources. Natural Systems and Recr, mtional Lands Goal: (10)(a) and Policies;Co)l., 3, and 7, regarding the protection of wetlands and. wildlife. _l-l.e co mime ndatio rt: Thc County should provide additional data and analysis or revise the am,ndments as indicated earlier so as to be consistent with the above citexi goals and policies Of the State Comprehensive Plan. Florida Fish and Wildlife C__onservatio. lh Commission James L. "Jamie" Adams, Jr. Bushnell Barbara C. Barsh Quinton L. Hedgepeth, DDS H.A. "Herky" Huffman Thomas B. Jacksonville Miami Deltofla Lakeland David lC Meehan Julie K. Morris Tony Moss~...._ Edwin P. Roberts, DC John D. Rood St. Petersburg Sarasota Miami Pensacola Jacksonville ALLAN L. EGBERT, Ph.D., Executive Director VICTOR J. HELLER, Assistant Executive Director Mr. James L. Quinn Chief, Bureau of State Planning Department of Community Affairs 2555 Shurnard Oak Bo'ulevard Tallahassee, Florida 32399-2100 October 21, 1999 OFFICE OF ENVIRONMENTAL SERVICE BRADLEY J. HARTMAN, DIILECTO 620 South Merid~ar. Stre, Tallahassee, FL 32399-161~ www.state, fl.us/f~ (850)488-666 FAX (850)922-S6'1 TDD (850)488-954 Collier County Comprehensive Plan Amendment 99-R2 Dear Mr. Quinn: The Office of Environmental Services of the Flor/da Fish and Wildlife Conservation Commission (FWC) has reviewed the referenced proposed Collier County Comprehensive Plan Amendment, and has the following comments and recommendations. The proposed Natural Resource Protection Areas (NRPA), as outlined in the amendment, include less habitat than we recommended to the Collier County staff during August meetings, and in the attached staffcorrespondcnce dated September 2, 1999. In that letter, we recommended that Collier County follow a specific procedure for defining the NRPA, and we reiterate that recommendation. The Coumy's revised Draf~ NRPA Boundaries Map, dated August 27, 1999, incorporated this methodology and reflected our recommendations. This map was not adopted by the County. Instead, ar, alternate NRPA map was developed, reflecting less area in the Belie Meade_ (excluding Northern Belle Meade), less area associated with the CREW, less area in Camp Keais Strand, and less area in the Okaloacoochee Slough. The excluded areas of native uplands and wetlands are evident on Figure A-1 of the submission package. The excluded areas of the CARL boundaries for Belle Meade and CREW are evident on Figure A-6, and the excluded areas of Priority Panther itabitat are evident on Figure A-7. We believe the current proposed NRPA boundaries are insufficient for their intended p:z=?ese, :.:,d rec. o ....... c, that Collie: ".~"" "' ~:a-lier x :-: Jon of the NRPA map ,ha~ ','~ consistent with our recommended methodology. NOV 2 3 1299 Mr. James L. Quinn October 21, 1999 Page 2 Please contact me, or Mr. Jim Beever at (941) 575-5765, if you have any questions. Sincerely, Bradley J. Hartman, Director Office of Environmental Services EN'V 2-3-3/2 col199R2.sai Attachment CC: Nls. Klm Dryden U.S. Fish and Wildlife Service Office of Ecological Services Southwest Florida Suboffice 3860 'Iollgate Boulevard, Suite 300 Naples, Florida 34114 Mr. Michele R. Mosca Comprehensive Planning Section Community Development and Environmental Services Division 2800 North Horshoe Drive Naples, Florida 34104 Mr. Wayne Daltrey, Director South~vest F~c.r;d:.~ Regio:~al Pla.nning Council 4980 Bayline Drive, 4th Floor North Ft. Myers, Florida 33917-3909 U lorida Fish and Wildlife Conservation Commission Jame~ L. "Jamie" Adams, Jr, Busimell Barbara C. Barsh Jackso.ville Quinton L. lledgepeth, DDS Mismd David K. Meehan Ju~e K. Morris Tony Moss St. Petersbur~ Sarasota b/Jami RECEIVED BY GFC SEP 0 9 1999 11.3 "llerky" I/t~f~msl_ m= Tho~n:~s B. Kibk , t-__;p.~S.~:=~' ';,~-';,~' ~,..,,~.,.,. t~.~,,d Pensacola Jacksonville ALLAN L. EGBERT, Ph.D., Executive Director VICTOR J. HELLER, Assistant Executive Director September 2, 1999 OFFICF~ OF ENVIRONMENTAL SERV ICE 29200 TUCKERS GRAD! PUNTA GORDA, FL 339S-~ (94Z) 575-576~ FAN. (941) 575-5766 Mr. Bill Lorenz Collier County Department of Natural Resources Collier County Government Center Building "Iff" 3301 East Tamiami Trail Naples, Florida 33962-4994 Proposed Natural Resource Protection Areas (NRPA) in Collier County Dear Mr. Lorenz: The Office of Environmental Services of the Florida Fish and Wildlife Conservation Commission has reviewed the proposed Natural Resource Protection Areas (NRPA), as outlined in your drvft county map, and offers the following comments and recommendations. As we discussed in our meeting on August 6, 1999, we recommend that you follow the three-step procedure described below: 1) Start with the existing proposed land acquisition boundaries or Florida Panther Recovery Plan boundaries for the designated areas. For the Southern Golden Gate Estates, this will be all that is needed to define tlm: NRPA. 2) For all other areas, such as the Corkscrew Regional Ecosystem Watershed (CREW), expand the NRPA beyond the acquisition boundary wl-;et~ there is existing connected native habitats. Roadways alone do not sever connectio~, since wildlife underpasses can be incorporated in NRPA criteria. This would "pick up" habitat continua that were not in original boundaries that may have been drawn strictly on straight section lines. Some examples would be to include: ~*~',;~ No. a) undeveloped areas of Northern Belle Meade, above Interstate 7 . that W~ included in the original study performed by Kim Dryden and m selI[,qw 9 Mr. Bill Lorenz September 2, 1999 Page 2 b) connecting the proposed Winding Cypress DRI to the Southern Belle Meade, and c) including the entire Bird Rookery Swamp system attached to CREW. I understand that there is a revised Draft NRPA Boundaries Map dated August 27, 1999, that may incorporate this methodology and a recent NRPA boundary map adopted by the Collier County Planning Commission. Please provide me with color copies for our review. Please contact me at (941) 575-5765 if you have any questions. Sincerely, W. Beever III Biological Scientist IV JWB ENV 1-10-1 nrpa~',l.l, ~ Enclosure: Listed Animal Species of Collier County CC: Ms. Klm Dryden U.S. Fish and Wildlife Service Office of Ecological Services South'r, esl Florida Suboffice 3860 Tollgate Boulevard, Suite 300 Naples, Florida 34114 NOV 2 3 Mr. Bill Lorenz EXECUTIVE SUMMARY REMEDIAL AMENDMENT CPR-99-3, TRANSMITTAL· OF A RESOLUTION TO THE DEPARTMENT ~OF cOM~UNITYAFFAIRS FOR REVIEW OF COMPREHENSIVE PLAN AMENDMENTS TO T~E FOLLOWING ELEMENTS: FUTURE !.AND USE, PUBLIC FACILITIE$/~A~U.'~L GROUNDWATER AQUIFER RECHARGE SUB- ELEMENT, PUBLIC FACIiLITIES ELEMENT/DRAINAGE SUB-ELEMENT, HOUSING GOLDEN GATE AREA MASTER PLAN AND CONSERVATION & COASTAL OBJECTIVE: That the Board of County Commissioners transmit this Resolution to amend: me Comprehensive Plan for the remedial amendments to the Department of community Affairs for the Objection, RevieTM and Comment report (ORC). BACKGROUND: On ~pril~6,~, 1996, Collie~ County adopted an Evaluation and Appraisal Report (EAR) and On November 14, 1997 adopted the EAR based amendments to its Comprehensive Plan. onlbecember 24, 1997, the Department of Community Affairs (DCA) issued a notice of intent to find portions of the plan "not in compliance". Intervenors entered the process Collier County Audubon Society, Inc., and Florida Wdd,lfe Federa~ior'. in conj ruction ,¢,i'rh the DCA ,:and Collie: Cr~,,n;,. Schoo! Bo~ard in conjunc[ion with the Coum, y. A formal ~,d~ni~,is[ra~rve ;'~earing was i~eld in May 1~98 aad the Administrative Law Judge issued a recommended order on March 19, 1999 finding the challenged amendments not "in compliance". The Governor & Cabinet sitting as the Administration Comrnission issued the Final Order (AC-99-002) on June 22, 1999 that requires the County to prepare remedial amendments by November 30, 1999. CONSIDEI;~A'flONS: The following objecE,;es and policies as well as the Future Land Use Map have been amended as follows: 1. Future Land Use Element - Policy 3.1d and the Future Land Use Map Depiction of the coastal High Hazard Area, school siting guidelines and Wellhead PrOtection Areas. 2. Public Facilities/Natural Groundwater Aquifer Recharge Sub,element, add : Policy 1.1.5, Replace Objective 1.2 and Policies 1.2.1-1.2.5; delete Goal 2 Objective 2.1 and subsequent policies· 3. Public Facilities Element/Drainage Sub-element: add new Objective 1.6 and PolicieS 1.6·1,1.6.2, 1.6.3. 4. Housing Element, add new ObjeCtive 8 and subsequent policies regarding farmworker housing and special needs housing. 5. Golden Gate Area Master Plan - Policy 2.2.3 and school siting guidelines. 6. Conservation and Coastal Management Element-add new Objective 3 I and Policy 3.1.1; delete Objective 3.3 and Policies 3.3.1 through3.3.5 arnend Objective 9·4, pOlices 9.4.2 and add a new Policy 9.4.3: delete Objective 9.5 and policies 9.5.1; amend Objective 10.6, add new Policy 10.6.1, amend 10.6.~ 3nd 10.6 3; amend Ob~pcti,/e 12~1 .~nd 3 new Policy 12 1.8 aq~ The proposed amendments, identified i¢ Exhibit A (1 -~), include the cross through and underline document that was submitted to the DCA as the EAR-based a,-~,endments. The objectives and policies that are highlighted in the Future Land Use Element and the Golden Gate Area Master Plan are those that were prepared as Remedial Amendment R-99-2 that is currently under review by the DCA to establish the Interim Amendment required by the Final Order. Exhibit B is the Final Order, which identifies the Remedial Amendments required by November 30, 1999 on pages 3-9 of the Order. RECOMMENDATIONS: The Collier County Planning Commission held their public hearing on October 21, 1999 and recommended that the Board of County Commissioners transmit these remedial amendments to the Department of Community Affair's for their objection, review and comment (ORC) report as set forth in Section 163.3184, Florida Statutes. Prepared By: , Robed J.:Mulhere, AICP, Director Planning/Services Department Approved By:.:¢ Vir'~ent A Cautero, AICP, Administrator Community Development & Environmental Services Division Date: NOV 2 3 1999 Pg. ~ RESOLUTION NO. 99- A RESOLUTION APPROVING REMEDIAL AMENDMENTS TO THE COLLIER COUNT GROWTH MANAGEMENT PLAN. AS DIRECTED BY THE ADMINISTRATION COMMISSION IN ITS JUNE 22, 1999 FINAL ORDER TO THE FOLLOWING ELEMENTS: THE FUTURE LAND USE ELEMENT TO PROTECT POTABLE WATER WELLFIELDS, AND PROVIDE FOR SCHOOL SITING; TO THE FUTURE LAND USE MAP AND MAP SERIES; TO THE NATURAL GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO ESTABLISH GUIDELINES AND CRITERIA TO PROTECT GROUNDWATER RESOURCES; TO THE DRAINAGE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT TO PROTECT THE FUNCTIONS OF NATURAL DRAINAGE FEATURES; TO THE HOUSING ELEMENTS TO ADOPT PROVISIONS REGARDING FARMWORKER HOUSING BASED UPON BEST AVAILABLE DATA AS WELL AS CRITERIA FOR THE LOCATION OF SUCH HOUSING; TO THE GCLCEN GATE AREA MASTER PLAN ELEMENT AND RE~ATED MAPS TO PROVIDE FOR SCHOOL SITING; AND TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT TO PROVIDE FOR THE PROTECTION OF GROUNDWATER RESOURCES, REGULATION OF STORAGE TANKS, THE PROTECTION OF HAEITATS SPECIES, NATURAL SHORELINE AND OUNr~ SYSTEMS IN THE COASTAL ZONE, MAINTENANCE OR REDUCTION OF HURRICANE EVACUATION TIMES AND DEFIN'TION OF THE COAST/',L H!GH-HAZARD ARF~, WHEREAS, on April 6, 1996, Collier County adopted an Evaluation and Appraisal Report (EAR) for its Growth Management Plan (GMP) as required by Section 163.3191, Florida Statutes; and WHEREAS. on NovemDer 14. 1997, Collier County adopted the EAR-based amendments to its Growth Management Fian; and WHEREAS, on December 24, 1997. the Department of Community Affairs (DCA) issueci its Notice and Statement of Intent to l~nd the County's EAR-based amendments not in compliance as defined by Section 163.3184(1}(b), Florida Statutes; and WHEREAS on Dec.mb.' 24 1997. the Depart. mr ':t of Community Affairs iDCA) issued its Notice and S~atement of Intent to fined certain of the EAR-based ODjecfives and Policies to the WHEREAS, pursuant to SuDsection 163.3184(10)(a), Florida Statutes. the DCA petitioned [or a formal administrative hearing to review the EAR-based amendments found in non- WHEREAS, the petition was forwarded to the Division of Administrative Hearings (DOAH), an Administrative Law Juage was assigned and a five-day formal aaministrat,ve heanng took place in May 1998; and WHEREAS, the Administrabve Law Judge issued a Recommen, 1999, finding the EAR-based amendments at issue in non-compliance; ar Ord er~jl~j~ l!l~Jt NOV 2 3 1999 Pg. ,~ _ WHEREAS, the matter ,vas considered by the Governor and Cabinet sitting as the Administration Commission on June 22, 1999 pursuant to Subsection 163.3184(10)(b), Flqdda Stat,.~tes; anc~ WHEREAS, pursuant to Subsection 163,3184(11), Florida Statutes, the Administration Commission is authorized to take final agency action regarding whether or not comprehensive plan amendments are in compliance; and WHEREAS, the Administration Commission, upon review of the Record of the administrative hearing, the Recommended Order including the Findings of Fact and Conclusions of Law containe(J therein also found the EAR-based objections and policies at issue not in compliance; and WHEREAS, the Administration Commission on June 22, 1999 entered a Final Order directing Collier County to adopt Remecha* Amendments to the Growtri Management Plan by November 30, 1999; and WHEREAS, Collier County has prepared and [t~e Collier CouPtv Planning Commission has considered the proposed Remeqial Amendments to the Growth Management Plan pursuant !~ the authority granted to it by Section 163.3!74, ;-Ior~da S~atb,es, and has reco~mended ak :~ro~,:~ ~f s~;ci Ram:~olal Amendmer'.ts to th~ Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Remedial Amendments, the DCA will review ~he Rome J~al Ar,~endr'-,er~:s as set forth in Secbon 163.3184, Florida Statutes. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL '!~rVl FLORIDA. The Board of County Commissioners hereby approves the proposed Remedial Amendments and any maps related thereto attached hereto anci incorporated by reference herein as composite Exhibit A for the purpose of transm,~tal to the Department of Community Affairs thereby initiating the required State evaluation of the Remedial Amendments prior to final adoption and ~t~te ~eterrm~lat;o~ ~" com~,hance with the Fr~a~ Order of the Administration E. or~'!r"e~ss~or/, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rd!e ~,5, ?;a;:~u ~,,!: ,r:; '~tive Code Min~r:-,'m C,iter~a for Review of Local Government Comprehensive Plans and Determination of Compliance, NOV 2 3 1 99 THIS Resolution adopted after motion, second and majority vote. Done this __ day of ,1999. ATTEST: DWIGH¥ E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: MarjoriedVI. Student Assistant County Attorney 1999 Resolution Remedial Amendments/June 22, 1999 Administration Commission's Final Order AGENDA iTF.~ NOV 2 3 1999 Exhibit A-1 COLLIER COUNTY GROVV'FH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Prepared By Collier County Comprehensive Planning Sectior~ Pl=nnin~ Rervices Depnrtment October, 1997 Re- Adopted September 14, 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS _ NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION T.__A_.IB~E OF CONTENTS Page SUMMARY OVERVIEW A. PURPOSE B. BASIS C. UNDERLYING CONCEPTS Protection of Natural Resource Systems Coordination of Land Use & Public Facilities Management of Coastal Development Provision of Adequate & Affordable Housing Attainment of High Quality Urban Design Improved Efficiency and Effectiveness in the Land Use Regulatory Process Protection of Private Property Rights D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planning Level of Service Standards Vested Rights 2 3 3 3 3-6 6-9 E. FUTURE LAND USE MAP 9 II. *IMPLEMENTATION STRATEGY * GOALS, OBJECTIVES AND POLICIES 10-16 * FUTURE LAND USE DESIGNATIONS DESCRIPTION SECTION 17-39 Urban Designation Density Rating System Agricultural/Rural Designation Estates Designation Co,qservation Designation Overlays and Special Features * FUTURE LAND USE MAP SERIES 40 *Future La~d Use Map *Mixed Use & Interchange Activity Centers *Properties Consistent by Policy (5.9, 5.10, 5.11 ) *Natural Resources - Wetlands Support Document: Public Facilities Natural Resources - Waterwells, Cones of Influence River, Bays, Lakes Flood[~lains, ;.~la~bors, and Minerals (includes lands acquired for conservation and lands proposed for acquisition for conservation) Soils III. SUPPORT DOCUMENT: LAND USE DATA AND ANALYSIS (Separate Table of Contents) 1 SUMMARY The Future Land Use Element includes three major sections: Overview, Implementation Strategy, And Land Use Data and Analysis. The Overview simply provides an introduction as to the purpose, basis, underlying concepts and speciai !~SL,~S ,3ddresscd by the Element. The Implementation Strategy is where the Element is brought into effect. Included are the Goals, Objectives, Policies and Future Land Use Map. The third section consists of Support Document: Land Use Data and Analysis. The information found there provides a basis for the Implementation Strategy and serves to meet the requirements of Section 9J-5.006, Florida Administrative Code, minimum requirements for the Future Land Use Element. 2 AGENDA I. OVERVIEW A. PURPOSE The geographic framework for growth in Collier County is established by the Future Land Use Element. As such, the Element is central to planning for and management of natural resources, public facilities, coastal development, housing and urban design. The Element is also important to the County's system of land development regulations and to private property rights. The purpose el the Future Land Use Element is to guide decision-making by Collier County on regulatory, financial and programmatic matters pertaining to land use. Most directly, this Element controls the location, type, intensity and timing of new or revised uses of land. The land use strategy in this Element is closely coordinated with a strategy for provision of public facilitias as found in the Capital Improvements and Public Facility Elements of the Comprehensive Plan. B. BASIS This Element is based in large part on the Future Land Use Element adopted as part of the 1983 and 1989 Collier County Comprehensive Plans. The land use strategy put forth in those Plans have served Collier County well, therefore, a general continuation is provided. The best characteristics of the 1983 and 1989 Comprehensive Plans included the use of a binding Future Land Use Map with designated "Urban" areas and the confinement of intensive Zoning Districts, thus intensive land uses, to those areas. In addition, this Element is based on the Support Document: Land Use Data and Analysis, and the summation of the detailed planning conducted for each of the other portions of the Comprehensive Plan. Data, analysis and implementation strategies from the various elements have contributed to the geographic framework through the configuration of the designations on the Future Land Use Map and the associated standards for use of land. The State Comprei ,ensive Plan and the Southwest Florida Regional Comprehensive Policy Plan form another basis for the Future Land Use Element. Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulation Act" and Chapter 9,1-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance," provide detailed requirements on the scope and content of the Element. Finally, major contrlbutions to this Element have been provided by the public through the Collier County Citizens Advisory Committee in conjunction with the Evaluation and Appraisal Report adopted by the Board of County Commissioners in April, 1996, the Collier County Planning Commission, which is the local planning agency, and other groups and individuals. C. UNDERLYING CONCEPTS The land use strategy established by this Element is based on a series of concepts which emerge from the toundatior', cited earlier. The policy direction and i~nplementation mechanisms c',osety relate to these underlying concepts. Protection of Natural Resource Systems Collier Counb ,s situated in an unique, sensitive a~d intensely interactive physical environment. Natural resources are abundant: a subtropical climate with annual wet and dry seasons; enormous groundwater productivity; vast wetland areas; large ranges of habitat with diverse and unique flora and fauna; extensive and highly productive estuarine systems; and many miles of These natural resources perform functions which are vital to the health, safety and welf~ re o~.e human population of the County, and serve as a powerful magnet to attract and retain vi ~itors 3 NOV 2 3 1999 residents. Therefore, protection and management of natural resources for long-term viability is essential to support the human population, ensure a high quality of life, and facilitate economic development. Important to this concept is m~,nagement of natural resources on a system-wide basis. The Future land Use Element is designed to protect and manage natural resource systems in several ways. Urban Designated Areas on the Future Land Use Map are located and configured to guide concentrated population growth and intensive land development away from areas of great sensitivity and toward areas more tolerant to development. Within the Urban Designated Areas this Element encourages Planned Unit Development zoning and assigns maximum permissible residential density based on the gross land area. Through site plan review procedures in the Land Deve!opm,.:,nt Reguiotions land aituration and construction is guided to the portions of the property more tolerant to development, thus, in effect, an on-site transfer of development rights. Also, a broader Transfer of Development Rights provision exists in the Land Development Regulations. An Area of Critical State Concern Overlay is included on the Future Land Use Map to ensure implementation of all applicable Land Development Regulations in the Okaloacoochee Slough, Big Cypress Swamp, Fakahatchee Strand and Ten Thousand Islands areas. The County's Land Development Regulations provide standards for protection of groundwater, particularly in close vicinity to public water supply wells as explained in the Natural Groundwater Aquifer Recharge Element. Of crucial importance to the relationship between natural resources and land use is the completion and implementation of multi-objective watershed management plans as described in the Drainage Element. Water is the greatest integrator of the physical environment in that it links together dynamic ecological and human systems. Therefore, the watershed management plan must take into account not only the need for drainage and flood protection but also the need to maintain water table levei.~ and an apr)roximation of natural discharge to estuaries. The watershed management plans v,':,',i ~,a ~: in,p!i,:~'tions fo~ bctn water managem, ent and land use practices. Finally, natural resources are also protected through close spatial and temporal coordination of land development wid' the availability of adcquste infrastructure (public or private facilities) to ensure optimized accommodation of human impacts, particularly in relation to water supply, sewage treatment, and management of solid waste. This coordination is accomplished through the provision of public facihties as detailed in the Capital Improvements and Public Facility Elements and through the Level of Service Standards found herein. Coordination of Land Use and Public Facilities At the hear~ of Florida's Growth Management Act (Chapter 163, Florida Statutes) is the requirement th~* ~q'.~ate service by pubtic facilities must be 3vailable at the time of dernand by new development. This requirement is achieved by spatial coordination of public facilities with land uses through the Future Land Use Map; and temporal coordination through Level of Service Standards. The Level of Service Standards are binding - no final local Development Order may be issued which is not consistent with the Concurrency Management System. Binding Level of Service Standards here been r~st~'~,blished for reqds, water s~ ~pf)ly, sewage treatment, water management, solid w~ste and parks. Wlqile ~i'~e standards in u~e Cap;tal Improvements and Public Facility i~icments serve to guide public provision of infrastructure, within the context of the Future Land Use Element the Standards serve to assure the availability of adequate facilities whether public or private. The Urban Service Area concept manifested in this Element is crucial to successful coor¢ land development and the provision of adequate public facilities. It is within Urban Desigl Areas on the Future Land Use Map that the more intensive Zoning Districts are permissil ;e, t~ 2 3 1999 the more intensive land uses. Since Urban Designated Areas are where intensive land uses are guided, it is also where fiscal resources are concentrated for the provision of roads, water supply, sewage treatment and water management. Also, facilities and services such as parks, government buildings, schools and emergency services are primarily located within Urban Designated Areas. Outside of the Urban Designated Areas only lower intensity land use is permissible, thus fewer roads and a lower level of water management is provided, and there is no, or very limited, central water and sewer. It is important that the Urban Designated Area not be so large that public facilities cannot be efficiently and effectively planned for and delivered; and not be so small that the supply of land available for development is extremely limited with resultant lack of site selection options and competition leading to elevated land prices. It is also important that the time frames for land use and public facility planning be coordinated as discussed later in this Overview. Management of Coastal Development Two major coastal development issues in Collier County are the protection of natural resources and the balancing of risk in natural hazard areas. Extensive populated areas in Collier County are vulnerable to periodic salt water inundation from tropical storms. It is extremely important that an acceptable balance between at-risk population and evacuation capability be achieved. In addition, public and private investment in such vulnerable areas must be carefully considered. This issue is addressed here and in the Conservation and Coastal Management Element through several measures. A Coastal Management Area is identified on the Future Land Use Map essentially as all lands seaward of US 41. This line is based on the close fit to the storm Category 1 SLOSH area (potential for salt water flooding from 1 storm in 12 years) and evacuation planning areas. Within the Coastal Management Area maximum permissible residential density is limited in recognition of the level of risk, the existing deficiency of evacuation shelter space and existing patter,is of de.qsity. A Coas',al High Hazard Area is identified in Conserwtion and Coastal Management Element and policies are provided. Finally, coastal natural hazards are addressed through Land Development Regulations already in effect relating to coastal building standards, per Chapter 161, Florida Statutes, and protection of structures from floods, per County participation in the FEMA Flood Insurance Program. Provision of Adequate and Affordable Housing An emerging issue in Collier County is the availability of adequate and affordable housing for Iow and moderate income populations. The Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element. At_ta_~,n_m__e_nt_o.f._Hip._h_Q~!_a!_ity Urban Desicj_n_ The report of the Regional/Urban Design Team for the Naples area, dated April 1987, and subsequent recommendations of the R/UDAT Citizen Committee, provide another underlying conccpL Whiie the Growth Management Plan as a whole provides the requisite foundation for superior urban design through a sound framework for growth (protection of natural resources, thoughtful guidance of land uses, adequate public facilities and adequate housing), the Future Land Use Element provides several additional measures. Major attention is given to the patterns of commercial development in Collier County. Concern about commercial development relates to transportation impacts both on a micro (access to road neb, york) and macro (distribution of trip attractors and resultant overall traffic circulation) levef.~md it relates to aesthetics and sense of place. Within the Traffic Circulation Element a commitment to.'"' ..... "'~' adopt standards for road access has been accomplished through the Access Control Police ado'~~ by Resolution and the Access Management Plans for Mixed Use Activity Centers included in th¢,~3V~ 2 3 1999 5 Land Development Regulations. The Future Land Use Element includes improved Iocational criteria for commercial development. The Mixed Use Activity Centers are intended to provide for concent,'~tcJ commercial development but with carefully configured access to the road network. Superior urban design is therefore promoted by carefully managing road access, avoiding strip commercial development, improving overall circulation patterns, and providing for community focal points. A second urban design initiative relates to Corridor Management Plans. The Future Land Use Element committed to the completion of such plans for two roadways initially and to extend the concept to other roads in the future. The plans will identify an urban design theme for a particular road and recommend a package of Land Development Regulations (land use, height, setback, landsc~ping, si.cjnage, lighting, etc.) and public works (landscaping, lighting, signage, etc.) to achieve that thence. The City of Naples and Collier County have cooperated on the first roads to be treated with this approach. The Streetscape Master Plan adopted by the Board of County Commissioners identifies appropriate landscaping treatments for the different corridors in the County. Collier County has also adopted Design Standards for all commercial development into the Land Development Code. These development standards include building design, parking lot orientation, pedestrian access, vehicular movement, landscaping and lighting. These standards will provide for quality development that is responsive to the Community's character. Improved Efficiency_and Effectiveness in the Land Use Rec..julatory Process Attention has been devoted to improving the land use regulatory process through straightforward requirements and procedures. This has led to the style and structure of this Plan; a reorganization of the d~,velopment review process; and the compilation of all Land Development Regulations into a single, unified Land Development Code. Protection. ,of.Private Property Rights Important to every facet of this Element is maintenance of a careful balance between private property rights and the general public interest. Although sound land use management by definition establishes limits on use of property, care has been taken to ensure the limits are rational; fair; based on the health, safety and welfare of the public; and that due process is provided. Of particular importance is the issue of vested rights, which is addressed later in this Overview. D. SPECIAL ISSUES Coordination of Land Use and Public Facility Planning It is important that the time frames of land use planning and public facilities planning be coordinated. During the development of the Urban Area Buildout Study it became clear that an incongruity existed i,~ that u,q,~er the1989 Collier County Compreh6nsiv~ P!an, enough land ir~ the western coastal area was designated Urban for approximately 275,000 dwelling units (inclusive of the City of Naples) with a population of 458,000, with buildout occurring between 2019 and 2046, depending on the growth rate of the County. Of this, approximately 120,000 dwelling units were built as of April 1, 1996 (inclusive of the City of Naples). In the Immokalee Urban Area, enough land had been included for approximately 39,000 dwelling units with a build-out time horizon of 2105. These buildout time frames are contrasted by the time frames for public facility planqing which are at 10 yc~',~ f,.~, .Ii ;ac;;i~;es excep'~ Io~ds w~ere a 2020 ,'inancia~ly foasibie plan exists for the County. The 2020 plan is designed to accommodate approximately 246,500 dwelling units and a population of 323,100 (inclusive of the City of Naples). on la~8 As previously discussed, Level of Service Standards for public facilities which are binding development are adopted for roads, water supply, sewage treatment, water management and solid waste. Of these, the first are most closely tied to the development of a property 6 NOV 2 3 1999 adequate roads, water, sewer and water management must be on or adjacent to a property in order for it to be developed. Parks and solid waste are a matter of ensuring adequate countywide capacity. To narrow the issue further, it is recognized that the approach to adequate water management is regulatory - a level of on-site storm flood protection is required. In the case of water and sewer, the County has provided utility systems, which are substantial and expanding. Thus, the critical issue becomes coordination of land use and transportation time frames. The difficulties that this incongruity - in land use planning and transportation planning time frames - could lead to, include: An internally inconsistent Plan; - Failure to reserve adequate right-of-way at time of zoning; Condemnation of land after zoning or after development in order to obtain adequate right of way; Temporary prohibitions on issuance of Development Orders due to violations of Level of Service Standards; and Progressive lowering of Level of Service Standards. The Comprehensive Plan responds to the time frame discrepancy through immediate action and through process oriented commitments. First, the Traffic Circulation Element includes an Objective to coordinate with the Future Land Use Element and a policy to complete long range transportation planning. The Urban Area Buildout Study was prepared to assist in the development of a long range "vision" of the Coastal Urban Area with a specific focus on the infrastructure improvements needed to accommodate the Urban area's potential growth based on the Future Land Use Map. Phase I, completed in 1994, provided a comprehensive review of the urban area population while Phase II was an analysis of infrastructure needed to accommodate that population. Second, the Density Rating System has been adjusted to moderate maximum permissible densities in areas subject to long range congestion. Third, commercial development opportunities in the form of Mixed Use Activity Centers are provided to include a mixture of uses which has the potential to te.:.s~n the impact on the trans?o~ta!:on system. Fourth, the Lsvel of S3rvice St~,~,ards that are binding on the issuance of Development Orders are adopted as part of this Element, as well as the Capital Improvements Element. Finally, a Zoning Reevaluation Program has been established and implemented which reviewed and modified, where possible, zoning with a higher density or intensity than provided for in the 1989 Comprehensive Plan. The areas ide, Kified a~; subject to long r~nge traffic congestion consist .Jr the west¢~ n cosstai Urban Designated Area seaward of a boundary marked by Airport Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). The basis for this determination was the 2015 Transpodation Plan which forecasts future land use based on existing development, potential development and population projections. The land use forecasts are the basis for projected unconstrained traffic circulation from which, once compared to the existing roadway network, future roadway needs are derived. The 2020 Financially Feasible Road Plan, as well as the Needs Assessment Plan, which represents buildout of the Urban Area, have not met with public acceptance. Therefore, the strategy discussed above is promoted, which include: extend time frame of transportation planning; moderate maximum permissible densiti'~s in areas cubic;ct to Ioncu range congestion; provide comn;ercial deveiopment opportunities which serve to modify the overall traffic circulation pattern; and re-evaluate existing zoning. NOV 2 3 LoO9 Leve~ of Service Standards ~ Standards for adequate service for roads, water, sewer, water management, parks and solid waste are adopted as a part of the Capital Improvements Element. While a major purpose of the standards in the Capital Improvements Element is to drive the funding of facility expansion commensurate with the demand created by population growth, the major purpose for inclusion in this Element is to serve as a regulatory tool. Objective 2 states: ... No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System found in the Capital Improvements Element... As discussed in the previous section, implementation of the Standards will rely on the following strategies: Parks - Annual Certification of Adequate Capacity; Solid Waste - Annual Certification of Adequate Capacity; Water Management - Project-Specific Regulatory Requirement; Sewage - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); Water - Project-Specific Capacity Test (may be provided publicly or privately as a central or individual system); and Ros, ds - Prcject-Specific Capacity Test. It is recognized that difficulties may arise in situations where the County is not providing the facility or service but is responsible for implementation of a regulatory Level of Service Standard. This is the case with State Roads running through the County; with independent and City of Naples water and sewer districts within the County; and conversely, with County Roads running through the City of Naples. In :hese ins~.ances effor! has been made to coordinate the "regulatory" Level of Service Standard with ~ne "fun;ding" Level of Service Standard. However, if there is a failure by the service provider, adjustment to the regulatory effort may be forced. For example, if the State Department of Transportation allows a road to fall below its "funding" standard, (which is the same as the County's "regulatory" standard) and there is no commitment to accelerate funding and construction, four options are available: - A mo~-otcri~ ~r.,.~ may be imposed bu* may not be sustainable if the;e k. n~) comrnitment to i~nprove the road by a definite and reasonable time; - The County may improve the road; - The private sector may improve the road; or - The regulatory Level of Service Standard may be lowered through a Comprehensive Plan amendment process. Vested Rights The issue of vested rights for approved but unbuilt development is an important consideration in the Future Land Use Element. The issue emerges with regard to existing zoning which is inconsistent with this Plan; with regard to the magnitude of approved but unbuilt residential dwelling units in relation to the difficulty of forecasting development trends and resultant facility needs; with regard to b~nsport~,t[._~n plannir~9 time Pames :-~;d ri~t,:.-of-'c, ay n~eds; al ~d w:,'[i~ ,~::g~rd ;.r'.. ~pproved [':,ut unbuilt commercial zoning (C-1-C-5 and PUD) in 1995 which found that of the approximately 4,152 acres of commercially zoned land, 1,780 acres, or 43%, are developed. This Comprehensive Plan responds to the vested rights issue by establishing a program ~ ....... reviewed all previously approved zoning. Within three years after Plan was adopted, all z(~'ning~G~'-sr~.,~A r~ ~e~4 reviewed. If it is was determined to be inappropriate and is not vested, the zoning was adj~stetb"te~ a~ appropriate ciassification. Annually thereafter, zoning will be re-evaluated on the fifth NOV 2 3 1999 pg. anniversary of its approval as identified in the Land Development Regulations. (See Appendix C of the Support Document for a complete discussion of the vested rights issue). E. FUTURE LAND USE MAP The Future Land Use Map depicts the desired extent and geographical distribution of land uses in the County. Mixed use categories are used to generally describe the character of allowed development. Within each of these categories, a range of uses are permitted based upon specific standards as described in the Designation Description Section of this Element. These uses include residential, commercial, industrial, agricultural, recreational, conservation, educational, community, and public facilities. The Future La?d I!,e Map series inch ~des additional map series: Future Land Use Map - Mixed Use Activity Centers Interchange Activity Centers Future Land Use Map - Properties Consistent by Policy (5.9, 5.10, 5.11) Future Land Use Map - Natural Resources: Wetlands; The following Future Land Use Maps are located in the Support Document: Future Land Use Map - Public Facilities, which shows existing and planned public facilities; Future Land Use Map - Natural Resources: Waterwells, Cones of Influence, Rivers, Bays, Lakes, Floodplains, Harbors and Minerals (this map also shows those properties proposed for public acquisition by the State Department of Environmental Protection Conservation and Recreational Lands Program (CARL) and the South Florida Water Management District's Save Our Rivers Program); Future Land Use Map - Natural Resources: Soils. NOV 2 3 1999 II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBI.E LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE: i: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are identified in the Designation Description Section. 'Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN- 1. 2. 3. 4. 5. 6. 7. 8. MIXED USE DISTRICT Urban Residential Subdistrict Urban Residential Fringe Subdistrict Urban Coastal Fringe Subdistrict Business Park Subdistrict Office and Infill Commercial Subdistrict PUD Ne:ghborhocd Village Center Subdistrict Traditional Neighborhood Subdistrict Goodlette/Pine Ridge Commercial Infill Subdistrict URBAN 1. 2. 3. - COMMERCIAL DISTRICT Mixed Use Activity Center Subdistrict Interchange Activity Center Subd;strict Business Park Subdistrict C. URBAN - INDUSTRIAL DISTRICT 1. Business Park Subdistrict Pof~cy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL/RURAL- MIXED USE DISTRICT 1. Rural Commercial Subdistrict z0 NOV 2 3 1999 B. RURAL - INDUSTRIAL DISTRICT C. RURAL - SETTLEMENT AREA DISTRICT Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts: as described in the Golden Gate Area Master Plan. Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Areas of Environmental Concern Overlay C. Airport Noise Area Overlay OBJECTIVE 2: The coordinaiion of land uses with the availability of public facilities shall be accomplished through the Concurrency Management System of the Capital Improvements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2,1: The County shall prepare annually the Annual Update and Inventory Report (AUIR) on Public Facilities which shall include a determination of the existing conditions of capital public facilities, determine the remaining available capacity, forecast future needs in the five year capital improvement schedule and identify needed improvements and funding to maintain the level of service adopted in Policy 1.1.5 of the Capital Improvements Element. Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capac:,ty. Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: Land Development Reaulations have been adopted to implement this Growth Management Plan pursuant to C~aFte~ 163.32.02. F.3. the availability of land for utility facilities, promote compatible lan(] uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. orderly development and subdivision of real estate in order to ensure proper legal description, identification, documentation and recording of real estate boundaries a Policy 3.1: Land Development Regulations have been adopted into the Land Development Code that contain provis:,ons to implement the Growth Management Plan through the development review process and include the following provisions: a. The Collier County Subdivision Code shall provide for procedures and standards for11're"~,-- NOV 2 3 1999 ... adequate infrastructure for development. Protect en,,ironmentally sens~tiv,~ lar',d:s and provide for open space. This shall be accomplished in part through integration of State of Florida Big Cypress Area of Critical State Concern regulations into the Collier County Land Development Code. c. Drainage and stormwater management shall be regulated by the implementation of the South Florida Water Management District Surface Water Management regulations. ...... u" O ..... ~ ................. ~ .......... C .... ..... ,,~,,~ ..,,,~,, ,,,~) ~,,~,,~, .,,~ ..~,,,,~,~ ~,,~r '~ ......... ~ ~ *~;' ~*~*;~ ¢ .... ""*;~" Identified potable water wellfields depicted on the Future Land Use Map Series as wellheBd protection areas. Policy 3.1.1 of the Conse~tio~ and Coastal Manaqement Element specifies prohibitions and restrictions on I~md us~ in order to protect these identi~d wellfields. e. Regulate signage through the Sign Ordinance, which shall provide for frontage requirements for signs, shared signs for smaller propedies, definitions and establishment of an amo~ization schedule for non-conforming signs. The safe and convenient on-site traffic flow and vehicle parking needs shall be addressed through the site design standards as well as site development plan requirements which include: access requirements from roadways, parking lot design and orientation, lighting, building design and materials, landscaping and buffering criteria. E %-'.. rc the availability of suitable land fo[ ut lity facilities necessa,~' to support pr',r)posed ,de,¢c,opn,er:t by prov~a;, ~g for a Pub',ic Use Zonin9 District for the Ioca[ion of public facilities and other Essential Services. The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic/Archaeological Preservation Regulations which include the creation of an Historic/Archaeological Preservatlon Board; provides for the identification of mapped areas of Historic/Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. The mitigation of incompatible land uses with the area designated as the Naples Airport ~'~-,!se Z,mp. shall be accomplished through regu!ations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County and through an intel-local agreement to notify the Naples Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Aviation Administration. No development orders shall be issued which are inconsistent with the Growth Management Plan, except for where a Compatibility Exception or Exemption has been granted or where a positive Determination of Vested Rights has been made pursuant to the Zoning Reevaluation Program. j Policy 3.2: The Land Development Regulations have been codified into a single unified Land Development Code (Ordinance 91-102). The development review process has been evaluated and improved to focus on efficiency and effectiveness through unification of all review staff in a single organizational unit and through streamlining procedures. OBJECTIVE 4: In order to imprcve coordination of ',ar;d uses with natural and historic resources, public facilities, economic development, housing and urban design, the Future Land Use Element shall be continually refined through detailed planning. Future studies might address specific geographic or issue areas. All future studies must be consistent with the Growth Management Plan and further its intent. Policy 4.1: A detailed Master Plan for Golden Gate Estates has been developed and was incorporated into this Growth Management Plan in February, 1991. The Master Plan addresses Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations. Policy 4.2: A detailed Master Plan for the Immokalee has been developed and was incorporated into this Growth Management Plan in Februaw. 1991. The Master Plan addresses Natural Resources, Future Land Use, Pubtic Facilities, Housing, Urban Design, Land Development Regdlations and other considerations. Major purposes of the Master Plan shall be coordination of land use and transportation planning, redevelopment or renewal of blighted areas and elimination of land uses inconsistent with the community's character. Policy 4.3: A detailed Master Plan for Marco island has been developed and was incorporated into this Growth Management Plan in January 1997. The Master Plan addresses Population, Public Facilities, Future Land Use, Urban Design, Land Development Regulations and other considerations. Policy 4.4: Corridor Management Plans have been developed by Collier County in conjunction with the City of Naples. The Plans identify' appropriate urban design objectives and recommend Land Development Regulations and Capital Improvements to accomplish those objectives. Plans have been completed for the following road corridors: Goodlette-Frank Road south of Pine Ridge Road, and Golden Gate Parkway from US 41 to Santa Barbara Boulevard. Future Corridor Management Plans may be prepared as directed by the Board of County Commissioners. The goals for each Corridor Mana~er,-.ent Plan wil! bc estab~',shed prior f3 the development of the Plan. Corridors tl~at may be considered jointly with the City of Naples include: a. Pine Ridge Road from US 41 to Goodlette-Frank Road; b. Davis Boulevard from US 41 to A;rport Road; c. US 41 from Creech Road to Pine Ridge Road; and d. US 41 from Davis Boulevard to Airport Road. The Board of County Commissioners will determine the boundaries of the corridors selected and the time frame for complex;on. Policy 4.5: An Industrial Land Use Study has been developed and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industri~! uses, projections of demand for industrial land, and recommendations for future land use allo, and Iocational criteria. Upon completion of the Economic Plan, a study will be undertaken to 3.3 NOV 2 3 1999 the need for additional Industrially designated land within the Coastal Urban Area. Policy 4.6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Management Policy (Resolution #92-442, a,~J,'.-pted ,/,,:Jgust 18, 1992). c. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivisions, which are created, shall be encouraged to dedicate cross-access easements, rights-of-way, and limited access easements, as necessary and appropriate, in order to ensure that the above-mentioned standards (a. - c.) are complied with. Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to development standards, and incentives that may be necessary to encourage redevelopment. For properties that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of use permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas that may be considered by the Board of County Commissioners for redevelopment include: a. r~ine R~dge Road between U.S. 4! North and Goodlette-Frank Road; b. Bayshore Drive between U.S. 41 East and Thomasson Drive; c. U.S. 41 East between Davis Boulevard and Airport-Pulling Road; d. Davis Boulevard between U.S. 41 East and Airport-Pulling Road; e. U.S. 41 North in Naples Park; f. C.R. 951 between Green Boulevard and Golden Gate Parkway; and, g. Bc~ita Reach Road between Vanderbilt Drive a~d the we~t end of Little Hickory Shores #1. Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. Policy 4.9 Prepare a Rural and Aqricultural Area Assessment, or an.y phase thereof, and adopt plan amendments n. ecessary to implement the findinqs and results of the Assessment, or any phase _t.h__e:~?,_ ,7 '~.'_~£~f tc ihe Fi~l,91 Orde.~..(AC-99-002~ issued by. the ,~.dministratio,q Cummission on June 22, 1999. The geographic scope of the assessment area, public participation procedures, interim development provisions, and the designation of Natural Resource Protection Areas on the Future Land Use Map are described in detail in the Aqricultural/Rural Designation Description Section. Shaded and underlined portion is added by Remedial Amendment R-99-2 Policy 4.10 Public participation and input shall be a primary feature and goal of the planning and assessment effort. Representatives of state and regional agencies shall be invited to participate and assist in the assessment. The County shall ensure community input throuqh each phase of the Assessment which may include workshops, public meetings, appointed committees, technical working qroups, and established advisory boards includinq the Environmental Advisory Committee and the Collier County Planninq Commission in each phase of the Assessment. OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses and further the implementation of the Future Land Use Element, the following general land use policies shall be implemented upon the adoption of the Growth Management Plan. Policy 5.1: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and those found to be inconsistent with the Plan by the Board of County Commissioners shall not be permitted. Polic:~, 5.3. Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future Land Use Map, and by requiring that any changes to the Urban Designated Areas be contiguous to an existing Urban Area boundary. Policy 5.4: New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102, adopted October 30, 1991, as amended. Policy 5.5: Encourage the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land bef(.,re servicing other areas. Policy 5.6: Permit the u,e of cjuster housing, Planned Unit Development techniques, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zoning and subdivision regulations as necessary to allow innovative land development techniques. Shaded and underlined portion is added by Remedial Amendment R-99-2 15 Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. P~ esentation of economic an(J demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy 5.8: Group Housing, which may include the following: Family Care Facility, Group Care Facility, Care Units, Assisted Living Facility, and Nursing Homes, shall be permitted within the Urban Designated Area subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991) and consistent with the locational requirements in Florida Statutes (Chapter 419.001 F.S.). Family Care Facilities, which are residential facilities occupied by not more than six (6) persons, shall be permitted in residential areas. Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re-evaluation Program described in Policy 3.1 K, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Policy 5.10: Properties for which exemptions based on vested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re-evaluation Program established pursuant to Policy 3.1K, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations and timel~,nes that are provided for in the Zoning Re-evaluation Program. Nothing contained in this policy sna,i exempt any aeveloprnent from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. Policy 5.11: Properties determined to comply with the former Commercial under Criteria provision of the Future Land Use Element shall be deemed consistent with the Future Land Use Element. These properties are identified on the Future Land Use Map Series as Properties Consistent by Policy. These properties are not subject to the building floor area or traffic impact limitations contained in this former provision. Policy 5.12 Prope~[e- rezoned under the former Industrial Under Criteria, or with the provision contained in the former Urban-Industrial District which allowed expansion of industrial uses adjacent to lands designated or zoned Industrial provision as adopted in Ordinance 89-05 in January, 1989, shall be deemed consistent with the Future Land Use Element. These properS, les are identified on the Future Land Use Map Series as Properties Consistent by Policy. -l'ne foiiow~ng properties identified by Ordinance # #98-82; 98-91; 98-94; 99-02; 99-11; 99-19; and 99-33; located in Activity Centers t/1, 2, 6, 8, 11, & 18 were rezoned pursuant to the Activity Centers boundaries designated in the 1989 Comprehensive Plan, as amended. Those properties were rezoned during the interim period between the adoption of the Future Land Use Element in October, 1997 which was not effective due to the notice of intent finding the Future Land Use Element compliance". Those properties, identified herein, which have modified the boundaries of the 1~997,-. Activity Centers are deemed consistent with the Future Land Use Element. ' FUTURE LAND USE DESIGNATION DESCRIPTION SECTION The following section describes the land use designations shown on the Future Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or on special studies completed for the County. I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population plOJeci.~ons a,~;d the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts and Subdistricts that follow. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 and subsequent policies and the Manatee Protection Plan contained in the Land Development Code); 4. Child care centers; 5. Community facilities such as churches group housing uses, cemeteries, end schools and school facilities co-located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable; 6. Safety service facilities; 7. Utility and communication facilities; 8. Earth minin9, oil extraction, and related processing; 9. Agriculture; 10. Travel trailer recreational vehicle parks, provided the following criteria are met: (a) The density is consistent with that permitted in the Land Development Code; (b) The site has direct principal access to a road classified as an arterial in the Traffic Circu!ation Element, dire,~t pFincipal access deft, ned as a driveway and/or roadway connection to the arterial road, with no access points from intervening properties; (c) The use will be compatible with surrounding land uses. Shaded and underlined portion is added by Remedial Amendment R-99-2 17 ,NOV Pg. ~q3 11. Support medical facilities such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominant use is medical related and located within % mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities are concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical ff~ ~ilities are not allowed under [his provision if the hospital or medical center is a short- term leased facility due to the potential for relocation. 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict and Interchange Activity Center Subdistrict. 13. Commercial uses accessory to other permitted uses, such as a restaurant accessory to a golf course or retail sales accessory to manufacturing, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use. 14. ladustri~l uses subject to criteria identified in the Urban - Industrial District, in the Urban - Mixed Use District, and in the Urban Commercial District, certain quadrants of Interchange Activity Centers. 15. Hotels/motels consistent by Policy 5.9, 5.10, and 5.11, or as permitted in the Immokalee Area, Golden Gate Area and Marco Island Master Plans. 16. Business Park uses subject to criteria identified in the Urban-Mixed Use District, Urban Cor~,merci~l DislJict and Urbamlndustrial District. A. Urban - Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water-dependent and/or water-r,.;lated land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with t?,,? sitirm policy of the Conservation and Coastal Mapagement Elemept (Policy 11.1.4), the foliowmg land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: Presently developed sites; Sites where water-dependent or water-related uses have been previously established; Sites where shoreline improvements are in place; Sites where damage to viable, naturally functioning wetlands, or other environn"~e, ntatly sensitive features, could be minimized. Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also tota!ly within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban o Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of a~'e;:tlc,;' o' t!-~ Plan. 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. 2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 beM'een the City of Naples and Collier-Seminole State Park, including Marco Island and comp~'ises approxi[ nate;y 18,003 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights. Rezones are recommended to be in the form of a Plannad Unit Development. The Marco Island Master Plan shall prow.de for density, intensity, siting criteria and specific standards for land use districts on Marco Island. 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres a~'~d 5% cf [i~e JIL',an Mi×ed Use District. R~:s;Se~tial land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to the following conditions: and are not subject to the Density Rating System: a. All rezones are encouraged to be in the form of a Planned Unit Development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, inr.!uding the ro'.~ting of all on-site and appropriate off-site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the a~ea. 4. PUD Neighborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilitles to serve fha daily ~eds of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage exceed 15 acres. 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. The Village Center shall not have independe_~a-~-ss to any roadway external to the PUD and shall be integrated into the PUD. Phasing. of.~ '" construction of the Neighborhood Village Center shall be controlled so that ~t occurs c~oncurre fit-' -- "! with the residential units. The Planned Unit Development district of the Land Development Cod,~ shall be amended within one (1) year to provide standards and principles regulating access, location or integratior~ within the PUD of the Village Center, allowed uses, and square footage and/or acreage thresholds. 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and noq-industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges bet',veen 25% to 45% and where iandscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a Business Parks shall be permitted to include up to 30% of the total acreage for non- industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. b Access to arterial road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Traffic Circulation Sub-Element. c Non-industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses which ser've the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in t,h~ Park. d When the Business Pa~'< is located within the Urban Industrial Districl. or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be 2ermitted provided that the total industrial acreage is not greater than the amount 3reviously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to light ind~.,st~/such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non-industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e [3~Jsiness Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit industrial Uses shall also be required to meet the standai'ds as stated under the Interstate Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of ~,~fdoo~ ~tor~o.-':~, parkh~? arid 3~'es~ m~naoement. h When located in a Distric[ other than the Urban industrial Distnct, tt~e Business Park must have direct access to a road classified as an arterial in the Traffic Circulation Sub- Element. i Business Parks are encouraged to utilize PUD zoning. j The maximum additional acreage eligible to be utilized for a Business Park Subdistrict- within the Urban-Mixed Use District is 500 acres, exclusive of open space and conservation areas. I 6. Office and In-fill Commercial Subdistrict The intent of this Subdistrict is to allow Iow intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial development attracts Iow traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes interveni?9 public street, easement (other than utilities) or right-of-way, except for an intervening local street; and "commercial" refers to C-1 through C-5 zoning districts and commercial components of PUDs. a. The subject site abuts a road classified as an arterial or collector as identified on the five- year Future Traffic Circulation Map, as contained in the Traffic Circulation Sub-Element. b. The site utilized for commercial use is 12 acres or less in size, and the balance of the property in excess of 12 acres, if any, is limited to an environmental conservation easement or open space; c. The site abuts commercial zoning: (i) On one side and non-commercial zoning on the other side; or, (i0 On both sides; d. The depth of the requested commercial does not exceed the depth of the abutting commercial parcel(s); e. Project uses are limited to office or Iow intensity commercial, except for land abutting commercial zoning on both sides, as provided for in (c) above, the project uses may include those of the highest intensity abutting commercial zoning district; f. The parcel in question was not created to take advantage of this provision and was created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997; g. At time of development, the project will be served by central public water and sewer; and h. T;-,e project .,~'~11 b.: co~npatib',e with existing land uses and permitted future land uses on surrounding properties. i. For those sites that have existing commercial zoning abutting one side, commercial zoning used our:?uant to this ~ub~,ectic~, L, hal! o,',!y be applied one time to serve as a transitional use and will not be permitted to expand. j. The maximum acreage eligible to be utilized for the Office and Infill Subdistrict within the Uruan-Mixed Use District is 250 acres. 7. Traditional Neiqhborhood Desiqn The purpose of this provision is to encourage the development of Traditional Neighborhood Design (TND) projects. TNDs are typically human-scale, pedestrian-oriented, interconnected res. J~.niial n,ei.0hborhood p~oj.ccts tha~ are centered around a village green with a mix of commercial uses including retail, office and civic amenities that complement each other. ~Resider-~tia! ~ses ~re often located above retail, ~ses A ~rid p.~Kern is the basis r~r the trar~spcrtr~.[ on Fe'.,.,'v,~'k. :'he main street c¢.,mt.::,nent of ti ~e 'i F;D ~s appropriately ~ntegratud ~n the TND and sized in proportion to the scale of the project with a maximum of 15 acres of commercial permitted. Standards shall be developed in the Land Development Code which will regulate access, permitted uses, square footage and/or acreage thresholds, lot frontage dimensions, street' NOV 2 3 I%9 8. Goodlette/Pine Ridge Commercial Infill Subdistrict This subdistrict consists of 31 acres and is located at the northeast quadrant of two major arter!al roadways, Fine Ridge Road alld Goodlette-Frank Road. In addition to uses allowed in the Plan, the intent of the Goodlette/Pine Ridge Commercial Infill Subdistrict is to provide shopping, personal services and employment for the surrounding residential areas within a convenient travel distance. The subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehic!es. Access to the Goodlette/Pine Ridge Commercial Infill Subdistrict may feature a traffic signalized access point or~ Good!ette-Frank Road~ which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within this district will be limited to single-stow retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three- stow buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/-23 acres. No individual retail tenant may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District, the .87+/- acre wetland area located on the northeastern portion of the site will be preserved. 22 I U'¢ 2_ 3 MAP 5 A GOODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT PINE RIDGE ROAD (C.R. 896) PINE RIDGE ROAD (C.R. 896) [N~?;IC.;AI'ES BOUNDARY OF COODLETTE/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT 23 ~OV 2 3 Lo99 DENSITY RATING SYSTEM This Density Railing System is only applicable to areas designated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of de~sit~,' ~,'nay be adjtlsted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoning If the project includes conversion of commercial zoning which is not located within an Mixed Use Activity Center or Interchange Activity Center, or which is not consistent with the Neighborhood Village Center Subdistrict, a bonus of up to 16 dwelling units may be added for every 1 acre of con-~mercial zoning which is converted. These dwelling units may be distributed over the entire project. The project must be compatible with s~Jrrounding land uses. 2. Proximity to Mixed Use Activity Center or Interchanqe Activity Center If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radia! distance from the center of the infersection around which tile Mixed Use Activity Center or Interchange Activity Center is situated. If 50% or more of a p~'oject is within the density band, the additional density applies to the gross acreage of the entire project. Density bands are designated on the Future Land Use Map and shall not apply within the Estates Designation or for properties within the Traffic Congestion Area. 3. Affordable Housing To encourage the provision of affordable housing within the Urban Designated Area, a ma,,:imum of up to 8 residential units per gross acre n',ay be adduC to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91-102, adopted '~et')ber q0, 1991 ) In the Urban Coastal ~ri,~.'.3e Subdistrict, Affordable Housing projects must p~ovide appropriate mitigation consisten[ '~vith Policy i3.1.2 of the Conservation and Coastal Management Element. NOV 3 1999 2 4. Residential In-fill To encourage residential in-fill in areas with existing development, 3 residential dwelling units per gross acre may be added if the following criteria are met: (a) The project is 10 acres or less in size; (b) At time of development, the project will be served by central public water and sewer; (c) The project is compatible with surrounding land uses; (d) The property in question has no common site development plan with adjacent property; (f) There is no common ownership with any adjacent parcels; and (g) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. 5. Roadway Access If the project has direct access to 2 or more arterial or collector roads as identified in the Traffic Circulation Element, 1 residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Department) or the road is scheduled for completion during the first five years of the Capital Improvements Plan. The Roadway Access bonus is not applicable to properties located within the Traffic Congestion Area. 6. Transfer of Development Rights To encourage preservation/conservation of natural resources, density transfers are permitted within that portion of the Urban designated area subject to this Density Rating System. However, density shall not be transferred into the Coastal Management Area from outside the Coastal Management Area. Lands lying seaward of the Coastal Man~]geme:~t B~.'.und~'ry: ident, ir:ed on the Future I and Use Map, are within the Coastal Management Area. Density may be increased aL, ove and beyond Li~e dunsity otherwise allowed by the Density Rating System in accordance with the Transfer of Development Rights (TDR) Section 2.2.24.11 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project is within the Traffic Congestion Area, an area identified as subject to long range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Con~estior~ ~o~ndarLi is shown on the Future Land Use Ma!) and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport-Pulling Road (ir'!c!ud?~g ~-~r, e,-:~ n:~; ')fl no, ~h to th~. L,-,e C:..,~:-,;':.' bm,hdc?v). Davi:: F: ' _~!?~'~,;'d Co~ ~n~.y Bm F;;oau, ~nd katdesnaKe Hammock P, oad co~sis',e~:t w~th the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Prc2L ,"ties adjacent to the Traffic Con02stion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. 25 2 3 1S2,9 c. Density Conditions: The fo~Iowing density condition applies to all propedies subject to the Density Rating System. 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TDR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance #91-102, on October 30, 1991, as amended. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including high£r densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. The locations are based on intersections of major roads and on spacing criteria. There are 19 Mixed Use Activity Centers which comprise approximately 3,000 acres, including 3 Interchange Activity Centers (#4, 9, 10) which will be discussed separately. Two Activity Centers #19 and 21 have been deleted and replaced by the land use designations identified in the Marco Island Master Plan and Future Land Use Map. The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the Neighborhood Village Center Subdistrict, Office and Infill Commercial ~ '._,.~ :; :3 ~rl .::, l.'~t '::-:;h ~.. ,ge ,~ :ti',itT C;~.~ ~ter S: ~hdistrici, Trad:,tional I',lei§i ,b~; ,", ,u~;d Desig~~, Subdistrict, and by Policies 4.7, 5.9, 5.10, and 5.11 of the Future Land Use Element. Mixed Use Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses - which may include the full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code - shall be determined during the rezoning process based on consideration of the factors listed below. For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdi~[r;ct, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Deve!opment. There shall be no minimum acreage limitation for such Planned Unit Developments except all ~equests for rezoning must meet the requirements for rezoning in the Land Development Code. The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center; ' - Market demand and service area for the proposed commercial land uses'to be u~ed guide to explore the feasibility of the requested land uses; / ~ NOV - Existin9 patterns of land use within the Mixed Use Activity Center and within ,hNO radial miles; - Adequacy of infrastructure capacity, particularly roads; - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man-made constraints; - Rezoning criteria identified in the Land Development Code; Conformance with Access Management Plans for Mixed Use Activity Centers contained in the Land Deveiopment Code; - Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; - Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; - Conformance with the architectural design standards as identified in the Land Development Code. The approximate boundaries of Mixed Use Activity Centers have been delineated on the maps located at the end of this section as part of the Future Land Use Map Series. The actual boundaries of Mixed Use Activity Centers listed below by Activity Center and location are specifically defined on the maps and shall be considered to delineate the boundaries for those Mixed Use Activity Centers. # 1 Immokalee Road and Airport Road # 6 Davis Boulevard and Santa Barbara Boulevard #8 #11 #12 #13 #15 #16 #17 #20 Airport Road and Golden Gate Parkway Vanderbilt Beach Road and Airport Road US 41 and Pine Ridge Road Airport Road and Pine Ridge Road Golden Gate Parkway and Coronado Boulevard US 41 and Airport Road US 41 and Rattlesnake-Hammock Road US 4t and Isles of Capri Road US 41 and Wiggins Pass Road The mix of uses in all of these specifically designated, except for #6 at Davis Boulevard and Santa Barbara Boulevard, range from $0 to 100% commercially zoned and/or developed property. Activity Center #6 is approximately 60% commercially zoned and/or developed. For pu-pose~ of these spec:.fica!:y designated Activity '" ' · ~en,e~s, the entire Activity Center is eligible for up to 100%, or any combination thereof, of each of the following uses: commercial, residential and/or community facilities. Mixed Use Activity Centers may be designated as Master Planned Mixed Use Activity Centers. Master Planned Mixed Use Activity Centers are those which have a unified plan of development in the form o" a Planned Unit Development, Development of Regional Impact or an area-wide Development of Regional Impact. Property owners within Mixed Use Activity Centers shall be required to utilize the Master Planned Mixed Use Activity Center process. # 2 US 41 and Immokalee Road # 3 Immokalee Road and CR 951 # 5 US 41 and Vanderbilt Beach Road # 7 Rattlesnake-Hammock Road and CR 951 #14 Goodlette-Frank Road and Golden Gate Parkway 2'7 In recognition of the benefit resulting from the coordination of planned land uses and coordinated access points to the public road network, Master Planned Activity Centers are encouraged through the allowc,~ce of flexibility in the boundaries, mix and location of uses permitted within a designated Mixed Use Activity Center and may be permitted to modify the designated configuration. The boundaries of Master Planned Mixed Use Activity Centers depicted on the Future Land Use Map Series are understood to be flexible and subject to modification during final site design; however, the approved amount of commercial development shall not be exceeded. The actual mix of land uses shall be determined using the criteria for other Mixed Use Activity Centers. All of the following criteria must be m.~t for a project to qualify as a Master Planned Mixed Use Activity Center: !. The applicant shall have unified control of the majority of a quadrant in a designated Activity Center. Majority of the quadrant shall be defined as at least 51% of the privately owned land within any Activity Center quadrant. However, if a property owner has less than 51% ownership within a quadrant, that property owner may still request a rezoning under the provisions of a Mixed Use Activity Center Subdistrict subject to the maximum acreage allowed in Paragraph 2 below. Property owners with less than 51% ownership are encouraged to incorporate vehicular and pedestrian accesses with adjacent properties within the Activity Center. Any publicly owned land within the quadrant will be excluded from acreage calculations to determine unified control; 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial permitted at Activity Centers # 3 and fl7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activify Center, the balance of the of the land uses shall be for residential a~d;c.~ cc,,~,'~u~ty faciiides. Activity Ce~ter #i4 shatl have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and/or community facilities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and/or community facilities. 3. The location a;~d configuration of ail land uses within a Master Planned Mixed Use Activity Center shall be compatible with and related to existing site features, surrounding development, and existing natural and manmade constraints. Commercial uses shall be oriented so as to provide coordinated and functional transportation access to major roadways serving the Activity Center, and f~jnr'tioqally rt.,fated or integrated with surrounding land uses and the planned b'ansportation network; and 4. Adjacent properties within the Activity Center that are not under the unified control of ti ~ opplicant shall be cor~sidered and appropriately incorporated (i.e. pedestrian and vehicular interconnections) into the applicant's Master Plan. New Mixed Use Activity Centers may be proposed if all of the fo!lowing crite,'ia are ~'n~~, and an arnen~me'.~t is n~ade to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: · The intersection arc, '~d which the Mixed Use Activity Center is located consists of an arterial and colle,:.'~or road, or two arterial roads, based upon roadway ..... classifications in the Traffic Circulation Element. F'-'~,!i,.~.i:'~:I · The Mixed Use Activity Center is no closer than two miles, from any existing Use Activity Center, as measured from the center point of the intersectid, ns around 28 J NOV 231999 / which the existing and proposed Mixed Use ActMty Centers are located. Market justification is provided demonstrating need for a Mixed Use Activity Center at the proposed location. 2. Interchange Activity Center Subdistrict Interchange Activity Centers have been designated on the Future Land Use Map at each of the th~,~ Interstate 75 interchanges and include numbers 4, 9 and 10. The boundaries of these Interchange Activity Centers have been specifically defined on the maps located at the end of this Section as part of the Future Land Use Map Series. Any changes to the boundaries of these Interchange Activity Centers shall require an amendment to the Future Land Use Map Series. Interchange Activity Centers CfA and #10 allow for a mixture of land uses o which may include 100% or any combination thereof, of each of the following uses: the full array of commercial uses, residential and non-residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code, and Business Parks; and industrial uses as identified below in the southwest and southeast quadrants of Interchange Activity Center #4. No industrial uses shall be aIIowed in Interchange Activity Center #10. The actual mix of uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Subdistrict. Interchange Activity Center # 9 shall be subject to the requirement of the development of an Interchange Master Plan (IMP). The IMP is intended to create an enhanced "gateway" to Naples. The IMP process shall be initiated by the property owners and/or their representatives by meeting with the County planning staff within 60 days of the adoption of this Growth Management Plan amend~T~ent and a finding of compliance from the Department of Community Affairs. The purpose of the meeting will be to establish a mutually acceptable /isic:~ statemon~ for Activity Center # 9 -i'he h~erchange Master Plan shall b-c adopt,,.~d by Resolution by the Board ol~ County Commissioners. All rezones thereafter shall meet tl~e intent of the vision statement. Subsequent to the development of the vision statement, new projects within Activity Center # 9 are encouraged to have a unified plan of development in the form of a Planned Unit Develo?ment. The mixture of utes allowed in Interchange Activity Center # 9 shall include the full array of commercial uses; residential and non-residential uses; institutional uses; Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants. The mix and intensity of land uses shall meet the intent of the vision statement and be defined during the rezoning process. The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be develoFod for any of t! ;e uses referenced above, e×cept the maximum amount n.f commercial acreage shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center # 9. The factors to conside? durinq review of a rezone petition shall be compli3nce with the vision statement and [hose included for the Mixed Use Activity Center. For residential development, if a project is within the boundaries of an Interchange Activity Cepter which is not within the Urban Residential Fringe Subdistrict and not within the Estates Designation, up to 16 residential units per gross acre may be permit-ted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Activity Center. Based on the unique location and function of Interchange Activity Centers, some In .d~stria,t '7' '"':~'? ', land uses that serve regional markets and derive specific benefit when located in th~ Interchange Activity Centers shall be allowed, provided each such use is reviewed d found L'3V 2 to be compatible with existing and approved land uses. manufacturing, warehousing, storage, and distribution. Industrial uses shall be limited to: The.following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and/or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and/or rezoning ordinance shall contain scecific language regarding the permitted Industrial land uses, compatibility requirements, and development standards consistent with the following conditions. Site specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and/or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; - Wholesale and storage uses shall not be permitted immediately adjacent to the right-of-way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right-of-way shall be permitted; -Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; -The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; - A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. 3. Business Park Subdistrict '~-h~ .3usi,~es:~ Park ~ubd~st~ici. is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a subdistrict in the Urban Commercial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. C. Urban - Industrial District The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and ~UD Commercial Zoning Districts a~long the perilneter of the desig~ated Urban - Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. IndL, stri~lty designated areas shall have access tO a road classified as an arterial or collector in the T~ affic C:,rculadon Ele~,~ent, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b Processing: c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; 3O NOV 2 3 1999 j. Business services; k. Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; I. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants. 1. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non- industrial uses, designed in an attractive park-like environment with Iow structural density where building coverage ranges between 25% to 45% and landscaped areas provide for buffering and enjoyment by the employees and patrons of the Park. Business Parks shall be allowed as a Subdistrict in the Urban Industrial District subject to the criteria set forth under the Business Park Subdistrict in the Urban-Mixed Use District. II. AGRICULTURAL/RURAL DESIGNATION Rural & Agricultural Area Assessment The Governor and Cabinet sittinq a_s_.t__he Administration Commission, on June 22, !__999, issued the F;naJ Order (AC-99-002) pursuant [o Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearinq Case No. 98-0324GM. Pursuant to the Order, Collier County is required to prepare a Rural and Agricultural Assessment (Assessment). This Assessment may be phased. The Geographic Scope of the Assessment Area shall be as follows: Includes: All land desiqnated Agricultural/Rural Big Cypress Area of Critical State Concern Conservation lands outside the Urban Boundary South Golden Gate Estates E×cludes: All Urban designated areas Northern Golden Gate Esta~.es The Settlement District The Assessment, or any phase thereof, shall be a collaborative, community-based effort with full and broad-based public participation and assistance from applicable State and Regional agencies. At a minimu_m_.~.t_heAssessment m~ ~st identify the means to accomplish the following: 1. Identify and propose, measures to protect prime agricultural areas. Such measures should prevent the premature conversion of aqricultural lands to other uses. 2. Direct incompatible uses away from wetlands and upland habitat in order to protect water quality and quantity and maintain the natural water regime as well as to protect listed animal and plant species and their habitats. 3. A~~ th,= cro,.,,'h enter, rial of tho Ar~a hi,, anses~ing fh~_potential conversion of rural lands to other uses, in appropriate locations, while discoura.qing urban sprawl, _ __d_.i.r~_cJi_n? !0~.o_ _m..p._8.tih e?~n_d__u_s.e..~s a .w. c3y fr.~._m_ cri__tj_c¢[_h_gab. !ta__t a_nd .e_n_¢o_u.r_a_.g_~g ~'31opn~er~t that ,~uhzes croative_,;_~nd use pJannir~g techniques including, but not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, cjustering and open space provisions and _.___m_ixed use develonmer)_t,_.__The_~s_s_e, ss__me_n_,t _or. any phase thereof,__s_hal_Lr¢_c~gnize the substantial advantages of innovative approaches to development which may better serve to protect environmentally_ se.nsitive areas, maintain the economic viability of agricultural and other predominantly rural land uses, and provide for the cost efficient delivery of public facilities and services. Shaded and underlined portion is added by Remedial Amendment R-99-2 Interim Development Provisions for the Agricultural/Rural Assessment Area A._m_c_n._d_,u~_ms based on th_e_A_~_~ssment shall b_b_b_~._com_~.leted~3cJ_une~ 22.~.~.0..2.. R~esidential and other uses in the Area for wf,ich, completed applications for development approval, rezoning, conditional use,. 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 the Comprehensive Plan as it existed on June 22, 1999.. If the County elects to address a specific geographic portion of the Area as a phase of the Assessment, the i~terim tand use controls shall be lifted from the specific g~ograp_bi.c, a~'..e~, !qg~. c_ompletion of the applicable phase of the Assessment and the implementing Comprehensive Plan amendments for that phase becoming effective. Until the Assessment is complete and comprehensive plan amendments to implement the Assessment, or any phase thereof,_~ze~F e~_e~t.,..t~b~_.c,n._Jy land uses and development allowable in the area shall be those set forth in the Agricultural/Rural Mixed Use District and the Land Development Code (Section 2.2.2) in effect on June 22, 1999 for the Agr_icultural/Rural Distr. ict, except the following uses are prohibited and shall not be allowed: 1. New golf courses or driving ranges. 2. Extension or new provision of central water and sewer service into the Area. 3. New package wastewater treatment plants. 4. Residential development except farmworker housing or housing directly related to support farming operations, or. staff housinq (12 du/ac) 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. Com~nercial or industrial development excet~las and telephone facilities, el.ectric transmission and distribution facilities, emergency power, structures, fire and police stations, emergency medial stations. 6. Transient residentia! s,~chas hpt_els, motel.s, a.nd bed and breakfast facilities. 7. Zoo, aquarium, botanical garden, or other similar uses. 8. Public and private schools. 9. Collection ~a~d transfer sites for resource recovery. 10. Landfills 11. Social and fraternal organizations. 12. Group care facilities. 13. Sports instructional schools and camps. 14. Asphalt and concrete batch making plants. 15. Rucr....--,.,~. :. './:~r;Ic"-, Parks These interim development standards shall not affect or limit the continuation of existinq uses. Existinq uses shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The con_.__t!~_u.~tior~____of_e__x_istin_g uses shall include expansions of those uses if such expansions are consiste;;t v¢ith or .,learly ancillary to the existinq use and do not require a rezoning or comprehensive plan amendment. Natural Resource Protection Areas (NRPAs) The followinq areas shall be generally mapped and identified as Natural Resource Protection Areas INRPAs): Ca__.m_p Ke. ais Strand, CREW I_ands, Okaloacpochee Slough, Belle Mead_e and South Gotd:~n .._~:,~e Estatc5. Shaded and underlined portion is added by Remedial Amendment R-99-2 32 Natural Resource Protection Areas (NRPAs). are designated on the Future Land Use Map; 1. Within these areas, only agriculture and directly-related uses and one single family dwelling unit per parcel ~r lot created prior to June 22, 1999, shall be allowed; r.,d 2 3 1 99 .,_ 2. These interim development standards shall not affect or limit the continuation of existing uses. Ex;~'J; ~9 us~s shall also include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 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 not require a rezoning or comprehensive plan amendment; 3. The qeneral location shall be identified on a map as the interim NRPAs and shall be refined as actual data and analysis is made available durinq the Collier County Rural and Agricultural Area Assessr,'nent. pad of ...... ~-~"'"~ ~ ;~"~;~" of th~~~w!thi~h~~ shal! not .... ~, ,a~ thc futura ucc of these .... +~¢ ¢ ..... ~' '" .... ~ ........... ~" The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and se~ices, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effo~ to maintain and promote the rural character of these lands. The following uses are permitted in this District, subject to the Interim Development Provisions: a. b. Agricultural uses such as farming, ranching, forestry, bee-keeping; Residential uses at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record; Habitat preservation uses; Parks, open space and recreational uses, golf courses; Essential services as defined in the Land Development Code; Safety service facilities; Comer. unity facilities ~ur!~ ~s churches, group housin~ utes, cemetelies; and schoo!3 which shall be subject to the iollowing criieria: · Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. Communication and utility facilities, except for central water and sewer facilities as noted above; Migrant labor housing as provided in the Land Development Code; Earthmining, oil extraction and related processing; Asphalt plant as a Cond:,'ic~al Use as defined in the Land Development Code provided that the asphalt plant: is compatible with surrounding land uses; is not located in a County, State or' federal I,'.,,d,u,~-'n .... ,~et:and area ant:J any r'-aqulr~-~r! buffer zones; is not located " 1,000 feet of a Florida State Park; is not located within the Area of Critical State Concern as depicted on the Future Land Use Map; and, is not located within 1,000 feet of a natural reservation Commercial uses accessory to other permitted uses, such as restaurant accessory to golf course or retail sales of produce accessory to farming, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Such restrictions or limitations could include limiting the size and/or location of the commercial use and/or limiting access to the commercial use Shaded and underlined portion is added by Remedial Amendment R-99-2 33 1999 Commercial uses, within the Rural Commercial Subdistrict, based upon criteria; Industrial uses withi:~ the Rural - Industrial District; Travel trailer recreational vehicle parks, plovided the following criteria are met: 1. The density is consistent with the Land Development Code; 2. The site has direct principal access to a road classified as an arterial in the Traffic Circulation Element, direct principal access defined as a driveway and/or roadway connection to the arterial road, with no access points from intervening properties; and, 3. The use will be compatible with surrounding land uses. A. Agricultural/Rural - Mixed Use District Ex -~ts--ap?re~for o .....................................,,,,.~ , ~, ................. ........ ~ .........................., ~,Cr ....... ~ ................ j ........................... . ~ ...... ~ ~kin ~;~ S~;~ ~t ..... ~ ~n ..... The purpose of this District is to protect and encourage agricultural activities, conserve and preserve environmentally sensitive areas, provide for Iow density residential development, and other uses ideqtified under the/'..gricultural/Rural Designation. These areas generally lack public facilities and services. Urbanization is not promoted, therefore most allowable land uses are of Iow intensity in an effort to maintain and promote the :ural character of these lands. Residential uses are allowed as follows, suhiect t..g. the interim Development Provisions: a. Low density residential dwelling units, at a maximum density of one dwelling unit per five gross acres, except for legal non-conforming lots of record., r~?, mitories, d~J~'!-~.~ ~nd 0,%~;,' staff h'~using, as may be provided in conjunction with conservation uses, at a density in accordance with the Land Development Code; c. Group housing uses at a density in accordance with that permitted in the Land Development Code; d. Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; e. Farm labor housing in accordance with the Farm Labor Housing provision in the Land Deve!opment Code: f. Recreation camps as defined in, and at the density allowed by, the Land Development Code. g. Existing units approved for the Fiddler's Creek DRI may be reallocated to those parts of Sections 18 and 19, Township 51 South, Range 27 East added to Fiddler's Creek DRI to__gether with part of Section 29, Tow.n. ship 51 So.uth, Range 27 East, at a density greater than 1 unit per 5 gross acres provided that no new units are added to the 6,000 previously approved units,.wh_ich_ rjr....~lts in a gross density of 1.6 units per acre for the Fiddler's Creek DRI; and further orovide~jhat no residential uni~f,, shall be located on that part of Section 29 within the Fiddler's Creek DRI; and further provided that South Florida Water Management District jurisdictional wetlands impacted by the DRI in said Sections do not exceed 10 acres. I.__~.~,?:'_,-~! Com~ nerci ~! Subdistrict Within the Agricultural/Rural - Mixed Use District, commercial development, up to a maximum of 200 acres, ma:,, be allowed providing the followin§ standards for intensity of use are met a~d subject to the Interim Development Provisions: a. The project, or that portion of a larger project, which is devoted to commercial develc: aent, is 2.5 acres or less in size; Shaded and u~dined portion is added by Remedial Amendment R-99-2 3~ b. The project, or that portion of a larger project which is devoted to commercial development, is no closer than 5 miles, measured by radial distance, from the nearest developed commercial area, zoned commercial area or designated Mixed Use Activity Center; c. The proposed uses are those permitted in the C-1, C-2 and C-3 Zoning Districts of the Land Development Code; d. The project is located on an arterial or collector roadway as identified in the Traffic Circulation Element; and e. The project is buffered from adjacent properties. B. Rural - Industrial District The Rural - Industrial District, which encompasses approximately 600 acres of existing industrial areas outside of Urban designated areas, is intended, and shall be reserved, for industrial type uses, subject to the Interim Development Provisions. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial uses. The C-5 Commercial Zoning District on the perimeter of lands designated Rural - Industrial District, as of October 1997, shall be deemed consistent with this Land Use District. All industrial areas shall have direct access to a road classified as an arterial or collector in the Traffic Circulation Element, or access may be provided via a local road that does not service a predominately residential area. No new industrial land uses shall be permitted in the Area of Critical State Concern. For the purposes of interpreting this policy, oil and gas exploration, drilling, and production ("oil extraction and related processing") shall not be deemed to be industria! land uses and shall continue to be regulated by alt applicable federal, state, and local laws. Intensities of use shall be those related to: a. Manufacturing; b. P~ucessing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. Other basic industrial uses as described in the Industrial Zoning District in the Land Development Code; Support commercial uses, such as child care centers and restaurants. C. Rural - Settlement Area District This District consists of Sections 13, 14, 23, 24, and a portion of 22, Township 48 South, Range 27 East (the former NoAh Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the uses specified in that certain "PUD by Settlement" zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This Settlement Area is commonly known as Orangetree PUD. Refer to the Golden Gate Area Master Plan for permitted uses and standards. i11. ESTAT~:S DESIGNATION The Estates Land Use Designation encompasses lands which are already subdivided into semi-rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subd~visior, The are~ is identified as having potential for population growth far removed from supportive services ano facili[ies. Expansion of the area shall be discouraged. Pursuant to Policy 4.1 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting ~riteri~ ..... and development standards for specific land uses. Shaded and underlined portion is added by Remedial Amendment R-99-2 IV. ,CONSERVATION DESIGNATION The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays and wetlands deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the il~herent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County ownsd, prima:ily, by the public, although private in-holdings and privately owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary (privately owned). The boundaries of the Conservation Designation may periodically change as properties are acquired. Standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation wi!i accommodate limited residen'.ial development and future non-residential uses. The following uses are permitted in this Designation, subiect [o the Interim Development Provisions identified in the Agricultural/Rural Desiqnation Description Section: Shaded and underlined portion is added by Remedial Amendment R-99-2 36 Single famiiy dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross sores for private in-ho!dings withir~ the Big Cypress National Preserve - each dwelling u~',it must be physica',iy ~;~d~',~J o:-,, a minimum five acre parcel, or minimum 3 acre parc~,i for private in-holdings within the Big Cypress National Preserve. Dormitories, duplexes and other staff housing, as may be provided in conjunction with conservation uses, at a density in accordance with that permitted in the Land Development Code; Group housing uses at a density in accordance with that permitted in the Land Development Code; Staff housing in conjunction with safety service facilities and essential services, at a density in accordance with the Land Development Code; Farm labor housing in accordance with the Farm Labor Housing provision in the Land Development Code; Recreation camps as defined in, and at the densitY allowed by, the Land Development Code. Essential se~'vices as defined in the Land Development Code; Parks, open space and recreational uses; Community faci;iti3s such as churches, group housing uses, cemeteries; and schools which shall be subject to the following criteria: · Site area and school size shall be subject to the General Educational Facilities Report st~bmitted annually by the Collier County School Board to the Board of County Com~ ni~sioners. · The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. · The site shall be subject to all applicable State or Federal regulations. 3 j. Commercial uses accessory to other permitted uses, such as restaurant accessory to operation of a Park or Preserve; k. Safety service facilities; I. Utility and communication facilities; m. Earth mining; n. Agriculture; and, o. Oil extraction and related processing. V, OVERLAYS AND SPECIALFEATURES A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. The Critical Area encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is excluded from the Big Cypress Area of Critical State Concern. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". Those regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2..,500 scuare feet may be altered on any permitted site. P. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. c. Soils exposed dunn9 site alteration shall be stabilized and retention ponds or perform-~r;ce equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed ,.vid-fin 180 days followi~:g completion oi a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper- (Shinus terebinthfo!ius) Melaleuca (cajeput) - (Melaleuca leucadendra spp.) Downy Rosemyrtle - (Rhodomytus tomentosa) Earleaf Acacia - (Acacia auriculiformis) Catclaw Mimosa - (Mimosa pigra) Java Plum - (Syzygium cumini) d. No manc, r?,,e trees or saI: marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: All wetland plants listed by the Florida Depadment of EnvironmentaI Regu!ation in Chapter 17-301, Florida Administrative Code, as amended. d. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for ti~e release of storm water as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50 year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion the estuarine zone. i f. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. Whenever mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except ti~at whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as amended as development or applies fo~' a development permit as defined in Section 380.031, Florida Statutes, as amended to develop any existing quarrying lake area, these regulations shall apply. g. Finger canals shall not be constructed in the Critical Area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or to a natural retention, or natural filtration and flow area. New d, ~,n,..~ facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities sha!i not d!sc?-:ar.q,~ wate,' into any coastal waters either directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, dived or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough water through the use of bridges, culverts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed substantially parallel to the local surface flow, and shall mai;~tain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. c. Transportation facility construction sites shall provide for siltation and run-off control through the use of settling ponds, soil fixing or performance equivalent structures or systems. Structure Installation Placement of structures shall be accomplished in a mariner that will not adversely affect surface water flow or tidal action. Minimum lowest floor elevation permitted for structures shall be ator above the 100 flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Floc( Insurance Land Management and Use Criteria (24 CFR 1910), as administered by 38 fear ,e appropriate local agency. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission per Chapter 9J-1, Florida Administrative Code, "Development Order Requirements for Areas of Critical State Concern". B. Areas Of Environmental Concern Overlay Areas of environmental concern are identified on the Future Land Use Map series. Primarily, these represent coasta! beacho3, marshes:, h,:~rdwood swamps and cypress forests; wet praMes and Iow pinelands; and, brackish marshes. This overlay contains general representations for informational purposes only; it does not constitute new development standards and has no regulatory effect. Standards for development are found in the Conservation and Coastal Management Element and the Land Development Regulations. C. Airport Noise Area Overlay The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 65 Ldn contour, the least severe impact of these three noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 65 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which ~'-~j 'fates ~-Je,/elopn~ent neai-th~ Naples Municipal Airport. FUTURE LAND USE MAP SERIES Future Land Use Map Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map Wellhead Protection Areas 1997 FUTURE LAND USE ELEMENT 39 I 1, S)I, I J ') ~, V L J L % ~ ~ I j J S Lq I I % T 46 $ T 47 ~ I T 48 S f T 49 $ 1:!,[_~1 i [] Ij S 81r .1. T 53 $ 4'? 2 3 i ! J ~J I I l! l ,J !,~3V 2 3 3 -I I II S 61~ J. Z 0 Z Z 0 Z T49S J Z 0 Z w Z 0 8~ 8 I S05£ I T50S I SIS.L I TSIS Z 0 N SESJ. Itl T5:~ 5 N n,, Z 0 Z Z 0 Z T46S S/l~/ T 47 I T 46 S I T 47 S I T 4B S I T4~S I TSOS S TSlS I TSBS I TGBS I N WI- · J. NrlO~ AMQNgH I S ~lr J. I S ~lr .L SlFJ. · Il' I ss,,- I sos~ I s,s* I s,s- I o :~>. ~- z~ m --<m (-') --n~ .---t ©~ ...< mo r';3V 2 3 Pg. 7.~ II T46SIT47S I T48S I T49 S I T 50 S I T 51 S I T 52 S I T 53 S I Exhibit A-2 Symbol COLLIER COUNTY GR~2WTH IViANAGEMEIqT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Re-adOpted September 14, 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT Date Amended Ordinance No. *l;;D~;':,~-~'r:~. ADO?TED PORTIONS · NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT GOPs Natural Groundwater Aquifer Recharge D-R-A-F-T (10-5-99) Sub-Element Policy 1.3.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1 .$.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of effolts and enhance the quality of information gathered. Policy 1.3.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3-dimensional ground water model. Poih';, 1.3.5: By 1 October 1997, establish a water resources planning group composed of appropriate County, City of Naples, and SFWMD staff to provide guidance for ground water resource development, utilization, and conservation. OBJECTIVE: 1.4: Contir~ue curr~,qt activities of providing the public with educational materials concerning ground water protection issues in Collier County via annual technical publications of grc~r~d ware.~ q~ality dat~ co!lect~d, general information publications, speakers' bureau presentations, K-12 classroom presentations, and in-service teacher workshops and seminars. Policy 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy 1.4.2: Provide information that can be understood by the general public on Collier County's groundwater system, !ts vulnerability to cor~taml.qation and measure.,' needed to protect it from contamination. OBJECTIVE: 1.5: The County will implement existing plans to preserve critical ground water recharge areas ~r~d 3round ,water resoHroes, and on a b~ennla~ s"hedule, beo ,n~n,: i:~ October 1988, review, evaluate, and revise (if warranted) those plans and actions, based on geologic, hvdrologic, hydrogeologic, and anthropogenic contaminant data aggregated during the previous biennium. Policy 1.5.1: 3 G O P s Natural Groundwater Aquifer Recharge D-R-A-Fo T (10-5-99) Sub-Element De velop technical criteria for determining which areas are critical to the County's long- term ground water needs. Policy 1.5.2: Identify the critical areas and appropriate protective mechanisms: Policy 1.5.3: lu':nt~fy costs, fur,ding mechanisms and pricate property rights. Po,icy 1.5.4: By 1 October 1997, implement a local petroleum storage tank cleanup program, especially in identified wellfield protection zones, operating within available State funding. Policy 1.5.5: By 1 October, 1997, increase household and Conditionally Exempt Small Quantity Generator (CESQG) hazardous waste collection. ~-THAT UNACCEPTABLY ALTER THE GROUNDWATER 4 ~ (',0 r r,..O < NOV Exhibit A-3 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Drainage Sub-element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Re-adopted September 14, 1999 AMENDMENTS TO COLLIER COUNTY GROVVTH MANAGEMENT PLAN F'd~_;LIC FACILtTI~.S ELEML~NT DRAINAGE SUB-ELEMENT ~_yrn_h~cj D?te A__mq,~d_ed Ordi_n.a~n~_e ~_o_. *I,"-,IL~,.,~,. ! E.° ADOPTED NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOPs Drainage Sub-Element D-R-A-F- T (10-5-99) TABLE OF CONTENTS SECI'ION I IV. INTRODUCTION AND HISTORY A. Drainage Systems B. Drainage and Stormwater Management I FVEL OF SEFVICE (I_OS) STANDARDS EXISTING CONDITIONS ,*,. D;~;.:~c Features B. Stormwater Management Master Planning CONCLUSIONS AND RECOMMENDATIONS GOALS, OBJECTIVES, AND POLICIES D-I-3 D- I-9 D-1-13 D-1-15 VI. APPENDIX I II. S__?__C_TI 0 N II REGULATORY FRAMEWORK A. Federal Regulations C. Local Regulations DRAINAGE BASIN INFORMATION A. Main Golden Gate System B. Dis~.';ct No 6 System C. Cocohatchee River System D. Gordon River Extension E. Henderson Creek Basin G, Southern Coastal Basin H. Barton River System I. Miscellaneous Interior Wetland Systems REFERENCES APPEF,DIX II '¢7-~:3;' ."~;ar;o.'~r~er~t ,_.,:v.:~: of Service for Pla;'med Unit L)eveioprnents Collier County Drainage Structure Inventory Collier County Channel Inventory Drainage Atlas Maps (Rc. duced in Size) 2 D- 1-21 D-II-64 D-II-67 GOPs Drainage Sub-Element D-R-A-F- T (10-5-99) OBJECTIVES AND POLICIES GOAL 1' PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: Via th.t Annual Update and Inventory Report on Public Facilities (AUIR) process, annually upaa;.e ~he Drainage Alias Maps ana Cha~mel/Structure inventory components of t~e adopted Water Management Master Plan to verify the existing watershed basin boundaries within Collier County. Verify the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to maintain the facility capacities to selected design storm standards for inclusion of needed programming of operational funds in the Annual County Budget and capital projects and basin studies in the Annual Capital Improvement Element Update and Amendment. Policy 1.1.1: Monitor adopted procedures that are in place to ensure that existing natural systems, (...:. ...~ . ¢, 'p :;.. t, ~ J :::,:pose¢ de.e'.c;.;me,4s v,,il~ re.:.(;,'e bc.'~efic;¢' cc:;':Jc, rsticn from proposed water management procedures and projects. Future updates and revisions shall reflect changed conditions in the new techniques. Policy 1.1.z: Outline how to implement procedures and projects to ensure that at the time a development permit is issued, adequate water management facility capacity is available or will be available when needed to serve the development. P~.!;~ '~.I.3: Condr, ue to develop public drainage facilities to maintain the groundwater table as a source of recharge for the potable water aquifers and meet the water needs for agricultural and cc,'~~, :~i ~' %~,'~';3:3 :,-.~ :a~",e v6getation. Policy 1.1.4: Continue on-going efforts to evaluate the feasibility of restoring surface water flow into historical flow-ways and utilizing them to help control discharge into the estuaries. Policy 1.1.5: Three (3) detailed basin studies are planned within the 5 year planning time frame as follows: Gordon R~ver Extension FY 96/97 FY 98/99 Belle Meade FY 98/99 FY 2000/2001 Immokalee FY 2000/2001 FY 2002/2003 As the studies are completed, the results will be made available to the property owners located within the basin boundaries for their use in petitioning the Board of County Commissioners to create a taxing/assessment unit to fund the proposed implementation the studies recommendations. 3 GOPs Drainage Sub-Elernen t D-R-A -F- T (10-5-99) Policy 1.1.6: Initiate sub-basin stud;es on the Secondar'y Drainage System and portions of the basin within the Urban Area. The status of several of the critical sub-basin studies is as follows: Sub Basin Starting date Completion Date · Lely Main/Branch/Manor N/A 1985 · Har~,ey FY 95/96 FY 96/97 · US-41 Outfall Swales N/A 1986 · I~;,p~e..'~',en[a~ic.~ o,, these projects is currently underway. Maintain adopted drainage level of service standards for basins and sub-basins identified in the Water Management Master Plan. Policy 1.2.1: The following levels of service for drainage are hereby adopted for the purpose of issuing development permits: Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 7'4-50 and 90-10 and Land Development Code Ordinance 91-102 as amended. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS _BA SLN LEVEL OF SERVICE MAIN GOLDEN GATE SYSTEM Main Go~den Gate Canal Basin %.'pm~s Canal Basin Har'vey Canal Basin 1-75 Canal Basin Green Canal Basin Airport Road Canal South Basin Corkscrew Canal Basin Orange '~ree Canal Basra 951 Canal Central Basin D D D D C D D D C DISTRIC1 NO. 6 SYSTEM Rock Creek Basin C-4 Canal Basin Lely Main ~'.~,~a; ~asir~ Le~y Canal Branch Basin Lely Mar;or Car, a! Basin Haldeman Creek Basin Winter Park Outlet Basin D C D D D D D 4 GOPs Drainage Sub-Element D-R-A oF- 7' (10-5-99) COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin Pine Ridge Canal Basin Palm River Canal Basin COCOHATCHEE RIVER SYSTEM (continued) West Branch Cocohatchee River Basin East Branch Cocohatchee River Basin ~.:, -~ Rr-md C,ana~ N_'2,'-t? Basin 951 Canal North Basin GORDON R~VER EXTENSION Gordon River Extension Basin Goodlette-Frank Road Ditch Basin HENDERSON CREEK BASIN Henderson Creek Basin FAKA.UN!ON SYSTEM Faka-Union Canal Basin Miller Canal Basin M~rr!tt Ca~,a! Basin Prairie CCna! Basin SOUTHERN COASTAL BASIN I~c,_,~._.,~ O~. t"a.! e ,,,..~¢~ . %~:;. '; :_,a?n-'" US-41 Oud'all Swale No. 2 Basin Seminole Park Outlet Basin BARRON RIVER SYSTEM Ok~!o~c'~o,,:~3e S!cugh Basin ha: r::~- R;ver Canal ,'qo¢~ Easi~ Urban Immokalee Basin MISCELLANEC:SS IN i'ERIOR WETLAND SYSTEMS Cork, screw Slough Basin D C D C D D D D D D D D C C D D C D C C D Policy 1.2.3: Enlarge the scope of the Water Management IVlast~, P!an to include recommendaticns for changing Levels of Service together with analys~s of capital requirements. Beginning with fiscal year1996-97, a five year scheduJe of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process f.~r the Capital Improvement E!emer~? of this plan. Policy 1.3.1: Develop procedures to update water management facility demand and capacity information. 5 Drainage Sub-Element D-R-A-F- T f 10-5-99) Policy ! .3.2: Prepare periodic summarier, of capacity and den~and information for each water management facility and service area. Policy 1.3.3: Water management capital improvement projects will be evaluated and ranked according to the priorities stated in the Capital Improvement Element of this plan. I%'~!,"~ , ! .3 .4. Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. OBJECTIVE 1.4: Beginning with fiscal year1996-97, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which have been outlined in the adopted Water Management Master Plan and any future individual basin studies. Policy 1.4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. These projects shall be undertaken in coord;~.atio.q with the Big Cypress Basin/South Flodda VVater Management District 5 Year Plan. Policy 1.4.2: C3,'.'3ct e,:is!:r~§ deficiencies and provide for future facility needs through the formubJ.:cr', arid implementation of annual work programs. Encourage innovative funding sources including utilization of special taxing or assessment districts. Policy 1.4.3: Deve!op a pub:Sc awareness program tu ir~form [he goverl,'ner,t~,l leadership and general public of the need to utilize total watersi~ed management concepts within the existing drainage systems and the environmental enhancements that will result from their implementation. OBJECTIVE 1.5: Continue to regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the adopted Land DevelopmentCode (Ordinance 91-102 as amended). Poiicy 1.5.1: Anm~ally review a!l appropriat~ Water Management O.;'dinances and regulations to determine lneir et~c. hv,c,'~oss ~n prut6;;tir;g [r~e [dr~cbo~$ of ~he ;'~atdrai drai~.-~ge features and natural groundwater aquifer recharge areas. _ Policy 1.~.2: Develop any appropriate new Ordinances and reg,~iations ~3ecessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. GOPs Drainage Sub-Elernen t D-R-A-F- T (10-5-99) OBJECTIVE 1.6: The functions of natural drainaq.e features shall be protected throuqh the application of star~¢~:'~s_~' ?t .~.!?~s_s. t_h_e_j_q~a_!!!y A0.d_ .0,.u a_n_~it'2, of discharct¢.~ from stormwater manaqement systems. ' ,q,s oL, i6cti,/e is made measurable throuqh the following policies: Policy 1.6.1 Proiects shall be designed and operated so that off-site discharges will meet State water ~u_a_~i}y st__apdar~s, as set forth in Chapter 17-302, F.A.C., as it existed on August 31, 1999. Policy 1.6.2 Retention and detention requirements shall be the same as those provided in the South Florida Water Mana.qement District's Basis of Review, ~e_ctio0. 5.2, as it existed on August .3.1, 1999. Policy 1.6.3 Allowable off-site discharge rates shall be computed usinq a storm event of 3 day duration and 25 year return frequency. The allowable off-site discharge rates are as follows: a. Airport Road North Sub-Basin 0.04 cfs/acre (North of Vanderbilt Beech Road). b. Airport Road South Sub-basin (South of Vanderbilt Beach Road) c. Cocohatchee Canal Basin 0.04 cfs/acre c. L.;.v Cc:',al Basin 0.00 cfs,'~cre e. All other areas 0.15 cfs/acre 0.06 cfs/acre Exhibit A-4 COLLIER COUNTY/CITY OF NAPLES COMPREHENSIVE PLAN HOUSIhlG ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~,, NAPLES CITY COUNCIL October, 1997 Re-adopted September 14, 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN/ CITY OF NAPLES COMPREHENSIVE PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS . ,~_ SUF'P~ 'PT DOCL;MENT WILL. BE UPDA'i ED A,i. CURRENT INFORMATION BECOMES AVAILABLE. TABLE OF CONTENTS *GoaIs, Objective and Policies Objective 1 Objective 2 ,"h ~-. ~,stiv0 'I Objective 4 Objective 5 Objective 6 Objective 7 PAGE NO. 3 4 5 5 6 7 8 9 'ADOPTED PORTION I- ,.._,',b ;; NO i'E: Rega,~ding the formst of this joint Housing Element: The Housing Element Goal and all the Objectives pertain to the entire County. The majority of all policies pertain to the entire County and are identified as JOINT CITY/COUNTY POLICIES. However, some policies pertain to only one jurisdiction and ,~.*-~,."c,r, .~re s,r_..~c!' !fy refcrc:'}ced ~s a CITY GF NAFLL;S i;CL:CY c~ a COUNTY POLICY. F-alicies that are asterisked (*) are included for informational purposes only pursuant to Chapter 163. Policies identified as COUNTY POLICIES are not being adopted by the City of Naples. Policies identified as CITY POLICIES are not being adopted by Collier County. These policies are provided for informational purposes only. 2 GOALS,, OBJECTIVES AND POLICIES GOAL 1: TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: The number of new affordable housing units shall increase by 500 units each year in an e~,! '.o contin~'a to meat the housing needs of a~l cbrrent and f,JtL~r6 v=...'-y-lo'.v, Iow ~nd moderate income residents of the County, including those households with special needs such as rural and farmworker housing in rural Collier County. JOINT CITY/COUNTY POLICIES Policy 1.1: Utilize intergovernmental agreements between the County and the City of Naples to coordinate SHIP, CDBG, and other State, Federal and private funds to improve coordination and efficiency in the provision of housing delivery assistance. ~cl!:2 1.2: Collier County and the City of Naples will work together to accomplish the community wide goal of creating a sufficient supply of market rate and below market rate housing. This effort will include consolidatir~9 the City and County housing programs and activities, ir, ct~d,,~g $~a,e ,~ad Fede~al',y funaec p;~l~n~ suci~ as SHiP and CDbG, ,n an effo;i, to provide greater efficiency. P.~"':y ~ 3: The C;,ty and County will explore the development of a fair share affordable housing ordinance that wilt require commercial and residential developments to address the lack of affordable housing. The local jurisdiction will evaluate a broad range of options including the development of an affordable housing impact fee, the requirements that a pe,cer,t~ge of up!ts developed will be "set aside" for below market rote housing, provide fi:'~ the 'rzmsf~; of C~-:!,.;¢.n',enf :',i¢l~ts, an opt",on ..,hareby !.-'md c~.~!d be donated to a nonprofit and/or placed in a land bank, or other alternatives that will assist in mitigating th~ rising need for affordable housing as the population increases. Policy 1.4: Affordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to, density bonus agreements, and impact fee waivers or deferrals. In addition, affordable housing will be located where adequate infrastructure and services are available. CITY POLICIES COUNTY POLICIES *Policy 1.5: F;~u.,' t~ ..~ fe.~s~oih[y of incorporat:,r,g '~he Collier Count~, Housing Au;.r~ority and the Collier Co,~nty Housing and Urban Improvement office activities into one agency to provide greater coordination and efficiency in housing delivery services. OBJECTIVE 2: By 2330. crc&re a non-profit housing development corporation, formed with a cross section of rep;eso~tat;ves from business, government, housing ~dvocates, and the commurfity at large, which will assist the City and County in achieving a new goal of 500 dwelling units per year for very-low, Iow and moderate income residents of Collier County. JOINT CITY/COUNTY POLICIES ,': u!'c..~' 2 ';: Increase the supply of housing for all segments of the community including very Iow, Iow and moderate income residents and those with special needs including farmworker housing, through the use of existing programs such as iow income housing tax credits, density bonuses and impact fee waivers or deferrals. Policy 2.2: Solicit input from the Chamber of Commerce, Economic Development Council, Collier Building Industry Association (CBIA), Naples Area Board of Realtors, Naples Area Apartment Association, Collier County Banking Partnership, the Affordable Housing Commission, and the Collier County Housing Authority to identify potential nonprofit board representation and members, and to develop a mission statement for the non- profit housing agency. The non-profit housing development Corporation will partner with other entities to apply for State and Federal housing funds available to non-profit corporations. This effort wilt result in the development of a more comprehensive housing delivery, svstem that ensures the development of housing for all residents of Collier County through a partnership with private developers, non-profits, local governments a~d 3~h.er ir~terestcd parties. Policy 2.3: The County and City staff will continue to provide community organizations with brochures and up-dates on various housing programs, grant opportunities, technical assistance and other inf~ m.tion that will promote affordable housing opportunities for verb' low, iow and moderate income residents. Policy 2.,~: By 10.~-3, ~,,u CounU and the City will reviuw ex~st~r,g codes ~nd ordinances and arr, e~ld as needed to allow for flexible and innovative residential design that encourages mixed use developments and vane[y cf housing designs, styles, and price ranges. Policy 2.5: By 1998, the County and the City will review the existing permit processing systems in an effort to reduce the processing time and cost-of housing, and especially for affordable hous hq, to ider,tify areas th.:~ ca,~ b~ ?reamfined Policy 2.6: Provide ongoing technical support and assistance to private developers and non-profit hou?;r-.¢ c~cani;~fions iq the,~ '.~fforts to s~cure State or Federal funding. Policy 2.7: Increase the utilization of existing impact fee ordinances to facilitate the development of affordable housing through the provisions of waivers and/Or deferrals. 4 CITY POLICIES *Policy 2.8: Provide financial, technical and support assistance to the residents of the CarvedRiver Park neighborhood through continued coordination with property owners, property managers and renters. COUNTY POLICIES 'Policy 2.9: P~',;e,..' t!-: C3L;:*7's Da;-,sity Bonus Ordinance avery two ~'c~r$ to reflact'~,~;~L4,, ''' ~'"-',g community needs and market conditions. Encourage the blending of affordable housing density bonus units into market rate developments and review the feasibility of approving d6nsity ,'::taus at an administrative level. *Policy 2.10: Through the adoption of local incentives, such as density bonus agreements and impact fee waiver/deferrals, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families. *Policy 2.1 1: The County Housing and Urban Improvement Department will coordinate with independent water and sewer districts to ensure that the necessary infrastructure and facilifi,~s for ~ew ho~ing deve!cF',-r,e,qts are in place, and consistent with the County's C.':r-;curre~cy Management System. *Policy 2.12: T... '""- ', ~'-t~. will adc~t and in-;-)ler~,c~t F.o',',;:'ies wh'oh ,~dd,cs'; :!f,'- !oc~tior~s for f3rm worke~ n3using, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adequate infrastructure and services. OBJECTIVE 3: B) 2.q0O ir'/'-ease the number of housing programs and amount of funding available to p:orr:ct~ tt~e 2reservat;or; dod prutection of existing, stable residential neig,~borhoods. This will be accomplished through the utilization of State Housing Incentives Partnership (SHIP) and CDBG programs including strategies such as Down Payment/Closing Cost A.-~,o~g,p,c}, Rehabilitation and Emurgency Repair, Demohtlon with New Construction, and Impact Fee Waivers or Deferrals. JOINT CITY/COUNTY POLICIES Policy 3.1: llti'ze Federal, State and local resources for housing rehab'!fation programs that repair and maintain the existing housing stock. ApPly for additional funding such as, but not limited to. HOME and Florida Fix as funds become available Policy 3.2: - Local governments will seek out and apply for additional funding to help provide more affordable housing and will support applications from for profit and not-for-profit organizations who apply for State and Federal funding. Policy 3.3: Utilize SHIP resources and other funds to leverage the number and amount o! provided by local lending institutions to very Iow, Iow and moderate income reside leveraging Federal, State and local dollars, increase by five percent (5%) per y, number of loans made by area lending institutions to very Iow, Iow and moderate income residents for home improvements, rehabilitation and first time homebuyer's assistance. CiTY POLICIES *Policy 3.8: Through the Neighborhood Planning Process, the City will identify local housing issues and develop programs as needed to address these concerns. *Policy By 1998, the City will initiate a study of the Old Naples area to determine architectural and development standards to protect and prese]'ve the existing residential character of the area. *Policy 3.10 By 1998, the City will study and make recommendations to amend the Code of Ordinances to limit "megahouses" within the City. By 2000, these changes will be reviewed to determine their effectiveness. *Policy 3.11: By 1999, the City will review the need for a housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods. COUNTY POLICIES Policy 3.12: Co,i;£.' County will apply for Community Development Block Grant (CDBG) urban entitlement county status through the U.S. Department of Housing and Urban r~-,v,-~,-,,-,-~e,,t which wm result in ar~ a~nua! allocation of federal funding available to assist very-iow, tow and moderate income households. OBJECTIVE 4: By 2000. the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of each jurisdictions housing codes, and the provisio¢ of housh~g programs, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throughout the County shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY/COUNTY POLICIES Policy 4.1: By 200'~, use the comprehensive housing inventory to develop and implement new programs to reduce substandard housing employing existing methods such as housing co.'~; ,,-~p~-;ctio~s ;ehabi',it~Iion. and demolitior~ with n6,v ~;c~struction a~,d deveiop new programs as needed. Policy 4.2: F~,uqa;re t~,e Jemo!it, o;~ o¢ d;!apidatod, unsafe or u,~s.J;~i[a,¥ housing [hat does not meet housing code or cannot economically be rehabilitated. Policy 4.3: Review and amend the existing relocation policy of the City and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. Policy 4.4: In the event of a natural disaster or government intervention, replacement housing shall comply with ail applicable Federal, State and local codes and shall consider commercial access:;:.i;ity, publ;.: faci!il, ies. p!aces of employment, and housing income. Policy 4.5: Dv,'ellin9 ur;its wil! be n~ainta!ned in a safe and sanitary condition, inciuding adequate light, ventilation, sanitation and other provisions as required by the County and the City minimum housing codes. This will be accomplished through housing code inspections and enforcement, and housing rehabilitation programs using State, Federal, local and/or private resources. C~TY POLICIES None COUNTY POLICIES None OBJECTIVE 5: Collier County and the City of Naples will annually monitor all identified historically ' 2- ' ts, dete'm,F,c t%~t"- ~ ...i .... ,v~.~_, FF,~aintained, .-:Li, "~; itlL~ct'u, and/or rehabilitated. JOINT CITY/COUNTY POLICIES Policy 5.1: Ensure ".he coordination of the Housing Element policies with the Future Land Use poi,..ies r.oievu,",t to histu~ic preservatiun, All structures that are listed on the National Register of Historic Places, or as contributing structures within the Old Naples National Register H',--+ori.: D;~tricL or .~tructures that are designated as locally significant historic resources wdl be er,~outaged to maintain their h~slor,(, value through the prowsion of technical assistance. Policy 5.2: By 1999, the County and City will review the land development regulations, building code. FE~A ~e~ul~t;'~'~s. arid other requirements and amend as necessary to encourage the conservation, maintenance and rehabilitation of historically significant strt ~otures, CITY POLICIES *Policy 5.3: The C:t,, wi!l implement Objective 6 and all associated policies in the Future Land Use Eiemer',t as they pertain to historically significan!, structures including the criteria for design~.~,t~on ot locally historic resources found in Chapter 12 of the Support Document. Policy 5.4: *B~,' ::900, co::rdinate with Future Land Use policies and study potential incentives to encourage the conservation, maintenance and rehabilitation of historic structures and make recommendations to City Council. COUNTY POLICIES *Policy 5.5: 'F;-,e ,..unse.n/ation and rehabilitation of housing which is of historic significance shall be accnmpl!-~h,~d hv ,,,.'ork:.~9 with m'iva+e sector groups and private developers. *Policy 5.6: The L,qr'd Development Code that regulates the rehabilitation, demolition or relocation of histo;'icatty significant housing will be ernended as needed. *Policy 5.7: Every five years, the Historical Housing Construction Survey will be updated to ensure further identification of historically significant housing. The Collier County Probability maps will be updated as each new historic structure or residence is listed on the National Re~ister or is Ioca!!y nominated. *Policy 5.8: By 1999, the Historic/Archaeological Preservation Ordinance shall be updated to include ~n.v '~e'.-, ',~is,.or,.,~a~ly significant housing and to include any changes in State or Federal regulations concerning historically properties. ('"~ I~ / r- ~ Tf~/~ By 199,9, the County and City will ensure that local land development regulations are in compiiance with State and Federal regulations regarding group homes and foster care facilities locations. JO:%T CiTY/COUNTY POLICIES Policy 6.1: Provide non-profit organizations with information on Federal, State and local housing resources that will assist them in the provision of special needs housing. On an annual ':c_,~: ~, ,~: a:~ '~c~=d, p~ ~ v,ce t,~chnical ass~s:a:,c.u and .~,,k. po,~: as o~gan;=ations apply for funding assistance. Policy 6.2: Review the County and City Fair Housing ordinances and procedures and consolidate fa"r housing implementation in order to provide consistency and coordination between the jur~sciu[ions. By 19~9, review e×isting County and Cit7 land_development regulations and building codes to ensure compliance with State and Federal regulations, and amend as necesse~, ~o provide for grouo homes and foster care facilities licensed by the State of Foiicy 6.4: G'-oup hon,es and foster care facilities will be allowed in res!dentially zoned neighborhoods where adequate infrastructure, services and resources are available. The location of these facilities will be in compliance with local land use regulations and consistent with Chapter 419, F.S. CiTY POLICIES COUNTY POLICIES OBJECTIVE 7' Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, any new mobile home parks will be restricted to areas outside of the urban coastal fringe. JOINT CITY/COUNTY POLICIES None CITY PK)LtCIES ',-odcy }.1: The City formally recognized the existence of one mobile home park in the city limits through a Planned Development rezone process. This rezone process recognized that "-'_ ',,c, ,3 r'- ,;c ",Jr .~: ~_;k ~, :3s pr.,vlde ,~t:'~rdable hOUSing oppcr~unities to those living in the 141 mobile homes and 31 recreational vehicle spaces within this complex. *Policy '7.2: Additional mobile home developments will not be permitted in the city limits due to the Cit;. 's iow ,~'.e~atior,, s~Jscept;bility to flooding, storm surges and high winds ir~ hurricane and tropical storms and that mobile homes are particularly vulnerable to damage. COUNTY ~.O' · Policy i.3. The County has numerous sites where mobile homes are a permitted use and these sites will condnue to be available for mobile home development. However, due to the Iow lying elevations, susceptibility to flooding, storm surges and high winds from hurricanes and tropical storms, and that mobile homes are particularly vulnerable to damac, e, no additic,~.31 sites will be zoned for mobi!e home decelopme~t within coastal Collier County. O;-,Jc~CTtYF_2 d The number of new and rehabilitated units shall i~crease by 50 units per year to address those households with special needs such as rural and farrnworker housinq in rural Collier County_. The County will coordinate with the USDA and other State and Federal Aqencies to provide technical and financial assistance, impact fee waivers and deferrals"""Jlq~ increased density, consistent with the Immokalee Area Master Plan, for a 300 bed facili~_~_~.. to provide housinq for unaccompanied agribusiness workers. "' Po~;cy 8.2: The Coun~ will prepare a housing assessment of single family, multi-family, and mobile home units and mobile home parks in the Immokalee Urban Area to determine the number of units that do not meet health and safety codes and the minimum housinq code and target affordable housinq and code enforcement programs to correct the conditions. Policy 8.3: F_u_r :!~o_q_~,_r_eL~.a_bil;(ahon of both c;¥~te.r and re,~tal units will be provid=d ~.itrough USDA funding and State SHIP funding and leveraqed with additional funding sources to the maximum decree possible, Exhibit A-5 GOLDEN GATE AREA MASTER PLAN Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 Re-adopted September 14, 1999 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN GOLDEN GATE AREA MASTER PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AV~I!. ~?.!.5. Hc+p. ,or a bl~ Paine !.a-M acq~,4e INTRODUCTION TABLE OF CONTENTS P_a_g~ 2 Ii, OVERVIEW A. B. County-Wide Planning Process Golden Gate Planning Process 4 Iii, IV. V. VI. VII. VIII. 1 2 3 4 5 6 7 8 9 10 11 IMPLEMENTATION SECTION A. Goals, Objectives and Policies B. Land Use Designation Description 1. Urban 2. Estates 3. Agricultural/Rural Se~lement SUPPORT DOCUMENT APPENDIX I - CONDITIONAL USES APPENDIX 2 - COMMERCIAL LAND USE NEEDS APPENDIX 3 - GGAMP QUESTIONNAIRE RESULTS APPENDIX 4 - PUBLIC PARTICIPATION SCHEDULE LIST OF MAPS Golden Gate Master Plan Study Areas Golden Gate Area Future Land Use Map High Density Residential Subdistrict Urban Mixed Use Activity Center CR-951 Commercial In-fill Designation Activity Center Map Golden Gate Parkway Professional Office Commercial District Golden Gate F,~tates Neighborhc,~d Centers Randall Boalevard Commercial District Southern Golden Gate Estates Natural Resource Protection Oveday *Adopted Portion 5 5 10 10 23 28 3 6 13 14 16 18 22 1. I,",'TRODUCTION Collier County has experienced a tremendous rate of population growth since 1980 and the tre,~d is anticipated to continue. In response to the anticipated population increase and the Growm Management Act of 1985, Collier County adopted a revised Growth Management Plan in January of 1989 as part of a statewide effort to effectively manage growth. The G,::~',~n G~tc Area (see Map 1 ) has grown at an even higher rate than the County-Wide rate since 1980 and is projected to contribute significantly to County-Wide growth in the future. The Golden Gate Area was previously subject to the regulations outlined in the County's Growth Management Plan. However, in 1991, the unique characteristics of the area resulted m adoption of a separate Master Plan for Golden Gate. This Master Plan became a separate Element of the County's Growth Management Plan and supersedes Objective 1, Policy 1.1, and Policy 1.3 of the County-Wide Future Land Use Element. All other Goals, Objectives, and Policies contained in the Future Land Use Element and all other Elements are applicable. In addition, the Golden Gate Area Future Land Use Map will be used instead of the County-Wide Future Land Use Map. In April 1996, the Board of County Commissioners adopted the Evaluation and Appraisal (EAR) for Collier County. As a result of the recommendations made in the EAR, Ordinance 91-15, which adopted the original Golden Gate Area Master Plan was repealed and a new This plan includes three major sections: The OVERVIEW section provides an introduction to County-Wide and Golden Gate Area planning efforts. The IMPLEMENTATION STRATEGY places the Plan into effect. Sbategies nave bec. n developed to address land use, public facilities, and natural resources. This section also includes the Goals, Objectwes, and Policies, and the Golden Gate Area Future Land Use Map. "'? ~U_P~_O_RT ,~OCUMENT outlines data and ~nfor ~a,,~r~ ~_,sed to dew, lop the implementation strategy and the Goals, Objectives, and Policies. GOLDEN tEE CO. GATE AREA MASTER PLAN ST'U DY AREAS COLLIEF~ COUNTY FLORIDA H~NDRY CO. C.R. ~.~ ~ ~TY ~--R. 84 I -75 NAP[rS ----... c: , ~ "-.. II. OVERVIEW A. COUNTY-WIDE PLANNING PROCESS As mandated by Chapter 163, Florida Statutes, the "Local Comprehensive Planning and Land Development Regulations Act" and Chapter 9J-5, Florida Administrative Code, "Minimum Criteria for Review of Local Comprehensive Plans and Determination of Compliance", Collier County adopted a new Growth Management Plan in January of 1989. This legislation requires al! Counties and municipalities throughout the State of Florida to dove!or) a alan. which consists of the following elements: 2. 3. 4. 5. 6. 7. 8. 9. Land Use; Transportation; Housing; Public Facilities; Capital Improvement; Recreation and Open Space; Intergovernmental Coordination; Housing; and Conservation and Coastal Management (Coastal Counties). Chapter 163, F.S. and Rule 9J-5 also require that the Growth Management Plan be evaluated every 7 years and prepare an Evaluation and Appraisal Report (EAR) to determine how the exisi, ing Grov':;~ Management P!an has carr:,ed out its Goal.~, Objectives and Policies. In April 1996, the Board of County Commissioners adopted the EAR. The Golden Gate Area Master Plan has been readopted to carry out the recommendations of the EAR. B. GOLDEN GATE AREA PLANNING PROCESS Collier County's Future Land Use Element is divided into two sections. The first section outlines the Goals, Objectives and Policies. The second section is the Land Use Data and Analysis. Policy 4.1, contained within the Goals, Objectives and Policies section, states the following: "A det2~led ser'f,')r ~,~an for Golden Ga~,'~ Est,:t,~,$ sh31! b"- 4e'/eloped and mia [his Growth Management Plan by August, 1991. The sector plan shall address Natural Resources, Future Land Use, Water Management, Public Facilities and other considerations." In February 1991, the Board of County Commissioners adopted the original Golden Gate A,':-;,-~ Ma; :~r ?;an after assista~ce and recommendations from a Citizens Steering Committee. III. IMPLEMENTATION STRATEGY This section places the plan into effect. Implementation strategies include the Goals, Objectives and Policies, and the Land Use Designation Description Section. GOAL 1: TO GUIDE LAND USE AND PUBLIC FACILITY DECISION MAKING WHILE BALANCING THE NEED TO PROVIDE BASIC SERVICES WITH NATURAL RESOURCE CONCERNS THROUGH A WELL PLANNED MIX OF COMPATI3!.E LAND USES WHICH ENSURE THE HEALTH, SAFETY, WELFARE, AND QUALITY OF LIFE OF THE LOCAL RESIDENTS. OF_SJ ~CTIVE 1,1: Unless otherwise permitted in this Master Plan, new or revised uses of land shall be consistent with designations outlined on the Golden Gate Area Future Land Use Map. The Golden Gate Area Future Land Use Map and companion Future Land Use Designations, Districts, and Subdistricts shall be binding on ail development orders effective with the adoption of this Master Plan. Standards and permitted uses for Golden Gate Area Future Land ,..Is~ Districts and Subdistricts are identified in the Land Use Designation Description Section of this Element. Policy 1.1,1: The UP, D,\N Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: URBAN - MIXED USE DISTRICT a. ~,¢Cn , ,=old~. ...... Sub,.;:,strict b. High Density Residential Subdistrict URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict b. CR-951 Commercial In-fill Subdistrict c. Commercial Under Criteria d. Interstate Activity Center Subdistrict e. SPnta Barbara Cr~mmerc~al Suhdistrict t. ~olden Gate Parkway Professional Office Commercial Subdistrict Policy 1.1.2: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ESTATES - MIXED USE DISTRICT. b. Neighborf,ood Center Subdistrict c. Randall Boulevard Commercial Subdistrict d. Conditional Uses Subdistrict Policy 1.1.3: 'The AGRICULTURAL/RURAL Future Land Use Designation shall include the following Future Land Use District: SETTLEMENT AREA DISTRICT MAP 2 GOLDEN GATE AREA FL'TURE L. AND L'SE MAP LEGEND GOI.DEN GATE ARF:\ FUTURE LAND [.;SE MAP NAPLES 1MMOK^LEE ROAD ~.,OLDk. N PIN[ ~:DGE RD WHITE BLVD / NAPLES IMMOKALEE ROAD I I ]OIL WELL ROAD RANDALL RAt~OALL BOULEVARD GOMMERGIAL D¢~TRIC T S.R.-84 BOULEYARD II 6 Policy 1.1.4: Conditiona~ Use requests shall adhere to the guidelines outlined in the Conditional Use Descriptior', Section. Policy 1.1.5 Conditional Use requests shall be approved by the Board of County Commissioners by a Super Majority (4/5) vote. Policy 1.1.6: Nc u?,u;cpment orders s;~ai, be ;~sued ;r,consi..;tent witi~ the Golder~ Gate Mastel Plan with the exception of those unimproved properties granted a positive determination through the Zoning Re-evaluation Program and identified on the Future Land Use Map Sedes as properties consistent by Policy and those development orders issued pursuant to conditional uses and rezones approved based on the County-Wide Future Land Use Element (adopted January 10, 1989, Ordinance 89-05) which was in effect at the time of approval. Any subsequent development orders shall also be reviewed for consistency with the Growth Management Plan based on the County-Wide Future Land Use Element. OBJECTIVE 1.2: Ensure public facilities are provided at an acceptable level of service. Policy 1.2.1: Req, ¢ost.~ ¢or n,~w uses of land sh~,l be subject to level cf service standards and cc~ .currency requirements fo: public facilities as outlined in the Capital Improvement Element of the Growth Management Plan. The Golden Gate Area Master Plan shall be updated on an annual basis to reflect changes in programmed public facility improvements. Policy 1.2.3: Ti~. Col!ie; County Transportation Department shall continue to explore alternative financing methods to acce',erate paving of lime-rock roa.~s in the Estates. Po~c:;, 1.2.4: Consisterqt with Florida Chapter Law #89-169, Florida Cities Water Company shall provide updated wa:~r and sewer service data to the Collier County Utilities Division on an annual basis. Policy 1.2.5: Due to the continued use of individual septic systems and private wells within a densely platted urban area, Florida Cities Water Company. is encouraged to expand their sewer and ? qt~ .......... ; ~ t'-, ir'-'.:,,~: ~,!f of ~h.~t ~rr, a ~rr~ov:~ :~$ Oold¢.r' ~':e Ci%' ~t i.h¢. Policy 1.2.6: 'r~a ¢'?den Gate Fire District in cooperatica with County entit!es if appropriate, shall investigate, the esLaDiishmer~t o~ permanent drafting statiohs strateglc, ally located along the canals in Golden Gate Estates as a water resource'to fight fires within the area. OBJECTIVE 1.3: The County shall continue to protect and preserve the valuable natural resources w, ithin,~.the ~, ~ Golden Gate study area. t Policy 1.3,1: The Planning Services Environmental Review staff shall coordinate with all other units of local governments involved in land use activities, permitting, and regulating to ensure that all Fec.~ra;, State and local natural resource protection regulations are being enforced. Policy 1.3.2: The Golden Gate Area Master Plan shall be updated within a reasonable time period after the date set forth for completion in Policies 1.1 and 1.3 of the Conservation and Coastal Management E!sment of the Growth Management Plan. OBJECTIVE 1.4: Provide a living environment, which is aesthetically acceptable and enhances the quality of life. Policy 1.4.1: The County's Code Enforcement Board shall strictly enforce the Land Development Code to control illegal storage of machinery, vehicles, and junk, and the illegal operation of commercial activities within the Golden Gate Area. _G_O__A_L._2.: THE COUNTY RECOGNIZES THAT THE SOUTHERN GOLDEN GATE ESTATES PNOJECT (SGGE), AS PART OF THE FEDERAL SAVE OUR EVERGLADES PROGRAM, THAT AREA WHICH LIES SOUTH OF STATE ROAD 84 TO US 41, IS AN AREA OF SPECIAL EVlRONMENTAL SENSITIVITY AND IS BIOLOGICALLY AND HYDROLOGIC^I. LY IMPORTANT. OBJECTIVE 2.1: Immediately upon adoption of this Objective public infrastructure will be handled by the foitowing policies. Policy 2.1.1 Minm ~ai road maintenance to ,nciude traffic signage, right-of-way mowing and road surface patching/grading will continue. Policy 2.1.2 Consistent with the Public Facilities Element, public water and sewer facilities shall not be e:',~-.n,4,-d ;r. tr. ~GGE Policy 2.1,3 Special taxing districts associated with infrastructure improvements shall not be created for or expand.3d into SGGE. Policy 2.1.4 The County shall apply Chapter 28-25, F.A.C., "Boundary and Regulations for the Big Cypress A.r,~ of Criticai Stste Concern" to those Golden Gate Estates units located within the Big C~p, e-:, ~ ~\r¢..-~ .::' C,",'.ical State C¢,"~cern. OBJECTIVE 2.2: In order to fudher its goal of protecting this area of special environmental sensitivity., the CoUnty ¢,,;! coo~ dmale with DEP in an efio¢ t3 assist the State's acquisition of priva',ely owned property 'within SGGE to the extent consistent with the recognition of existing private property dghts. Policy 2.2.1: ,. ...... .-.,,. The County shall direct inquiries and make information available regarding options for. the ?.ale.~,.~ or donation of land to the State, or other inquiries regarding acquisition, to the Flodda~DEIS; -_..,z.~r~ Bureau oi La~c ,.kcqu,siboh s designee, as provided by DEP. _ Policy 2.2.2: 'rh,~ County. will designate a member of the Community Development and Environmental Services Division to act as liaison between property owners and DEP so as to provide accurate information regarding the acquisition of !and in SGGE. Policy 2.2.3: Immediately upon adoption of this policy, implement a system for reviewing applications for development in SGGE, which will include the following two step procedure: S.~;p I. A. Fre-application Procedure: Notice to D.NR, DEP, Bureau of Land Acquisition, of the application within 5 days of receipt; Bo Notice to the applicant of ~ DEP's acquisition program, the lack of public infrastructure and the proposed restoration program for SGGE; Within the notice of DNR~ DEP's acquisition program, the applicant shall be encouraged to contact DN-R DEP's, Bureau of Land Acquisition to determine and negotiate whether DNR- DEP intends to purchase applicant's property at fair market value; Prior to the processing of an application for development approval (Step II) the app!~.ant shall provide to the Count3' proof of coordination with D-N-R-DEP. Upor~ execution of a contract for sale, the pre-application shall be placed in abeyance pending completion of the purchase by DNR DEP: Step I1: E. Apt:,l!cati~n I~evic, w Pr,)cedure: The County shall review the environmental impacts of the application in order to minimize said impact; The County shall apply Section 2.2.24.3.2, Development Standards and Regulations for ACSC-ST of the County's Unified Land Development Code or Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern", whichever is stricter; and, Fi~e Counb' si~aii provide a ~'~~ maxhnum review and pr,.~ce:, sing time of 180 days from the date of commencement of the pre-application procedure before any development permits are issued. OBJECTIVE 2.3: In order to further this Goal, Collier County recognizes the DEP's Work Plan and time frames for completion of the reappraisal and purchase of lands in SGGE as follows: · Rea,~pmi.~'~t ,~f lands by December 1998, using the Uniform ~tandards of Pm. fe,~sional · ' .~ , ! -.J ', ; :~.;.':L~- ~ ?,'i:i';?.'~ :' ~l[,j · Complete purchase of the SGGE project by Becember 31,2000. Policy 2.3.1: Roc~gn;z;;-;g the t~me f;ames de~cri!-)ed in Objective 2.3 above, if either the reappraisal or purchase is not completed by the dates specified in the Work Plan, the Board of County Commissioners will initiate the process to amend the Growth Management Plan to delete Goal 2 and its related Objectives and Policies during the first amendment cycle following the first -. scheduled completion date of December, 1998 described in the Work Plan. B. LAND USE DESIGNATION DESCRIPTION SECTION The folluwing section describes the three land use designations shown on the Golden Gate Area Fut~,'re Land Use Map. These designations generally indicate the types of land uses for which zoning may be requested. However, these land use designations do not guarantee that a zoning request will be approved. Requests may be denied by the Board of County Commissioners based on criteria in the Land Development Code or in special studies completed for the County. .I_.._.__U.R__B_A.~ P_ESI. LG. NATION: URBAN MI_XED USE AND URBAN COMMERCIAL tJrL,::r: L';esigr;~*tc:i A~ua.: or'~ the Future Lane Use Map include two general portions of Collier County: areas with the greatest residential densities and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated areas accommodate the rnajority of population growth and that new intensive land uses be located within them. The boundaries of the Urban Designated areas have been established based on several factors including: · patterns of existing development, · patterns of approved but unbuilt development, · natural resources, water management, and hurricane risk, · existing and proposed public facilities, · population projections, and · i~.,-,d r,~_~,:;c!,:d to ac~.ommcda~e. ~rowth. The Urban Designation wi!! also accommodate future non-residential uses including essential services as defined by fhe most rc. cently adopted Collier County Land Developn~em Code. Ot;~er perm~tled non-resident;al land uses may include: · parks, open space and recreational use; · water-dependent and water-related uses; · child care centers; · community facilities suc. h as churches, cemeteries, schools and school facilities co- located with other public facilities such as parks, libraries, and community centers, where feasible and mutually acceptable, fire and police stations; · utility and commu.qication facilities. · suppc,~t medica~ facfi.[ie.~_ suci'; as physician's offices, medical clinics, ~,reatment, research and rehabilitative centers and pharmacies (as long as the dominant use is medical related) may also be permitted provided they are granted concurrent with or located wi[hin ¼ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, Golden Gate Urgent Care. Stipulations to ensure that the construction of such support medical facilities are concurrent with hospitals or such medical centers shall be determined at the time of zoning approval. , Gr:...;_; :': ',~'.~!: ~c :ff~all L 2 ~,:~'~'".;:t~..'J within th(: UrL,~r:. Mixcc; Li~(; Z;~str;ct ana Commurcial Districts subject to the definitions and regulations as outlined in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991 and consistent with Iocational requirements in Florida Statutes (Chapter 419.01 F.S.). Group Housing includes the foliowing type facilities: · Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. · Group Care Facility, · Care Units, Shaded a~;c underlin~,d portion is added by Remedial Amendment R-99-2 lO ... t1/ · Adult Congregate Living Facilities, and · Nursing Homes. a. Urb_,;;-Mixed U.~;e District This district is intended to accommodate a variety of residential and commercial land uses including single-family, multi-family, duplex, and mixed use (Planned Unit Development). 1) Urban Residential Subdistrict All land within the urban mixed use designation is zoned and platted. However, any pe-c~l tn be rezoned residential is subject to and must be consistent with the Density Radng :System: DENSITY RATING SYSTEM: a) BASE DENSITY- Four (4) residential un;ts per gross acre which may be adjusted depending upon the characteristics of the project. In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre. b) The following densities per gross acre may be added to the base density: i. Conversion of Commercial · 16 dwelling units - if the project includes conversion of commercial zoning whici; is not located wii. hin an Activity Center or which is not consistent with adopted siting criteria for commercial land use, a bonus of up to 16 dwelling units may be added for every one acre of commercial zoning which is converted. Thes3 d',vellir, g units may be distributed over the entire project. The project must be compatible with surrounding land uses. ii. Oroximity to Activity Center · ~ 6 dwe;ling ur;its - Within an Activity Center · 3 dwelling units - Within 1 mile of Activity Center III, Affordable Housing as defined by the Affordable Housing Density Bonus Ordinance (#90-89 adopted November 22, 1990) · 8 dwelling units iv, Residential In-fill - if the project is 10 acres or less in size; located within an ar~,~ ,'. i',' ccn'-al ,..u~!ic water ~nd ~e~.'.'e' se;-~ice; compatible with surr,-)~ 'r:dir~,g land uses; has no c.~nn~on s~te dew~,;opr',';,;nt pla,~ wi~h adjoinir ! ::roperty; ne common ownership with any adjacent parcels; and the parcel in question was not created to take advantage of the in-fill residential density. · 3 dwelling units Mo Roadway Access - Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined ~.., .,: ~ r-.~:~,~, "--."~:-.~'""eJ"n Services nivisir~ Pr the r:: ~..-] i~ .':.r:h~du!ed for comple[;on r~urir;9 the first i'ive years o; the Capital Improvement Schedule. · Add 1 dwelling unit - if direct access to two or more arterial or collector roads as identified in the Traffic Circulation Element. '~;,.~;e Crc Den~;~', 3a¢ Js ,c~,,:,,ea around Activity Centers. The density band around an Activity Center shall be measured by the radial distance from the center of the intersection around which the Activity Center is situated. or more of a project is within the density band, the additional density a[ plie~,,. /~r, to the entire project. Density bands shall not apply within the Estates Designation. ]! High Density Residential Subdistrict To encourage higher density residential and promote mixed uses in close proximity to A. cti,,,!'-./Centers, those residential zoned properties permitting up to 12 dwelling units per acre which were located within and consistent with the Activity Center designation at Golden Gate Parkway and Coronado Parkway established by the 1989 Collier County Growth Management Plan and subsequently removed by the creation of a new Activity Cen',e;' via t; ~e adoption of the Golden Gate Area Master Plan are recognized as being consistent with this Master Plan and are outlined on Map 3. _b_. __Urbar~ Commercial Districts Act;vit.~ Cor,t~.i Subd~strict The Activity Center designated on the Future Land Map is intended to accommodate commercial zoning within the Urban Designated Area. Activity Centers are intended to be mixed-use (commercial, residential, institutional) in character. The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The size and configuration of the Activity Center is outlined on Map 4. The standard for intensity of uses within each Activity Center is that the full array of commercial uses may be allowed. Hotels and motels that locate within an Activity Center will be allowed to develop at a density consistent with the Zoning Ordinance. All new residential zoning shall be consistent with the Density Rating System. Existing commercially zoned and developed areas, which are not within an Activity Center or do not meet other commercial siting criteria, will be allowed to expand only to the extent permitted under the zoning classification for that property. Expansion inv-.:vin~ aggregation of additional property occurring ai'ter adoption of this Plan shall be subject to the policies of this Plan. MAP 3 HIGH DENSITY RESIDENTIAL SUBDISTRICT 1989 BOUNDARIES OF ACTIVITY CENTER PREPARED BY: GRAPHICS AND TECHNICAL SLIPPORT S[CT~ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SER'VICES DIVISION ~L[: GC..,MP-SB.DWG DATE: 11/96 ACTIVITY CENTER 13 M~P 6 URBAN MIXED USE ACTIVITY CENTER GOLDEN GATE P~ARKWAY AND COkONADO PARKWAY P~A~D 6Y: (~ICS AI4D ]TC~IMI(:AL ~IJ~T '~'C"f~ L ~ LEQ£N'D = ![[ ~ 2) CR-951 Commercial In-fill Subdistrict Due to the existing zoning and land use pattern in the Commercial In-fill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: · Low intensity transitional commercial uses that are compatible with both residential and commercial, to provide for small scale shopping and personal needs. · 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). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zordn9 district consistent with the Golden Gate Area Master Plan); c) Projects within the in-fill area shall be encouraged to make provisions for shared parking arrangements with adjoining commercial developments when applicable; d) Driveways and cur~ cuts for projects within the Commercial In-fill area shall be consolidated with adjoining commercial developments; and e) Access to projects shall not be per,-n~tted from CR-951. 3_)_ Commercial Under Criteria Subdistrict Within the Urban-Mixed Use District certain in-fill commercial development may be permitted. This shall oniy apply in areas already substantially zoned or developed for suc. h uses. The foilowin9 standards, which limit the intensity of uses, must be met: a) The subject parcel: · Must be bounded on both sides 'by improved commercial property or commercial zoning c~ns;stent with the Golden Cat~) Are~ Master Plan; or, · Must be bounded on both sides by 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 C-1FF Commercial Professional/Transitional District are only required to be bounded on one side by improved commercial exemption or compatibility excep[i_on as provided in the Zoning Re-evaluation Ordinance. 4_1 Interstate Activity Center Subdistrict On the fdnges of the Golden Gate Master Plan boundaries, there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-Wide Future Land Use Element (FLUE). Parcels within_this Activity Center are subject to the County-Wide FLUE and not this Master Plan.: .~ ....... Adjacent to this Activity Center on the west side of 1-75 and on the north sid~ of Pi~~ kOV 2 3 C.R. 951 MAP 5 COMMERCIAL INFILL Collier County, Florida DISTRICT 0 50oct GO(.DEN GAT~ ESTAT[S INFILL COMMEROAJ. LEGEND CO~MERC3AL BOUNOARY PREPARED BY: GRAPHICS AND TECHNICAL 5;UI~pC~T S~F,,C~DN ~, ,~ 'COMMUNITY DE;~:LOPMENT AND EN~R~E:NTAL SERV~C[:S DIVISION F'ILE.: GGMP-18.DWG DATE: 11/g6 ~ Ridge Road is a property comprising 12.79 acres located to the west of tile Naples Gateway PUD, which is designated as the Pine Rid§e Road Mixed Use District and con~..ists of Tracts 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded ir': ,'.~1~', Book 7, Page 85, of the Public Records of Collier County. Within this district no more than 35,000 square feet of office related uses on 5 acres are permitted within the eastern portion of this property. The property in its entirety is also permitted to be developed with the following Conditional Uses of the Estates Zoning District with a maximum floor area ratio (FAR) of 0.45: Category I and II Group Care Facilities; care units; nursing homes; assisted living facilities pursuant to 400.402 F.S. and ch. 58A-5 F.A.C.; continuing care retirement communities pursuant to 651 F.S. and ch. 4-183 F.A.C.; schools: churches; and child and adult day care facilities. Such permitted uses shall be encouraged to be submitted as a Planned Unit Development for the subject property in its entirety, with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering, and other pertinent development standards to ensure compatibility with nearby residential areas, and subject to the following additional criteria: · There shal! be no access onto Livingston Woods Lane There shall be a minimum landscaped buffer along the north and west property lines of 75 feet; · Driveway access, parking and water management facilities may be allowed within '~ :~: ~'i' .' ,,~'''f'~'".'~ are.'-, qlc:~g th.'.~ north prop¢,~, !ira- but ~3ne of these uses sha!l be located closer than 30 feet to the west or north property line; and · No automobile parking, homeless shelters or soup kitchens shall be permitted; and · Tile easter n 2.59 a~,res, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. See Map 6 for a detailed map of this Activity Center boundary. l? 18 5) Santa Barbara Commercial Subdistrict The inte,-)t of this Subdistrict £M_Cp_.7_). is to provide Golden Gate City with additional opportunities for small scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain Iow intensity uses which generate/attract relatively Iow traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged s~' -.Is ~c: --..~;c,,, g,'oat.sr fiex;b,lity in site design and ease in conlplJ&nc6 wiLh parking requirements and other development standards. The types of uses permitted are Iow ~ntensity retail, offices, personal services, and institutional uses, such as churches and da,,' care centers. This Subdistrict is intended to promote commercial development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity, existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within one additional year. This requirement to cease existing residential uses does not apply to owner-occupied dwelling units. Wi[n~n one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffer,ng requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does nnt preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of 1 acre. 7. Encouragement of shared access. 8. Enccuragernent of pedestrian traffic by requiring sidewalks and requiring adjacent projects to coordinate location of sidewalks. 9. Building height limitation of two stories maximum. 10. Signage Restrictions. 11. Variance provision applicable to the above items, except Number "4". MAP 7 SANTA BARBARA COMMERCIAL SUBDISTRICT COZ, J,J~R COUNT~. FLORID,4 116 97 119 !8c. 106 ; °07 !~Oq LOT 1 LOT ? 11o 111 LOT 2 i ;t',. PREPARED BY: GRAPHICS AND TECHNICAL SUpr~?RT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL ;ERVICE$ DIVISION FILE: GC-MP-3g,DWC DATE: 8//98 Golden Gate Parkway Professional Office Commercial Subdistrict Ti,e provisions of this distr!ct (see Map 8) are intended to provide Golden Gate City w~th a viable Professional Office Commercial District. The Professional Office Corr~,merclal District has two purposes: · to serve as a bona-fide entry way into Golden Gate City; · to provide a community focal point and sense of place. · The uses permitted within this district are generally Iow intensity, office development and institutional type uses, such as churches, which will m;nimize vehicular traffic, provide suitable landscaping, col~o~ ~9~'ess and e§ress, and erasure compat,bility with abutting residential districts. MAP 8 GOLDEN GAT~ PARKWAY PRO~'F.$$IONAL O~'~IC~' CO&f~ROIAL DISTRICT Co~I~' COunty, Flori~O COMMUNITY DE'v'[LOPMENT AND ENVtRONId, ,TAL $.~VICF'$ Di~SION Fit.E: G(3MP-258.DWC DATE: 12/96 22 2. ESTATES DESIGNATION This dcsi§n.~t!on is characterized by ',c:.v dcnsi*), semi-rural residential lots with limited o;:?o;tun;ties for other land uses. Typical lots are 2.25 acres in size. However, there are som~. lega! non-conforming lots as small as 1.14 acres. Intensifying residential density shall not be permitted. The Estates Designation also accommodates future non-residential uses including: · Conditional uses and essential services as defined in the Land Development Code, · Parks, oper, space and recreational uses, · Group Housing shall be permitted subject to the definitions and regulations as outlined in the Co!,er County Land Development Code (Ordinance 91-102, adopted October 30, 1991 and consistent with Iocational requirements in Florida Statutes (Chapter 419.01 F.S.). · Schools and school facilities in the Estates Designation north of 1-75, and where feasible and mutually acceptable, co-locate schools with other public facilities, such as parks, libraries and community centers to the extent possible. Group H,"' ~sln~ includes the following type fad;ides: · Family Care Facility if occupied by not more than six (6) persons shall be permitted in residential areas. · Group Care Facility, · Adult Congregate Living Facilities, and · Nursing Homes. All of the ab:~ve uses shall be consistent with all of the Goals, Objectives and Policies of the Golden Gate Area Master Plan. a. Estates-Mixed Use District 1) Residential Estates Subdistrict - Single-family residential development may be allowed within the Estates Mixed Use Subdistrict at a maximum density o¢ one unit per 2% gross acres unless the lot i.~ considered a leoal r,o~ ~-,.,,.,, ,i.~.:,~i~ ~g io[ o~ ', e,.,ord. 2) Neighborhood Centers Subdistrict - Recognizing the need to provide basic goods and services to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center desi~onation does not guarantee that commercial zoning will be granted. The ctesignation only provides the opportunity to request commercial zoning. The locations are based on intersections of major roads and spacing criteria (See Map 9). The centers are designed to concentrate all new commercial ?c~r, iqf-, iq locations where traffic impacts can be readily accommodated and to avoid s[;';p ar:,: d;s<';;'ganize(! ¢~et',~rr~s of co;-nn ~er¢!al development. · approximately 5 acres in size and consists of Tract 1, Unit 14, Golden Gate Estates. Shaded and underlined portion is added by Remedial Amendment R-99-2 The node at the NE quadrant of Wilson and Golden Gate Boulevards is 23 The node at CR-951 and Pine Ridge Road is located on both sides of the intersection. Tracts 109-112 and the Nl/2 of Tract 113, Unit 26, Golden G~te Estates are included ;r~ this ,';ode :;s ,~'; '~."~ r ~ ~ .~ ~. for commcrcia development. The S1/2 of Tract 113 and the El/2 of Tract 107, Unit 26 are also included within this node but are only to be used for buffer, water management and open space. Criteria for development at the nodes are as follows: · Limited to Iow intensity transitional commercial uses that are compatible with h~h residential an,t commercial, · Convenience commercial to provide for 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 ). · Future commercial uses are limited to the intersection of Pine Ridge Road and CR-951. This Neighborhood Center may be developed at 100% conln'~ercial and must provide ir,tc;:n~t .;~,rcu!~ticr~, and cny rezonin9 is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal orga~'.i,_at, ons, ch;Idcare cemers, schools, and group c. are facilities. · The parcels immediately adjacent to the existing commercial zoning at the northeast quadrant of Golden Gate Boulevard and Wilson Boulevard may qualify' for Conditional Use under the transitional us~ provision of the Conditional Use Subdistrict of this Master Plan Element. · A single project shall utilize no more than 50% of the total allowed ccmmercial acreage. The percentage may be increased at the discretion of the Board of County Commissioners; · The project is encouragcd to make provisions for shared pa~king arrangements with adjoining developments; · Access points shall be limited to one per 180 feet commencing from the ri0ht-of-way of the major intersecting streets of the Neighborhood Center. ,~, l'llO.,.,u~,idm Oi ~hree curb cuI. s p~, E~d~drall~. SI'la',, b~ ,4iiowcd; · Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible; · Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment; · Projecls directly abutting Estates zoned property shall provide, at a minimum, a 75 foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, apr,; ove~ oond:,t;onal uses, no such buffer is required. · Projects shall provide a 25 foot wide Type C buffer, as described in the Land Development Code, between the abutting right-of-way and the off-street parkir, R area; G©L~~ G^TE ~T^TES NEIGHBORHOOD CENTERS Collter Co~nty, Florid(3 C.R. 846 GOLDEN GAT[ BOULEVARD BLVD. C.,~. 858 C.R. 846 INTERSTAT~- 75 FILE. 25 ! 3) Randall Boulevard Commercial Subdistrict - Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. See Map 10. a) The Criteria for the district are as follows: · Encouraged to be in the form of a PUD · Adequate buffering shall be provided from adjacent properties allowing residential uses. · St,ared park;ng shall be encouraged w~th adjoining developments. b) Limitation of Uses - Uses shall be limited to the following: · Automobile Service Station · Barber & Beauty Shops · Child Care Centers · Convenience Stores · Drug Stores · Food Markets · ~ lard'.rare S~ore~ · Laundries - Self Service Only · Post Offices and Professional Offices · Repair Shops - Radio, TV. Small Appliances and Shoes · Restaurants, including fast food restaurants but not drive-in restaurants · Shopping Center · Veterinary. Clinics with no outside kenneling 4) Conditional Uses Subdistrict Various types of conditional uses are permitted in the Estates and residential zoning districts within the stud:~ area. In order to control the location and spacing of new conditional uses, the following shall apply to requests for conditional uses: a) Essential Services Conditional Uses shall be allowed anywhere within the Estates Zoning District, and are defined as: · elec+r;c r,~ r~.as oemeratin~ o · effluent tanks, · major re-pump stations, · sewage treatment plants, including percolation ponds, · hospitals and hospices, · water aeration or treatment plants, · governmental facilities (except for those Permitted Uses identified in Section 2.6.9 of the Land Development Code), , puBhc safety service facilities, and other similar facilities b) Conditional uses (except essential services) shall not be permitted: · u,,, Golde,~ Gate Parkway within the Es[~:9$ Designated Area west of ~anta Barbara Boulevard, unless the parcel is directly bounded by conditional uses on two (2) or more side yards with no intervening rights-of-ways or waterways; nor · On those parcels immediately adjacent to the west side of CR-951 within ~ ............ Estates Designated Area unless the parcel is directly bounded by condi ]onal uses on two (2) or more side yards with no intervening rights-of-ways or wat~ rway~; ?"P N3V 2 3 RANDALL MAP 10 BOULEVARD COMMERCIAL Collier County, Florida DISTRICT I I I o 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECrlON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL ?~E~VICES DIVISION FILE: GGMP-21.DWG DATE: 12/96 LEGEND ESTATES NEI(~HB~RHOOD C-~N ,-ERS 27 SET'fl. EMENT AREA c) Conditional uses shall be limited to Neighborhood Centers subject to the following: The project shall provide adequate buffering from adjacent properties; and Projects shall coordinate access management plans with other projects within the Neighborhood Center nodes to facilitate a sound traffic movement pattern. d~ Conditional use- may be granted in Transitional Areas. The parpose of this prove, sion is to allow conditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use between non-residential and residential areas. The following criteria shall apply for Transitional Conditional Use requests: Site shall be directly adjacent to a non-residential use (zoned or developed); Site shall be no closer than Y~ road mile from the intersection of a Neighborhood C:~".eri Site shall be 2.5 acres or more in size and shall not exceed 5 acres; ,, Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; · Site s~ ~alt not be adjacent to a church or other place of worship, school, sociai or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; and · ~:~--. ~I-,L;ii Pot L,~ · Site shall not be adjacent to Essential Services, except for libraries and museums. · Project shall provide adequate buffering from adjacent properties allowing residential uses. _5_)___ ?_,%q~_tLg_r:'; Go~dcn Oat~ Estates Natural Re.~oulce Protection Overlay Southern Golden Gate Estates is identified as an Natural Resource Protection Area (NRPA). Overlay on the Golden Gate Area Future Land Use Map. Natural Resource Pr_o_tecti~o~ Are_._a_s fNPP_A¢_ar_e.de_jsig_n~t_e_d_ _on.__tb.e_gD~n G_c!e ,.~re_.~..La_.nd_!.J?.,ff: ~_.~.~_p_' v.,.~u,,n [,'~ese ar_eas, oniy a~ricuiture and o;rectly-related uses and one single fam_.~ _d~.eJl_ing unit per parcel or lot created prior to June 2..2, 1999, shall be allowed; 2. q' I ,ese interim development standards shall not be interpreted to a[fect or limit the continuation of existing uses. Existinq uses shall include those uses for which all required permits have been issued,or uses for which completed applications have been received by the County prior to June 2.2_,_!1_999. 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 not require a rezoning_pr 3. These areas shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. $i~aded and underlined portion is added by Remedial Amendment R-99-2 MAP I1 ,i: :: _,:[55 r~L orr,c[ RD NAPLES IMMOI{Ai-EE ROAD WHITE BLVD. I F~"- ~ 1 ~ ~T~. 7.5 GC~EN G&TE PARKWAY ~ GOLDEN GATE AREA FUTURE LAND USE ,XtAP RANDALL $.R -~4 NAPLES IMMOKALE£ ROAD tOIL WELL ROAD BOULEVARD COMMERCIAL. DISTSICT D-~S'lq BI vr F\T. FR -.~4/ 29 Pg. 3., , _AGRI.CULTURAL/RURAL DESIGNATION - SETTLEMENT AREA DISTRICT S~ti(:ment Area District This af(~a'consists of Sections 13, 14, 23 and 24, and a portion of 22, Township48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between-1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this. property, this property has been "vested" for the uses specified in that certain "PUD" by Sett!ement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. This area is now known as tho Orange Tree PUD and the t~,pes of uses permitted are described in the PUD Docu, n~nt. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognized the property as an a,rea which is outside of the Urban D~sign&tion and which is currently far removed from supportive services and fa~lities. Expansion of the Settlement Area in terms of additional lands or dwelling units, shall be discouraged. Its existence will have no precedential value or effect so far as justifying sin3jla, r._uses on _surrounding or adjacent property. The Settlement Area Land Use District is lim~ite_~'_~dth-_e ai:~a described aboVe and shall not be available as a land use district for any other property in the County. Exhibit A-6 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS October, 1997 Re-adopted September 14, 1999 Symbol AMENDMENTS TO GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT. ELEMENT Date Amended Or.dinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) TI~F. COUNTY SHALL CONTINUE TO PLAN FOR TI~F~ PKOTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF NATURAL RESOURCES. ITS OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1.1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1.1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination and cooperation with private, Regional, State, and Federal agencies and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1.1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. environmental protection standards and cdteda needed for use in the Collier Cou development review process. Implementation shall occur on an annual basis as standl criteria are developed. Policy 1.1.7: Continue with the phased preparation and adoption of all natural resources management and ltv I~n.d ..... ,rds ~ GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 1.1.8: Continue with the phased preparation and adoption of all natural resources management and environmental protection standards and cdteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteda are developed. OBJECTIVE 1.2: Maintain the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system and annually update the databases based on previous year's analytical data in order to monitor the status of the County's natural resources and propose potential protection measures when appropriate. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Environmental Protection, and the Flodda Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2.3: Collected and/or compiled data will be organized by established water-shed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. OBJECTIVE 1.3: By August 1, 1994, complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission) and their habitats. 2 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 1.3.1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. A process for verifying the existence and boundaries of NRPAs dudng development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal Permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOP,) or Federal land acquisition programs for County areas qualifying as NP,PAs. Policy 1.3.2: Continue with management guidelines as defined within the County LDC that provide for the management and conservation of the habitats, species, natural shoreline and dune systems for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NP,PAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. 3 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) GOAL 2: THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER RESOURCES. OBJECTIVE 2.t: By January 1, 2000, the County shall prepare Watershed Management Plans that will address appropriate mechanisms to protect the County's estuadne and wetland systems_. Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2.1.2: The Plans will provide for various tasks such as monitoring land-disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2.1.4: All Watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect wetland and estuary ecosystems; Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt-water intrusion are lessened; The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum, not degrade estuarine resource value; and f. The needs of the watershed's natural resources and human populations are balanced; g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and Non-structural rather than structural methods of surface water management should be considered first in and proposed new works. GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 2.1.5: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2.1.6: Promote intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other Goals, Objectives, and Policies of this Element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands are encouraged. Policy 2.2.3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. Policy 2.2.5: By December 31, 1998, identify stormwater management systems that are not meeting State water quality treatment standards. OBJECTIVE 2.3: All estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3.1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. A~'~~,'~', _~.i 5 r,,,,/; ;. 3 GOPs Conservation and Coastal Management Element D-R-A-F- T (10-5-99) Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2.2. Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydropedod for the natural freshwater input to the estuadne system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2.3.4: Continue to .implement and refine a water quality and sediment monitoring program for the estuadne system Policy 2.3.5: Continue to have staff coordinate with the City of Naples staff regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum, this agreement includes the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living madne resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3.6: Restrict development activities where such could adversely impact coastal water resources. OBJECTIVE 2.4: By June 30, 1998, complete a draft agreement with the Flodda Department of Environmental Protection regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano - Ten Thousand Islands Aquatic Preserves and their watersheds. The agreement shall identify the process for notifying FDEP of development projects within the watersheds of these preserve areas. Policy 2.4.1: At a minimum the County shall notify Department of Environmental Protection of proposed land development projects that could affect these preserves. Policy 2.4.2: - The County shall request the Department of Environmental Protection staff to participate in the development of future coastal and watershed management plans. Policy 2.4.3: The County will request the cooperation of the Department of Environmental Protection to gather data and information needed for monitoring water quality, habitat changes and ~ use activities within the watersheds of these preserves. 6 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) OBJECTIVE 2.5: The County will continue with the implementation of its estuarine management program by requiring development to meet its current standards addressing stormwater management, and the protection of seagrass beds, dune and strand, and wetland habitats. Policy 2.5.1: Identify land use activities that have the potential to degrade the estuadne environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this Element. Policy 2.5.3: This program shall in part be based on the estuadne data analyses and management recommendations contained in the County's coastal management program's technical reports. 7 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL OBJECTIVE 3.1: (~round water ouality shall meet all applicable Federal and State water quality standards by January ~,002 and shall be maintained thereafter. policy 3.1,1 Wellhead protection areas identified on the Future Land Use Map Sedes shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) W-1 is the land area surrounding the identified ootable water wellfield wellheads and extends to the five percent ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) W-2 is the land {area between the W-1 boundary line and the ten percent clround water caoture zone boundary line (which approximates the two year ground water travel time tO the potable water wellfield). (;:) W-3 is the land area between the W-2 boundary line and the twenty-five percent ground water capture zone boundary line (which approximates the five year ground water travel time to the potable water wellfield). d) W-4 is the land area between the W-3 boundary line and the 100 percent ground water capture zone boundary line (which approximates the twenty Year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the..wellfield dsk management zones as follows: a) Future solid waste disposal facilities; prohibited in all wellfield risk management zones. b) Future solid waste transfer stations:..prohibited in W-l, W-2, W-3. c) Future solid waste storage, collection, and recycling stodng hazardous products and hazardous wastes: prohibited i.n W-!., w-2, w-3. d) Future non-residential uses involving hazardous oroducts in auantities exceedinq 2,50 liouid 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 plant.s: prohibited in W-1. f) Future land disposal systems: must meet hiqh level disinfection standards as found in 40 CFR.part 135. gl Land application of domestic residuals: limit metal concentrations, nitr~l_en based on ql~take ability of vegetatio.n.), and require a conditional use. h) Future petroleum exploration and production and expansions of existjnq: i;;)r0hibited in W-1,3nd W-2, conditional u~e reql, lired in W;3 and W-4. i) F[jture on-site disposal systems Cseotic tanks) requiring a s0il ~3b~3rotion area ~qre'ater than 1.000 sauare feet are allowed l0 discharge in lone W-1 subiect to comolving with construction standards and orp.visi0n of an automatic d(~inq device and a Iow-oressure lateral distribution. j) On-site sewa.qe disposal systems fSel;;)tic tanks) serving existing industrial uses and ~l~biect tO the thresholds in d) and.. el above within weltfield ~0nes W-l, W-2. and W- 3 shall meet all construction and ooerafina standards contained in 64E-10. F.A.C. as the rule existed on August 31. 199cj and shall implement a ground water Plan. GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) 3. Conditional ~jse,~ shall be granted only in extraordinary_ circumstances and where impacts of the development will be isolated from the Surficial and Intermediate Aquifer. OBJECTIVE 3.-1-2: The County shall implement a well construction compliance program under cdteria specified in the Collier County Well Construction Ordinance, which is designed to ensure proper construction of wells and promote aquifer protection. Policy 3.-1.2.1: County inspectors who are appropriately trained and knowledgeable of ddlling and grouting techniques required in Collier County will inspect the ddlling and grouting process of all types of wells drilled in the County. Policy 3.-1-2.2: Implement the South Florida Water Management District's well construction standards in the Collier County Well Construction Ordinance that will provide for inspections and penalties if well ddllers do not follow these standards. Policy 3.~_2.3: A committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff will continue to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy 3.-1-2.4: The County will inform well contractors and ddllers and the public on the necessity for proper well construction and hold. workshops for well drillers on proper techniques for well construction in Collier County. Policy 3.-1-2.5: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. OBJECTIVE 3.;~3: Continue to identify, refine extents of, and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1.1 in the Natural Ground Water Aquifer Recharge Sub-Element.) Policy 3.=3~..1: Maintain and-refine a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Policy 3.a3_..2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands". GOPs Conservation and Coastal Management Element D-R-A-F- T (10-5-99) Policy 3.g_3.3: Continue to identity and delineate ex,.~ting land uses that possess the greatest potential for wellfield contamination. Policy 3.a.3..4: Continue to establish and apply technically and legally defensible criteda for determining and mapping zones of protection. OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1.3 in the Natural Ground Water Aquifer Recharge Sub-Element.) lO GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-g9) Policy 3.4.1: Continue the existi~',g water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the' database used in the County's 3-dimensional ground water model. 11 GOPs Conservation and Coastal Management Element D-R.A-F- T ( ~ 0-5-99) GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOJRCES. OBJECTIVE 4.1: Collect and evaluate data and information designed to more accurately determine water use in Collier County such as the County's database tracking all permitted wells and wells having consumptive use permits. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, State, Federal and pdvate organizations the water requirements of the native plant and animal community associations within the County. use OBJECTIVE 4.2: The County will promote conservation of its water supply and by Apdl 1, 1998, develop a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2.4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2.5: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. Policy 4.2.6: Evaluate and make recommendations, where appropriate, for plumbing fixtures and landscapes that are designed for water conservation purposes. 12 GOPs Conservation and Coastal Management Element D-R-A-F- T (10-5-99) GOAL 5: THE COUNTY SHALL PROTEC"' CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and cdteda as provided in the County's Excavation and Blasting Ordinances. Policy 5.1.4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3.3.1 ). Policy 5.1.5: Monitoring shall be required to determine compliance with State water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. OBJECTIVE 5.2: Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. OBJECTIVE 5.3: On biennial basis, beginning in October, 1998, review and refine estimates of types and quantities of 'existing minable mineral resources_in Collier County, based in information collected during previous biennium. Policy 5.3.1: Work with the Florida Department of Environmental Protection and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. 13 Conservation and Coastal Management Element D-R-A-F. T (10-5-99) OBJECTIVE 5.4: The County shall maintain its program to control soil erosion through its regulations identifying criteda to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. Policy 5.4.1: Rely on the USDA Natural Resources Conservation appropriate soil conservation guidelines for agriculture. Service to provide the County with 14 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. Objective 6.1: By June 1, 1998, identify, define, and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection consistent with policies 6.4.6 and 6.4.7 through negotiations between County Staff and development interests as part of the public hearing process. These negotiations are based on provisions in the Collier County Land Development Code No. 91-102. Policy 6.1.1: By June 1, 1998, inventory, define, and prepare development standards and prepare criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with cdteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3 By June 1, 1998, inventory, define, and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development cdteria and standards for land cleadng as part of this process. Policy 6.1.5: The above developed criteda and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this Element will apply. would also insure that some of the most communities are retained. Policy 6.1.8 Incentives should be created which would allow development to continue, but at the same time ecologically sensitive habitat and vegetative 15 GOPs Conservation and Coastal Management Element D-R-A-F- T (I0-5-99) Policy 6.1.9 In the event that the County adopts an open space recreational system, consideration should be given to incorporating the linkage and protection objectives of the retained habitat. OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning madne and fresh water wetlands, excluding transitional zone wetlands, which are addressed in Objective 6.3. Policy 6.2.1: Until such time that Natural Resource Protection programs/plans (Objectives 1.3, 2.5 and 11.6) and development standards for habitat areas (Objective 6.1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. Policy 6.2.3: Altered or disturbed wetlands are considered to be not viable, degraded wetland ecosystems. not naturally functioning, Policy 6.2.4: The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2.6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17), Florida Administrative Code, "Submerged Madne Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. Policy 6.2.8: ' All mitigation for development in Coastal area wetlar~ds should occur in the Coastal area. Policy 6.2.9: Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Flodda Department of Environmental Protection. 16 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 6.2.10: Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2.12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cjuster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydropenod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the histodc hydropedod and ensure the continuity of natural flow way. OBJECTIVE 6.3: A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. Policy 6.3.1: The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. Policy 6.3.2: Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or preservation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. ~ . GOPs Conservation and Coastal Management Element D-R-A-F- T (10-5-99) Policy 6.3.4: Wetlands shall be delineated according to Section 373.(~19 Flodda Statutes and Section 373.421 Flodda Statutes. OBJECTIVE 6.4: A portion of each viable, naturally functioning preserved or retained as appropriate. non-wetland native habitat type shall be Policy 6.4.1: Continue to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element. Policy 6.4.6: All new residential developments greater than 2.5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space, which are planted with native species, shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteda of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development reviewprocess. -~ Preservation of different contiguous habitats is to be encouraged. When several different n, ative ~,~,~' I ~ ~' '7 ~ ,'-'~ I GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) plant communities exist on site, the development plans will reasonably attempt to preserve exa, nples of all of them if possible. However, this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels, which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4.8: Agriculture shall be exempt from the above preservation requirements provided that any new cleating of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. OBJECTIVE 6.5: ~ The County shall continue to incorporate native vegetation into landscape designs in order to promote the preservation of native plant communities and encourage water conservation through native vegetation. Policy 6.5.1: Priorities for incorporating non-invasive native vegetation into landscape design shall be as follows a) The first choice is to keep and enhance existing native habitats on site and intact for incorporation into the landscape design. b) If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c) If this is not practicable, then attempt to use native species to recreate lost native habitat. d) If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote 'xeriscape" principles. Policy 6.5.2: Landscape Ordinances will continue to requirements. identify specific plant coverage and assemblage OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. Policy 6.6.1: Annually identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6.6.2: Continue to regulate boat traffic and other uses_and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3: Where applicable, guidelines of the Department of Environmental Protection for Outstanding Florida Waters and Aquatic preserves shall be considered to review land development projects in and near sea grass beds. ~ ........ 19 GOPs Conservation and Coastal Manegement Element D-R.A-F-T (10-5-99) OBJECTIVE 6.7: The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.7.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Flodda Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: Continue to meet with the appropriate counties at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.7.3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. OBJECTIVE 6.8: The County shall protect natural reservations from the impact of surrounding development. Policy 6.8.1: All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives development near natural reservations. and policies of this Element shall apply to 20 GOPs Conservation and Coastal Management Element D-R-A-F- T (10-5-9g] GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1: The County shall continue to improve madne fishedes productivity by building additional reefs. Policy 7.1.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. Policy 7.1.2: The County will coordinate its activities with the Flodda Department of, Protection, the Marine Extension Office and other appropriate agencies. Environmental OBJECTIVE 7.2: Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through the mechanisms and criteria contained within this element, the County's objective is to control the number of manatee deaths due to boat related incidents to no more than this seven- year average. Policy 7.2.1: Characterize and map designated greatest potential threats. critical manatee critical habitats and evaluate areas of Policy 7.2.2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5). Policy 7.2.4: The County will continue to work with appropriate State and Federal agencies to identify areas where propeller ddven boats will be prohibited. OBJECTIVE 7.3: By January 1, 1992, the County shall develop and implement programs for protecting fisheries and other animal wildlife. Policy 7.3.1: By accrediting Natural Resource staff as code enforcement officers, the County shall continue to enforce its existing Sea Turtle Protection Ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests. 21 G OPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 7.3.2: Continue to update the guide for homeowners and builders, which explains the need for protecting sea turtles and how this can be accomplished. Policy 7.3.3: The County will continue to prepare management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Flodda Panther, wood stork habitat and for other species of special status. Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7.3.5: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts, which will require relocation of burrows. The suitability of alternate sites should be evaluated as to: a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives for the land, and d. costs of relocation. Policy 7.3.6: A species survey to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Flodda Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's ElS review process. Policy 7.3.7: The County shall notify the Flodda Game and Fresh Water Fish Commission of the existence of any species with special status that may be discovered as a result of the species survey required in Policy 7.3.6. Policy 7.3.8: The County will continue to periodically review and revise its existing codes providing for appropriate prohibitions and restrictions on the commercial possession, use, and harvesting of undesirable exotic species. Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Florida Panther as "Areas of Environmental Concern" on the county Future Land Use Map. GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the standards. County shall comply with all applicable federal and State air quality Policy 8.1.1: The County will rely on the Flodda Department of Environmental Protection, the Flodda Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Flodda Department of Environmental Regulation, Flodda Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental Protection, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. Policy 8.1.4: Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By January 1, 2000, the County shall investigate the need for a more comprehensive local air quality monitoring program. 23 N3V 2 3 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULOI.,$ AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9.1 The County shall implement and update biennially a hazardous materials emergency response element as part of its Comprehensive Emergency Management Plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Flodda Regional Planning Council and the local planning committee established underTitle III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other Federal, State and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9.1.6: A training program shall be developed for emergency response personnel. Policy 9.1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including pedodic updates. OBJECTIVE 9.2: The County shall vedfy the management and disposal practices of identified businesses that are potential generators of hazardous waste, at a rate of 20% of these businesses per year. Policy 9.2.1: Dudng the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. GOPs Conservation and Coastal Management Element D-R-A-F-T [10-5-99) Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spe. nt solvents and other hazardous waste in areas close to potable wellfields. OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to collection day at least once per year. hold its hazardous waste Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. OBJECTIVE 9.4: By Sc,.' bc' '~"' "non continue to implement its local storage -~.c,,m , {The County shall A..+..~.,...., tank compliance program. Policy 9.4.1: The County shall implement provisions of the contract with the Department of Environmental Protection under the Super Act provisions in order to avoid any duplication of effort. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. Policy 9.4.3 Unless otherwise provided for in CCME Policy 3.1.1, storaqe tank systems shall adhere to containment provisions required in 62-761, F.A.C., as it existed on August. 31, 1999. L ..csc,.' c-.~ tcnk cyctcm: '-- ...................... -~-'+--'"-";-~ ~' .... '~-'u: ccnct!t'--'cntc L". thc ccptc;c c,-.d i,n 'J':,= -r ", ,. 25 GOPs Conservation and Coastal Management Element D-R-A.F.T (10-5-99) GOAL 10: THE COUN'rY SHALL PROTECT, CONSERVE, MANAGE, AND APPROPRIATELY USE ITS COASTAL BARRIERS INCLUDING SHORELINES, BEACHES AND DUNES AND WILL PLAN FOR, AND WHERE APPROPRIATE, WILL RESTRICT ACTIVITIES WHERE SUCH ACTIVITIES WILL DAMAGE OR DESTROY COASTAL RESOURCES. OBJECTIVE 10.1: Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. Policy 10.1.1: Priorities for water-dependent uses shall be: a. Public Boat Ramps; b. Marinas; 1. commercial (public) marinas over private marinas; 2. storage over wet storage; c. Commercial fishing facilities; d. Other non-polluting water-dependent industries or utilities. Policy 10.1.2: No deep water ports shall be allowed. Policy 10.1.3: Priorities for water-related uses shall be: a. Recreational facilities b. Marine supply/repair facility c. Residential development Policy 10.1.4: The following priodty ranking for siting of shoreline development and the resultant destnJction or disturbance of native vegetative communities for water dependent/water related land uses shall apply: a. b. C. d. e. f. g. areas presently developed, disturbed uplands, disturbed freshwater wetlands, disturbed marine wetlands, viable, unaltered uplands, viable, unaltered freshwater wetlands, viable, unaltered marine wetlands. Policy 10.1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7.2.3.) 26 2 3 '273 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 10.1.6: New marinas shall conform to the following criteria: a. Madnas must provide vehicular parking and sewage pump-out facilities; bo Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water. Madna facilities must be accessible to all public services essential to ensure their safe operation. do Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which descdbe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 10.1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in madne wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 10.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate the economic need and feasibility for such development. Policy 10.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renoudshment project. 27 GOP$ Conservation and Coastal Management Element D-R-A.F-T (10-5-g9) Policy 10.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments, which provide public access facilities. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. Policy 10.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 10.2.6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. OBJECTIVE 10.3: Undeveloped coastal banders shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible protection of the natural form and function of the coastal barrier system. with Policy 10.3.3: The highest and best use of undeveloped coastal banders are as functioning natural systems; therefore the first altemative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 10.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 10.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal bander vegetation or restoration program. Policy 10.3.6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal banders. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with aab. u'al function of such coastal barrier system.~.~' 28 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 10.3.7: Participate in and encourage Regional and State programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. Policy 10.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 10.3.10: No new bridges, causeways, paved roads or commercial madnas shall be permitted to or on undeveloped barder systems. Policy 10.3.11: Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 10.3.12: Require the use of the "Planned Unit Development" (PUD) provisions of the Zoning Ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 10.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 10.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 10.3.15: Agriculture and timbering are not exempt from the above Goals, related to coastal barrier systems. Objectives, and Policies OBJECTIVE 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. ~. ...... 29 G OPs Conservation and Coastal Management Element D-R-A -F- T (10-5-99) Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Flodda Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 10.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Policy 10.4.10: Vehicle traffic or traffic on the beach and pdmary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. 30 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 10.4.11: Develop ~ax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 10.4.12: In permitting the repair and/or reconstruction of shore parallel structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, b. Where appropriate, repaired structures will be redesigned engineered stabilization Policy 10.4.13: Development and redevelopment proposals shall consider the implications of potential dse in sea level. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 10.5.2: Prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 10.5.5: Prohibit motodze vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: Pursue the acquisition development. of undeveloped beaches and dunes as the first 31 GOPs Conservation and Coastal Management Element D-R-A-F.T ( lO-5-gg) Policy 10.5.8: Prohibit shoreline arn,oring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concems as specified in The 1985 Florida Coastal Zone Protection ACt, there shall be no shore arrnodng allowed except in cases of public safety. Policy 10.5.10: Construction activities shall not interfere with the Sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 10.5.11: The County will waive all other non-safety related setback requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. OBJECTIVE 10.6: =,._~ .^._=.....* ,, , ,nnn, v...., ~ _The County shall .~v"'~"~+ ~ conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. Policy 10.6.1: In addition to those aDolicable oolicies SUDOOrtin~ Obiectives 10.1, 10.2, 10.3, 10.4, and 10. 5, develoament within the County's coastal ~one shall also meet the foIlowin~ cdtefia: 1. Densities on the followinq undeveloped coastal barders shall not exceed 1 unit Der 5 acres: a. Wiq_qins Pass Unit FL-65P, b. Clam Pass Unit FI-64P. c. Keywiaydin Island Unit P-16, d. Tiqertail Unit FI-63-P. e. Cape Romano Unit P-15. Site alterations shall be concentrated in disturbed habitats th~s avoidinq undisturbed pristine habitats (Reference Policy 10.1.4). Beac.,hfront develoI;)ments shall re,~,tore dune ve(~etation. Proiects on coastal barriers shall be landscaped with native Southem Floddian $1;)ecies. Boathouses. boat shelters and dock facilities shall be located and ali(3ned to stay at least 10 feet from any exisfin(3 sea(3rass beds exceDt where a confinu{)u~ bed of Sea(3rass exists off of the shore of the property, in which qase facility heioht~ ~hall be at le~aSt 3,5 feet NVGD, terminal olafforms shall be less then 160 square fe~t and access docks shall r ot-ewceed a width of four (4) feet. 32 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-g9) Policy 10.6.-1-2: Thc p;c.3;cm ~m'..J'.:dc= The requiren,ants of Policy 10.6.1 identifies the ,m,c,".c;cmc:t, guidelines and performance standards,.,v,.......'~ for the undeveloped coastal barders and estuaries contained within the coastal barrier and estuadne NRPA (CCME Policy 1.3.2). These standards therefore satisfy the requirements of CCME Policy 1.3.2. Court."; ~" Policy 10.6.43: ':'~'" prcgrcm .... :""'" '~'" ;~,,~.1;,.~,-.~.;.... ,F .. ....+....,:.., · :.. ' .... ' For shoreline ............ t- ......... '"CC CC~ ...... development projects where an EIS is required~ an analysis shall demonstrate that the proiect will remain fully functional for its intended use after a six-inch rise in sea level. Policy 10.6.63: Collier County supports federal and state agency efforts to deny permits and establish a permanent moratorium on the offshore oil and gas exploration and drilling along the west coast of Flodda, and to the extent allowed by law, shall take appropriate actions to oppose any offshore oil and gas exploration and drilling projects in this sensitive area. 33 GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) GOAL 11: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HIS'~ DRIC RESOURCES. OBJECTIVE 11.1: To protect histodc and archaeological resources in Collier County. Policy 11.1.1: Continue in effect regulations regarding development and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. Policy 11.1.2: There shall be no loss of histodc or archaeological resources on County-owned property and histodc resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. Dudng the development permit review process, histodc or archaeological sites shall be identified and shown on the site plans; bo The County shall establish waivers for non-safety related set back requirements and site planning requirements in order to accommodate histodc structures or historic sites within a proposed development; As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Flodda Division of Histodc Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of histodc or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer stdps or open space up to the maximum area required by development regulations. Conservation of such histodc or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 11.1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to a~3y such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. GOPs Conservation and Coastal Management Element D-R-A -F- T (10-5-99) GOAL 12: THE COUNTY ,~HALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFAk E OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 12.1: -.'-'. ...... -.' °" ....'~""'"~';"" "~ ""*;";': ..... ,.'"'"""", *" '"**";- "" The County will maintain the 1994, hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the ~ 1996 Southwest Flodda Regional 1~ Hurricane Evecuati0n Plan Update, and reduce that time frame by 1999, to 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 evacuation zone as defined in the 1996 Southwest Flodda Reqional Planninq Council Hurricane Evacuation Study Update ......~""-'"""...~..~ .... ..,,.v,.~....,J .... ~;'"' ..... _v,.~ ~'--,.-*--J_.._....., ,..=..~-:--~- Policy 12.1.1: A comprehensive awareness program will be developed and publicized pdor to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. This information shall be made readily available to all hotel/motel guests. Policy 12.1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 12.1.3: The County shall continue to identify shelter space that complies with Red Cross standards for 45,000 persons by 1998 and 60,000 by 2002. Shelter space will be determined at the rate of 20 square feet per person. Policy 12.1.4: The County shall continue to maintain requirements and standards for hurricane shelters for all new or existing mobile home subdivisions in the process of expanding, which are 26 units or larger in size to provide emergency shelter on-site or provide funding to enhance existing public shelters off-site. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population dudng the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level utilizing the current National Oceanic and Atmospheric Administration's storm surge model, known as Sea, Lake, and Ovedand Surges from Hurricanes (SLOSH).; The design and construction of the required shelters shall be guided by the wind loads applied to buildings and structures designated as 'essential facilities' in the latest Standard Building Code, Table 1205. Shelters shall be constructed with adequate emergency electrical power and potable water supplies; shall provide adequate glass protection by shutters or boards; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment. A telephone and battery-operated telephone is also required within the shelter. Policy 12.1.5: The directors of the Transportation and Emergency Management Departments will review, at least annually, evacuation route road needs to assure that necessary improw me, ts are GOPs Conservation and Coastal Management Element D-R-A-F- T (10-5-99) Policy 12.1.6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and State emergency plans in the identification of emergency evacuation mutes. Policy 12.1.7: The County's land development regulations include mitigation policies addressing flood plains, beach and dune alteration and storm water management. Policy 12.1.8 Upon approval of the "Local Hazard Mitiqation Strategy" bY the Department of Community Affairs Collier County will beqin implementation of the Local Mitigation Projects as listed in the Plan. OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 12.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 12.2.3: The County shall participate in the National Flood Insurance Program (NFIP). Policy 12.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Policy 12.2.5: The County shall consider the coastal high-hazard area as that area Iyinq within the Category 1 ,~vacuaton zone as defined in theh Southwest Florida Regional Planning Council Hurricane. . ---_.._l=va~u~tinn Study Update, .v ........ ,. .. . , .."' .."~, ,....,, .. ,,-...,..,..,......._, r.......,.,....., ,~., .~'"+;"".. ,, ~"""*'"'....., ,., v, -.,'" .... ,~ . ,...'~ ~'~., .~ "'"*~"""', ._.,v,, .. , · ' """'"'"" ' · ;~'" ~.'1 v,,.,~ ,,,,,~,,,,.,,~.,, ~ .....,,?',,~ 36 II;^. In Cc .....Cc~:nt'/, th~ GOPs Conservation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 12.2.6: The County shall require that ail new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage dudng flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. Policy 12.2.7: The County shall continue to assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 12,2.8: Public facilities that are dependent on county funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. OBJECTIVE 12.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 12.3.1: The Comprehensive Emergency Management Plan shall comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Policy 12.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done pdor to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 12.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task force. Policy 12.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with State and Federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 12.3.5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to m~ ~ltings habitable. These actions shall receive first priority in permitting decisions. N.~.~ 37 GOPs Consen/ation and Coastal Management Element D-R-A-F-T (10-5-99) Policy 12.3.6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or'to modify the structure to mitigate any recurrence of repeated damage. Policy 12.3.7: The County shall develop and adopt a Post-disaster Recovery, Reconstruction and Mitigation Ordinance pdor to May 30, 1997, to evaluate options for damaged public facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 12.3.8: Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition dudng post-disaster recovery. OBJECTIVE 12.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the eldedy, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 12.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 12.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 12.4.3: The County, in cooperation with the Collier County Health Department and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. 38 GOPs Conservation and Coastal Management Element D-R-A -F- T (10-5-g9) GOAL 13: THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. OBJECTIVE 13.1: To establish, prior to the adoption of any land development regulation to implement this Element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, State, or Federal agencies with jurisdiction over the activities sought to be regulated. Policy 13.1.1: There will be no unnecessary duplication of existing Regional, State, or Federal permitting programs. Policy 13.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 13.1.3: Prior to adopting any new regulations to implement this Element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing Regional, State, or Federal regulation. b. The regulation can be effectively and efficiently administered by authorized increases to County staff. c. The cost to the County of implementing the regulation shall have been identified and considered. 39 Data and Analysis Supporting the Transmittal of Remedial Amendments R-99-3 Drainage, Ground Water Recharge, and Wellfield Protection Required by Final Order AC-99-002 Issued by the Governor and Cabinet June 22, 1999 Prepared by: Collier County Natural Resources Department November 9, 1999 Data and ~4nalysis Remedial.4mendments (R-99-3) November 9, 1999 Introduction and Purpose The Governor and Cabinet's Final Order (AC-99-001) directs Collier County to develop and transmit a number of remedial amendments to bring the Collier County Growth Management Plan into compliance. Several amendments have been identified to address issues of drainage, ground water recharge, and wellfield protection. This report specifically provides information to support the proposed policies addressing the drainage, ground water recharge and wellfield prote, ction issues raised in the Final Order. The Board of County Commissioners must trammit these amendments to the Department of Community Affai~ by November 30, 1999. Page - 2 - Pg.~ Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 Drainage In 1989 and 1990, during the final development of the Collier County Stormwater Management Master Plan, the County formed an ad-hoc committee to develop a consensus on establishing drainage basin average discharge rates and maximum post-development discharge rates for new developments. The committee considered the following objectives: a) utilize information and recommendations fi.om existing engineering studies when available, b) consider the existing capacities and conditions of the stormwater management canal systems, c) consider the impacts to the environment, and d) consider the potential physical and economic impacts on existing and future public and private development activity. One of the first areas of the County evaluated by the ad hoc committee was the geographic region known as Water Management District No. 6 which is located in the southeastern portion of the urban area. The Big Cypress Basin funded a study of the area in 1985 by the consulting firm of Wilson, Miller, Barton and Peek, Inc. (1). Their conclusions, in a report titled "Master Plan Update for Water Management District No. 6", identified the typical rate of discharge from undeveloped areas as 0.12 cubic feet per second per acre (cfs/acre) for the region stud~ed. The typical rate of discharge from developed areas was higher and varied with the size of the area. The Study's recommendations included many channel and drainage structure improvements which were based upon a basin average discharge rate of 0.12 cfs/acre. In order to achieve the average discharge rate of 0.12 cfs/acre, the County had been unofficially requiring new developments to restrict their discharge rates to 0.06 cfs/acre to offset the impact fi.om older existing developments. This restriction was based upon the fact that approximately half of the land area within the Lely Main and Lely Branch Canal Sub-basins was currently undeveloped. These two sub-basins formed the heart of the Water Management District No. 6 study area where future public water management improvements were proposed. The ad hoc committee evaluated this restrictive discharge rate and agreed that it was necessary to officially establish a maximum post-development discharge rate of 0.06 cfs/acre for all areas discharging into the Lely Main Canal, which includes the Lely Branch Canal. Page - 3 - Data and dnalysis Remedial.qmendments (R-99-3) November 9, 1999 The next area of the County evaluated by the ad hoc committee was the northern portion of the urbanized area served by the Cocohatchee River Canal. The consulting firm of Gee and Jenson Engineers, Architects, and Planners, Inc. studied this region in 1981 (2). One of the recommendations of their report was that a maximum post-development discharge rate for any new development within the basin study area should be established as 24.6 els/square mile which equates to 0.04 els/acre. The ad hoc committee evaluated this recommendation in relation to development activities that had occurred subsequent to 1981 and determined that the 0.04 els/acre discharge rate would still be valid for all areas discharging into the Cocohatchee River Canal. For the remaining portions of the County, the ad hoc committee spent considerable time and effort in arriving at a consensus. Since the Airport Road Canal North Sub-basin drains to the Cocohatchee River Canal, the committee agreed that its discharge rate would be the same as that of the Cocohatchee River Canal. For the existing AL--port Road Canal South Sub-basin, the decision was made to recommend a maximum post-development discharge rate of 0.06 cfs/acre based upon the strong similarity of conditions to the Main Lely Canal Basin. The Airport Road Canal South is a fairly restricted canal with little possibility of enlargement. The basin was approximately half developed for residential or commercial purposes with sizable a~m'icultural tracts that would soon be facing redevelopment. It was agreed that a restrictive discharge rate of 0.06 cfs/acre would help the basin approach an overall average of approximately 0.15 cfs/acre, which was manageable for the existing canal capacity. All other areas of the County were identified as reasonably similar to undeveloped lands within both the Water Management District No. 6 and Cocohatchee River Basins. Ut/li~ing the previous studies it was finally agreed that an average discharge rate of approximately 0.1 to 0.3 cfs/acre would be derived if a detailed analysis were performed for the entire area. Subsequent consensus building discussions arrived at a final ad hoc committee recommended maximum post-development discharge rate of 0.15 cfs/acre for all portions of the County not specifically identified as having more restrictive discharge rates. The ad hoc committee also developed provisions for variances from these discharge rates based upon site specific engineer Page - 4 - Data and dnalysis Remedial Amendments (R-99-3) November 9, 1999 to confirm historical pre-,'~velopment discharge rates. Subsequent provisions has proven to be very minimal in number and area affected. usage of these variance On January 23, 1990 the Collier County Board of County Commissioners accepted the recommendations of the ad hoc committee and established them as official regulatory policy by placing them in Ordinance No. 90-10. These discharge rates are now being proposed in Policy 1.6.3 in the Drainage Sub-element to comply with the requirements of the Final Order. Page - 5 - Data and Analysis Remedial~4mendments (R-99-3) November 9, 1999 GrouL ! Water Recharge The Final Order requires the County to adopt provisions into the Growth Management Plan to provide measureable and adequate levels of protection for ground water resources and aquifer recharge areas. Specifically, the County is required to classify aquifer recharge areas by recharge amount per year and to identify all prime high aquifer recharge areas adopted by the South Florida Water Management District. Also, the County shall adopt policies to protect the functions of all aquifer recharge areas and to protect ground water quality and quantity. Delineation of Aquifer Recharge Areas Maps 1 and 2 delineate ground water recharge to the Surficial Aquifer and Lower Tamiami Aquifer, respectively. These maps are based on information contained within the South Flor/da Water Management District publication WRE #327 (3) and were produced by the County, using the electronic data files provided by the SFWMD. WRE #327 notes that "mapping recharge on a quantitative basis is particularly difficult/n areas having extensive wetlands and/or h/ghly controlled surface-water drainage, such as is exhibited within the SFWMD." It further notes that "because these maps portray recharge estimates derived fi-om regional model(s) calibration, emphasis should be given to re~onal data trends rather than to local anomalies (i.e., high and low values displayed within a small area)." Because of the difficulty of accurately calculating and delineating recharge in South Florida, County staff understands that the SFWMD Governing Board has not formally identified prime aquifer recharge areas for South Florida. Protection of Ground Water Recharge Rainfall is the primary source of water for aquifers. Under the force of gravity, rainfall percolates downward through porous surface soils to enter the aquifer. Areas ha,,5.ng this downward ground water flow are called recharge areas. Since most aquifer recharge areas are surface features, they are subject to alteration by development. Covering. a recharge area with impervious surfaces, such as roads, parking lots and buildings, reduces the area aw Page - 6 - pg. Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 rainfall percolation and alters the rate and volume of recharge in that area. Increasing the rates at which stormwater drains away from recharge area surfaces also decreases recharge potential. When impervious areas increase, rainfall available for ground water recharge will decrease unless the runoff is retained on site. Fortunately, currently required stormwater management practices effectively retain the immediate runoff and allow it to recharge the local ground water table. Provisions for retaining/detaining stormwater to protect downstream surface water also protects ground water recharge. The following analysis demonstrates that the stormwater criteria used by the SFWMD and proposed to be adopted in the Growth Management Plan (Policies 1.6.2 and 1.6.3 of the Drainage Sub-element) are adequate to protect ground water recharge areas for Collier County.. Nearly 90% of Florida storms are less than or equal to 1 inch of runoff. This information has been used by regulatory agencies to establish' current stormwater management criteria. Figure 1 shows a general distribution of storm volume events for Florida. Information in Figure 1 has been used to estimate the distribution of storm event volumes for Collier County using an annual rainfall amount of 52 inches. Analysis of this information estimates that 36.1 inches of annual rainfall can be captured on-site for a 0.5 inch retention criteria (Figure 2). Figure 3 presents the estimated amount of rainfall captured annually by stormwater systems having retention standards from 0.5 inch to 2.0 inches. Inspection of Figure 3 demonstrates that storrnwater systems retaining 0.5 inches to 1 inch of rainfall runoff store approximately 36 inches to 44 inches of rainfall that is subsequently available for recharging the underlying ground water table. 4. The estimated annual recharge to Surficial and Lower Tamiami Aquifers (Maps 1 and 2) are in the order of 14 inches to 43 inches within the coastal urban boundary. rainfall retained by stormwater systems of 36 inches to 44 inches compares fay{ Page - 7 - The estimated Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 these estimated recharge rates in the urban areas. This is especially significant when considering that most of the County's public wellfields withdraw from the Lower Tamiami aquifer which has the smaller recharge rate. The highest recharge rates are located in the rural area of Collier County, approaching more than 56 inches per year for the Surficial aquifer. Much of this area is already plat-ted as Estates, which are single family residences located on 2 1/4 or 5 acre lots. Figure 4 summarizes the results of an analysis to determine the effect of residential development on recharge values in the Estates. It is estimated that post development reduces the recharge contribution by only 2%. The potential recharge value for these areas is approximately 45 inches, which compares favorably with the estimated annual recharge values, especially for the Lower Tamiami aquifer. (The methodology for calculating this estimate is found in Appendix A.) This analysis indicates that the criteria used for designing stormwater systems results in a significant amount of rainfall being retained and potentially available to recharge local ~ound water supplies. Collier County proposes to adopt these stormwater criteria in Policies 1.6.2 and 1.6.3 in the Drainage sub-element. Given the stated limitations to calculating and mapping recharge in south Florida (3), the County finds that these policies are an appropriate mechanism to protect the County's ground water recharge areas. Page - 8 - Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 Wellfield Protection The Final Order requires the County to adopt provisions to protect wellheads and wellfields. Specifically, the County is to adopt specific land use restrictions surrounding wellfields. The Final Order specifies the types of land use restrictions of these areas. Wellfield Protection Areas In November 1991, Collier County adopted Ordinance No. 91-103 which adopted wellfield risk management zones and associated land use restrictions designed to protect the respective wellfields. These wellhead protection areas are shown on Map 3 and are proposed to be adopted into the Collier County Growth Management Plan. As preparation for Ordinance No. 91-103, Collier County evaluated the hydrogeological characteristics of the Surficial aquifer system in Collier County. This system is composed of the water table aquifer and the Lower Tamiami aquifer. The vertical leakage between these two aquifers is found to be great enough to adopt land use restrictions for wellfields withdrawing from these aquifer systems and for wellfields withdrawing from the Sandstone aquifers. Data also indicated that wellfields withdrawing from systems lower than the Sandstone aquifer (i.e. Port of the Islands) are sufficiently protected from surface activities and thus require no additional protec, tion other than those specified by state standards. The wellfield risk management zones were derived from the three-dimensional computer- modeled analysis of groundwater flow and solute transport in the freshwater aquifer system of Collier County, as prepared and presented in a study commissioned by Collier County (4). The wellfield study used a 20-year planning horizon capture zone around wellfields selected for the modeling study. This timeframe was predicated on the anticipated Year 2005 pumpage rate for each production well in the study. The 20-year capture zone was selected to correspond to the 20-year planning period to evaluate public facilities as provided in F.S. ch. 163. Page - 9 - Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 The maximum areal extent of the wellfield risk management special treatment overlay zones is defined by a closed contour around each wellfield, which represents the 20-year planning horizon capture zone. The capture zone is the plan view area from where all water migrates laterally to a well during the planning horizon. Partial planning horizon capture zones for 1, 10 and 25 percent of the 20-year planning horizon capture zone approximate the one-year, two-year, and five-year particle traveltimes, respectively. These partial planning horizon capture zones correspond to wellfield risk management special treatment overlay zones W-I, W-2, W-3, and W-4 for the 20- year planning horizon. These wellfield risk management zones are identified in Map 3 as the required wellhead protection areas specified by the Final Order and are defined in proposed Policy 3.1.1 of the Conservation and Coastal Management Element (CCME). Land Use Restrictions Proposed Policy 3.1.2 of the CCM~ identifies various land use restrictions within the mapped wellhead protection areas for the identified wellfielcls. These land use restrictions are those specified in the Final Order. Page- 10- Data and,~nalysis Remedial ,~mendments (R-99-3) November 9, 1999 I II t I I I i I ! I Page - 11 - Data and Analysi~ Remedial Amendments (R-99-3) November 9, t999 Page- 12 - Data and ,inalysis Remedial ,~mendments (R-99-3) November 9, 1999 I T46SI T47S I T48S I T49 S I , 5O S I T 51 S I T 52 S I T 53 S Page.- Data and,~nalysis Remedial,~mendment~ (R-99-3) November 9, 1999 Figure 1 AVERAGE NUMBER OF STORMS/YEAR = 121 5 YEARS OF DATA 13 FLORIDA LOCATIONS i I I I I I l 1.o ~.~ 2.0 2.~ 3.0 3.~ ~..o RAINFALL VOLUME (INCHES/EVENT) FOR 13 LOCATIONS IN FLORIDA ov~m ^ ~-Y~ ~ER,OD Page- 14- Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 Figure 2 Estimated Rainfall Retained by the 0.5-inch Retention Requirement Rainfall Volume (In~he~/Event) Page-15- Data and/lnalysis Remedial Amendmen~ (R-99-3) November 9, 1999 Figure 3 Potential Annual Rainfall Retained for Various Stormwater Retention Criteria 60 50 40 30 20 10 0 0 0.5 1 1.5 2 Inches Retained per Storm Event Page - 16 - NgV 2 3:2?3 Data and dnalysis Remedial AmendmentS (R'99-3) November 9, 1999 Figure 4 Effect of Residential Development in Golden Gate Estates 50.0 45.0 40.0 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0~0 [] Runoff B Recharge Pre Development 5.8 46.2 Post Development 6.6 45.2 ra Runoff 1"" Recharge Page- 17 - ...,, /fJ' Data and ~4nalysis Remedial Amendments (R-99-3) November 9, 1999 Refecences Master Plan Update for Water Management District No. 6, prepared for the Big Cypress Board~South Florida Water Management District by Wilson, Miller, Barton, Soll and Peek, October 1985. 2. Cocohatchee Canal Salinity Control Structure Hydrologic Report, prepared for the South Florida Water Management District, Gee and Jenson, October, 1981. 3. Mapping Recharge (Infiltration/Leakage) throughout the South Florida Water Management District, WRE #327, South Florida Water Management District, August, 1995. 4. Three Dimensional Simulation of Wellfield Protection Areas in Collier County, Hunter/HydroSoft, August, 1989. 5. Urban Hydrology for Small Watersheds, Soil Conservation Service, June, 1996. 6. Stormwater Quality Short Course, Florida Engineering Society/Florida Department of Environmental Regulation, October, 1990. Page - 18 - Data and,~nalysis Remedial ,4mendments (R-99-3} November 9, 1999 Appendix A Methodology for Estimating Potential Ground Water Recharge Volumes in Residential Development in North Golden Gate Estates. The SCS Runoff Curve Number (CN) method was used to estimate the mount ofnmoff from developed areas in North Golden Gate Estates. The SCS runoff equation (5) is: Q =__(P - Ia): (P-Ia)+S Where Q = runoff (in), P = rainfall (in), S = potential maximum retention after runoffbegins (in), Ia = initial abstraction (in). Initial abstraction is all losses before nmoffbegins. The relationship between la and S was developed fi.om experimental watershed data and was found to be Ia = 0.2S. Substituting 0.2S for la in the runoff equation yields: Q = _(P - 0.2S) ~ (P + 0.ss) S is related to the soil and cover condition of the watershed through the Curve Number (CN). CN has a range of 0 to 100 and S is related to CN by s = !0.00- 10. Runoff Curve Numbers for urban and undeveloped areas have been tabulated by the SCS CFigure A-l) for a variety of conditions. The CN for an undeveloped North Golden Gate Estates lot is estimated to be 70, corresponding to a Hydrologic Soil Group C and "Woods in good condition". The composite CN value for a developed North Golden Gate Estates Lot is calculated to be 72 (Figure A-2). Runoffwas calculated for the assumed Collier County rainfall distribution for both conditions using the SCS Runoff equation (Table A-l). Note that the Runoff equation estimates that runoff will result once the rainfall exceeds 0.86 inches for a CN of 70. The results are summaE figure A-3. Page- 19- Remedial.dmendments (1t-99-3) November 9, 1999 Data and Analysis Figure A-1 Ed., Jto~ Page - 20 - Data and Analysis Remedial Amendments (R-99-3) November 9, 1999 Figure A-2 Worksh~t ~ Runoff curve number and runoff Locaclofl C$rcla Checked 1. ~mof! ~.,r.. mmber (C~) hydrologic group Cover description hydrolo$1c com~.lClon; unconneccead/counecced ~aper~lous area rac~o) tl~ x aru 1/ Use on!7 aae Or sou · per Zt~e. ~ (~e~g~tee) - total ·rea ~¢~0,~ . 2. Poanoff Frequency .............................. yr P. ainfall, ? (2&-~.our) .................. tn Runoff, q .............................. (Use ~ ane C~ ~r'.ch table 2-I, ~15. 2-1, or eqs. 2-2 a-ad 2-&.) t$cor~ t! Scot= f2 } S:or= f~ D.2 ~10-VI.TP,-~, ~-~md Ed.. Jtme lgl~b'} Page - 21 - Data and Analysi~ Remedial Amendments (R-99-3) November 9, 1999 Table A-1 Increment Runoff, Ct (inches) Cumulative Rainfall CN: CN: Event 70 72 70 0.5 0.000 0.000 0.000 1 0.005 0.012 0.043 1.5 0.084 0.114 0.501 2 0.241 0.293 0.766 2.5 0.455 0.530 0.906 3 0.714 0.810 1.396 3.5 1.008 1.123 1.021 4 1.330 1.463 1.1 55 Total Q 5.8 Recharge (P-Q) 46.2 72 0.000 0.114 0.679 · 0.934 1.055 1.583 1.138 1.270 6.8 45.2 Page - 22 - ~. Farmworkers in Southwest Florida Final Report Fritz Roka Univer~iO' of Florida South west Florida Research and Education Center lmmokalee, FL Dorothy Cook South },'est Florida Regional Planning Council North FL Myers, FL September 30, 1998 Farmworkers in Southwest Florida Outline I. Introduction and Study Objectives Ii. " ' = :' tion ia Soumweot florida a. Citrus production b. Tomato and vegetable production III. Counting Farm Workers in Southwest Florida a. Southwest Florida Agricultural Labor - March 1997 Survey b. Southwest Florida Agricultural Labor - January 1998 Survey c. Discussion of farmworker counts and trends in farmworker numbers IV. Demographic Information on Seasonal Farmworkers in Southwest Florida Population of Seasonal Farmworkers and Distribution of Farmworkers across Southwest Florida Counties VI Summary and Conclusion VII References VIII Appendix - Previous Farmworker Studies IX Attachments a. March 1997 Survey h. Jar: :r': ! Oo~q, F?ployer Storey c. January, 1998, Worker Survey Page 1 3 6 8 11 12 15 19 23 30 32 34 36 Farmworkers in Southwest Florida I. Introduction and Study Objectives The citrus and vegetable industries of southwest Florida have long depended upon a sizable nUmber ,,f ~..'a~r,L fa;:nv, orker'z to hard, est a, vj perfot'm various field task~,. St,..,sonal farmwo~kc~s in southwest Florida are responsible for harvesting almost 180,000 acres of citrus trees and more than 31.000 acres of fresh vegetable crops. In addition, they perform severa! pre-harvest field tasks including transplanting, tying, staking and pruning. A shortage of seasonal farmworkers would seriously crimp economic viability of the citrus and fresh vegetable industries in southwest Florida. Seasonal farmworkers have been regarded as an impoverished socio-economic class and have been at the center of many public debates over issues of"social justice." With minimal formal education and low income levels, many farmworkers reside in housing units which most Americans would deem as sub-standard. For a number of years, farm labor advocacy groups have been at odds with some agricultural growers over what they perceive as unfair labor hiring practices. Further complicating the seasonal farmworker picture is its historical migratory work patterns and an increasing demographic shift toward foreign-bom workers, many of whom work in U.S. agriculture without proper authorization from the Immigration and Naturalization Service (INS). Commu~,it.~ leaders, both in and out of agriculture, are concerned about "social justice" issdes, including general working conditions, reasonable housing standards, and access to public health and :.d, ,. 'ior:a! sc~'~,i ', Dcvc',,m(qg ,';li,~t~, r s~atTs~;cs that describe the number a,~d demographic cnaracten~ucs of seasonal farmworkers is the first step toward drafting appropriate and reasonable plans tha! meet agricultural m~d broader community concerns. A number of attempts have been made to enumerate the farrnworker population. The rate of worker mr-over a~d ~h~- tr:m~ient nature ,~fseason~l farmworkers have made it d!fficult to develop accurate and consistent estimates of farrnworker numbers. In 1988, the Florida Institute of Government and the Center for Environmental and Urban Problems prepared a study that estimated the number of farm',~orker in the state to be 104,000 (FAU). Dependents and spouses accompanying farmworkers were not included in this estimate. Two years later, the Atlas of State Profiles included dependents of farmw~rkers and estimated Florida's farmworker population to be in excess of 435,000 people. Of that total, 183,000 people were classified as the migrant farmworker population. In 1993, the ,Migrm, t E~,,'neration Project (Lar~on and Pla.xcencia) stated that Florida's migrant farmworker population was more than 238,00fl.-people including dependents. Finally, in 1997, the Shimberg Center for Affordable Housing published 139,000 as Florida's migrant farmworker population which included both farmworkers and their dependents (Smith). [,,~, 2 3 ,.. O Farmworker estimates for southwest Florida have been equally variable. The 1988 Florida Institute ofGc.:'c: n:nen! study estimated 8,000 farmworkers (no dependents) in southwest Florida (FAU). The study, Farrn~'c~kers in Lee Count)', cited job service statistics for thc 1992/93 season indicating 11,600 farmworkers in Collier, Lee and Hendry Counties (Spikowski). The Atlas of State Profiles and the Shimberg Center analysis included dependents in their estimates of farmworker populations in southwest Florida. The Atlas reported a total farmworker population in southwest Florida of almost 54,000, of which, almost 25,000 were migrant farmworkers and their accompanying devendents. The Sbimberg eqtimate r~!ac~,4 tl, e regional ,,:i~r,,nt Calmworker ?~,pul3I :c~ alone ,.c 5c slightly more than 3 l,Ot)O people. The lack of consensus among the previous studies, particularly over the number of farmworkers in southwest Florida, pushed community leaders to call for another study effort that simply focused on the southwest Florida farmworker population. A long term goal among community leaders in southwest Florida is to improve the quality and quantity of farmworker housing. A reliable statistical description of the farmworker population could help draft future housing plans and guide the delivery' of health, educational, and other public services. This paper reports the findings of that study effort. The study objectives were to collect data on the size and demographic features of the seasonal farmworker population in southwest Florida. Unlike the previous studies, this effort attempts to base farmworker population estimates more closely around the agricultural production activities. Funding support Ibr this project was received from both public ~nd private entities. Public support was provided by the Florida Department of Community Affairs, and the county commissioners of Charlcme. Collier, Hend~ and .?.ce C,3,~nties. Privale suppo~ was prov!ded by the Gulf Citrus L;Fc,~,,:.. s' .'. ,c .ic., ~,;~d ~i',~ l~c,~lar~ds ~i,t~t~,m M~grant Association. ".'he broad base of support that this project received reflects the broad community interest to find reasonable solutions that would :.n~}~ro~,¢ tile overall welfm'c of farmworkers. The next section of this report describes agricultural production in southwest Florida and presents ~,:~:':: .~ ~' :c~'io;~s of f~mrc de,,clopm~nts. Section 3 develops estimates of the number of farm~vorkers in southwest Florida. Both full-time and seasonal workers are considered. Section 4 presents demographic data of seasonal farmworkers. Demographic data were collected on age, gender and ethnic origin of seasonal workers. Additional data were further developed to describe seasonal farmworker households including the number of adults, the number and ages of children that are living in the household, and employment of household members. Section 5 combines the study results v~fth other data sources to develop estimates of the farmworker populalion in southwest Fio:'ida. inciw.,i:43 e~ti.nates of the migrant tkrmworker population. Fam~worker populations are estimated by southwest Florida county. Section'6 concludes with a summary and conclusions. 2 II: Agricultural Production in Southwest Florida The number of agricultural workers in an area is dictated largely by the extent of agricultural activity in the area. Thus, knowing the extent to which that activity may change in the near future provides a good basis for projecting the likely cha2:ges in agricultural employment and needs for housing and other public services. This section of the report establishes the extent of agricultural activity in southwest Florida, providing a basis for estimating the number of workers in the area presently and likely to be there in the next few years. Agriculture is an important component to the regional economy of southwest Florida. For the purposes of this study, southwest Florida is defined to include Charlotte, Collier, Glades, Hendry and Lee Counties. The region has significant agricultural resources which are devoted to citrus, vegetables, sugar cane, ornamental nursery crops and cattle production. Over the past ten years, the economic importance of agriculture in southwest Florida has grown, both in its contribution to the region's economy and in its relative importance within Florida agriculture. Agriculture is an "export" industry -- producing and selling products out of the region while channeling income and employment into the region. Five percent of total earnings and nine percent of employment within the southwest Florida region are directly connected to agricultural operations (Mulkey et.al). Indirect economic impacts from agricultural production are estimated to be betxveen 60 and 70 cents per dollar of sales outside the region (Mulkey et.al). That is, for every dollar of agricultural product, sold outside the region, another 60 to 70 cents of economic activity are generated through support industries and services within the region. Agriculture contributes almost one-bil:ion dollars of sales revenue to tle. e southwest Florida economy. When indirect economic impacts are included, agricultural enterprises help sustain more than 5;1.5 billion of economic During thc ~ 995/96 se~son, farm sa!es totaled mom than $880 million despite below average citrus and tomato prices. Table 1 shows the distribution of agricultural sales among the major commodities. Vegetables account for 45% of total agricultural marketings. Sales of citrus crops make up 28% of total sales. Sugar cane, ornamental nursery crops and cattle sales co!:c,"tively contribute 27%. ~1 he two single crops that provide the best indicator of agricultural activity in southwest Florida are oranges and tomatoes. Together, they account for 43% of all crop sales. Table 2 describes the 1995/96 planted acreage by major commodities for each southwest Florida county,. Overall, 40% of the land area in southwest Florida is dedicated to agriculture. ,\gricultural land is especially important in Glades and Hendry Counties, where farmland represents more than 70 percen~ efcou~ area. Collectively, citrus, vegetables, sugaz cane and nursery crops comprise oniy 23% oi u,,~ 1.4 million acres of harveSted cropland~in southwest Florida. However, these are high valued crops. Citrus and sugar cane generate crop sales of more than $1,100 per acre. Vegetable acreage averages more than $8,600 of sales per acre and one acre of nursery crops generates more than $22,000 of farm sales. Cow-e~alfoperations utilize a significant mount of land. More than one-million acres support 164,000 head of brood cows. For the most part, cattle Table 1 Southwest Florida Agricultural Acreage, Production, Average Price and Sales Value for 1995/96 Season Crop SW Fla units Production Price Sales Harvested 0,ooo units) (S/unit) ($1,04)0) Acres t~ Itru~ ~ . ,~2~s i :,..,3',0 90:~ box 43,1~5 grapefruit 19,360 85# box 7,735 $2.15 $16,630 specialty 9,193 95# box 1,317 $7.69 $10,130 Total 179,093 $243,648 Vegetable tomatoes 18,000 25# ctn 20,889 $7.66 $160,010 b.peppers 8,350 bu 7,532 $10.00 $75,320 beans 2,300 bu 5,400 $15.73 $84,942 squash 2.200 bu 693 $13.54 $9,383 cucumber 2.650 bu 1,419 $17.00 $24,123 watermelon 8,500 cwt 2,585 $10.20 $26,367 I Total 46,200 $397,855 Sugar cane 89,000 ton 3,097 $31.60 $97,890 Pasture (acres) 1,072,500 Livestock Marketings 1/ cwt 599,760 $62.00 $37,185 SB Florida Beef cows 164,000 head Nurse~'/ornamental 4,773 - $108,000 Agricultural acreage 1995/96 1,391,566 t $884,578 Source: Florida Agricultural Statistic Service, Vegetable Summary, Cil~'us Summary, Field Crops Summary, and Livestock Summary. 1/ Assumptions behind livestock marketing total: a) total Florida cattle marketings were 4,760,000 cwt; b) Southwest Florida represents 12.6% of state total; ¢) 23% of marketings were cull cows ~ $35.40 per cwt; d) 77% o£miuXctmgs were calves (.~ $70.00 · Table 2 1995/96 Agricultural Acreage in Southwest Florida by Couaty Crop SW Fla Charlotte Collier Glades Hendry Lee Harvested Acres Citrus Oranges 150.540 16,256 31.172 8,631 84,464 10.017 grapefruit 19,360 3,498 4,086 390 10,148 1,238 specialty 9,193 1,429 1,325 381 5,158 900 Total 179,093 21,183 36,583 9,402 99,770 12,155 Vegetable tomatoes 18,000 700 10,400 300 4,125 2,475 b.peppers 8,350 100 3,100 100 4,400 650 beans 2,300 0 1,900 0 400 0 squash 2,200 100 650 100 200 1,150 cucumber 2,650 50 700 50 1,350 500 watermelon 8,500 1,200 2,500 500 3,200 1,100 potatoes 4,200 300 2,500 0 1,100 300 Sugar cane (ac) ) 89,000 0 0 19,000 70,000 0 Pasture (ac) 1,072,500 158,500 145,000 325,000 337,000 I07,000 Nursery/ornamental 4,773 600 1,530 143 1,200 1,300 (ac) Agricultural Acreage 1995/96 1,391,566 182,633 204,863 354,745 522,745 126,580 Land Area (,ac) 3,488,640 444,160 t,296,640 495,360 737,920 514,560 L:~ud in Farms (o~ 40'h, 42% 16% 72% 71°/$ 25% Source: Florida Agricultural Stalistic Service, Vegetable Summary, Citrus Summary, Field Crops Summary, and Livestock Summary. 3 enterprises are low intensity operations. The animals provide largely for their own nutrition by grazing over vast ~rcas or'native ~ge and irapro:'ed pastures. Cattle provide an important source of revenue ($35 per acre, Table ! )) on lend that is unsuitable for other commercial activities. Citrus production Severe freezes in the mid and late 1980's destroyed large mounts of citrus acreage in central Florida. Growers responded by replanting in southwest Florida acreage lost in other regions. While southwest Florida fl,qtwood soils ~ose difficult water managemen! challenges, growers gambled that the reduc'wd co,qts ,Jr fe ~.'c: e:,~,.c ~,:..., ,:cze., ,.,'od!,i more titan o~t'st'.t the additional planting and management costs. In 19~6, southwest Florida accounted for less than 12% of the Florida citrus acreage. By 1996, the importance of southwest Florida has grown to more than 20% of the state's citrus industry. Within southwest Florida, Hendry County, ranks first with almost 100,000 acres of citrus. Collier, Charlotte, Lee and Glades Counties follow in descending order of planted acreage (Table 3). Evidence suggests that the rate of new planting has slowed. Between 1994-96, citrus acreage in southwest Florida grew only 1.4% as compared to a 12.3% rate of expansion between 1992-94 (Table 3). Despite a decrease in the rate of new planting, overall citrus production in southwest Florida is expected to increase. Over the next ten years, citrus production has been projected to increase by 30% as young trees reach their full bearing potential (Table 4). Current production is between 60 and 62 million boxes. Barfing freezes and other unexpected tree loss events, citrus production in southwest Florida is expected to exceed 80 million boxes by the year 2005. Table 3 Southwest Florida Citrus Acreage, 19,~i6· !.996 Acreage by Count)' Year Southwest % Florida Florida SW~a Charlotte Collier Glades Hendry Lee 19~6 624,492 72,480 1988 697.929 87,842 12.6% 9,345 17,309 6,235 54,953 8,247 1990 732,767 126,252 17.2% 11,718 23,565 7,523 73,754 9,692 1992 786.882 157,239 20.0% 15,981 34,167 9,136 87,396 i0,559 1994 853,742 176,641 20.7% 19,995 36,534 9,270 98,604 12,238 1996 857,861 179,093 20.9% 21,1-83 36,583 9,402 99,770 12,155 % change 1992-94 12.3% 25.1% 6.9% 1.5% 12.8% 15.9% % change 1994-96 1.4% 5.9% 0.1% 1.4% 1.2% -0.7% 6 ,qource: Florida A~-!~'" ..... ) qta~3,;c C;ervi,'e Ant. ual Citrus Summary, 1986 - 19q,,6. Growers are concerned over the current "soft" market conditions. Record crops in Florida and Brazil over the past two y;:ars, coupled with only moderate demand growth, have dampened on-tree price expectations. Between 1990 and 1996, the average on-tree pr/ce of oranges fell fi-om :$5.89 per box to $4.63 per box tFASS). The Flor/da grapefruit industry has been in the economic doldrums for the past four years, as growers are caught in an economic vice of abundant production and flat consumer demand. Grapefruit boxes sold for an ~vcr~e ofq;6.62 i? !992 (FASS) During 19°.'5, average gra?err~i? price3 fell to !ess th.~ $? 09 !',er bo,r (i-Ab S). Fortunately, grapefruit in southwest Florida accounts for less than 12% of the total citrus acreage and most of the harvested grapefruit enters a favorable early season fresh fruit market. : Season Southwest Florida Table 4 Southwest Florida Citrus Production, Historical and Projections, 1986 - 2010 Charlotte I Collier Glades I I I I I Hendry Lee Historical (1,000 boxes) i, 1986-87 22,735 2,305 3,386 1,306 13,482 2,256 1988-89 24,121 2,548 3,358 1,790 14,539 1,886 1990-91 39.234 1992-e,3 1994-95 53.798 3,647 4,784 6,436 7,955 10,963 2,427 2,859 3,077 23,520 ;8,509 31,318 3,204 3,656 1996-97 60,869 6,177 12,402 3,616 34,931 3,743 Proiection ~,000 bo.te~ ~ 2001-02 77,800 9~500 16,100 4,300 42,700 5,200 2005-06 81,300 9,800 16,700 4,600 44,800 5,400 2009-10 87~800 10,200 18,300 4,800 48,700 5.700 SOurces; 1/ F~c, ,da Agricultm :i Statistic Service I. FASS), Annual Citrus Summary, 1986-1996. Projections provided by Dr. Mark Brown, Economist, Florida l~partment of Citrus. 7 Tomato/Vegetable Production Mu-:h o';' :h,' qttcp, tion has focused on the tomato industry, which in southwest Florida accounts for 45% of total vegetable acreage. In southwes~ Florida vegetable acreage has decreased by more than 30% over the past five years (Table 5). Tomato acreage alone has fallen by almost 32% since the 1993-94 season when southwest Florida growers planted 21,600 acres. The industry contraction coincided with the implementation of the North American Free Trade Agreement (NAFTA). Mexican competition and general fragmentation of the tomato market have combined to decrease Florida's share of the fi'esr winter tomato market. Mex~ca~ pr ?.~uce m~por~ have always competed with Florida produce in thc winter fresh vegetable market. However, in recent years, Mexican growers have aggressively adopted new technologies which have allowe, d them to significantly lower their unit production costs. Further, Mexican growers capitalized on peso devaluations, which increased their financial incentive to export tomatoes and other fresh vegetables into the United States. Finally, Mexican tomato growers have promoted varieties labeled as "vine-ripe." These varieties have achieved broad market appeal among consumers in the United States. Table 5 Har 'ested Acreage of Selected Vegetable Crops in Southwest Florida Season Total Tomatoes Bell Pepper Squash i Cucumber Walermelon (ac) i 1986-87 37,800 15,400 7,200 2,350 5,350 7,500 1993-94 45,625 21,600 8,500 3,700 1,925 9,900 1994-95 41,725 19,000 8,100 3,600 3,125 7,900 1995-96 39,700 18,000 8,350 2,200 2,650 8,500 1996-9'7 31,700 14,700 6,800 1,200 2,000 7,000 % change 1993-1996 -30.5% -31.9% -20.0% -67.6% -3.9% -29.3% ",. change 1986--1996 - 16.1% -4.5% -5.6% 48.9% [ -62.6% Source: Florida Agricultural Statistic Service, Vegetable Summary 1996-97 Table 6 Comparison of Vegetable Acreage in Southwest Florida with State Totals, 1986 and 1996 1996-97 1986-87 FL State SWFIa °/; SWFla FL State [ SWFIa % SWFla .' 'l'c mato 3 7,360 14,700 39.4~.o 53,.;00 13,460 ~.6.9')a Bell Pepper 19,000 6,800 35.8% 18,500 7,200 38 90/0 Squash 8,500 1,200 14. !°/~ 15,200 2,350 15.5% Cucumber 9,100 2,000 22.0% 16,100 5,350 33.2% Water melon 30,000 7,000 23.3% 46,100 7,500 16.3% Total 103,900 31,700 30.$% 149,200 37,800 25.3% Source: Florida Agricultural Statistic Service, Vegetable Summary 1996-97 At one time. Florida mature-green tomato varieties dominated winter grocery shelves in northeastern United States. The mature-green continues to be the main stay of the Florida tomato industry. These are high yielding varieties with good extended shelf life characteristics. However, the introduction of vine-ripe varieties, with similar shelf life qualities, has tYagmented the winter tomato market: In addition, cjuster and hot-house tomatoes have expa~,ded the choices available to the consuming public avd fiarther reduced the Whi}e ~he vegetable industry in south~vest Florida faces critical challenges, it is difficult to predict *he ~ture s~ze and scope of the industry'. Despite the industry's contraction, it is premature to forecast its general demise. Tables 5 and 6 suggest a historical perspective tempers some of the current general pessimism. To some ex*er-,t. ,,egetnblc ~,.:-eage in ~uthwest Floridq has been cyclic~ rnd the recent decline in x'ege~abl~ acreage is not as great if compared to 1986-87 levels (Table 5). Further, acreage statistics indicate that the relative importance of the southwest Florida vegetable industry has been increasing (Table 6). Urbanization of Dade and Palm Beach Counties has forced some agricultural operations to relocate to southwest Florida. Volatility. both with respect to price and production, is a key feature within the vegetable industry. Adverse weather in one prociuction region, quickly impacts the market and could bring favorable price conditions to un~ffected regions. Such conditions took place during the 1997/98 growing Season when E1Nino induced weather nan~pered Mexican vegetable.production and growers in southwest Florida enjoyed profitable market prices for most of the growing period. Finally, one must never underestimate the ingenuity of agricultural producers. The remaining growers in southwest Florida are highly sophisticated and are pursuing yield enhancin_o technologies. As an ? organization, they secured a trade agreement with Mexico in 1996 that established a $5.17 floor price of impo, ne ~ tomatoes. If, in fact, the mature-green tomato has lost some market appea!, growers will experiment v~'ith different tomato and vegetable varieties. Overall, market fragmentation could offer new niche mm kef opportunities as growers respond to meet consumers tastes and preferences. 10 III: Counting Farmworkers in Southwest Florida A primary, objective of this study was to estimate the number of farmworkers in southwest Florida. This study adopted an indirect approach to develop farmworker counts using data sources such as crop acreage and worker productivity estimates. A direct approach would rely on a census of farmworkers. Previous attempts at conducting a census of seasonal farmworkers have proved inaccurate because a large number of seasonal farmworkers migrate among production regions and tl~.c~-,.c ,~.., pot n,~;p*?;,, ?erm~nen* residencies. Within many public agencies, farmworkers are separated into "seasonal" and "migrant" categories on the basis oftheix residency status. In this context, a seasonal farmworker resides in one location year-round while a migrant farmworker changes residences at least once during the year. In this report, the term "seasonal farmworker" is used slightly differently. A seasonal farmworker is defined as an employment category. That is, someone who is employed on an as needed or day-to-day basis. A migrant farmworker is considered to be a seasonal worker, but with the demographic distinction of changing residences. Section IV of this report summarizes how farmworkers answered questions regarding whether they were migrant farmworkers or not. By definition, a farmworker is employed doing field activities related to the production and harvest of an agricultural commodity. Therefore, the numerical counts estimated in this study do not include workers in packing houses and processing plants. Estimates of farmworkers are developed for both full-time and seasonal workers. Full-time, or permanent workers, occupy year round positions and include tractor drivers, equipment maintenance personnel, farm managers, and office support staff'. Seasonal farrnworkers are important to carry out a number of field tasks. Of particular importance is harvesting. Citn.~s and vegetable industries in southwest Florida rel) on seasonal workers to band pick fiui[ m~,~ ~egc:abics. Vegetable growers utilize seasonal workers throughout the production season to transplant, stake, tie and prune plants. At one time, sugar cane was hand cut by seasonal farmworkers. However, since 1993 the sugar industry in south Florida has converted completely to mechanical harvesting. Sugar cane growers still depend on seasonal labor to annually replant as much as 30% of their acreage (Shine). Crop acreage is the basis for estimating the number of full-time farmworkers per commodity. Farm payroll records provide accurate counts of full-time workers. By grouping empioyer records by crop, a ratio of acres per worker is calculated by dividing crop acreage by total number of full-time employees. Applying this acre-worker ratio to the crop acreage in southwest Florida provides an industry level estimate of full-time employment. Accura:e estimates of seasonal farmworkcr mmabers cannot be developed solely through employer payroll records and crop acreage. Seasonal farmworkers make up a "casual" labor force. That is, workers decide on a daily basis when and to whom they sell their labor services. One person may work six days a week, another only two. One person may work for the same farm year after year, another person may switch employers weekly or,yen daily. While total crop acreage may provide an initial basis to ~sfinmtc fa,m',~o~'kez ~un~bers, a more accurate acx~unting will depend m knowing . I~l the daily volume or acreage of specific work tasks, the productivity of an average worker by task, a~:z a~. ,-'ti~,'~te cf an avera~,..e worker's work week hoars. Two sur~'ey efforts ,,,,'ere conducted to estimate the number of full-time and seasonal farmworkers in southwest Florida. The first effort took place during March of 1997. Data from this survey provided estimates of full-time farmworkers, and to some extent the demand for seasonal farmworkers. The second survey effort commenced January 1998. This survey collected data on worker productivity, and seasonal farmworker demograr~hics. A. Southwest Florida Agricultural Labor Survey - March 1997 Attachment I (page 44) is a copy of the survey which was distributed to agricultural landowners in southwest Florida during March 1997. The first part of'he survey clarified whether the landowner made the relevant labor employment decisions. If not, the landowner was asked to forward the survey or provide the name of the individual or company who managed the property and made employment decisions. The second part of the survey asked for the total number of employees on hand as of March 12, 1997. The 12th day was chosen as a matter of employer convenience, since this is the same monthly reference day used by other statistical agencies to collect labor market information. The employer was asked to separate total employment into permanent and seasonal categories. Seasonal workers hired through independent contractors were listed separately. If the lando~ner/emplo3er did not know the exact number of contracted workers, they were asked to provide tl~,e names of contractors used on the reference day. Finally, the third part of the survey asked for a generic desc?iption of the agricultural operation(s) including commodities grown and their approximate acreage. -~ ,n,.i!i:~g., Ii:' ~',f 7~c. 7 agl:c~itt~al ',,~ndow?~c .~ v.~ ,_ompiled £;om address records of the five co,mD propert-y appraisers' oflices in southwest Florida. The first mailing took place during early March. A foilo:v-~[, mailing occurred or.e month later. 103 ;.ndividuals from the original mailing list were identified either as out-of-business or as investors who did not contribute to the employment decisions. Of the remaining 664 names, 171 (25.8%) responded with employment information. T'~b!e ? s'..m',narires the response rate and the commodity acreage ,epieaented by the surv~:y respondents. Based on 1995/96 acreage reported in Table 1, survey employment responses represented 76% of the citrus acreage, 36% of the vegetable acreage and 70% of the sugar cane acreage in southwest Florida. Survey data were used to develop per acre estimates of permanent positions in citrus, vegetable, sugar cane, and ornamental nursery operations. The data were separated by commodity groups and were further sorted by respondents who reported labor ir, fcv,.or, tio, on only one commodity versus those operations which grew multiple crops. Table 8 presents data from those respondents who reported labor data on a single commodity. "Acres per full-time worker" was calculated from the reported data and represented the ratio of the reported acres to number of full-time workers. For example, 82 survey respondents reported that they collectively hired 792 full-time workers for 97,532 ~cres ofcimm. This translates to 123 acres per full-time w, ,rker. In Table 9, this ratio is ,aiii.,.ed to generate the estimate of 1,456 full-time workers 12 who are employed by the southwest Florida citrus industry. Similar acreage-to-worker ratios were ca!,:~,~! :t~.d for vegetable, sugar cane a~d ornamental nurseries. Insufficient data were collected fmrn cattle operations to determine a comparable acre-worker ratio. However, an estimate of the total Table 7 Summary of the Southwest Florida Agricultural Labor Survey March 1997 Commodity Number of Acreage Proportion of Growers u 1995/96 Acreage Citrus 113 134,811 76% Vegetables 23 17,623 36% Sugar cane 14 62,356 70% Pasture 24 142,839 13% Ornamental Nurseries 25 886 20% 1/ Total respondents were 171 out of 664 potential respondents (25.8%). Some respondents grew multiple conlmodities. Table 8 a,i',rionltu r,o ~ l:~bor rectuircmen ts hy co,i~ modi~' March 1997 Su~ey 1997 i Responding Full-time Seasonal Acres per Acres per Single crop acreage workers workers full-time seasonal ~' respondents Worker worker II 'citrus 82 97,532 792 123 vegetable 14 10,864 173 861 63 13 ,sugar cane 8 7,812 27 289 - nursery 22 759 815 88 2.35 ~ 8.6 [ca!~.le 6 4,400 8 - - I/ 2/ 3/ 4/ Limited information was available from citrus growers on numbers of seasonal farmworkers because they generally hire harvesting labor through labor contractors. At the time of the survey (March), demand for seaSOnal workers by sugar cane growers was low. Ratio ,'ef~ecB a mixture oflxee nurse, les and bedding plan~ nu,~eries. Worker p~oductivity measures for cattle are a function of the number of animals handled rather_f hah the acreage of pasture. Survey respondents did not provide cattle numbers. number of full-time workers on cattle operations data was estimated from an assumption that one full-tbn,: person was required per 750 brood cows, a mird~num si~ herd to be corrmaercially viable. A limited amount of information on seasonal farmworkers was collected from the March 1997 survey. Citrus harvest is coordinated primarily through specialized labor contracting companies. In general, citrus harvesters are considered employees of the labor contractor and not of the grower. As a result, hhere was little information from the March survey to draw relationships between citrus acr,-aee ~nd n,mhcrs of seasonal ~armwerkers While vegetable and nursery producers utilize crew leaders and labor contractors to recruit workers, these growers typically maintain the payroll accounts, and therefore seasonal farmworkers are considered employees of the farm. Data from vegetable and nursery operations provided some evidence of seasonal farm labor requirements. On the reference day (March 12, 1997), one seasonal farmworker was employed for every 13 acres of vegetables. Similarly for nursery operations, one seasonal farmworker was employed for every 8.6 acres of nursery production. As previously stated, estimating the number of seasonal farmworkers based on acreage will not be accurate because they are hired on a daily basis to do specific tasks. Survey work in 1998 correlated farrnworker numbers with farm tasks and estimates of worker productivity. Table 9 ~s~irnation~of full.-time agricultural labor requirements by commodity ,~'7~ ~ ~,: ~ -' q -, ......... w',,--?'-~.? ' . ~,'~, ~ ~'~"~ ~ ,~ ..... , - , ~ ,. ~ citrus sugar cane nurser).' cattle pasture 1995/'90 Southa est Florida agricultural acreage u 179,093 46,200 Acres per full-time worker ~ 1,072,500 123 o3 Number of full-time workers ~/ 1,456 734 89,000 289 308 4,773 2.35 2,031 Ba E?~m:'.ted nut-bet of full-time vgricultura! workers in Florida 218 4,747 !/ 2/ 3/ 4/ Florida Agricultural Statistic Service and Table 1. Bassi on March 1997 Southwest Florida Agricultural Labor Survey (~ Table 8) Divide total acres by acres per worker. One fuil-ume worker assumed per 750 head. Southwest Florida cow inventory - 164,000 head (Table 1). 14 Table 9 summarizes the estimated number of full-time positions by agricultural commodity in southwes: Flo.,-ida. Mo.re than 4,700 workera are employed full-time by citrus, vegetable, sugar cane, nursery, and cattle operations in southwest Florida. Not included in this estimate are workers employed by packing houses, processing plants, and fruit hauling companies. B. Southwest Florida Seasonal Agricultural Labor Survey - January 1998 Multiple survey efforts were initiated during Januaryl908. The~e efforts focused primarily or, the ~.i', ~s :,~.C · ege,~blc i:~dus'Lnes a, id ~erc designed ~o develop nmncrical estimate~ and demographic statistics of the seasonal farmworker population in southwest Florida. Both employers and farmworkers were interv'iewed. Employer surveys collected information on farmworker hours and production performance by field task. The first part of the worker survey collected information about job performance over two time periods -- the first week of January and the seven days prior to the survey date. Job questions included type ofjob done, hours worked, payment method and how much was accomplished during the hours worked. The second part of the worker survey asked demographic questions including residency status in southwest Florida and household characteristics. Attachment 2 presents the employer questionnaire and Attachment 3 presents the worker questionnaire. Section IV of this report summarizes the results of the demographic questions. Employer and farmworker information was used to develop counts of seasonal farmworkers in citrus and tomatoes. The week of Jantmry 4 - 11, 1998 was chosen as the reference week to develop seasonal farmworker counts. While the first week of January did not represent peak vegetable production, the reference Week did coincide with the peak harvest period of the earl3' and mid season citrus crop. SpecificaLly, the Florida Department of Labor chose January 6'" as their reference day for the Early/Mid Season Citrus Prevailing Wage and Rate Survey (King). Tables 10 and I 1 present information relevant to the estimate of seasonal farmworkers employed in citrus l~ar~'cst~r:g operations on January 6fl~. Tables t2 and 13 develop similar information for seasonal fannworkers employed on tomato farms. Table 14 summarizes the seasonal farmworker counts. Citrus Table 10 summarizes the information used to estimate the daily volume of citrus harvested between January 4 - 11 '" in southwest Florida. The Citrus Administrative Committee reported state level weekly harvest volumes. This volume was allocated to southwest Florida by the acreage proportion of early/mid oranges, grapefruit and specialty trees. Only early/mid season orange varieties were counted because late season oranges (Valencias) were not being harvested during the first week of J,,mJa~y. An ~-s~i:nate of daily ba~,'est volume from southwest Florida. ~va.~. based on thc assumptions that a weekly harvest volume was spread equally over six harvest days. Given the available statistics and stated assumptions, an estimated 376,000 boxes of citrus were harvested per day in southwest Florida between January 4 -11,1998. 15 Table I0 Estimate of daily citrus harvest volume between southwest Florida .January 4-11, 1998 in / State wide harvest Ja:: 4-1i,1998 early/mid oranges (boxes)" 9, 841,000 Southwest Florida prodaction peree?ages 20.5% Daily citrus harvest (boxes) Estimate of citrus harvest in southwest k-lorida (boxes) 2,017,000 gra pefru it 1,383,000 12.0% 166,000 specialty. 607,000 12.0% 73,000 Total citrus boxes har~'ested in southwest Florida, January 4-11,1998 2,256,000 376,000 1/ 3/ Citrus Administrative Committee (Chadwick). Flcr~da 3 z:ic~J',:ural St,'Jsfics Service, Annual Citrus Summar} 1~}96-97. Production percentages based on bearing acres. There x~as assumed to be six harvest days per week and harvest volume was assumed to be equal to the average daily harvest. Table 11 Numbe; of citrus harvesters employed daily bet~'een JanuaI'y 4-11, 1998 in southwest Florida Total number of workers sampled ~f Total hours worked on January 6, 1998 'f Total boxes picked ~: Average daily productivity Esfim~:ed numb, er ofbo~es h~rve~ted daily (Table 10) Estimated number of citrus harvesters empioyed per day in southwest Florida between January ~-11, 1998 i/ Data collected from citrus harvesting companies (February. - March 1998). 1,313 workers 11,060 hours 107,610 boxes 82 boxes / worker 3':',6,000 be, xes 4,585 workers 16 Employer data were collected on more than 1,300 citrus harvesters (Table 11). Collectively, these workers picked 107,6t0 boxes over 11,060 hours. An average harvester worked 8.42 hours per day and harvested 9.73 boxes per hour. Consequently, the average worker picked 82 boxes per day during the first par[ of January. Dividing the estimated daily harvest volume (376,000 boxes) by the average daily worker productivity (82 boxes per day) provided an estimate that 4,585 workers were employed daily harvesting citrus during early January 1998. ,ra:,le i2 Southwest Florida tomato acreage by field task and estimated number of required fermworkers between January 4-11, 1998 II Production Task Southwest Average daily Worker Daily Number Stage Florida tomato acre~age productivity of acreage rates farmworkers inventory: i~ Jan. 4-11, 1998 ac / worker-day Jan 4 -11, 1998 pre-flu it transplant 200 33 0.5 66 pre-fruit stake 1,673 279 0.5 558 pre-fru;t 1" pr~ne 1.673 279 !.5 186 pre-fruit lS' tie 1.673 279 !.5 186 pre.fruit 2'~ prune 1,200 200 1.5 133 pre-fruit 2~'a tie ! ,200 200 ! .5 133 r,. '~ eT ' 13 e ',,c 95~ i 160 pre-harwest [ 4m tie 1,407 235 2 0 118 Growing acreage 5,437 Field workers 1,460 Ist harvest 1~ pick 1,579 263 J 4/ 2nd b~p.'est2'~ pick 2,913 486 4/ 3rd har~est 3~ pick 2,764 461 Harvest acreage 7,256 Harvest workers 3,985 complet,: ..... I clean-up 421 70 [ Total Acreage 13,114 Tomato farmworkers '~ 5,445 1/ 2/ 3/ 4/ 5/ Acreage based on FASS Tomato Report No. 18 indicating tomato acreage inventory in southwest Florida as of January 10, 1998. A total of 3,073 acres were in "pre-fruit set' category. Daily acreage based on assumption of six day work week and total acres distributed equally across work days. Worker productivity rates based on conversationg with several southwest Florida growers. Sec f,cle . 3 fi;r ~,,nadon ofha:'vest work~rs. Daily number of seasonal farmworkers employed by southwest Florida tomato growers between J~nuary 4- 11,1998. I Tomatoes T:,rt;5:12 sun~marizes th,: information used to estimate seasonal farmworkers employed by tomato growers between Januar), 4- 11~. The Florida Agricultural Statistics Sera'ice (FASS) Report number 18 indicated that 13,114 acres of tomatoes were at various stages of production in southwest Florida during the week January 4-11,1998. The 3,073 acres in the "pre-fruit set" stage are further divided among transplanting, staking, first and second pruning and tying tasks. It is assumed that tomato farms employ field workers six days a week and that the weekly acreage was evenly distributed over the work days. Grower interviews provided data about worker productivity. Worker productivity ratc~ a,c b,~c~ op growera' cstima:es oI ~he number of workers ~hat were requlred to do various tasks. For example, 10 people trm~splanting should complete 5 acres per day, or one-half acre per person per day. Dividing the daily acreage by the worker productivity rate provides an estimate of the number of workers engaged in various field tasks on a daily basis. Estimating the number of tomato harvesters is more complicated than estimating the number of citrus harvesters. First, there are no weekly statistics of what is field harvested. The Florida Tomato Committee reports "shipped" cartons per week, but this statistic represents fruit picked seven to ten days prior and does not include grading culls at the packing line and fruit that fails to mature properly during the coloring process. Second, unlike a citrus tree which is harvested once, tomato plants are picked multiple times. The number of harvest per plant depends on market conditions. Favorable market prices encourage multiple harvests. Table 13 Estimated daily number of farmworkers harvesting tomatoes between Daih' acreage ,u. a r~ cst number ac ,~ ~:nu,~rv ! ~, 1998. ltarxested cartons 461 140 carton/ac cartons Worker productivity 11 carton / ~orker-day 64,540 I '~Vorl.er ¢ollnt Daily number of farmworkers harvesting tomatoes number 1~ 263 980 257.740 115 2.241 2~ 486 280 136,080 115 1,183 3~ 115 [an. 4-1L1998 561 3,985 1/ 2/ 3/ See Table 12. One acre of tomato assumed to produce 1,400 (25 pound) cartons. Distribution of yield assumed to be 70% harvested at 1" pick, 20% harvested at 2~ pick, and 10% harvested at 3~ pick. Based on southwest Florida employer surveys (1998). An average worker picks 15 (32 pound) buckets of mature green tomatoes per ~our and harvests six hcurs per day. One Oucket equals 1.28 canons. 18 The estimate of tomato harvesters derived in this report relied on the University of Florida crop b~.~dt;ets and Flor/da Ag~ ict'.Itural Statistics Ser~ ice (FASS) v, hich indicated 1,400 cartons per acre as an average total harvest volume of mature green tomatoes (Scott and Taylor). Further, the FASS week2y acreage report indicated at least three picks per plant. It was assumed that 70% of acreage yield came offat first pick, 20% at second pick and the £mal 10% at third pick. Grower payroll records provided an estimate of typical productivity rates. An average tomato h~we*.'.er picks 11 ~ c',,'to:w (~5 pou~d~, per c~rton) over a six ho, r daily h~qrvest per;od. B,seJ on u~,. mGm,dion coiiec;ed, no difference in productivity rate was observed between first, second and third picks. More data are needed to verify this conclusion because workers generally prefer to work in first-pick fields, suggesting that productivity rates are usually higher than second and third picks. As summarized in Table 13, almost 4,000 farrnworkers per day were estimated to be harvesting tomatoes per day in southwest Florida between January 4-11, 1998. An estimate of the total number of seasonal farmworkers in southweSt Florida during the fn'st part of January 1998 is presented in Table 14. Approximately 11,700 workers were employed daily between January 4-11 th doing various field operation& An estimate of the number of "extra" workers is added to reflect farmworkers, who for whatever reason, were not employed on any given day. An estimate of these "extra" workers can be determined by dividing the total hours of a full- time equivalent position by the number of weekly hours per average farmworker. During the month of January, agricultural operations were employing workers six days per week. Ifa typical work day is eight hours, then one full-time equivalent (FTE) position is 48 hours per week. From worker surveys (Table 17), an average farmworker spends 35 hours per week in the field, supplying 75% of one FTE. Dividing the percentage FTE of an average farmworker into the average daily emp!oyment number (I ! ,746~. provides an estimate of the number of"extra" farmworkers available, b~: ::~:~ ..~.?!.. :2 ~n ~;~y gl;ch day. In oddition, thc ~otal cotmt of farmworkers can be augmented by the number ofcrewleaders who organize work crews and act as field supervisors. The Florida Department of Labor and Employment Security maintains a crew leader registration list. Crew leaders must annually register ~, '..~, ~;~,. i)¢~'m~c;~ ~d provide basic infonnati,)n aoout the zize of their crew. These records indicate one crew leader per 28 workers (King). Consequently, 559 crew leaders are estimated to work with 15,661 workers. During the month of January, the number of seasonal farmworkers was estimated to be 16,220. This number represents just workers and does not include any family members who may be accompanying them. An estimate of the overall farmworker population is presented later in this report which includes family &mograpbic information. C. Disc:..s~ion of farmworker counts and future trends in the numbers of farmworkers In this report, the term "seasonal farrnworker" refers to all workers who are employed on a day-to- day basis throughout the growing season. The 16,220 figure, reported in Table 14 includes both workers who reside year-round in southwest Florida and workers who migrate into and out of the region. ',x~c, :t'.~cr ~m~cone is a "migrant fm'mworker" is a demographic feature. 19 Table 14 Estimate of the number of seasonal farmworkers in southwest Florida by commodity between January 4-11,1998 Commodity Worker number tomato field workers 2/ 1,460 tomato ha~esters ~ 3,985 other vegetable field and ha~est labor 3/ 770 sugar cane field workers 4/ 400 nurse~ workers , 5/ 546 ca~le worke~ 0.00 I ...... I Estimated number of seconal la.workers employed daily 11,746 Average [TE per seasonal agricultural worker 6/ 0.75 Estimated number of extra workers 7/ 3,915 Estimated numSer of seasonal agricultural field worke~ 15,661 '~stim '~cd ~-mker cCcrcw leaders 8/ 559 Esfi.tate~ nt~n~,Se~ of ~easonM agricultural workers in southwevt Florida, 16,220 dan.a~a 4-11,1998 1/ 3/ 5/ 6/ 7/ 8/ See Table i i. All seasonal farmworkers are employed as harvesters. All grove care work is assumed to be dune b~ ful:-ti;?.~ w,,rkers. See Tables 12 and 13. Tomato acreage separated by activity and daily labor requirements estimated for each task. In addition to 13,114 acres in tomato production, another 10,000 acres were in vegetable production during the first week of January 1998 - bell pepper (6,800 acres), squash (I ,200 acres) and cucumbers (2,000 acres). One seasonal farmworker is assumed to be employed for every 13 acres (Table 4). Estimate based on planting 500 acres of sugar cane per day through the first week in January. See Table 8. 8.6 acres of nursery crops per one seasonal farmworker. See T~ble 17, A typical seasonal farmworker is assumed to work 35 hnurs per week. A~'ricultu.,al employers hire ~ork~.'s six days per week :'or an average of 8 hours per day. Therefore, a full-time position (FIE) equals 48 hours per week, implying that the typical worker works 75% of a full-time position (FTE). This is an estimate of the number of farmworkers not employed on any given day. Crew leader r~jsmstion data maintained by the Florida Dept. of Labor and Employment Security indicate one crew leader per 28 workers (King). 2O The farmworker estimate of 16,220 in Table 14 attempts to reflect both the number of jobs and the numCer of workers ava:,lable to occupy thoae jobs. Tl~e value 11,746 in Table 14 represents the number of jobs that were available on any given day during early January. A greater degree of confidence can be placed on this estimate because it can be "engineered" with observable data such as crop acreage, field tasks and measures of average worker productivity. On the other hand, estimating the number of farmworkers available depends on the number of people willing and able to work at the prevailing wage rate. To some extent, the 3,915 in Table 14 accounts for the additional number of r>eople available for farmwork but not employed on any given day. The estim~.te of "e^~r~ ' :'am ~,a ~',rkero was developed fi om weekly work schedules of sampled fannworkcrs and some strong assumptions that defined a full-time position during early January 1998 to be 48 hours per week. That is, agricultural employers hired seasonal workers six out of seven days and paid them for eight hours per day. It should be recognized, however, that this approach only places a lower bound on the total number of workers. Sampling bias in this procedure could underestimate the total number of workers available to do farmwork. It is likely that the majority of workers interviewed already work a full schedule and that those individuals who work fewer hours are under represented in the sample. Therefore, the average number of hours worked as reported in the survey would be greater than the true average of all farmworkers. While the 16,220 estimate in Table 14 is above the job services statistics quoted in the study Farmworkers in Lee Couno, (Spikowski), the number is lower than what estimates from previous studies would suggest (i.e. Atlas and the Shimberg Study). As mentioned previously, sampling bias could account for some of the discrepancy. At issue could be the definition of a farmworker. If someone arrives in Imm0ka!ee early November, harvests tomatoes for three weeks and then leaves for a construction job or a service industry job, should that person still be considered a farmworker? The fewer number of farmworkers estimated in this study may also suggest a conu action in the farm ......... ~ . . ~ ane. idence exist:~ to sagges~ a decEnlng nus~:ber of ~;easonal farrnworkers. During the 1997/98 growing season, farmworker housing complexes, such as Oa~,?,.':'~ c;~ .qkartm,.nts mid From Workers' ¥illage in Inunokalee reported vacancies or shonrned waiting lists. Other providers of social services, such as the Immokalee Friendship House, experienced a decline in the demand for their services. These reports suggest that the supply of fa~'m~',orkcrs ii, ire lna~aokalee ~.rca has been declining. Further, growers reIxmed tighter tabor markets during the early fall and later spring as workers appeared to have arrived later and left earlier. Increased border patrol and immigration enforcement activities have been cited as reasons for the noticeable redaction in the number of farmworkers in southwest Florida. Tighter i:,u'nigration polices are expected to increase. At least 40% of the farm labor work force are working in southwest Florida wltho~_:t p:c pe~ doct;mentation, hence they are illegal (Gabbard). At the fedc~a! level, the Immigration and Naturalization Service and the Social Security Administration are working on joint programs to reduce the nUmber of illegal workers. As the number of undocumented workers declines, growers and industry organizations are lobbying for guest worker programs that would legally bring in the needed workers from outside the United States. Historically, when farmers have been faced with either labor shortages or rising labor costs, they mechan::c. The sub;ar cane industry in south Florida has already converted to ~nechanical harvesting. Currently, an aggressive research and development program for mechanical harvesting is underway within the Florida Department of Citrus. Initial reports appear promising as the citrus industry anticipates at least 20 % of the state's crop will be mechanically harvested within the next five years (Brown). Wholesale adoption of processed citrus could reduce the demand for harvest labor by as much as 60% (Brown). Mechanically harvesting tomatoes and other fresh vegetables does not appear likely in the near future. More than twenty years ago, the University of Florida r~c,,_, ~:i, ,.~, ~w cs ~.,~tc:n?ted to de;'ciop a mechanical harvesting system for ii'esh market tomatoes. The system was never proven to be commercially viable, and today the harvest of fresh tomatoes still .. depends on seasonal hand labor. 22 '-" IV: Demographic information on seasonal farmworkers in southwest Florida Between February and April 1998, more than 900 farmworkers were interviewed in southwest Florida. Attachment 3 presents the survey questionnaire used to solicit information on worker characteristics, household features and farm employment history. The purpose of the survey was to develop a more detailed demographic description of the seasonal farmworker population that could he'.p address housing, education, public health and safety needs within the seasonal f~m.v'orker comrmmi~'. Fur*her. gab~.,dng employment data about the t3'pe af farm w-~rk xr~4 t>'I~iC,.:: wor~ wcck length, directly contributes to estimating the number of farmworkers. Statistically valid inferences depend on selecting a representative sample of the target population. Dra~Sng a representative sample depends, in mm, on some definition of the population's size and composition. A dilemma faced by this study was the absence of clearly defined parameters describing the size and composition of the southwest Florida seasonal farmworker population. Prior studies have developed national and state demographic profiles of seasonal farmworkers. Other studies have developed descriptions of various segments of the regional farmworker population. But this is the first study to address the demographic make up of seasonal farmworkers solely in southwest Florida. Multiple surveys were initiated with different sampling bases. The citrus and vegetable surveys interviewed samples of workers based on a random selection of employers. For the citrus survey, 295 workers were interviewed. These workers represented 16 crews hired among ten employers. For the ,~evetable survey. 197 workers were intervie'~'cd from six crews working on four fa-ms. Separate surveys were initiated at five Redland Christian Migrant Association (RCMA) sites, thirteen permitted housing sites and at the Pantry. Shelf. a worker staging area i:~ Immokalec. Results fro;n fi~ese s,.,:wevs ',ye.,:. u~:e~: to .zo,:~parc ~iit: the information collected from the employer based surveys. Observing whether infarmation converges or diverges across sampling groups could pru,, de ,ome insight as to how "representative" the information collected by i~ldividual surveys is to the whole seasonal farmworker population. Further, multiple sampling perspectives could provide information on which demographic characteristics are sensitive to the sampling scheme. Worker. household and employment demographics of the farmworkers interviewed between February and April 1998 are summarized in Tables 15, 16 and 17, respectively. In each table, column headings identify the specific surveys initiated during the study. "Citrus"and "Vegetable" refer to the employer based surveys. "Pantry. Shelf', "Housing Sites" and "RCMA" refer to the additionai sur,'c>'s that are described in the preceding paragraph. I' 't.rket l}emegraph ;.cs Worker demographics include age, gender, ethnic origin and level of formal education. As shown in Table 15, the typical seasonal farmworker in southwest Florida is between 20 and 40 years old, male, of Mexican origin and has between five and six years of formal education. The RCMA survey indicates a higher percentage of female farmworkers than the other survey. However, the mission of RCM A is tc provide day care and pre-school eclueationa! services. C~equcm~y, one should expect a higher percentage of working mothers to utilize RCMA. ~' ~': 23 Househ old Demographics Tab!c 16 ~,:es:m:; ~ousebold demographic information. Household demographics separate farrnworkers into four household categories -- living alone, living unattached but with companions, living as a family unit, and living with relatives. Household size, number of adults and children are summarized for each housing category. Most seasonal farmworkers live unattached with companions. The citrus and vegetable surveys indicate 90% of the seasonal farmworkers live with companions. These households have at least four adult farmworkers and children under the age of eighteen are no! ~resent. The Citrus and Vegetable surveys indicate only between three and four percent of seasonal farmv,'orkers lix. e ~vith families. The percentage of families represented in the RCMA, Pantry Shelf and Housing Site surveys is higher suggesting that the employer based surveys may not have represented an adequate number of families. While the employer based surveys might have missed a proportion of families, there is some evidence that the RCMA and housing site surveys over represented families. As previously mentioned, the RCMA's focus on children should attract a higher proportion of families who utilize their services. In the housing site survey, 79 interviews were conducted at Farmworker Village, Immokalee. Nearly 65% of the farmworkers interviewed in the Village were living with a family. Farmworker Village is a housing complex with more than 500 detached houses and offers family oriented amenities. There are two RCMA centers in the Village and an elementa_ry school within walking distance of the main entrance. If the Farrnworker Village responses were removed from the rest of the housing survey, the percentage of farmworkers living with families would drop to 23%. EmFlo. vment Demographics Employment demographics describe farmwork experience in southwest Florida, tendencies to shift In addition, employment demographics describe weekly hours of work and a~mual income from farm ~ ork. [ a,ic 17 sun,m:rizcs employment demographic information. The typical seasonal fa~m'~orker has five years of farm experience in southwest Florida. A consensus among all surveys is that most workers do not shift among agricultural commodities during the season. The employer-based su~,'e, :: sb,m' vir'tual!y no shifting among crops. '[he housic, g site and RCMA sum'c* s Jm~icate some limited movement among citrus, vegetable and nursery industries during the season. A high percentage of seasonal farmworkers migrate into and out of southwest Florida. The surveys indicate that migrant farmworkers comprise between 75% and 90% of the seasonal agricultural work force. More than 60% of the migrant citrus workers arrive during October and 80% of them expected to depart southwest Florida during June. Vegetable workers tend to arrive in southwest Flor~,da ,~ r*,antk earlier th~n citrus wcr[:er~. More than 50% of the migrant vcge~ble workers arrive in September. Almost all migrant vegetable workers expected to leave either in May or June. Farmworkers were asked about their annual income and the percentage of income they earned from agriculture. The average of all responses was between $6,500 and $7,000 with no more than 12% of the people interviewed claiming income from non-farming activities. While the question asked for annual income, it is unclear whether all responses reflected a calender year of employment. 24 During the first week in January, an average seasonal farmworker worked between 33 and 37 hours. Exz,:pt for workers ir~ter',iew~d in the ,,'egetablc survey, a similar range of weekly horns was reported for thc seven days just prior to the interview date. If farmworkers maintain 35 hours per week of farm employment throughout the year, at minimum wage ($5.15 per hour) their annual income is more than $9,300 ($180 per week * 52 weeks). More clarification is needed to determine whether or not reported incomes reflect 50-52 weeks of employment and the extent to which farmworkers are underemployed. Co2~,[,r~'o,, qi'demographi~, results with other studies Most of the demographic information collected in this study corrobor~ ;s demographic information collected in previous studies (Polopolus et. al; Mines et.al). Th: is, most of the seasonal farmworkers are male, foreign born (typically from Mexico), migrate a d live away from any family dependents. Data from the National Agricultural Worker Survey (NA' S) indicate that almost 20% of all farmworkers are new workers, annually. This suggests that a ty[' :al farmworker has between five and six years of experience, a result similar to what was found ir: he current study (see Table 17). Results in Table 16, however, do not provide a clear picture as to the number of seasonal farmworkers living with families. The percentage of families ranged fim three percent in the Citrus worker survey to 70 percent in the RCMA survey. The Housing Site survey indicated 33 percent of seasonal farmworkers live with families, a value that is closer to the Florida NAWS data which reports 38 percent of the farmwc~rkers live with their families (Gabb:.rd). T}'.z Migr.~n? Education Program provides additional data that sheds some insights as to the overall uncertainty with respect to the true farmworker counts and important demographic statistics such as th,. p~ r~. ,?,:: of x, c rk~rs ~'no live with families. Table 18 pre~,eets the n4;:nber of child: e~, e~zrolled in the Migrant Education Program in southwest Florida from the 1993-94 school year through the t 9,/z.-97 sci~,:.ol ye.:,r. Apprc,ximate[)', seven percent of the students in the Progrmn are older than 18 3'ears and are in the process of earning a high school G.E.D. Since these individuals are likely to be working on agricultural operations, they are subtracted from the total number of students in the Prog?.m. As.~.m;ing two ckildren per family, tlc 1996 Migrant Education Progra~n statistics ~epresent 5,346 families. If one assumes that 16,220 is an accurate count of seasonal farmworkers and 90% of those workers are mi grant farmworkers, the Migrant Education Program data imply 37% of all seasonal farmworkers live with families, a statistic that matches closely with the Florida NAWS results. Alternatively, if one adopts the 'Shimberg Center's estimate of 25,720 migrant farmworkers :, then ~e Migrant Edt~cation Program data suggest that less then 21% of seasonal farmworkers live with families. I studies. See the Appendix for more details on the Shimberg Center report and other farmworker 25 II I I I III I Table 15 Worker Demographics Citrus Vegetables Immokalee Housing RCMA Pantry Shelf Sites '-IT'~' ~ ~'~'- .... I~ 1 ~, I . ~ , ', _;5 197 6i I 318 O0 Age (%) < 20 13% 20% 59% 20% 8% 20 - 40 65 73 41 73 85 > 40 22 7 0 7 7 Gender (%) Male 100% 96% 79% 89% 54% Female 0 4 21 11 46 Ethnic Origin (%) Mexican 97% 85% 49% 65% 87% Guatemalan 1 13 51 26 8 Other ltispanic 2 2 0 5 5 Haitian 0 0 0 4 0 American 0 0 0 0 0 Formal Schooling O'ears) 5.4 5. I 7.1 5.5 5.3 Collier 39% 100% 100% 26% [ 13% ti~ ndrv 6t 0 0 70 i7 Lee 0 0 0 4 7 Charlotte 0 0 0 0 0 Gl~des 0 0 0 0 0 Desoto 0 0 0 0 63 1/ Column headings refer to the separate sampling efforts initiated during the study. See page 23 for more description of individual surveys. 26 Table 16 Household Demographics Household Household Citrus Vegetables Immokale~ Housing RCMA categories: characteristics Pantry Shelf Sites :~',*,;~t~:~ '!:: i 295 197 6i Alone percent of sa;nple 0% 3% 5% 2% 2% 'number of adults I ! ! 1 n umber offarmworkers - I I 1 1 n umber of children - 0 0 0 0 Companions ~ercent of sample 94% 89% 79% 61% 20% n umber of adults 6 5 4 4 6 number of farmworkers 6 5 4 4 6 n umber of children 0 0 0 0 0 Family ~ercent of sample 3% 4% 15% 33% 70% numl;,er of adults 2 2 2 2 2 number of fermworkers I 2 2 1 2 I/tun.be, oJ' children 2 . 2 ~. 2 3 Relati~ ~ ~erccnt oj'sarn~le 3% 4% i % 4% 8% number of adults 4 4 3 3 4 .number of farmworke~ 4 4 3 2 4 I inumber°f children I 1 0 2 2 1/ Column headings refer to the separate sampling efforts initiated during the study. 27 Table 17 Employment Demographics Cites Vegetables Pan~ Housing RC~ u Shelf Sit~ ~Farmwork Experience in 5.5 4.7 3.8 5.0 4.5 southwest Florida Citrus only (%) . 99% 0% 0% 42% 26% [Vegetable only (%) 0% 100% 98% 40% 46% Other crops only (%) 0% 0% 0% Crop crossover (%) ~ 1% 0% 2% 16% 28% Migrant (% yes) 87% 97% 72% 75% 93% Arrival months August 8% 27% September 10 52 23 18 9 October 63 18 55 47 23 November 12 3 16 11 43 Depar,u;e months April 7% 2% May 11 49 14 17 38 J~e 80 48 68 75 18 July 16 6 36 Hours aorked last 7 days (hrs) 38.2 18.3 37.4 37.2 36.8 llours worked Jan 4-10, 1998 33.2 36.7 -- 36.9 35.5 (~) Annual fam~'ork income ($) ~ $6,956 $6.745 $6.574 $6,567 ~ $9,g35 Percent farm income earned in 93% 69% 75% 82% 5~fi southa'est Florida (%) Non-farm ~come (% yes) 7% 7% 3% 6% 12% 3/ Column headings refer to the separate sampling efforts initiated during the study. This catego;:' indicate~ the extent to which a given worker switched among citrics, vegetab!es and other agricultural commodities during the season in southwest Florida. 1~ - ~ ..... Number of actual days worked in agriculture was not documented. See page 24 for further dis~sio~.~v..~~ 28 Table 18 Chiidreu Enrt~lled ia Migrant Education PI ograms County 1993-94 1994-95 1995-96 1996-97 Charlotte 0 0 0 0 Collier 4,375 5,986 6,443 7,340 ~i~d~.~ i45 113 191 170 Hendry 1,383 1,638 2,031 2,467 Lee 1,201 1,406 1.626 1,520 Total 7,104 9,143 10,291 11,497 Source: Stauffer, Nada. Florida Department of Education, Bureau of Student Support & Academic Assistance. 29 Population of Seasonal Farmworkers in Southwest Florida and Distribution of the Farm-v,~ck~r Popul .... ~a t~ So~:thwest Florida Counties Estimating the population of seasonal f:armworkers depends on first, estimating the total number of farmworkers, second, estimating the percentage of those farmworkers who live with their families, and finally, estimating the number of dependents per family unit. The number offarrnworkers in southwest Florida during early January 1998 was estimated to be 16,220 people (Table 14). Of those workers, 37 percent were a~surved to be living with a family. While 37 percent is a bi,her proportion than wh~t '?,,a~ t~.,t~-..~ Z w,~rker surveys, ~'t is a 6tatisfic that is supported by oti~cr reseca'ch findings (i.e. NAWS- Florida Report) and rationalizes the Migrant Education Program data with the 16,220 total farmworkers reported in Table 14. Both NAWS findings and the findings of the current study support the assumption that there are three dependents per family (spouse and two children) (Mines et.al). Table 19 summarizes the calculations which estimate both seasonal and migrant farmworker population living in southwest Florida during January 1998. The migrant farmworker population was assumed to be 90 percent of the total seasonal farmworker population (Table 17). The seasonal farmworker population in southwest Florida during January 1998 was estimated to be more than 34,000. Of that total almost 31,000 were a part of the migrant farmworker population. Table 19 Seasonal and Migrant Farmworker Population in Southwest Florida January 1998 Workers Dependents Total population 16,220 18,004 34,224 16.220 seasonal farmworkers 90% of total are migrant farmworkers 37°,/0 of farmworkers live with family 3 dependents per family ~Iigrant 14,598 16,204 30,802 An underlyivg motivation for conducting an agricultural labor stud,,,' of southwest Florida, was to provide county planners with the basic statistics so that they could evaluate the overall need for fal:nworker lwusing. Toward this end, the esfimate~ of total farrnworker populations are apportioned to individual counties. The distribution of the total population to counties is made on the basis of migrant education data and the records of permitted housing units. County migrant education data is presented in Table ! 8. Almost 64 percent of migrant children attend schools in Col!ier Count. Mc~,~ ~-~ 21 l:-crcent of the migrant c,h/ldre~ attend Hendry County Schools. Charlotte County has no record of migrant children in its school district. 3O Table 20 shows the number of units and capacity of permitted migrant housing in southwest Florida. A p~:rmit~ i~su~d by the Flor!da Dep0.~tm::~~. of Health, is required for any structure which houses five or more migrant f~u-mworkers. Structures housing four or fewer migrant workers are not required to obtain a permit. Permits are designed to insure that the structure comply with basic health codes. The permitted housing capacity in southwest Florida between January and March 1998 was 12,846. The greatest percentage of permitted housing units is in Collier County, where there exists capacity for almost 8,700 people. Hendry County has capacity for more than 2,700 people, or 21.5 percent of the total southwest Florida ~rmitted housing capacity. Table 20 Permitted Migrant Farmworker Housing January - March 1998 County Units Capacity Charlotte 0 0 Collier 1,785 8,698 Glades 98 635 Hendry 448 2,725 .Lee 181 788 [Total 2,512 12,846 Source: Leu/'e~lc, farm~ orkcr housing consultant, County Public Health Units, Florida Department of Health. 1 he nun~bcr of pemnned housing unit~ a~cl ct-aldren in migrant education progra~ns provide an indication of where the farmworker population resides in southwest Florida. Table 21 stmunarizes the count3.' percentages of housing permits and migrant education enrollment. These data are used to create an all,~ca, ion £actcr whic!, is used to distribute the total fa~mworker population estimates to individual counties. Almost 22,000 seasonal farmworkers, or 64 percent of the total southwest Florida population, are estimated to live in Collier County. The next highest percentage (22 percent) of farmworkers reside in Hendu Count)'. Lee and Glades Counties are home to ten and four percent of the region's farmworkers, respectively. Charlotte County has neither permitted housing units or migrant school children. Therefore, no seasonal farmworkers are assumed to live in Charlotte County. While agricultural production determines the overall number of jobs for farrnworkers, population centers do not exactly coincide with agricultural acreage. Collier Count)' is responsible for a quarter of the citrus and vegetable acreage in southwest Florida. However, Collier County is home to almost two-thirds of the region's farmworker population. 31 Table 21 Distribution of Seasonal and Migrant Farmworker Population to Southwest Florida Counties Citrus and Permitted Migrant Seasonal Migrant Vegetable Housing Education Allocation Farmworkers Farmworkers acreage Capacity Children Factor and and (,.~an-Mar (!906-e') ~' 'nde~ 1998) Charlotte 10.4% 0.0% 0.0% 0 0 0 Collier 26.0% 64.5% 63.8% .64 21,903 19,713 Glades 4.7% 5.6% 1.5% ,04 1,370 1,233 Hendry 50.8% 22.1% 21.5% .22 7,529 6,776 Lee 8.1% 7.8% 13.2% .10 3,422 3,080 Totals 100.0% 100.0% 100.0% 1.00 225,293 12,846 11,497 34,224 30,802 acres spaces children people people VI. SummaD' and Conclusions Agricultural production is an important economic acuvity within southwest Florida. The collective s~'.zs 05 ci:r':s, "e~e,:=bles.: ? gar c- ~,.e, caVle and ornamt:ntat operations generate =atez cicsc to ot~e billion aollars annually. Seasonal farmworkers are an important resource, particularly to the citrus and vegetable industries. The long-term economic viability of these industries will depend on the 2', :.~i'-',;lit,.' :of. ::~::c~r~! farrr's, orkers t,:. hm-~est citrus and vegetable CtOl:3S and l:,erlorm other various field operations. The first objective of this study was to estimate the number of farmworkers in southwest Florida during the peak of agricultural production. Agricultural operations were estimated to employ almost 5,000 ivdMduals on a full-time basis In this report, seasonal farrrtworkers are defined as those worker who are employed on an as needed or day-to-day basis. Estimates of seasonal farmworkers depend on the scope o f ~ ~i 'ultur~I activity d~tring a reference period. Early Jan:~xry 1998 was chosen as the reference period and specifically the week of January 4* thru 11~'. Data on worker productivity and information about worker employment hours were used to estimate the number of jobs and number of people available to fill those jobs. During early January, the number of farmworkers were estimated to be slightly more than 16,000 people. When dependents of farmworker families are included, the ov.erall population ofseasopal farmworkers was estimated to be more than 34,000. The population=of_migrant i., ....... farmworker was estimated to be 90 percent, or almost 31,000 people of the total number of' seasonal farmworker population. The southwest Florida seasonal farmworker and population counts reported in this study are less than what was published in the 1997 Shimberg study and the 1990 Atlas of State Profiles. Additional work is being planned for the 1998/99 production season to verify whether the farmworker counts published in this report are reasonable. Sampling procedures need to be reexamined to insure that a true representative rumple offarmworkerq is being considered when demographic characteristics However, ire ;~; dt, ,1o sul~po~ ~ mecdo~d cvicience ttmt tktmw'o, ker numbers in ~outhwest Florida ha~, e declined over the past four years. It is reasonable to assume that a strong economy has provided non-farm employment opportunities to a number of people. Further, a tougher stance within the federal government against undocumented workers has led to increased INS border patrol activities which discourage some foreign-bom workers from entering the farmworker labor force in the U.S. A second objective of this study was to collect demographic information on seasonal farmworkers in southwest Florida. Interviews with more than 900 fannworkers confirm earlier studies that seasonal agricultural labor is predominately under the age of 40, male and Hispanic. About 90 percent of the seasonal agricultural work force in southwest Florida migrate in and out of the region. Most workers arrive in southwest Florida between September and October and leave between May and June. ~/he sur~ eys conducted in southwest Florida during 1998 did not find a high percentage of workers who lived with families. Most farmworkers live with at least five unrelated companions. While these findings comport with the findings of other studies, the exact percentage of workers living with families remains unclear. The southwest Florida surveys indicated between 3 and 33 percent of workers live with families. On the other hand, data from county migrant education programs suggest the percentage ~;f fa~n',~ :~rk~ :~rp~lies iz closer to 40 percent. Verifying aa accurate statistic of farm,a-orker families is important because the overall population count is highly sensitive to this statistic. Currently, southwest Florida has a permitted housing capacity for slightly less than 13,000 people. Estimates of the migrant farmworker population of almost 31,000 people suggest a need for more h,~:u~in,,~, or at least ~' o exl:-~,~r,,, thc pcm~i~ting criteria to include :structures with less than five migrant farmworke~s. If community leaders in southwest Florida choose to develop more farmworker housing units~ describipg the overall size and composition of the agricultural seasonal work force will help direct planning for the type of housing structures the region would like to develop. Results from this study suggest housing plans should target the needs Of single men who temporarily reside in southwest Florida for between four and six months. 33 VII: References Mark. Unpablisned data. Florida Department of Citrus - Economic Research Division, Gaincsville, FL. 1996. Chadwick, D. Executive director of the Citrus Administrative Committee. January 4-10, 1998 weekly report, Orlando, Florida. :. .~., .~, ,~,,~:[ ~:,co ,qc~', icc ti .;.~Sj. Ar,.r:ual Citrus Summary 19~0-9/. Onm~do, i torida, January 1998. Florida Agricultural Statistics Service (FASS). Annual Field Crops Summary 1996-97. OrlandO, Florida, January 1998. Florida Agricultural Statistics Service (FASS). Annual Livestock Summary 1996-97. Orlando, Florida, January 1998. Florida Agricultural Statistics Service (FASS). Annual Vegetable Summary 1996-97. Orlando, Florida, May 1998. Florida Institute of Government and the Glorida Atlantic Universtiy/Florida International University Joint Center for environmental & Urban Problems (FAU). The Florida Farm Worker Study. Prepared for the Florida Department of Community Affairs, June 1988. Elswick-Morrison, Jeannee. Migrant Housing Needs in the Florida Heartland. Heartland Migrant Ho~:sipg C ?aliti.?:. Fcbru:LD,' 19c~5. Gakba~d. S,~san Farmuorkers i,~ Florido - 4 .S'~bs,'t ofN.4 WS. Aquirre In/crnation:d, San Mateo, CA. April 1998. Johnson P.C and R.C. Greene :ifi.~a~tt Farm Labor Houring Sotdhea.~t Florida Sur,'ey / Report. September 1994. King, Linda. Director of Operations, Division of Jobs and Benefits, Florida Dept. of Labor, Tallahassee, FL. personal communication, July 1997. Larson. A.C. and L. Plaxcencia. Migrant Enumeration Project - Final Report. Prepared for Migrant Legal Services, Larson Assistance Services. 1093 Mines, R., S. Gabbard, and A. Steirman. A Profile of U.S. Farmworkers, Demographics, Household Consumption, Income, and Use of Services. U.S. Dept. 0fLabor, Office of Program Economics Research Report//6. April 1997 34 ... Mulkey, D., R.L. Degner, S.Gran, and R.L. Clouser. Agriculture in Southwest Florida: Overview and Eco%.m~ic Impact. St~ff Pal:er SP 97-3. Food and Resource Economics Department, IFAS, UiSversity of Florida, April 1997. Pelle, Lou. Farmworker housing consultant, County Public Health Units, Florida Department of Health. August 1998. Polopolus, L., R. Emerson, N. Chunkasut, and R. Chung. The Florida Citrus Harvest: Prevailing 14'agt, ~, Labor Practices at~d £t,plications. Food mid Resource I:conomics Department, IFAS, University of Florida, September 15, 1996. Shine, J. Research Coordinator, Sugar Growers' Cooperative, Belle Glade, Florida. Personal communication, May 1998. Smith, Marc T. Migrant Farmworker Housing Needs Assessment Methodology. Shimberg Center for Affordable Housing, University of Florida, April 11, 1997. Smith, S.A. and T.G. Taylor. Production Costs of Selected Florida Vegetables 1996-97. University of Florida, Cooperative Extension Service, IFAS Circular 1202. April 1998 Spikowski, William M. Farmworkers in Lee County: The Housing Challenge. Spikowski Planning Associates, Ft. Myers, FL. April 1994 Sta~:ffer, N~da. Florida Depat",ment of Education, Management and Evaloation Services, Bureau of Student Support & Academic Assistance, June 1998. U.S. Department of Health and Human Services. An Atlas of State Profiles Which Estimate Number ~.: ,~ :';~','ant :md Se~s~mal ~'arm~or~rs and ~(embers of their Families. Migrant Health Program, Bureau of Health Care Delivery and Assistance, Rockville, Maryland, March 1990. 35 Appendix Previou~ Farm~-orker Studies A number of attempts have been made at counting the farmworker population and describing the characteristics of farmworkers. This section provides a brief review of several studies undertaken on either the Florida or southwest Florida farmworker population. ,4~i..~ cj'.)w,e !','ojT:es'. (3~e ii'equcnt!y rcfercnced study fi:at provides estimates of the Pannworker population is An Atlas of State Profiles Which Estimate Number of Migrant and Seasonal Farmworkers andMembers of Their Families. The Atlas was prepared by the U.S. Department of Health and Human Services in March 1990 for the purpose of determining funding allocations. The estimates presented below were prepared by state organizations and then adjusted as necessary at the national level to meet the scope of the study. These estimates are widely used by many local, state, and federal agencies that work with farmworkers. They include families who travel with the farmWorkers. Migrant Farmworker Seasonal Farmworker Total Migrant & Seasonal Population Population Farmworker Population Charlotte 75 1,281 1,356 Collier 14.202 7,808 22,010 Glades 503 2,396 2,899 Hendry 3.958 7,108 11,066 Lee 6,139 10~3_22_ 1 &461 Southwest Florida 24.877 28,915 53,792 State ~ 82.790 252.583 a35,373 Source: .4 n .4tlas of State Profiles Whtch Estimate Number of Migrant andSeasonal Farmworkers and Members of Their Fam:hes. NA WS (Mines et.al). Another important study often quoted is the National Agricultural Workers 5u.~'ev O,. :.,~ ~,X'<~ ir ,,,'?~ic" ~::?',','o4. _'r.: ,~:r~,ss t,',~. ~._:~:ited State~ mc inter'~icwed. Thc interviews are conducted during tlaree different times of the year and are undertaken by the U.S. Department of Labor and Aguirre International. A summary of the findings from the NAWS was presented in A Profile of CLX Farmworkers'.' Demographics, Household Composition, Income and Use of Services, April t997. This report was prepared for the Commission on Immigration Reform. The NAWS has been conducted from 1988 to present and over time, the interviews have shown an increasipgly male ($0%) ~d increa.qngly foreign-born (70%) farmworker population. The interviews also showed that the percentage of foreign-born farmworkers working illegally is increasing (37%, up from 7% in 1989). Of the U.S. farmworkers interviewed, NAWS reported that 60% of the farmworkers were married, 40% of whom lived apart from their spouses. Fifty. six percent of farmworkers lived with unrelated 36 individuals. For foreign-bom workers, the percentage was even higher at 66%. And for illegal workers, the percentage living ~4th unrelated individuals x~'~s 75?/o. Regarding the manber of people in a home, the study found that 10% of the farmworkers lived alone. Foreign-bom workers were more likely to share homes with five or more people than U.S. bom workers (46% compared to 19%). Only 19% of the foreign-born population shared homes with one or two people. Overall, less than 40% of the foreign born workers livod ,,rich family. v,'lfl~ ~'.:sFc~ to hicomc, ff,~. N.'O,VS study i0und that median pclsonal income from farmwork was typically $2,500 to $5,000. The median income from farmwork and other sources was $5,000 to $7,500. (The median has not changed since 1988.) One quarter of the farmworkers had non-farm work earnings. Median family income was $7,500 to $10,000. Of the farmworkers, 61% were classified as living below the poverty line. Of illegal workers, 80% were believed to live below the poverty line. The NAWS found that 18% of all farmworkers are new to U.S. farmwork each year. Of those, 70% are illegal. The study also found that there was a significant surplus of workers. During one of the peak seasons of the study, July, less than 60% of the workers were employed. Sufficient NAWS data was collected to produce a Florida report. The Florida report is' titled Farmworkers in Florida: A Subset of the .VA WS and covers interviews conducted from 1988 to 1997. The study found that the mean age of farmworkers in Florida is 32. Of the farmworker population, 79% were men and 47% of the farmworkers were married. Seventy five percent of the workers were foreign born and two thit-ds of the foreign born workers were from Mexico. According to the Florida report, 41% of the farmworkers are undocumented workers and that number is increa~sin~. Thc [zcrc~:nta~e living without family members is also increasing and now represents abcm 62% of the population, up from 38% in earlier surveys. Median personal income was $5,000 to $7,500 while median family income was only slightly higher at $7,500 to $9,999. Concerning housing conditions, 20% reported that they received housing from · tl~Ct. ;n e ~,:,~se one qua~te: lived in an aparunen.'., and on{, quarter lived in a mobile home or trailer. Shimberg Center (Smith, M). The Shimberg Center for Affordable Housing at the University of Florida created a methodology for estimating the number of migrant farmworkers and their dependents in eac k~ coun tv. Estirnvtes reflected 1995 conditions and offered no projections for future fan'nworkers numbers. The Shimberg Center's for estimates focused only on migrant workers. Seasonal f'a.~,~ erkers, defined as year round residents, were excluded since they were assumed to bc part of each co~mtics' p~rma,~ent population and therefore, ~ere included in other housing need assessments. To produce estimates of farmworkers at the county level, the Shimberg Center started with a stateWide estimate of the number of farmworkers and then distributed them among the counties. 37 ~ .. The statewide estimate of 233,000 farmworkers during 1994-1995, was provided by the U.S. Department of Agriculture which use,: t.~eir Farm Labor Survev (FLS) to count filled U.S. hired fa.rmworkec jobs quarterly. The Shimberg Center adjusted that number to remove non-field workers using'" ...... ' m,~,,~,~on from the Census of Agriculture that shows the number of hours worked in fields versus the hours spent working with livestock. That adjustment reduced the statewide estimate to 214,000 farmworkers in 1995. A second adjustment was made to correct for farmworkers who may have been counted in each of the ,~.~ ur ,.~,~.,-tc~ 57 6~ ~ ~.2,: ~ad :,3 i nci ude wo~kca~s v, ho wec¢ not em pioyed during may of file four reference weeks. The Shimberg Center relied on information gathered from the National Agricultural Workers Survey (NAWS) that reflects the number of workers counted multiple times in the FLS data and those missed entirely. Based on the NAWS data, the Shimberg Center removed the farmworkers who were counted more than once to reach a statewide estimate of farmworkers of 171,000. To finally reach an estimate of migrant farrnworkers, the Shimberg Center again relied on NAWS data which showed that 67% of Florida' s field workers are migrants. Applying this factor produced a final estimate of migrant farmworkers in Florida in 1995 of 115,000. The Shimberg Center next determined the number of dependents traveling with migrant farmworkers. They again used NAWS data which showed that 71% of Florida migrant farmworkers traveled without family members, while 29% traveled with family members including a spouse, parent, and/or child(ren). Those traveling alone were called unaccompanied, while those traveling with family were called accompanied workers. On average, there were 2.2 farmworkers in every accompanied farmworker household. Also', farmworker households had an average of 3.8 family members, including the farmworkers. 1"o dist,¢.'.:~e the n'~mber of migrator farm,~,',rkers :)m;;ag each of thc 67 counties in Flc, fida, the Shimberg Center used co~W con=act f~ labor expendi~res ~om the 1992 Census of Agriculture. A rati~ w~ c~:cu~.~ted ~: ,:ac~ co~..nty sho'~ing the e-<pcnditures by count)' comp~ed to ~e state ex~ndi~es. ~ese ratios were applied to produce eo~ estimates of accomp~ ~d ~accom~ed migr~t f~workem ~e demo~pNc ratios descried ~ ~e p~agraph a~ve were then used tn e~'~a~e the ncr_:b :r ofdcpc~:den~:, ~aveting wit~ :kc accomp~icd f~nworkers. Finally. the Shimberg Center examined the supply of farmworker housing in each county, to determine if a shortage or surplus of farmworker housing existed based on the demand figures calculated above. For that purpose, the supply data was limited to farmworker housing built through the U.S. Department of AgrScu!'~:-e or pe-r~o~ed l:;y th: stat:.( .TI~,~: sta;e ~eq,.~ires dmt any u~it housivg five or more migrart farmworkers must be permitted as migrant housing.) ~ The estimates showing farmworkers and their families in the region ~re shown below: 38 ~"-- Migrant Farmworkers and Their Dependents in Southwest Florida Charlotte Collier Glades 14endu Lee Total 1995 Other Total Unaccompanied Accompanied Accompanied Migrant Workers Workers Worken Hshld. Members & Their Dependen~ 809 330 240 1,379 7,886 3,221 2,342 13,449 1,253 512 373 2,138 7..~9~ 2.978 12,437 !,022 417 305 1,744 18,262 7,458 5,427 31,147 Source: Smith, Marc. Migrant Farmworker Housing Needs Assessment Methodology, Shimberg Center for Affordable Housing, University of Florida, Gainesviile, April ! 1, 1997. Migrant Farm Labor Housing Southeast Florida Survey (Johnson and Greene). Another report, Migrant Farm Labor Housing Southeast Florida Survey/Report was written by Paul C. Johnson and Richard C. Greene, for the Office of Rural Health, Migrant Housing Program, September 1994. This repe~ describes the problems of inadequate and substandard housing available for farmworkers in south Florida. The report also includes limited statistical information including the number of permitted units, number of migrant and seasonal farmworkers (from the U.S. Dept. of Health and Human Services' Atlas of State Profiles Which Estimate Number of Migrant and Seasonal Farmworkers and Members of Their Families), migrant children enrolled in school, registered farm labor contractors, and funding for the State Revenue Program and the Preventative Health Block Grant. This information is provided for ;he counties of Broward, Dade, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie. The report concludes with a summary section outlining the next steps to be taken to obtain funrling for farmworker housing projects in those areas. Heartla,c 37u:t.}, (Elsv~'ick-Morrison). Ar, other soutk Florida rcpc~a, Midra?~t Housing, Needa in the Florida Heartland, was prepared by the Heartland Migrant Housing Coalition in February 1995. This study was undertaken by a group of representatives from various counties, government agencies, and ~¢r;c,.:!t:~r~l fiv'n~, led by Jc~mne Etswick-Mcrrison of thc F!orida Depaz'tt;~er',t of }-Ir. alth and Rehabilitative Services, to demonstrate the need for farrnworker housing in south Florida. At the time of the study, HUD was considering initiating several farmworker housing pilot projects in various states. The report was prepared in an effort to demonstrate the need for such housing in hopes that HUD would fund a project of that type in south Florida. For this report, the Heartland area was defined as DeSoto. Glades, Hardee, Hendry, Highlands, and Okeechobee Counties. The rep?n includes a s~rnmaD' oft.he nttmbcr of people employed in t':.¢ various aspects of growing and harvesting citrus. Based on 165,000 acres of citrus at the time of the report, there were 1,100 permanent jobs available in citrus growing and care taking; 8,500 jobs available in citrus harvesting, most ofwhich were seasonal or migrant; 425 to 500 jobs available in citrus processing, of which 75-1 O0 were permanent, year-round positions; and about 350jobs available in citrus packing, 50 of which were permanent, year-round positions. 39 The report stresses the impact of agriculture in the region in terms of employment and its potential for gro,~'~..h, ~pec;fi,-~lly in the areas of citrus harvesting, citrus processing, and ci[rus packing. Estimates of the number of farmworkers and their fmnily members are taken from the U.S. Department of Health and Human Services' Atlas of State Profiles Which Estimate Number of Migrant and Sec~onal Farmworkers andMembers of Their Families. This study appears to incorrectly assume that the figures fi'om the Atlas do not include family members that travel with farmworkers. As a result, the author of the study uses an average household size of 6.2 persons to calculate a total estimate of migrant and seasonal farmworkers of 59,658, rather than the 50,725 as presented by the Atlas for the Heartland area. Information on the number of HRS permitted migrant housing facilities in the Heartland area is also included in the report. In 1994, 165 permitted facilities existed in the Heartland area with a maximum occupancy level of 5,356. The report concludes with a summary of the types of housing facilities that currently exist in the area, such as trailers, multi-family units, and homes, combined with a description of the type of housing needed by each county. Migrant Enumeration Project (l~arson and Plaxcenia). Another report, Migrant Enumeration Project 1993, was prepared by Larson & Colleagues of Washington (led by Alice C. Larson) and the Tomas Rivera Center in Texas (led by Luis Plaxcencia) for Migrant Legal Services. This report produced estimates at the state level of the number of migrants and their dependents for the purpose of allocating program funds to states to serve the farmworker population. The methodology used in this project had several main points. First, the estimates were based on place of employment, not residence. Second, the researchers sought to estimate jobs. not the individuals who filled those jobs. Ihird, the researchers were not concerned about duplication of workers. And finally, the methodology was to be applied uniformly to each state with some flexibility for state variations. The general methodology from this report combinea ,.ounty level crop acreage data to produce state totals ofac-~a;c ~? :r~ ps. The lbrmula for e~timating wc, rker~ coasidcred the amount of crop acreage (as reported in the 1987 Bureau of the Census), multiplied by the number of hours needed to perform a specific operation (reported by state organizations). That figure was then divided by the product of the number of hours per farmworker per day in peak season (assumed to be 7.4 ?,ours as reported in the NAWS stud)') multiplied by the peak season's length (provided by state organizations). Adjustments to the number of workers by crop were made depending on the mechanization of harvesting for a particular crop. Once the estimates of the nt,.mber of wc~rkers ~eeded were completed by crop, the researchers used statewide estimates to calculate the number of workers who traveled alone versus those who traveled with dependents. A second estimate wa.~ then used to determine the size of*he h,~useholds for migrants who traveled with dependents. Both estimates were taken from NAWS data. For Florida as a whole, the study produced an estimate of 238,247 migrant workers and their dependents. This number makes Florida the third highest ranking state in the nation in terms of the' number ofmigrant~ an~ '.heir dependents working in the state. The first and second states are California (700,233) and Texas (370,815). The study also examined groups such as nurseries, food processing, etc., using data from the U.S. De0ax t~.ncnt of Labor to identify the number ofemp!oyees iii each relevant SIC category. Pe~-manent workers were subtracted so only seasonal employees were included in the study. The migrants and their dependents reported in the categories of forestry, food processing, cotton ginning, nursery/greenhouse, and crops under cover were 9,824. (This figure is included in the state total of 238,247.) Farmworker'; in lee C, ounty (Spikow'ski). was prepared by Spikowski Planning Asscciates for the Lee County Affordable Housing Committee in April 1994. The study identifies the major crops in south,, est Florida a_~cl their growing periods, [he various estimates of the farmworker population in southwest Florida, the current supply of housing for farmworkers, and ways to provide additional farmworker housing. The Spikowski study identified several sources of estimates of the farmworker population. One source, the Job Service of Florida, is a state employment office which previously provided In-Season Farm Labor Reports that estimated the number of seasonal and migrant farmworkers. The Immokalee office produced estimates that covered Collier and Lee Counties and the western portion of Hendry County. Their estimates for the 1985-86 growing season showed a peak estimate for December 1985 of 8,200 (the off-season figure was 2,000). During the 1992-93 season, the highest figure was again in December and was 11,600 (off-season figure was 5,000). Unfortunately, the Job Service no longer produces these estimates. The study also included estimates prepared by the Department of Health and Human Services which are the same :-is those presented in the .~tlas of.grate Profiles Which Estimate Number of Migrant and Seasonal Farmworkers and Members oJ Their Families. Two other sources identified were the Migrant Education data and the Florida Department of Labor. The Lee County School Board showed ~at there were 1300 ,mdcnts e~oiled in migrant education prog:ams du:ing the I988-89 school year. In the 1992-93 school year. that figure had risen to 2.000. (Students enrolled in that program can remain in the F:og.,an~ ;.~r ~ ~crt~,i~ number ~f >ca:s afb. er their family has stopped m~ving, and are ~herefore no longer considered "migrant." Previously, this period was five years, but now it is limited to three years. The Florida Department of Labor produced employment estimates that show there were 3,563 Sa::'nj,'! ~ !: ,~ :: Co~.n;.3 in 19c~ 1 B) :,.~:; c,~ 20~3. d~,.) cst;rr,uted tgat tee nm,,:.~xr ',vo,at,:t nsc to 4.690. The study also includes estimates regarding the race and ethnicity of the populalion. In the various estimates, Hispanics are the majority and typically represent 70% to 94% of the population. Haitians in two of the estimates comprised seven to eight percent of the population (and were excluded in the other cstimatesL The report does n,,t endorse a parqc,flar set of estimates but states that all estimates show a need for more farmworker housing in the fuUa'e. The report identifies the number of permitted units in the County in 1994 (161 units capable of housing 810 farmworkers). It concludes with a look at successful farmworker housing developments, the siting criteria for future housing developments, possible funding sources, and an examination of the regulatory constraints to building farmworker housing and recommended changes to correct those problems. 41 FA U/FIUStudy. The Florida Farm Worker Study was prepared by the Florida Institute of Government and tk~ FA;.TTIU Jo;hi Center for Fnviroamental & Urban Problems in Jtme 1958. The study was commissioned by the 1987 Florida Legislature and was administered by the Florida Department of Community Affairs. It was intended to accomplish three things: provide a demographic profile of Florida's farmworker population; identify current and future labor needs of agriculture; and evaluate farrnworker housing needs and conditions. The study began with a discussion of the importance of agriculture to the state's economy and looks at re,v. %: it~,,, a~ ,i~aagc. a ov,:r time. 'fix,: stud~ followed this with an examination of se,,eral sources ofstatewide estimates of the farmworker population and the variation between those estimates. The study found that while most of the farmworkers in the U.S. at that time were primarily unpaid family members, Florida differed significantly from that picture. Most farmworkers in Florida were hired, paid workers. The study estimated that in Florida, approximately 75% of the workers were over the age of 25, that the majority were male, and that Hispanics were largely replacing blacks as farmworkers. The study continued with a discussion of the various programs affecting the supply of farmworkers including unemployment insurance, labor contractor and crew leader issues, and the Immigration Reform Act and concluded with a literature review of the pertinent literature. The studF' includes a section called Demographic Profile of the Florida Farm Worker which includes estimates of farmworkers by regions of the state. Region 13 corresponds to the five counties included in the Institute of Florida Agriculture and Sciences study area. The estimates are based on data collected in the 1980 Census of Population, the Hired Farm Working Force surveys that are used to supplement the Current Population Survey, and the 1978 and 1982 Censuses of Agriculture. The study produced a statewide estimate of 104,000 farmworkers in 1986. This was a decline from 135.C~3(' ~;: 1';80. For :;~uth~'cst Florida, th~ estimate of farmworkcrs was app~oxin~:,t,:!:' 8,003 (both seasonal and migrant, but exclusive of dependents). The survey estimated that only 4.6% of the farmworkers in south Florida were undocumented workers in 1986. As part of the study, the Legislature required that a survey be done of growers regarding their future need for and expected supply of farmworkers. The survey was mailed to 500 growers and I 18 responded. The survey asked questions concerning the number of employees hired, the adequacy of the current labor supply, and concerns over the future supply of labor. The Immigration Reform and Control Act (1987) b,*d just occurred one year earlier and 54°,/0 of thc rcspond;ng growers felt they would experience a shortage of workers in the future. The growers believed they would need to rely more heavily on thc foreign labor market using programs like H-2A in which foreign workers are brought to the area. Ia response to a survey question asking growers what services or programs were needed to improve the availability, performance, and skills of farmworkers, growers responded that housing and education were most important. The final portion of the study focuses on farmworker 'housing and living conununities around the state. Of those eight, the researchers conducted site visits at three: 42 conditions in eight mmo, kalee., ~ Hendry County, and Belle Glade. In each ofthese areas, they examined the current supply of housing 'md fc, und z. large mnount of it to be substendard and'or overcrowded. They also examined avticipate2 fut'o, re agricultural la'ends in those areas and determined that each area had a significant need for more decent, affordable, farmworker housing. In Immokalee, the researches specifically identified the need for more year-round housing since the area was becoming a home base for many migrant families. Two suggestions from the grower surveys are worth mentioning. Regarding the need for more affordable housing, .m'owers suggested the creation of tax incentives to encourage growers or other p~r~a~c s~c~,~r e~tit~cs to develop alfordaole housing. Second, to address the problem of a possibly declining labor supply, growers suggested better coordination of the workforce, perhaps through a central clearinghouse or registration center. 43 Attachment ! Survey ID University of Florida - Southwest Florida Research and Education Center PO Box 5127 Immokalee, FL 34143-5002 Contact: Fritz Roka, (941) 657-5221 Census of Southwest Florida Agricultural Labor, March 1997 CONFIDENTIAL The following question pertains on/)' to woriers who are employed within the five-coun~y, Southwest Florida region. Are you a land owner or part of a coop who has hired a management service to make all employment decisions? If yes, would you provide the name of the management service? If you are a land owner and/or manager who has knowledge of employment statistics, please continue. 2. Gro~vcr Employee Count March 12, 1997 January 12, 1997 Category Permanent Seasonal Permanent Seasonal Field wortcers Office workers Trucl¢ drivers Other Total Employee anyone you ha~:e recruited and to whom you issue a paycheck. Include any' unpaid family members workin~ on thc farm. ' Field workers anyone direct[v']'nvolved in farm. grove, greenhouse, or nursery activities -- including foremen, field ' managers, tractor drivers,harvesters, and farm maintenance workers. fru TCe wolfe,. ;nclu&3 geu~lal bu~,ac:~ managers, clzrical, of~ce maintena;v.e a~d marketip~"~a}es ¢~aff. ck ariv~rs ~crkers who haul fruit or produ~ce off the farm or grove. - Labor recruited by a tabor contractor (work:rs not consi,lerod farm., em .qoyees). number of workers Name of Contractor Crop (if known) .¢. va.n,' n,~m3er , wt.'ted I Marctt 12th January 12th i. 2. 3. 3. Approximate Size of Southwest Florida Farming Operation Commodity t 1996/97 Est. Acreage 1. 2. J. 1/ List crops categories, such as citrus, vegetables, sugar cane, ornamentals, sod, nursery crops, and pasture. d Name of' Interviewer Date Location of Interview Attachment 2 Empl6x er survey Vegetable G rower On Jan 6, 1998, how many employees were on hand working vegetable crops? Pc=anent Seasonal List the crops that are being grown (on Jan 6, 1995) and estimate the acreage in each: Crop Acreage Tomatoes Bell P~per Spec~a,:y P :pper Cucumber Squash Eegplant ?~tato Watermelon other Do you provide housing to your workers? o yes o no Code How often do you pay your workers? o daily Do you provide transportation for your workers? o yes Do you utilize the services of a crew leader or labor contractor? o yes If yes, does your crew leader: Hire workers? Transport workers? Supervise field work? Keep payroll? o weekly 0 rio o o yes o no o yes o no o yes o no o yes o no o biweekly ~. x'op; Activity I units I Units Total number Average Gross Effective I I pay r~te produred hours of pro,luclivity wages hourly ] during worked in workers per worker wage reference field I I week S/unit units hrs # unit/hr $ S/hr laying plastic planting staking tying harvest MG hat, esi R~ma t 45 Name of interviewer: Date of interview: Location of interview: Attachment 3 (page 1 of 3) Code: 199~ Survey of Vegetable Fatmworkers Contact: Fritz Rol~a SWFREC-Immol~alee (941) 658-3400 I. Over the laq~ Worker Earnings Activity I units S/unit Paid units days hours in-field II~-'~'l~m~am'~ '~'~.,~: -'a-x~.'~ac'm~a'~''~'~ ' ' ~',~l;l~ '~, ~ ~tlt~-~----~__~. ~n~. ..... ~ Total days worked Total hours worked in field Total earning over the last seven days Activity unit~ S/unit Paid units days hour~ in-field II ---~ Total days worked: ~rotai ?,our~ v'orked in fir:id: I Total earnings during reference week: 3. Housing cost $/wk S/mo. Employer provide housing.'? o yes o no 4. Transport cost~ $/wk'~ S/mo. Employer provide transport? o yes o no Name of interviewer: ~l~ate of interview: '~ation of interview: Attachment 3 (page 2 of 3) Code: 9'98 Survey' of Citrus Farmworkers Contact: Fritz Roka S WI: REC.lmmokalee (94I)658-3400 Worker Earnings Citrus crop Total boxes picked I Rate days hours t $,.q~x in-g~ovc -- 't'~' .... ~ " Il' 'Il Ill I I process oranges fresh market oranges grapefruit mandarin, murcots, other .. Total days worked Total hours worked in field Total earnings over last seven days Durine reference week (Jan Citrus crop I Total boxes picked Rate days hours I S/box in-grove process otangcs fresh marke: oraqges grapefruit Total days worked Total hours worked in field Total earnings during reference week 3. Hottsing cost $/wk S/mo. Employer provide housing.'? 0 ves o no 4. Transport cost ..... $twk ~. S/mo. ~:mployer provide transport? o ~es o no Attachment 3 (page 3 of 3) Code: .~:<.,e of interviewer Date Location of Interview Worker Profile o less then 20 o between 20 and 40 1. Age 2. Gender o male 3. o over 40 years o female Ethnic Origin o African American o Haitian o European American o Salvadoran o Mexican o Other Hispanic o Guatemalan o Other How many years have you been doingfarmwork? o 0-3yrs o 3-'lOyrs (number of years) o more than i 0 yrs How' many seasons have you worked in southwest Florida? (number) During this season (since Sept. and in Florida), what farm crops have you worked: o citrus o vegetables o sub,gar cane o cattle o nursery o omer 6. Where do you currently live (Closest town), (County). 7. t3o y, .: IA.c in one house ),ear round, or do you change houses during the year? o stay o change lfyou chahge houses, do you leave Florida? o yes o no If yes. whep did you return to Florida this )'ear? · o Jan o Feb o Mar o Al:: o May o Jun o July o Aug o Sep o Oct o Nov o Dec If yes, xthen do.YOU plan to leave Florida., this year° ' ~..'a., ; F'b '> Mar o \pr c; ~.Ia.,' ~' .r,~n : July o At, g o Sep .-' Ozt o No~ o ~':ec In terms ofmoxing and chan~ing houses, is this year similar to last 5'ear? o yes o no \\ h,. c do you cons]der .,,'or2, ;:ome re~dcn.:e ( 'ome base)? While working in Florida, do you live as a single person or live with a fam. ily? ~ alone o with compamons o with my family (speus- & kids) o with re~atwes 9. Total number of people (adults and children) who live with you (In same home)? How man)' adults? (number) How many farmworkers? (number) How many children (less than 18 years old) ? __ (number) 1~. D :' v o ;: h :, : e aro' formal education ? O ~es o no Che~k the highest'level: o elementary o igh school / vocational il. I~hal we:'e your fotal earnings from farm wor1 last year? __ ($) 12. Did you earn income from source other than fartn work? o yes o no 13. During the last seven days, how many total hou~ did you spend doing farmwork? 14. Between Jan. 4~ and Jan 10~, how man), total hours did you spend doingfarmworl~? . __ (number) o college ,,(hrs) (hrs) 48¸ EXECUTIVE SUMMARY PETITION PUD-80-10(2), DWIGHT NADEAU OF MCANLEY ENGINEERING AND DESIGN, INC., REPRESENTING SAMUEL J. DURSO OF HABITAT FOR HUMANITY, REQUESTING AN AMENDMENT FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD", FOR PROPERTY KNOWN AS VICTORIA FALLS PUD, AN AFFORDABLE HOUSING PROJECT, LOCATED APPROXIMATELY 400 FEET SOUTH OF U.S. 41 EAST, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 25.41+ ACRES. OBJECTIVE: The petitioner is seeking to rezone the herein described property by amending the existing "PUD" Planned Unit Development to "PUD" for a single-family, affordable housing project consisting of approximately 115 dwelling units on 25.41 acres of land and having a density of 4.52 dwelling units per acre. CONSIDERATIONS: The site is located approximately one mile west of C.R. 951 and 400 feet south of U.S. 41, and is bordered on the south side by Barefoot Williams Road. The subject property is undeveloped and is bordered by the Hitching Post RV Park on its north side, commercial property on its east side, large-lot rural residential properties on its south side (Price Street properties), and a mobile home development to the west across Barefoot Williams Road. Access to the proposed PUD will be from U.S. 41 via a private drive that will not be extended through to Barefoot Williams Road. All traffic entering and exiting the project will be limited to U.S. 41 access. There may be occasional traffic turning onto Price Street and Barefoot Williams Road due to missed tums from U.S. 41, but this should be rare and can be kept to a minimum with appropriate signage. This property was originally approved in 1980 for a PUD with 157 multi-family dwelling units, but in 1991 it was reduced in size by PUD amendment and because of the County's zoning re-evaluation proc'ess which lowered densities in this area. The reduction in base density did not affect or eliminate the provisions for affordable housing as provided by the County Growth Management Plan. The proposed PUD is also located in the Urban Residential Mixed use - Urban Coastal Fringe Subdistrict and is also within the Traffic Congestion Boundary as deSignated on the Future Land Use Map of the Growth Management Plan (GMP); therefore, the subject property is limited to a base density of 3.0 dwelling units per acre. Even though the base density is limited, the GMP allows affordable housing at higher densities in these land use districts. The GMP and the Land Development Code (LDC) encourages affordable AGENDA ITEM NOV 2 3 1999 housing by providing a density bonus in addition to the base density. The additional 1.52 units per acre proposed by this amendment is due to the Affordable Housing Density Bonus. The Affordable Housing Density Bonus would allow up to 8.0 dwelling units per acre, in addition to the base density of 3.0 units per acre, for projects of this type, if the project proposes 40 percent or more of the development as affordable housing. In this case, the proposed Habitat for Humanity project would qualify for up to 11.0 total dwelling units per acre because it will provide 100 percent affordable housing. The Habitat for Humanity project will have a maximum of 4.52 units per acre (3.0 base + 1.52 bonus units) in order to provide an adequate lot size at an affordable price. More information is provided in the Affordable Housing Agreement included with this report. The density of the proposed project was the major issue at the Planning Commission meeting on November 4, 1999. Residents from abutting properties submitted a petition and letters objecting to the increased number of residents so close to their homes. The Price Street residents' homes, abutting the south property line, are on lots ranging in size from 2.4 to 4.7 acres in size. The mobile home subdivision located to the west across Barefoot Williams Road and the Hitching Post RV Park to the north-northwest have much higher densities ranging from 8,0 to 12.0+ units per acre. This creates a problem for the property owners of the subject property, which is only 25.41 acres. The subject property is so small that it can not provide for a perfect transition between the higher density RV park (11.0-12.0 units/acre), the mobile home subdivision (8.0 units/acre), and the large-lot rural residential units to the south (.21 to .41 units/acre). It is probably not realistic to expect this property to develop with large lots next to the RV park, nor is it realistic to expect an RV park to be allowed next to the large-lot development. A single family home development with 4,000+ square-foot lots, such as proposed here, is a more realistic solution even if it is not a perfect solution. Another issue that was discussed at the Planning Commission meeting was the impact to drainage and the flooding of properties next door and in the area. The recent flooding of some lots and the Hitching Post RV Park is a concern, but the problems arise from homes being constructed in low areas. The RV Park was permitted thirty years ago on land that is prone to flooding during thunderstorms and it will continue to be a problem as long as the RVs are on flood prone property. The concern that the proposed PUD will add to the flooding problem is unfounded. The County requires 100 percent retention of drainage and the petitioner has assured the County that the drainage will be contained and directed to the southeast to the Lely C-4 Drainage Canal. This should ensure that impacts will be avoided and that there will be no flooding increase as a result of this rezoning. The petitioner is also required to meet all County and SWFWMD standards before any permits may be issued. Staffis of the opinion that a rezoning of the subject property to allow single family affordable housing is compatible with its surrounding environs, especially the RV park on AGENDA ITEM 1999 the north side of the subject property. Any potential incompatibility to the large-lot residential properties to the south can be mitigated by the use of a special thirty-foot setback and the proposed nine-foot wall along the south property line. Any concerns of trespassing can also be mitigated by requiting the subject PUD to provide fencing blended with landscaping along the east-northeast side of the property. Summary The requested zoning action appears to be consistent with the GMP Future Land Use Element (FLUE) Policy 5.1, which requires that all rezonings be consistent with the GMP. It is also consistent with the Future Land Use Density Rating System, which promotes affordable housing by providing a density bonus and is subject to an Affordable Housing Agreement with the County (attached). The site is an infill parcel sandwiched between higher density and lower density development making the proposed single family home development suitable for this location. As for the potential drainage problems, if any, the County and SWFWMD requirements must be met, including requirements for stormwater drainage and retention. Furthermore, traffic impacts will be minimal and no direct access will be allowed to barefoot Williams Road. PROS/CONS: Below are pro and con issues as indicated in staff's report and as discussed in the CCPC meeting. Pros (1) This petition is consistent with the locational criteria for single family development and affordable housing as it applies to the Future Land Use Map (FLUM) and the Future Land Use Element (FLUE) of the County's Growth Management Plan. (2) It is consistent with other applicable elements of the GMP. A rezoning action would not change any level of service relationship in a negative manner. The additional traffic is estimated not to exceed the significance test for traffic (5% of LOS "C"). (3) The proposed affordable housing is promoted and permitted in this area by GMP policies. It is also consistent with the Density Rating System that promotes affordable housing by providing a bonus density. (4) The petitioner is required by the County and the SWFWMD to provide 100% retention on-site and will provide outfall to the Lely C-4 Drainage Canal, so there should be no impact to any nearby property. Water and sewer are available. Drainage will be handled by the Lely C-4 canal. (5) The single family dwelling units are more preferable than multi-family units. The proposed density fits the location, which is an infill parcel due to its being surrounding by higher density development to the north-northwest, lower density development to the south, and commercial to the north-northeast. (6) The potential incompatibilities caused by this proposed PUD to the residential properties to the south, and the potential incompatibilities that may be caused to the proposed PUD by the RV park to the north, may be mitigated by the petitioners meeting all County standards as they pertain to drainage and retention. Also, a special thirty-foot setback, a nine-foot wall along the south property lines, and fencing along other property lines will help prevent trespassing onto the subject property or neighboring properties. Cons (1) An increase in density or intensity is perceived as negative by existing residents, especially along Price Street. (2) The property is so small that it can not provide for a perfect transition between the higher density RV park (11.0-12.0 units/acre) and the large-lot rural residential units to the south (.21 to .41 units/acre). It is probably not realistic to expect this property to develop with large lots next to the RV park, nor is it realistic to expect an RV park to be allowed next to the large-lot development. The proposed single family homes on 4,000+ square-foot lots is more realistic but not perfect. (3) Drainage and flooding problems in this area are regional and any new development may be perceived as a potential contributor to an existing problem. Existing development was built to less than adequate floodplain development standards causing some flooding problems, especially in the Hitching Post RV Park. Residents are fearful that new development will cause additional flooding (see Pros #4 above) even when given assurances that the proposed new development is subject to both County and water management district standards. (4) Affordable housing is perceived by some residents to cause property values to decrease, although there is no evidence that property near single family affordable housing units in the Habitat for Humanity program have ever caused any decrease in value. Indications are that it does not affect property negatively. (5) This property has an existing PUD approval for multi-family units that may be built as apartments, which could be perceived as having a negative impact on nearby properties. FISCAL IMPACT: Victoria Falls PUD will be a single family, affordable housing development. The overall fiscal impact of the proposed development should be minimal. A breakdown of the fiscal impact is given as follows: Impact Fees Park Impact Fee: Library Impact Fee: Fire Impact Fee: School Impact Fee: $578.00 per unit x 115 du's = $180.52 per unit x 115 du's = $0.15 per Sq. Ft. of bldg. area ~l,000SFx0.15xl15du's= $1,778.00 per unit x 115 du's = $ 66,470.00 20,759.80 17,250.00 92,456.00 NOV 2 3 1999 Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $1,379.00 per unit x 52 du's = $.005 per Sq. Ft. of bldg. area ~.005x1000x 115= $14.00 per unit x 115 = $0.005 per Sq. Ft. of bldg. area @.005x1000x 115= $2.00 per unit x 115 = TOTAL IMPACT FEES 158,585.00 575.00 16,010.00 575.00 230.00 $ 372,910.80 The average total size of the proposed dwelling units is 1,000 square feet. This project will provide 115 dwelling units of this size, therefore, the estimated total amount of impact fees collected at build out will total $ 372,910.80+. This is a raw estimate based on current impact fees and proposed dwelling units. The petitioner may also apply to the State Housing Initiative Program (SHIP) for a waiver of impact fees for each house built based on verifiable qualifications of each buyer. 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 valorem taxes. The amount of revenue generated by the ad valorem 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 valorem 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 of methodologies to determine all of the fiscal impacts ora 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 1999 versus an area or local determination such as for roads. The proposed Victoria Falls PUD will not cause County LOS to be exceeded. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. Affordable housing is promoted by the GMP, and is allowed in the Urban Residential Mixed Use - Urban Coastal Fringe Subdistrict. The proposed use also provides for a transitional use between more intensive and less intensive residential land uses. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's 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 SERVICES STAFF RECOMMENDATION: Staff assigned to the review of this petition has reviewed it and found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code as stated in Staff's Report to the Collier County Planning Commission on November 4, 1999; therefore, Staff recommends approval of PUD-80- 10(2), the Victoria Falls PUD Document and Master Plan. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: The EAC met on November 3, 1999, to review this petition. The EAC recommended approval of the Victoria Falls PUD with stipulations requiring minor changes to the PUD Document as stated in the report to the EAC attached to this executive summary. PLANNING COMMISSION RECOMMENDATION: At the November 4, 1999 meeting of the Collier County Planning Commission, the Planning Commission voted four to four on a motion to approve the proposed PUD-80- 10(2). A subsequent motion to approve the project at its original total of 76 dwelling units failed by a vote of five to three. The tie vote on the original motion refers the petition to the Board of County Commissioners without a recommendation from the Planning Commission. The major issue that appeared to split the vote was whether the proposed density and resulting increase in population would be compatible with the large-lot rural residential properties located to the south of the proposed PUD. The Planning Commission was divided on whether the petition should be approved at the proposed density of 4.52 units per acre. Because the County requires 100 percent retention of drainage, and requirements by both the County and SWFWMD must be met, drainage was not a major issue with most of the CCPC members. AGEN IT NOV g 3 1999 PREPARED BY: [,/ r ,. PRINCIPAL PLANNER -' DATE REVIEWED BY: RONALD F. NINO, AICP qCURRENT PLANNING MANAGER . I~ERT J. AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONSViENTAL SVCS. DATE Petition PUD-80-10(2) Victoria Falls PUD amendment. Tentatively scheduled for the November 23, 1999 BCC meeting. Memorandum AGENDA ITEM 7-D To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES SEPTEMBER 28, 1999 PETITION PUD-80-10(2), VICTORIA FALLS PUD OWNER/AGENT: Agents: Applicant/Owner: Mr. Dwight Nadeau McAnley Engineering and Design. Inc. 5435 Park Central Court Naples. Florida 34109 Samuel J. Durso, President Habitat for Humanity of Collier County. Inc. 11550 East Tamiami Trail Naples. Florida 34113 REQUESTED ACTION: This petition seeks to repeal the existing Victoria Falls PUD. approved for Residential Multi- family in 1991. and adopt a new PUD and Master Plan to provide a single-family affordable housing development. GEOGRAPHIC LOCATION: The property is located on the north side of Barefoot Williams Road, approximately 400 feet south of U.S. 41, in Section 33, Township 50 South, Range 26 East (See location map on following page). - \ PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes an amendment to the existing 25.41-acre Planned Unit Development to provide 115 single family homes for very low income families. This project is an affordable housing project located within the Urban Coastal Fringe Subdistrict and qualifies for up to 8.0 units per acre as a density bonus attributable to affordable housing in addition to the permitted base density. The base density is 4.0 units per acre in the Urban Coastal Fringe Subdistrict, but the PUD is located within a Traffic Congestion Bounda~' that reduces the density by one unit per acre. The petitioner only proposes a gross project density of 4.52 dwelling units per acre of which 1.52 dwelling units per acre are attributable to an AHDB agreement. The development plan will also include the following: 1. A 20-acre single-family residential development area (Tract "R"), including 3,500 square- foot lots. accessory buildings, model units, and utility and maintenance facilities: 2. Preservation Area (Tract "P") totaling 5.0 acres with a minimum 20 percent of the on-site native vegetation being preserved: 3. A minimum of sixty (60) percent open space: 4. Rights-of-ways: 5. Fifteen to twenty-five-foot buffers around wetlands and preservation areas and 30-foot buffer along the south property boundary: 6. Dedicated water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities per County standards, and: 7. Recreational uses such as hiking trails, boardwalks, shelters, children's playlot, and/or other recreational facilities. 8. Deceleration lane. The proposed PUD will increase the currently approved 76 dwelling units by 39 dwelling units tbr a total of I 15 units and an increase of density from 3 units per acre to 4.52 units per acre. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "PUD" Planned Unit Development. Surrounding: North/East - Undeveloped commercial zoned C-3 and a Recreational Vehicle Park zoned TTRVC (14+ units per acre). South - Low Density Residential and Undeveloped Agricultural Lots (2.4 to 4.7- acre lots). West - Mobile Home Park GROWTH MANAGEMENT pLAN CONSISTENCY: The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP Land Use Element and Density - The subject parcel is zoned PUD and is located within the Urban Mixed Use - Urban Coastal Fringe Subdistrict on the Future Land Use Map of the GMP. The Urban Coastal Fringe Subdistrict is a transitional area providing transitional densities between the Urban Designated Area and the Conservation Designated Area. It allows a variety of residential uses, including single-family, multi-family, duplex, mobile home. and mixed-use development, but all rezones must be in the form ora PUD. The Urban Coastal Fringe Subdistrict permits a base density of up to 4.0 dwelling units per acre and a bonus is given for affordable housing when a proposed development meets the criteria of the Future Land Use Density Rating System and Section 2.7.7 of the Land Development Code. The density calculation for Victoria Falls PUD is as follows: Affordable Housing Bonus Density Very Low Household Income per 3 or more bedrooms (Table A) = AHDB Rating of 5 AHDB Rating of 5 with 40% or more affordable housing units (Table B) = 8.0 du/acre Bonus Density = 8.0 du/acre x 25.41 acres = 203.28 du's Base Density = 3.0 (4.0- 1.0') du/acre x 25.41 acres = 76.23 du's Total Allowable Dxvelling Units = 270.51 du's Total Allowable Density = 279.51 du/25.41 acres = 11 du/acre **PROPOSED DENSITY = 115 du/25.41 acres = 4.52 du/acre * The Traffic Congestion Boundary reduces the base density by 1.0 dwelling unit The requested density is consistent with the provisions of the Aftbrdable Housing Density Rating System provided the density is otherwise deemed compatible by Staff's analysis (Attachments "A" and "B"). Staff's analysis indicates that the proposed density is compatible with approved development nearby such as the TTRVC Park and the mobile home park. Staff has also determined that the proposed PUD is consistent with the Future Land Use and Housing Elements of the GMP (see Analysis and Findings). The applicant could develop this land at 3.0 dwelling units per acre under the same scheme. Furthermore. the existing multi-family residential PUD was found consistent with the GMP. Traffic Circulation Element - The Traffic Impact Statement estimates that the additional 90 SF units will generate about 372 Weekday Trips above what is currently approved. The difference between the proposed site-generated traffic and the currently approved site-generated traffic will not exceed the significance test standard (5% of the LOS 'C" design volume) on any state or local road. Therefore, the project is deemed to be consistent with Policies 1.3, 1.4. 5.1 and 5.2 of the Traffic Circulation Element (TCE). Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and preserve areas, and other open space totaling 60 percent of the AGENDA ITE. M ~0V ? 3 l~39 development. This includes 5.0 acres of preservation area. 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. Proposed development located in the Urban Coastal Fringe Subdistrict is fully responsible for all necessary water management improvements, including routing of on-site and appropriate off-site water, and a fair- share cost of necessaD' improvements to the Lely Canal/out-fall system. 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 Count>' 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: Staff's analy'sis 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 appropriate staff responsible has reviewed the subject petition tbr 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 also reviewed by the Environmental Advisor>' Committee (EAC) and was recommended with minor stipulations that will be incorporated into the PUD 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 fox' 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 completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit 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 Nuv ~. 3 1S99 ¥ 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 infrastructure, other infrastructure, 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 Existin_~ 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 Coastal Fringe Subdistrict as identified on the Future Land Use Map of the GMP. The applicant proposes an affordable housing project that qualifies for a bonus density of up to 8.0 dwelling units per acre. The proposed PUD is bordered by Commercial properties along the north boundary between the subject property and U.S. 41. The land to the south of the proposed PUD is residential and undeveloped agricultural land with large lots ranging from 2.4 acre to 4.74-acre lots. Those properties will be separated by a 30-foot buffer area and an eight to nine-foot-high wall. which will minimize any potential land use incompatibility. Barefoot Williams Road, a private road, borders the south boundary of the subject property, and a mobile home park is located across that road. A TTRVC park is located to the west across the proposed access road. There are some residential PUDs located in the surrounding area, as well. The nearby and adjacent development are considered compatible with the proposed PUD. The commercial properties abutting the north side of the subject property will have access from U.S. 41 and will not make a major impact on the development of this project. Theretbre, StaWs analysis shows that the proposed PUD is compatible with existing and proposed development in the area. Traffic - The primary vehicular access point will be t¥om U.S. 41 via a 60-foot access easement located between Barefoot Williams Road and U.S. 41. A 24-thor roadxvav will be constructed to County standards within the existing access easement that runs along the project's north/northwest property boundary to the Right-of-Way of U.S. 41 approximately 600 feet. The access road should operate with an acceptable level of safety and is subject to the County's Access Management Plan. The increased traffic impact from this and other development along U.S. 4.1 should not adversely affect the level of service (LOS). which should remain at an acceptable standard at the build out of this project. No other impacts or traffic conflicts between this proposed PUD and existing or proposed nearby developments are apparent. Therefore, the proposed PUD should not affect land use negatively. 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. Water management facilities will be constructed to meet requirements of County Ordinances and these will be reviewed and appro','ed as a prerequisite to obtaining subsequent development order approvals. The above-prescribed course of action should insure that this petition is consistent with the GMP. AGENDA I'1' E~ Community Infrastructure and Services - The subject property has convenient access to a wide range of community infrastructure along U.S. 41 including an activity center at U.S. 41 and C.R. 951, which contain retail shopping and business offices all within a short driving distance. Police, fire and emergency services can be readily provided from the appropriate facilities located nearby. The Eagle Lakes Community Park is being constructed on the north side of U.S. 41. just west of the proposed project entrance. Educational facilities are also located within a short driving distance. PUD Document and Master Plan - The PUD document is modeled after 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 make provision 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 paved access to this PUD. It will also include a common area. trails, and access to the preservation areas for recreational use by residents. Interconnections to future abutting development will also be available if necessary. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-80- 10(2), the Victoria Falls PUD Document and Master Plan, to the Board of County Commissioners. 1999 PREPARED BY: DONALD J. MURRAY, AICP, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVI~,~WED BY: ReS)qALD F. NINO, AICP, MANAGER CURRENT PLANNING SECTION DATE DATE ROBERT 9'. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for November 4, 1999 CCPC meeting. Note: This petition is tentatively scheduled for the November 23, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON PUD-80-10(2) VICTORIA FALLS PUD/STAFF REPORT/DJM ;'A !TEJ~ i ' "3 Ig99 FINDINGS FOR PUD PUD-80-10(2) 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: 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) Intensifying land development pattems produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of arterial roads, all within the urbanized area, facilitating access to a variety of community services and facilities. (iv) The proposed PUD is located in an area that is developing with residential uses and is near to an activity center at C.R. 951 and U.S. 41. The rest of the area within a mile is undeveloped. The area appears to be well-suited for this type of development. Con: (i) Loss of travel time for users of the same arterial road network. (ii) 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. 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 will 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. Exhibit "A" NOV 2 3 199S Adequacy of evidence of unified control and suitability, of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findin£: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformit3' 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 the goals, objectives and policies of the Growth Management Plan, including objectives to provide affordable housing. 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 Coastal Fringe Subdistrict on the Future Land Use Map of the GMP. This area is limited to a base density of 3.0 dwelling units per acre because it is within a Traffic Congestion Boundary, which subtracts 1.0 unit per acre from the normal base density of 4.0 units per acre. Additionally, the Affordable Housing Density Rating System allows for up to 8.0 dwelling units per acre more when providing 40 percent or more of a development's housing containing three or more bedrooms for persons with very low income. This meets Objective 1 of the Housing Element of the GMP. The Urban Residential Fringe Subdistrict allows all residential structure types and other uses normally found in a residential environment, such as recreational use. The applicant's proposed density is 4.52 dwelling units per acre of which 1.52 units per acre are attributable to an AHDB agreement. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that the petition is consistent with the policies of the TCE, including Policies 1.3, 1.4, 5.1 and 5.2. Recreation and Open Space - The proposed PUD provides approximately 60 percent of the project as open space, which will include a preservation area, which may be utilized for boardwalks and walking paths. The original PUD provided a 3/4 acre children's play lot, but it is deleted from the proposed amendment to the PUD. The reasoning is that a new County park, the Eagle Lakes Community Park, is being constructed nearby, which would compensate for their deletion. Staff's review indicates that the petition has been designed to be consistent with the GMP. The internal and external compatibili~' of proposed uses, which conditions ma)' include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to minimize internal land use conflicts through open space separation thereby protecting sensitive areas and buffering residences internally. Con: None. 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. 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 the provisions of the Land Development Code. 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. A C_~T_I,~D A iT o Summary Findine: Timing or sequence of development in light of concurrency requirements is not a significant problem (see Staff's Report). Adequate improvements, utilities and other facilities can be provided. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Findine: 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 to the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 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: The proposed PUD Document and Master Plan are designed for affordable housing. Con: None. Summary 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 the particular housing structures and associated requirements. FINDINGS FOR PUD-80-10(2)/DJM REZONE FINDINGS PETITION PUD-80-10(2) 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: 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 Summam' Findings: The PUD amendment as proposed is in compliance with the Future Land Use Element of the Growlh Management Plan (GMP) and helps to meet Objective 1 of the Housing Element of the GMP. Furthermore, the County Comprehensive Planning Section has determined that affordable housing bonuses are allowed within the Urban Coastal Fringe Subdistrict of the GMP Future Land Use Map. 2. The existing land use pattern; Pro: The proposed single-family residential development is compatible with nearby residential and non-residential development. The project will be buffered by C-3 Commercial development to the north, and a TTRVC and a mobile home park to the west and northwest. The abutting property to the south is rural residential and undeveloped agriculture land with lots ranging from 2.4 to 4.74-acre lots. Those properties will be separated by a 30-foot buffer area and an eight to nine-foot-high wall, which will minimize any potential land use incompatibility. Con: None Summar)T Findines: The proposed PUD was originally approved as a multi-family PUD and was deemed compatible with existing surrounding development. The proposed amendment to change the multi-family to single-family development, and Exhibit "B' AGEN~JA !TF_J~4 o the increase in density, should still be compatible with surrounding uses and should fit with the existing land use pattern, which is a mix of non-residential, mobile home. and RV development. The parcel is also of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is consistent with expected land uses by virtue of its location within the Urban Coastal Fringe Subdistrict on the Future Land Use Map. Other PUDs located to the north and south of the proposed PUD are of compatible design and density. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: Approval of this PUD amendment will not create an unrelated zoning district. Furthermore, affordable housing is promoted by County policy. Con: Evaluation not applicable. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Affordable housing is promoted by County policies and Land Development Code (LDC) provisions. 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 they are consistent with the FLUM of the GMP. Con: None. Summary Findings: Nearby Lands are zoned for PUDs and a mobile home district and contain compatible residential development and densities fbr most of the area. The subject PUD is also located next to a C-3 Commercial District and will provide buffering between future commercial and existing and future residential development. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The area is changing to a mixed residential/non-residential area containing conventional housing, RVs, and mobile homes, and will have future commercial along U.S. 41. Therefore, the proposed zoning change is appropriate based on the existing conditions of the property, and surrounding properties, and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. 2 iTEM Con: None. Summary Findings: The proposed zoning change is consistent with the Growth Management Plan, and is appropriate based on changing conditions surrounding the property. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: fi) The proposed PUD should have a positive influence on development and character of the area. (ii) The proposed single-family housing adds balance to the housing mix of the area and provides an alternative choice to existing housing choices and lifestyles. It also provides a logical transition between the higher density TTRVC. mobile homes, and future non-residential development located to the north and west. and the lower intensity residential and future residential properties located to the south. Con: (i) None. Summary Findings: The proposed PUD amendment will not adversely influence living conditions in the neighborhood if the recommended development standards and other conditions are approved to ensure the least amount of adverse impact on adjacent and nearby developments. The site also provides some transition between more intensive nonresidential, inobile home. and RV development to the west and north and the less intensive agriculture and single-family homes to the south of the subject PUD. 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 B'pes of vehicular traffic, including activity, during construction phases of the development, or otherwise affect public safeD'. 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 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. o 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 run, construction traffic 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.) by the County and the FDOT. In the final analysis, all rezone actions are subject to the Concurrency Management System. 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 supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) None Summary_ Findings: Every project approved in Collier Count3' involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surthce drainage generated by dexelopmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet Count>,' standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro:The proposed PUD amendment will conform to County standards and requirements in the 'PUD Document which will ensure adequate light and air will be available. The overall development standards are compatible with the standards listed for similar residential districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. 4 10. 11. 12. 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.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 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. It is likely that this development will have a positive influence on property values in this area. Con: Sometimes. urban intensification is perceived as having a negative impact on neighboring property values. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject properly 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 lax,,, is driven by market value. The mere fact that a property is given a new zoning designation max 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. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: The proposed PUD amendment will likely have a positive influence toward promoting development of adjacent properties. Summam' Findings: 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. ' 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. 13. 14. 15. Summary Findings: The proposed PUD amendment 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. such as the promotion of affordable housing as is the case here. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summam' 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 as contained in the Growth Management Plan. It would also prevent the dex e lopment of affordable housing units that are allowed by policy. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project complies with the GMP and helps the County to meet stated measurable goals promoting affordable housing. Within a policy context whereby afibrdable housing is promoted, the proposed PUD is not out of scale with the surrounding neighborhood. Con: None Summary' Findings: The proposed PUD will not be out of scale with the needs of the neighborhood if density is limited to the proposed 4.52 dwelling units per acre. Furthermore, aflbrdable housing is allowed in this district and Count.,,, policy promotes aftbrdable housing by granting a bonus density, in addition to the permitted base density. Whether it is impossible to find other adequate sites in thc County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summa~' Findings: There are few sites that are zoned to accommodate the proposed development, but this is not usually 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 16. 17. timing of the action and all of the above criteria. Furthermore. the County has adopted policies which allow it in most districts and which give bonus densities to encourage it. The physical characteristics of the properD' 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 extent of site alteration will be determined as a function of obtaining a Site Development Plan approval that will further define the PUD. The impact of development on the availabiliD? of adequate public facilities and services consistent with the levels of ser~'ice 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. Summam' Findings: 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. RIiZON 1:' FINI)IN(iS; Pt ~I)-80- I 0(2 )/I)JM kGE_NDA ~, ~ Item IV.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 3, 1999 Il. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-80- 10 (2) Victoria Falls PUD Habitat for Humanity, of Collier County, Inc. McAnly Engineering and Design, Inc. Butler Environmental, Inc. LOCATION: The subject propert~ is located on the north side of Barefoot Williams Road, approximately 400 feet south of US 41 and immediately south of the Hitching Post RV Resort within Section 33, Township 50 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: The subject property, is surrounded bv undeveloped commercial property, to the north and east, residential single family homes to the south and west and mobile homes/trailer parks to the north and west. ZONING DESCRIPTION N- C-3 Undeveloped Commercial Hitching Post Travel Trailer Park Agriculture Scattered siagle family residential and Undeveloped AGENxD_~ NOv 2 3 999 EAC Meeting .......................................................................................... November 3. 1999 "PL'D-80-10(2)" Page 2 of 5 E - C-3 Undeveloped Road ROW Single Familv Barefoot Williams Rd Single family residential Agriculture Undeveloped IV. PROJECT DESCRIPTION: The petitioner proposes to amend the 25.41 acre Victoria Falls PUD that was approved on September 16, 1999 and which permitted 76 multi-family condominiums at a densirv of 2.99 umts per acre. The amendment to the PUD proposes the lbllowing revisions: 1) Provide 100-percent affordable, very low income, housing umts: 2) Increase the number of dwelling units fi-om 76 to 115 for a gross densitv of 4.52 dwelling units per acre: 3) Provide a 5.0 acre preserve area and 12.0 acres of open space (60 percent); 4) Retain 6.35 acres or 25 percent functioning native vegetation on site: 5) Provide fill storage areas on site; 6) Provide single-family homes with a minimum 1,000 square feet of living area on 3,500 square-foot lots; and 7) Provide related facilities, utilities, accessory structures, and recreation uses, including trails, boardwalks, etc. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is zoned PLrD and is located in the Urban Coastal Fringe Subdisrnct of the Future Land Use Map of the Growth Management Plan. The Urban Coastal Fringe Subdismct provides for transitional densities between Conservation Districts and the Urban Designated Area. Residential densities are limited to no more than 4.0 dwelling umts per gross acre in this subdistrict in order to protect adjacent environmentally sensitive areas and to facilitate hurricane evacuation. Rezones are required to be as PI/Ds. This site is also within the Traffic Congestion Boundary which reduces the number of allowable dwelling units by 1.0 per gross acre. Therefore, the allowable base density is 3.0 dwelling units per acre, and the density, bonus for affordable housing would allow up to 8.0 dwelling umts in addition to the base density. This PUD was reviewed and approved in i999, and was found to be consistent with the Collier County Growth Management Plan Policies and Objectives. Therefore, if approved, this PUD will be consistent with the GMP. AGE t NOV g 3 1999 EAC Meeting .......................................................................................... November 3. 1999 "PLq3-80-10(2Y' Page 3 of 5 MAJOR ISSUES: Water Management: The project has about 6.8 acres of impervious area out of 25.41 acres total area. The water management system consists of approximately 12 acres of open space, which receives the runoff from the impervious areas. The runoff gathers in the detention areas until it overflows into the 5 acres of wetland and upland preserves. The project outfall at the southeast comer discharges at a rate fixed by ordinance 90-I0 into an existing ditch which connects to the Lely C-4 Canal. Because of the wetland impacts, the South Florida Water Management District will permit the surface water management aspects of this project. Environmental: Site Description: Vegetative mapping of the property, was conducted by the petitioner by using 1"=200' scale aerial photographs and ground truthing in January. 1999. Habitats found on site include hydric pine flatwoods (6.6 acres), cypress/pine (7.10 acresL pine/mesic oak (8.3 acres), oak hammock (1.72 acres) and saw palrneno prairie (1.41 acres). According to the Collier County, Soils Map, two soil ,types are found on the property: Oldsmar fine sand, limestone substratum (Unit I0), and Hallandale and Boca fine sand (slougJa) (Unit 49). Soil Map Unit 49 are [isted as hvdric soils bv the Natural Resource Conservation Service office. A detailed description of each of these soil ,types ~s provided in the EIS. According to the EIS, the average existing ground elevation for the site is approximately 5.0 feet NGVD. The seasonal high water level for the property was estimated to be approximately 5.6 feet NGVD. Wetlands: There are approximately 13.7 acres of jurisdictional wetlands on site. The majority of the wetlands consists of a cypress/pine canopy with varying degrees of exotic infestation; upwards of 80% in certain areas. Lichen lines, water marks and adventitious roots were used to determine that the seasonal high water levels on this parcel are approximately 10 inches above natural ground. The site had standing water on it the day staff conducted their site visits. The project proposes 1999 EAC Meetme .......................................................................................... November 3. 1999 "PU'D-80-10(2)" Page 4 of 5 to improve the hydropenod within the xvetland preserve area bv discharging pre- treated storm water nm off into these areas. Preservation Requirements: In accordance with section 3.9.5.5.4 of the Collier County Land Development Code, this project is required to preserve 25 percent of the native vegetation on- site. As proposed the project is identifying a 5 acre preserve and committing to an additional 1.35 acres to fulfill the preservation requirement. Listed Species: A listed plant and animal species survey was conducted July 25 through July 30, 1999 to determine whether the site was being utilized by state or federally listed species. Thirty-five hours were spent on the property, sm'eying tbr protected species. A total of sixty-one hours were spent on site in a combination of habitat identification and species surveys. No protected species were observed utilizing the parcel. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-80-10 (2) "Victoria Falls PUrl)'' with the following stipulations: Water Manal~ement: I. The petitioner is required to obtain a SF~,2MD Surface Water Management permit prior to the approval of any construction drawings by Collier County.. Environmental: Add the following language to Section 5.8 of the PUD document, under G. "Pursuant to Section 3.9,5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained (a minimum of 6.35 acres/. The Preserve Tract has been designated to preserve 5 acres; the remaining 1.35 acres shall be identified at the time of the first development order submittal". Revise the language under Section 2.9 of the PUD as follows: "Fill storage is generally permined...for residential development. Prior to stockpiling in these locations, a !e~er :fNct!fieat!on an application for ctearin~ and filling in accordance with CCLDC Section 3.2.8.3.6, along with plans showing the locations and cross-sections..." i .:GE?~ ~_, J N0¥231999 PREPARED BY: DATE BAKBAKA S. BUKGESON SENIOK ENVIRONMENTAL SPECIALIST REVIEWED BY: PRINCIPAL PLANNER G UCK, P.E. . REVIEW MANAGER CUKKENT PLUG ~AG~ EAC Staff Report/PUD-80-10 (2) DATE NOV 2 2 1999 PETITION NUMBER PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES r.~...---..~ ............. Name of Applicant(s) Habitat for. Humanity of Collier County, Inc. Applicant's Mailing Address 11550 East Tamiami Trail City Naples State Florida Zip 34113 Applicant's Telephone Number: Res.: N/A Bus.: 775-0036 is the applicant the owner of the subject property? Yes X No (a) If applicant is a land trust, so indicate and name beneficiaries below. X (b) If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. (c} If applicant is a partnership, limited partnership or other business, 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 owners if not indicated on the lease. X (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. The property is owned by Roger'Caravallo and John' Gobei! Name of Agent Agents Mailing Address City Naples Telephone Number: Res: McAnly Engineering and Design,. Inc. 5435 Park Central Court State Florida N/A Bus.: Zip 34109 593-3299 PUD ORDINANCE NAME AND NUMBER: Victoria Falls PUD Ordinance No. 91-86 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 five {5) copies of survey (I" 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 33 TOWNSHIP 51 South RANGE 26 East A PARCEL OF LAND LYING WITHIN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID SECTION 33, BEAR NORTH 89°53'49'' WEST ALONG THE SOUTHERLY LINES OF SAID SECTION A DISTANCE OF 906.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89053'49" WEST ALONG SAID SECTION LINE A DISTANCE OF 1720.16 FEET TO THE SOUTHWESTERLY CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89°59'22'' WEST ALONG SAID SECTION LINE A DISTANCE OF 94.58 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF BAREFOOT WILLIAMS ROAD, HAVING A 60 FOOT RIGHT-OF-WAY AS IT PRESENTLY EXISTS; THENCE NORTH 9°03'22'' WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 158.91 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 760.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROU~ · CENTRAL ANGLE OF 28°28' 07", A DISTANCE OF 377.62 FEET T~ SOUTHEASTERLY RIGHT-OF-WAY LINE OF A PROPOSED 60 ~ET~WI~~ ROAD, AND TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 52°28'31'' EAST ALONG SAID SOUTHEASTERLY RIGHT- OF-WAY LINE A DISTANCE OF 207.99 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1030.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°53'32", A DISTANCE OF 303.67 FEET TO A POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 35o34'59'' EAST, A DISTANCE OF 248.79 FEET; THENCE SOUTH 54°25'01'' EAST, PARALLEL WITH AND 400 FEET FROM THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. 41 AS IT PRESENTLY EXISTS, AND A DISTANCE OF 1804.32 FEET TO THE POINT OF BEGINNING. CONTAINING 25.41 ACRES, MORE OR LESS. BEARINGS AS MENTIONED HEREIN ARE BASED OF THE BOUNDARY MAP PREPARED BY TRI-COUNTY ENGINEERING, INC., DRAWING NO. C- 1439-1 AND DO NOT REFER TO TRUE MERIDIAN. Address or location of subject property: property is located on the north side The subj eot of Barefoot Williams Road, approximately 400 feet south of US-41. Does property owner own contiguous property subject property? If so, give complete description of entire contiguous property. (If inadequate, attach on separate page). No to the legal space is TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: X Yes 10. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN LAST YEAR? IF SO IN WHOSE NAME? No THE PETITION #: DATE: HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE THERE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. X No. IF YES, DESCRIBE: ( A~TA~.~. ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT I, Samuel J. Durso, being first duly sworn, depose and say that I am President of Habitat for Humanity of Collier County, Inc., who is contract purchaser of the property, Victoria Falls PUD, described herein and which is the subject matter of the proposed hearing; that all 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 as evidenced by the attached Agent Letter. See Agen% Letter (attached) SIGNATURE OF OWNER SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~day of [~z~ , 1999, by Dwight Nadeau, Planning Director of McAnly E~gineering and Design, Inc. consulting firm acting as agent for Habitat for Humanity of Collier County, Inc. He is personally known to me and did not take an oath. L~nda K. McMonigle d NOTARY PUBLIC Commission %:547897 My Commission Expires: ll 1 I I August 5, 1999 RECEIVED McAnly Engineering and Design, Inc. OFFICERS ~amue: J D,.,r$o M D ~E~DENT 5435 Park Central Court Naples, Florida 34109 To Whom It May Concern: MEANLY EN 'C-CNEERING AND DESIGN, INC. Wes;e¥ Blackwe{l vice PqESIDENT ~oberl E Cahga vICE ~ESiDENT %A~LES OPE ~ATIONS W,IhamH Ramsay VICE P=ESiDENT ma B · 'CE ~qESIDENT :eter A SChw~ers D2n C. Leto C~ar;es C Dc~ as ~ Please be advised that authorization is hereby given to the firm of McAnly Engineering and Design, Inc. to act as agent for Habitat for Humanity of Collier County, Inc., in all actions relating to the permitting of a residential development on the following described lands: A parcel of land lying within Section 33, Township 50 South, Range 26 East. Collier County, Florida, being more specifically described as follows: From the Southeast comer of said Section 33, bear North 89° 53'49" West along the Southerly lines of said Section a distance of 906.52 feet to the Point of Beginning. Thence continue North 89° 53'49" West along said Section line a distance of 1720.16 feet to the Southwesterly comer of the Southeast Quarter of said Section: DIRECTORS A,an L Eerc~mann Kate- Blac ~,,ell Ma"y A"r~ DursO m_ O'z. as P~Dward =e~d C ~ c~mon~ Ailan ~udell EdmunC H Sorenson Frederick ~ Sc~ultz Fred N Thomas, Jr. George E. Wamsco~ Duane Wheeler Thence North 89° 59'22" West along said Section line a distance of 94.58 feet to the Easterly Right-of-Way line of Barefoot Williams Road. having a 60 foot Right-of-Way as it presently exists; Thence North 9° 03'22" West along said Easterly Right-of-Way line a distance of 158.91 feet to a Point of Curvature of a circular curve concave to the West having a radius of 760.00 feet; Thence Northerly along the arc of said curve through a central angle of 28°28 07", a distance of 377.62 feet to the Southeasterly Right-of Way line of a proposed 60 feet wide road, and to the Point of Tangency of said curve; Thence North 52° 28'31" East along said Southeasterly Right-of-Way line a distance of 207.99 feet to a Point of Curvature of a circular curve concave to the Northwest having a radius of 1030.00 feet; MAIN OFFICE: 11550 Tamiami Trail East · Naples, Florida 34113 · (941) 775-0036 · Fax (941) 775- IMMOKALEE SATELLITE OFFICE: 640 North Ninth Street · Immokalee, Florida 34142 · (941) 657-4466 · Fax NOV 2 3 tg~9 Page Two of Two McAnly Engineering and Design, Inc. Thence Northeasterly along the arc of said curve through a central angle of 16° 53'32", a distance of 303.67 feet to a Point of Tangency of said curve; Thence North 35° 34'59" East, a distance of 248.79 feet; Thence Somh 54° 25'01" East, parallel with and 400 feet from the Somheasterly Right-of-Way line of U.S. 41 as it presemly exists, and a distance of 1804.32 feet to the Point of Beginning. Containing 25.41 acres, more or less. Bearing as mentioned herein are based of the Boundary Map prepared by Tri-County Engineering, Inc., Drawing No. C-1439-1 and do not refer to true meridian. Habitat for Humanity of Collier County, Inc. STATE OF FLORIDA COUNTY OF COLLIER .~he fore_~ing instrument was acknowledged before me this ._~ day of lk~ , 1999, by Samuel J. Durso, on behalf of Habitat for Humanity of Coll/e,/County, Inc., who is personally known to me, and who did not take an oath. NOTARY PUBLIC Commission Number: C.~--. Witne~. my hand and seal t is aay or_ a2 999. NOV 2 3 1-2: AGREEM2ENT FOR PURCItASE AND SA!,E This Agreement for Purr,__har. e and Sale C'Agrecm~mt") is made and entered into a.s of the Effective Dale (defined here. in) by and I>~w~ HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., 11550 East Tamismi Trail, Naples, Florida 34113 ("Purchaser'9; GI.ENN TALBOT, GOBEH, GROUP and ROGER CARVALLO, in car~ of Sun Real Estate of Naples, lz~c., Suite B, 1.0102 Court Plaza, 2661 Airport Pulling Road South, Naples, Florida 34112 (collectively mf_~rred m a.s "Seller") and MICHAEL J. VOLPE, ESQUIRE, LAW OFFIC~'-q OF MICHAEL J. VOLPE, J.D., solely m its c. a0aciry as E,scrowee (herdna~r dasvri~ and defined). RECITALS: A. Sollor Es tho foe ~imple owner of the Proparty (herdnaflcr defined). Bo Seller desire~ to ~ell, and Purchaser desir~ ~n purchx~ the Property in accordance with and subject to tho tcma$ ~md conditions herdnefl~ sot forth. AGREEMENT NOW, TI-I'~P-.EFOR.E, iu con.qidemtion of the prca:fis~ the represa-,t,tir, ns. warranties, agreement, covenants and conditions herein contained, and other good and valuable considcxation, thc receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser agree as folJow$: ARTICI .i,; 1 Definitions 1.1 Cc. rtaln Definitions. When used herein, the following terms shall have the respective get £orth below: Approva/ Contingencies: Az defined in Section 11.1(b). Authorities: As defined in Section 11.1Co). Closing: The cons,ruination of the pm'chase and sale corrt~mplated by this Agreement by the deliveric~ required by Article 13. Closing Date: Covcnfl.llt:$: The date of Clo~inp. which shall be thirty (30)/him following expiration of all of the Approval Contingencies Period. As defined in Section 7.5 hr,,eh. County: Coll/er County. Curative Period: As defined in Section 5.1. Demand: Deposit: A~ defined ia Section 3,1 (b). The camezt money dqx)siu(s) th~ made Put3uant to Scx.-tioa 3.1 he. ac. of ~ The daIe tt~ lhe last on~ of Sell~ and Purd~sser has executed this ~ent, witlio~ moaificatiori from the form of this exoc~od by the other, or if'modific:afio~ ar~ made to this AD'ecment, after its exec,~ion by the ~ of Seller m~I Pu~h~e.r, the dale mod~c,~tiom~ ~'~ consented to by ~e other party as evideneaxt by th~ ac~::p6n~ p~n'ty initis~ing SUC, b mod~c,~ion-q. Mict l J. Yelps, F uire Law Offices of Mie, hae, l $. Volpe, $.D. 1400 Outf Shore Boulevard North, Suite 218 Naples, Florida 34102 (94 t) 430-7070 (taleghtme) (941) 430-97S5 (t¢lcfax) Approval Contingency Period: l.,spection Period: The Ix~iod ending al $:00 p.m. ~stcrn Standard Time on ~e one hundred md fd'de~ (l$0th) dsy followi~ the Pfi'eclive Date, tmless extended pm'sua~t to Subse~ion 1 IA(b) below. TM I~iod during which Pu~haser shall have ~ ~t ~ ~figate ~e ~ ~ p~d~ m s~ ll.l(a) ~nning on ~ gff~ve D~ ~d ~g at 5:~ p~ ~ S~ T~ on ~ o~ h~ ~ (15~) ~y fo~o~ ~e B~ve D~. Int~aded Dcvelopm~i: ~Purchasers' intended use and development of the Property as desen'bed in Article 14. Permitl~! Title Exceptions: Title and sm'vey m. axlets which Pu~has~ approv~ or is d~xne~cl to have approved pumnnt to Section 5.1. ProperW: The l~d located iv. Callier Cormty, Florida md legally de~ribed and ~hown ge:t~-ally on Exhibit "A", ~oge~%r with ~1i privileges, fights, easetllents, hete~tamealtg~ arid appurtenances belon~ng to or benefiting Survey: The survey of the Property obtained by lh.trchaser and provided to Putcha~r as provided i~ Article 4. Survey Objections: As ~ i~ Artiole 4. Title Commltmemt: Title Insurer: TttleObjectio~: Title Policy: As defined in Section 5.1. Law Offices of Michael I. V°ll~, LDJAttomeys' 'title Insurancc Fund, Iuc. or Commonwcalth Land Title ~ Compawy As d~tmed in Section 5, I and which shall include all Survey Objections as provided for in Article 4. As defined in Sm~i~ 5.1. Page 2 of I6 ARTICLE 2 purch~e ~md Snle Subjcct to thc conditions and on the Wrrns cont.lned in ~_hlt Agreement, Pttml-mscr agrces to purch,xse and acquire fi-om Seller, and Seller agrees to sell and transfer to Purchaser fc~ slmplc title to thc Propc, ny subject only to thc Permitied Title Exceptions. Except as spemifically and oxpressly provided horein, Pumhaser shall not assume or become obligated with respect to ~ny obligation of Seller. ARTICLE 3 Deposit end Pl~rcb~se P~iee 3.1 Deposit. ?ureJ~_~r shall pay a Deposit as follow~: (a) The Purchas~ shall de, Liver an initial deposit to Escrowee in tho amount of~ ~and DO(~ ?~Y ex~mted orig4n~! of this Agreement. Co) Upon the expir"~ion of the Approval Contingency Period or any extenston of tha.t t~o& the Purchaser shall deliver an add/fional deposit to the Escrowc~ in the amount of (c) The Deposits shall be paid tn Seller ~ the Clos/ng and applied or credited ag~finst the Purchase Pr'ic~ as provided in Section 3.2 unless ofl~e~r/se refi~rvl~l, paid over, or disbursed as ex-pressly provided in this Agreement- The Es, crowee shall promptly (afl. cr its rect:ipt of a P,.e~cst for Taxpay~ Identification Number and Certific~on ('Form W-9) completed ~ttd executed by Purch~ - ne farm of which is am~chod hereto as Exhibit 'B") invest the Deposit, to thc ext6~t received, in a f tcr y urccl m ncy- ere. row ount estat, FLORIDA N.A-, or with another federally insured banking mst~tuuon 3.2 Pu ~se Pflce. Thc Purchase Price. ~ be .... an ~/f/? 00;i00 [~ DOL~, plux or minus proton, ohS, payable as hereinafter provided. (a) The Deposit ~)~alt be apphed ~ga/nst thc Purchase Price on the Closing Dale. (b) PurcJ~aser's obhgations arc contingcm upou SelI~ granting Purchaser ~ Purchase Money Note and Mort ~ under thc following cconomic and payment terms: 'Phc original principal amotmt shall be and 00/100 DOLLARS) with an annuaJ intnrest rotc of cight ~ percent. ~4th intcrcst only pays q~ with a final balloon payment in thc full amount of the .npaid principal balance together with thc [utc'rest accrued thereon due ~d payable fifteen (l$) months from thc closing dale. (c) On the Closing Date., Purchaser sluall pay the balance of thc Pun::hase Price to thc ~---~'----Titlc Insurer, plus or minus prorations, as hereinafter provided. ARTICLE 4 Survey Within th~ Inspection Period, Purchaser, al Purchasegs expense, shall have the Property surveye~ by a surveyor hc, cn.se, xl in ~h¢ St~ of Florida.. Lyon Pure. hx~cr's receipt of the Titlc Commitment, thc Survey ~hall be revised by Seller to show any easements or other matters hsted as cxcepfions therein. If ~ow~ any eaxcrow.,hments on. to thc Property from any adjacent property, any the Survey, as so revised, · cncroaehmonts by or fi'om the Prupetay onto any adjar.,em pr .oper?y, ,. any .,epcr~ae, la~m~_~.,-,m~t~OT~Yc Page 3 o£16 -- ~;:,"!..V' 2 ,':1 I%oq CommiUnent, the location of any easements that would interfcr~ with P~u~haser's Intended Development of the Property, ~ any other mat~e~m objectionable to Purcl~ in its sole diacretion (collectively, "Survey Ob'ections"),~ Pur~cr ..... may during the Inspection Period (or ten [10] days after delivery of the revised Survcy to Purch~cr, whichever ~ later), furnish SeUcr vath a wntten statement of such Survey Objccfiorm. ShouSd Pumhascr f~dl to notify Seller of any Survey Objcc~iom appeah~ on said Survey within the Inspection Period, Pumhaser dxall be deemed to have wa/ved such Survey Objections; provided that Purchaser shall have the right to have reich Surv.~ utadated prior to the Closing D'atc and to give Seller written notice of any Survey Objections appearing tn ~eh updated Smwey. Survey Objections of which the Seller has received written notice as provided herein shall constitute Title Object/oils and shall be subject to the terms of Section 52. ARTICa.~. 5 Title Cp.,remitment ~nd Searches 5.1 Title Comm.im~ent and Title Ob_iectionl. Within tm (10) days following the expiration of thc ~proval of' the Co~tln~ency Period, Seller ~h~ll obtain et Seller's expense, an ALTA (Form B) owner's marketability title instance commitmealt (the "Title Commitment") for issuance of au ALTA. (Form B) owner's marketability title insurance pol/cy in;u~ing Pu.,'ch~; rifle to the Property Jn t~ full amotmt of the Purchase Price. Purchaser shall have until thc end of the h,,spection Period tn approve or disapprove all title exceptions dxown on the Title Cornmitmeat~ fflleh approval or disapproval to be withiu PurcAms~s sole ~on. If?urchar. er ~ to disapprove such item, provided, however, that Purchaser shall have the cont~nin£ right tn give Seller written not/ce of any ~dd/tional matter~ appea6,~e in any subsequent endor~ment~ or update~ to the Title ~mitlIlerrt whiah are ullacceptable to Purchaser ~Ild further prey/dod that Pm-chaser may reaerve object/om w/th re,peet tn any survey related title exceptions (e.g. an easement) reflected in the Title C~u,mitment until Purchaser provides its notice of Survey Objcaions under Article 4 above. The list of matla~ so disappwvod by Pumbar~ together wifla any Survey Objections shall be referred to herein as ~l'itle Objections". I/' Purchaser disapproves any such item by timely written notice to Seller, then unleas Seller cures E1 matters objectionable to Purchaser to ?urehases'a reasonable satisfaction on or before the Closing Date (the "Curative Period"), Purchaser shall by written notice tn Seller elect one of the alternatives in Section 5.2. Without the n<essity of objecting thereto, all "star,lard exceptions" tefcrcnc~ in the Title Commitmem ~hn]] be d~ed Title Objections and daall bc re. moved at Closing by the delivery by .qeller to the Title Insurer of such affidavits typically rcquhzd fo~ the wmoval thervof as provided for in S~;;tion 13.9.. Title Objections that arc curable by payment of an as~le sum (e.g. satis£actiou of an existing mortgage or lieu) shall be cured at Closing with proceeds o£tho sal~ or S~lle~s own funds and shall ~ot bo required to be cured w/thin the Ct~tive Period. The ~tle exception~ listed in Schedule B-Section 2 of the Title Commitrllent which Purch~ approves or is deemed to approve pttmmnt to this Section 5.1 are her~in called the "Pr~,fitted Title Exceptions". Puroha~r hereby agrees to accept title to the Property at Closing subj~/to the Permitted Title Exceptiom. At or before Closing, SeUet th.}l detiva' or cause to be delivered to Purchaser, at Seller's ~, all dooum~afion antl lunch n~,:e~ary to s,,fisfy ail of the r~uit~mmis set forth in the Tide Commi--~t and to cau.~ to bo del~ed all exo~tio~ (m~d and other) exexpt for thc Pamitt~ Title Exceptions from the Title Commitlalcnt. It ~h,li be an absolut~ condition to Cio,sing that ~er be able to obtain an Owlle:l~$ ALTA Form B marketability title insurance policy (thc 'Title Policy") issued in accordance with the Title Commitment by the Title Insurer, insuring that Purchaser fi; vested with good and marketable fee simple fitl~ to th~ 1~o .pg'ty aubj~'t to no exex;ptions, except for the Permitted Title Except/ohs and upon failure of such condition, Pttrc. haser ~hall have the right to elect any option under Section $.2. Page ~, of 16 (a) To waive any or all such Title Objections/n writing, in which ~,ent such Title Objections shall become permitted Title Exceptions, and to close the tr.n,.action in accordance with the terms of this Agreement; .p?vided, however, that w?h re~. ec~. to any Title Objection wh/ch/s a monetary charge or lien or any Title Objection arising in omaca ox Seller's covemnts trader Section 7.2, the P~chaser shall b~ eahtled to satisfy or remove any such Title Objection ~d to credit ag'~-.q the Pumh~sc Price all of the costs and expenses of~uch cure. (b) To cancel this Agr,ement and tn receive a complete refund of the Deposit to the extent paid by thc Purchaser, in which event the parties hereto ~hall have no further righm, duties, or obl/gattons under this Agreement; provided, however, that ff thc Pumhaser elects to cancel this Agreement bo-.a,,~ of thc cxistmce of any Tiflc Objectiou arising in broach of Seller's covenants under Section 7.2, the Purchasers cancellation shall be without prejudice to the Ptuv. hasefs right to sue Seller for damages suffered or incurred by Purchaser as a result of Sell~s breach of Section 7.2. ARTICLE 6 possession, prorations and Exp_ en,:~ 6.1 possession of Property. Sole ~nd exclusive pos?s___qon of the Property shall be delivered to Purchaser on the Closing Date. 6.2 Prorations. Thc items sci forth below shall be apportioned and y~orated bctwccn Seller and thc Purchaser as of 12:01 .m. on the Closing Dale so that credits and charges for all days preceding thc Closing Dale shall bc alloc..aed to Seller and credits and charges for all days from and a~er the Clos/ng Dale shall be allocated to tha'chaser. (a) Taxes. Thc part/cs .shall. pro~a~e real prvtxaxy taxc~ far the calemlar year of Closing based on the actual number of days m sam year. Ii'the Closing droll occur before the tax rate is fixed for thc then current year, thc apportioument of real property taxes shall be upon the l~.qi.q of the prior year's tax rate or more current tax rate, ff known, applied to the latest assessed valuation of the Property. Said proration shall be re~prormed upon Tequest by either party after issuance oft-he actual tax bill for the year of Closing based on the amount due on the earliest payment dale. Co) Assessments. Certified, confirmed, or ratified licr~s for gove.,u:nental improvements axd general and special as~-ment ~s of the Closing Date, if any, e. hall be paid in full by Scllcx, and pcrding liens for governmental improvements and general and special assessments ~s of the Clohng Date shall be assumed by thc Purchaser, provided that where the improvement hl~q been substantially complaed as of thc Closing Date, such pending lien shall be considered certified and Seller shall, at Closing, be charged an mount equal to the last estimate by thc public body of the assessment for the improvement, in the form of a credit against the Purchase Price. 6.3 Expenses. Purchaser ~n pay: (i) all recording fees for the deed (ii) all eosts of examination and c, cr~cation, and (iii) thc feca and expe~es of thc Puroha.~s d~si~ted representatives md attonLeys. Seller 8hall pay (i) all documentary stamp taxes mad local surtax~ ff applicable, due with respect to the conveyance of the Property, (ii) the costs and expenses of the Survey; (iii) the fees and expemes for the Sellers designated retxesen~ves and attorneys, and (iv) the premium~ for the Title Comment and the Tide Policy. ARTICI.F. 7 /tfflrmzfive Covenan ts of Seller 7.1 Delivery ofthe Pro_l~.xty_. Seller shall, until the Closing Dar% keep and p~rform or cause to b~ pea'formed all obligations of thc Property owner under all applicable gov~ental ~ qu .a_.d- governmental laws, ardinanc~, regulations, orders and dixectivcs. Seller shall not, without me prior written con.qent of Pmdm.qer, permit any materialpagealtcrations5 of 16 or changes to 'any pajt~f/~mpertyr ~. i//~~ 7.2 Transactions -,nd Encumbrances Affectine the Prom:rtr. From the Effective Date to the Closing Dat~e, Seller shall'~:mt do. suffer ~r permit or agree to, s¢ll~ e~umber or grant any int~'es: in thc Property or any part thereof in an), form or manner whatsoever, or otherwise perform or permit any act or enter into any transaction which will dirainLr~h or otherwi$~ affecl Pu~h~er's interest under this Agreem~t or in or to the Property or which will prevent Seller's or Purcha.~r's full performance of its obl~gadons h~etmd~. 7.3 Purchaser's Acc~s to the Property_. Pm-chaser e. nd its r~presentatives, agents, employees, l~r~- corttractors, ~ppra~crs, architects and ~gin~ shall l~ve the fight to a~ess and catty upou the Property to examine, ~urvey, inspect, m~tsure and te~ the Prop~y for the purposes set forth in Section l 1.1 and for oth~ reasomtblc purposes throughout thc term of this AgreeanelaL Purchaser agrees, in the event thc Closing does not occur, to restore the Property to its physical condition exist~g to such activities. 7.4 Delivery of MateXlials. Seller shall deliv~ to Purchaser not later th~ ten (10) business days following the Effoetive Date true, correct, and complete copies of thc following items to the extra: such items are ~ Seller's or its agents' po~ses~on (or zre otherwise available to Seller or it~ ageats): (a) any doe insurance policy covextng the Property; (b) thc most mce..nt rm.t estate tax bills pmlainin~ to the Property or any pzrt thereof; (c) ail soil and geoJogical ~ and dI eavironme~taI rep3rts, audits and data r¢lafi.ug to thc Prop,~ o~ any pan thereof; (d) all da:a, co~ndsoc~ docum~ts, ~cats, suxvrys, waiveas, notices, applications and other records in zespect to thc Prolxxty which are significant to Purchaser's evaluation of the Pmpcxty for/ts Imemded Development; and (e) a copy of ali govermneatal approvals r¢lafin~, to the clevelopmcnt of the Prcrpexty which i.rrkoact or c, ncumb~ lhe Propcaly. Seller shall also d~liver to Pm'~, not laler than ten (10) business days following the request therefor, such olh~r items rclcvm~: to thc ~ thai Pamhasct may reasonably request to fl~ ~ ia Seller's or its agent's possession (or otherwise ava/lable to Seller or its agents). ARTICLE 8 ~epr~entations. Warranties ao,d Coyt~n,ants of Seller 8.1 Reore~entafions~ Warranties and Covenants of Seller. To/nducc Purch~ to cxccutc, deliver and perform this Agreement. Seller horeby reTresents and warrants to Purchaser on and as of the Effective Date as follows: (a) Documents. The information included in th~ doo~ments to be delivered to Purchaser pt~aant to Section 7.4 shall be true and correct to the best of Seller's icoowledge and, to the extent in Seller's or Seller's agents' possessioa, complete in all material respects, without omission of any material information r~luit~ to make the ~lwais~ion thc~of fa/r and complct~; (c) Title and po~s~.s, ion. The Pmpert~ ia not ~e home~ ScU~ i~ v~t~ wifl~ go~, m~le, f~ ~Ic ~fle to ~e ~p~ ~d to ~e ~t, md exit for Scll~, ~o ~c no ~ ~ ~on or ~~y of~e ~p~ or ~y any persons who lucre possessoty riglm in r~ect to the Page 6 of 16 (d) Authorlzatian. Seller has fid[ capacity, right, power and authority to execute, deliver and perform this Agreemmt and ~11 docum,nrs to be executed by Seller purnmnt h~reto, and all · t'~quired action and approval~ therefor have been duly tak~m ~md obtained. Thc individuals siLZ'ning tiffs Agreement and ~11 oth~.r documents cxecaxted or to be ~xecuI~ pursua~ berne on b~.h,ltof Seller ~re and shall be duly authoriz~ to sign the same on Seller's behalf and to bind Seller th~'to. This Agre~meat and all documents to be execu~d ptrrsuant hereto by Seller ar~ a~d mi'roll be binding upon and eni'orc, e.~le against Seller in accordanc~ with u'~ir respecevc taurus, s.,~ thc transition contemplated hcrchy will nor result in a brach of; or constitute a de.f~alt or permit acc. eiCon of maturity under, any indenture, contract, trust agreement, mortgage., d~cl of trust, loan a~~ or other ~mt to which Seller or thc Property is n~bject or by which Seller or th~ Property is bound; (e) .l.,ffiestlon. There are no claims, causes ofa~tion or other litigation or proceedings pending or, to thc best of Seller's knowledge., threatened in respect to thc Property or any part thereof; (f) Violations. Seller has not received any notice of&nd knows of no violations of ~y health, safe, Od, zoning, land uso or other laws, ordinmces, rulo~ or regulations or Ellvironm~altal Laws with respect to the Property, or any part th,reeL which have not been her~ofor~ ~ntirety corrected. (g) H~:ardous Mst, rinds. Seller knows of no exis~cc or storage of hazardous material~ or wastes, pollutants, or contaminants upon, under, or within tho Prcrperty or any part thereof ~h,,t would or could eonstitut~ a violation of any Environm~nlal Laws or require any r~medial ~:tiviti~; upon, under or within the ~ or any part tlmreof ttmI would or could ~* & violation of Envi, ~,,o-~xl Laws; (la) Underground Storage Tanks. There are no and during Sellm"s ownemh/p of the Property (and to the best of Seller's knowledge prior thgreto) there have been no underground tanks located upon or under thc Property;, (i) Governmenla! Actions. There is no existing, pending or, to the best of Seller's Imowlodge, comemplatod, threat,meal or anticipaled (i) condemnation or any part of the Property, '(fi) w/demng, ctumge of grade or limitation on thc us, of or ~ to street, road~ or highways abuRing thc Property, (iii) ~eeial tax or asse.qgment to be levied against thc Property, or (iv) change in the zoning or land usc designation of thc Propc~; (.j) Riehts of Acquisition. No other parson has any right or option to acquire the PTop~rty or any portion thereof or any interest therein; 0c) Material Chanties. Three are no facts or cim~ not disclosed to Purchaser of wlfich Seller has knowledge and which have or could have a material adverse effect upon Purchaser's intended use and Intended Dm, elopment of the Property. Seller agrees to notify Purchaser immediately of such fac~ or circumstances if it becomes awzre of the same; 8,2 Seller's Covenant. Seller shall notify Purchaser promptly ifS,lief bccomes awm'e of~y transaclion or occurrence prior to the Closing Date which would make any of the ~tafions or warrantie8 of Seller cor~fa/n~ in Section 8.1 untrue in any material respect ~d unless Pure, er is so notified these repre~entafiom and warranties ~h~n be' d~med to be tee,trifled by the Seller on and as of the Closing Date. ARTICI.F. 9 Condemnation, 9.1 If, after tim Effective Date _,,,,ti prior to the Closing Date, all or any malerial portion (in the sole jndvmettt of Puiv, haser or its lenders) of the Pruperty (deemed for these purposes to inolude aec, ess to ttm Pro~rty) i~ taken (or adversely affected, in the case of ms to the Property) ,by ~ .~rse of the Page 7 of 16 aq Iff ' ~,~,~,~ ~ e~.,/_~ '~ power of eminent chamaia or any proceedings am thre. a~ed or instituted which may effect such a taking (or adverse eft'~.-t), Seller shall imrrlediately give P1irol:laior notice of such occmrence, and Pur~h~ may, within ftfteen (15) daya aft= rz~.,eipt of such notice, elect either (a) to terrninst~ this Aglw-,emmts in which cvmt thc D~laosit shall be forthwith ~tum~d to Ihirchas~, and all obligation~ of the parties heretmd~ shall cease ami this Agre~rnera shall have no farther force and effect, or (b) to close tho tramqaction ~ntemplatod hc~mby as scheduled (except that if the Clo~ng Date is soo~er than fifteen (15) days following Purcha.~s m:e, ipt of' such ~tior~ Closing ~h~ll lg d, la¥od until the third Ord) bus/ness day after Pumhaser makes such election), in which evmt Seller shall assign and/or pay to Pumha.vx at Closing all condonnstion awards or other damag¢~ co[ioeled, to be collected or claimed with respect to such taking (or adv~a-re effect). ARTICLE 10 Repre~_e_ntattons~ Warr~mtles mn d Covenants of pprehaser 10.1 Repr~emtattons. Warranties and Covenants of Purchaser. To induce Seller to cxocazte, deliwr and perform this Agmema~t, Purchaser hereby mp~ and warr~t~ to SeAler that on and as of Effective Date az~d on ~ as of thc Closing Date, the indivld,,,,l- siLm;n~ mi. Agrcgmeaat and all other dooumcnts executed or to be ,xocxrted pill.,ant h~rcto on bdaalf ofPur~ast~r ~ az.sd shall be duly authorized to sign the same on Purchasers behalf and to bind lhimhas~ thereto. This Agre. e. me~t and all docum~ to be ,xeculod purmm~ htax:to by Pm~ha~ azo and shall be bindini upon and chi'ore, cable against Pu~.hn.%-,r in accordance with their r~'pecfive terms, and the tmmaetion cort~mplated hea~by will not mallt in a brcac, h of, or cozzrditute a clef~t or permit accelea-afion of maturity =der, any inclmatm~, contract, trust agreem~ mortgage, deed of trust, loan agreern_. ~t or et. tm: agreem~ to which Yumims~ is subject or by which l:Mmhaser is bo,,m'l. ARTICI~ H Conditions Prec~,e.n.t and Remedies 11.I Conditions Preeeden{. The obl/gat/on o£Pur,-ha-~cr to ck, s¢ the tran.s~ion contemplated hereby is, at l>m'ehas~$ option, subject to Purchaser's satisfying each of tho following _crm_dtfiom w/thin the ~e..qpective period~ ret fax'th below: (a) .Inspect/on Contijn?entw.. Purchaser, its consultants, employees and other agents shall have until the cnd of' the In,specfion. Pa'led In which to underrate sash inspections and inve~igations of and cow. ta'Mng thc ~ as Pumha~' de,ms necessary to evaluate thc Propaty, including, but not limited to the physical characl_efi~ca and condition of th~ Prgp~rty, the effect of' all .ap~plicahle building, land u$~, crrvilxr~am~ eatal ~d other cxxl~, ordinances, statute, rules and mgulatl0as affecting the Property,---~ ~ Other matters as may lx~ deemed by P~ to be n¢ceasar7 or ~4rabl~ in ord~ fo:' Purchasec to c-valuate the Pmpe~ and determine the d~irability and feast'bility of the Prope~ for Ptuc~qe.x's intended uso and Intended Devdopm~mt, and to obtain all neoes~7 in .t~. corporate approvals reqtrlr~ by Purch. ase?s orgaI1/zatiortal slruetllrc. Ptlrchas~ ShaI! exerCA~ due dilig,nce ired good faith tn conducting ~t~ in.qlaeotion~ during the tas~tioa Period. 0a) Covernmental Apr'royal Contin_~ency. Purchaser shall have until th~ md of the Goveam~ental Approval Confin~t~/Period and shall exeroise due dilig,~,_ce and good falth_~ efforts to: (i) obt:~in the valid alid effective, filial Ilon-appe_alshl~ approval, from the County, and Oth~- mqaired governmental anthorilies (collectively or One or more, as applicable, .the "Authorities"), of Pumhasefs or oth~r applicable approval for its Imemded D~-v¢lopment, w~..'.ch shall incorporate concmrmey approvals therefor, as applicable; (ii) obtain from the Authorities Zoning varialae.~, special or conditional uses or similar approvals far the ~ n?_m..~sary .to allow co--on oft. he Intended D~elopmem, (iii) oblain fi'om the Authoritiea bull.rimE perzmts., aoca:ssaty for the coa.smmion of Seller's Imaxt~ Development; and/90V)~obtain all final. PageSof16 . . ........ ~ ~u po~xurm m~ a~nons neretmoer diligently .nd in good £a~th. muy reclue~ m court.non w~m ~e approval process in a ~/.igent and timely manner ~ as not to cause Pur~h_.ser to m~ss any applicable deadlines, the reasonable cost~ ofwNch shall ~ ! borne by Purchaser. To satisfy the Approval Contingencies, such site plan approval, approval of the variances, speciM or conditional use~ or similar approvals, coucurrmey approvals and building permits shall be unconditional, final and non-appealable and not be subject to any relinquishkrtg' conveyance or dedication of any part of the PrOl:~'ty or any modification of the site plan not acceptable to Purchaser. (c) Ert~lon of Governmental Approval Cont/ngency. Itl h not ~le to ~ds~ ~e ~v~en~ Appm~ ~n~g~ ~thin ~ovc, ~ in ~at ~t, ~~ may ~ ~ ob~ ~m the Se~er ~ c~on of not mo~ ~n ~ (60) ~ys m ~s~ ~e Gov~~ ~pmv~ ~nOng~cy. d If~& h m i~ sole ~sc~on not ~fi~ ocs ~t sa~ ~e ~itiom r ' ' . . ~ p ~t set fo~ (~v~lal ~val Cont~g~y Pefi~ ~hoser, ~sf~fion of ~ ~p~v~ ~n~=~ ~ not feu~le, ~m ~~ m~, ~ no~ ~o Se~, tt~min.te tNs A~en~ N wNch ev~t ~e D~osit u, muke ~ueh elation then ~e apph~le con~g~ey ~1 ~ de~ s~fi~ md of no ~er rome or 11.2 Purchaser's Remedies in Event of Failure of Conditiony. The obligation of Sailer to ciose the transaction contemplated hereby is, al Purchaser's option, further subject lo alt representations md warrantic~ of Seller contain~ m tNs Agreement being true and correct on anti ~s of each of the Effective DaTe and the Clo~ing Dale and all obligations of Seller to have been performed on or before the Closing Date hav~ng bccn timely anti duly pcfformecL Upon failure of any cond/fion prec.,orient as scl forth in this Section 11.2, Purchaser may, by notice to Seller, elect any time thereafter to (i) terminate this Agreement, (ii) seek specific performance of this Agreement, or (iii) if, but only if, Seller has, through its v, ill_~ acts or omissions, made the remedy of specific performan~ unavailable, seek damages as provid~ for by Florida law. Without limitation of the foregoing, if this Agreement is t=,dnated pursuant to this Section 11.2 on or prior to the Closing Date, the Deposit shall be returned to Purchase and all other tirade_ and documents theretofore delivered hereunder or de'posited in est:row by either party stutll be forthwith returned to such depositing party and thereupon no party shall have any further fights or obligations hereunder. In the event of any breach of Seller of any representation or warranty made herein m~rl first disclosed following Closing or any breach by Seller of any covenant herein intended to survive Closing, Purchaser shall be entitled to collect from Seller, upon demand, all damages suffered or incurr~ by lharchaser aa a result of Sellers breach of same as provided for by Florida law. 11.3 seller's Reme~.les in Event of P"|IRrR of C0nditton~. The obligation o£Seller to close the uansaction contemplated hereby'is, at Seller's option, subject to all obligations of Purohaser which were to have been performed on or before the Clo~ing Date having been timely anti. duly performed. It' any condition precedent to Closing as set forth in this Section 11.3 hae not berm fhlfilled, anfl satisfied on or before the Cio,sing Date, Seller may, by notice to Pureha,.er, elect at any tinm thru'caRet to terminate this Agreement, provided that Seller is not itself in default, and if such te~mhaation iR due l~'ll~urchascfs fault, Seller, as liquidated da,'n*g~s aud as Sellers sole aud ux¢{usive rem~y, ~.all rut~..'u the .,Dcp. osit tharctofore paid by Pumhaacr in lieu of all other re,oodles at law or equity. Notwitlasta~!ng anything to the contrary lm'ovided in tl~ ~ent, in thc event of termination duo to ~s default, Seller shall relaiu thc Deposit as l/quidato:{ damages aud as Seller's sole mud exclusive remedy and S~llc, r shall uot bc ~titlcd to the rmaedy of specific performance; Seller ackuowlcd~$ that it is only.u~ for Purchaser to have thc remedy of specific perforrnsace bgea_u_~ of the Pllrcha$cr's illtc/est 111 the special character of thc Propeaiy md the availability of sufficicut liqu/datgd damages for Seller. ARTICLE 12 Brokerage 12.1 Seller and ~ e. ach h~'~'oy r~pr~nt and warrant to the oth~z thai neither have ct~lt with aay broker or finder with rtzp~ to the transaction cx)nt~mnplated hereby, e. xe,~pt for Boff [nwstmmts, Inc. and gun Real F, stale of Naples, Ino. both of whom have waived their right to say co~m:aission at closing. $cUu~ hereby agr~s to induumify sad hold harmlc.ss Purchas~ from and against any claim for (in~luttin_.o costs and attorney's fee, incun~ ia oonnection wi',.h any claim) a Brokerage commission or finder's fee assent-ted by any pcrsou, corporation or other entity oth~ than the Broker arising oat of the actual or all~ged ac, ts or coauiiitm~nts of $cllct'. lutirehas~r h~eby agt'~ to iadcrrmify ami hold hanqalc~ss Seller i-om and again.st any claim for (]ucl.ding costs and attoru~y's ~ inetm'ed in conn~.-tion with any claim for) a brokerage commi.,.sion or finder's fee asseru:d by au), person, corporation or oth~ ~atity othe~ ~h~ thc Brok~ aridag out of the actual or alleged acis or cou~itmems of Pu~. ARTICLE 13 Closin~ 13.I CIosln~. The traar, a~on contempla~ t,a~y sh,,q ~ ca thc Closing Dat~ at the offices of E. sem,,vee. 13.2 Seller's Depo_si.ts. Oa the Clo~iu§ Dale, Sell~r ahall d¢liv~ to thc Title Insur~ th~ follow/ng fully..exceuled closing doeumemts: (i) Seller's statutory form geaxeral warranty deed in recordablc form convey/rig to Pumhas~ fo: simple title to the Propexty, subje~:t only to th~ Pramitted Title Exeeotions; (ii) Sell~s "FIRPTA" Affidavit, in tbo form altached hexeto as Exttibit "C", as required by Section 1445 ofthc Internal Reveauc Code of 1986, as ame:ad~xt; (iii) an Affidavit of Title eovermg the PropcRy, in customary form and s~cieat in the judgment of'the Title lnsumr to d~lcte all standard "gap", mechanic's lieu. ,mol possession gxec'pfion.q fi.om the Title Polic~, (iv) a Closing Statem~t setting forth the Pumha~ Pri~ and the proratioa$ md credits {md allo~iou o£th< r. xtxm~ of Closing a.g agreed upon herein; (v) the em~utcd Covenants afl, ting any Ou~parr~Is. if applicable; (vi) Purchase Mouey Second Mortgage to be executed by Purehar~ in favor of Sull~r arut (vi) such oth~r documc:ut~, im-tmmeats, ca'tifieatious and confirmations as may bo rr. asonably rr~ltdml md dm-iguated by ?uxehaser to fully off~t and eon.qummat~ the tramsacedons contgaXtlal~,;~l hereby ia¢ludius, without limitatiou, the it~us required under Section 5.1. 13.3 .Purchaser's Dep01~{tS. On tho Ctosiag Date, Pumhas~ shall deliver or cause to bo d~i/vered to lhe 'l'itle Insurer the follovcmg: (i) the Dqx~it; (ii) the balance of the Purchase Pri~ provided in Section 32; _~n_d (iii) such 0th,r documents, in.m'tmamts, certLfir~irms ami con~irmatiorts as may be reasonably required and de~i~ by Sellem to fully e, ffect aad eonsummat~ the transactions contemplated hereby. ARTICLE 14 Inteuded Ul~e of the Property la. The parties hereto acknowlodg, that Pur,has~- iatuada to use the Pcope. rty for the construction and d~vdopment of not lc.ms than 19-0 single, family dwelling ua.its. Such cousmm-tiou iaelud~, without limitation, all desirable and rcquisit~ buildings, parking, aiguagrn ul:iliti~, ~ and all other i .mlm~vementm __tg~_'_mble for smich usc or required by applicable govcrnmcutal a~ofi¢ 15. Any notice, request, deman~ iasl~uction or other document to be g/ven or sewed hea%~,mder or unde~ any document or mstrtmaeat executed pursuant heceto r, hull be in writing and shall be (i) delivered personally with a receipt roquosted there, for or (ii) se:at by a nationally ree~o~ni~axl overnight eo~-icr service or (iii) cent by United Stat~ rcgisttanxl or eat'dried mail, return receipt t'equested, postage prepaid or (iv) as to items c. onsi~n~ of five (5) pag~ or las, s~d by eompletod and ree. edp~ facsimile (followed by a copy by another mcthod specified in this Article) to the numbea' set forth bclow, and addressod to the parties at thc-ir respective addresses set forth below, and the r, ame shall bc effective (a) upon receipt or refusal if delivered personally, Co) one (I) business day after depositing with an ovcrnight courier service, (c) two (2) business daya after dcposit in the mails if marled or (d) the day sent by f_,,r~i,~ile., if seat on a buaincr, s day, othcamisc tho following business day. A part may change its address or number for receipt of notices by service ora notice of such change ia aceordm;ce herewith. If to Puroha~r:. Samuel J. Dur~o, M.D, President ttABITAT FOR HUMANITY ! 1550 East Tamiami Trail Naples, Florida 34113 with a copy to: Ifto $~lle~: w~th a copy to: Michael J. Volpe, Esquire LAW OFFq[C'ES OF MICHAF~ J. VOLPF_,, J.D. 1400 Guli'Shore Blvd. North, Suite 218 Naples, Florida 34102 Mr. Roger Carvallo Sun Real Estate of Naples Suite B, 10102 Court Plaza 2661 Airport Pulling RoM South Na. ple~, FL 3a112 If to E. scrowcc: Michael J. Volpe, Esquire LAW OFFICES OF MICHAEL J. VOLPE, J.I}. 1400 Gulf Shore Blvd. North, Suite 218 Naples, Florida 34102 ARTIC~ .g 16 Eptlrg. A_ _ereement. Ameadments & Waivers 16. This Agreement containa the entire agreement and understanding of thc paxties Wtth rt:spcct tn the subject matter hereof; and the sm'nc may not bc amcado:l, modified or discharged nor may any of its terms be waived except by an instrument in writlnE signed by the party to bo bond thereby. ARTICLE 17 Survival and Beac~ 17. All representa~ons and wawantie~ of the parties shalL, notwithstanding any investigation made by any part b. ereto, survive the Closing and the same shall inure to the benefit of and be binding upon the respective ~ccessors and assigns of the parties. Notwithstandhtg any provision o£ tl~is Agreement that the partiez shall owe no fuxther obligations subsequeztt to a t~rmination of the Agreement, th~ following agreements, covenants and obl/gations ~ survive any termination oftl~ ~gul: (1) Purcha~cr'~ obligation to re, tore the Property in the twcnt Closing docs not occur as set forth in the last svnt~nce of S~ction 7.3; and (2) the obl/gations of tho parties to return or d~l/wr ar cause to be rctum~ or del~ver~l thc Deport to the appropriate partT' in the event of termination of tiffs Agreement. XRTICL~ 18 No Third Party Benefits jlr Assi.enment 18.1 This Agxe~nc~ i~ for the role and exclusive benefit of the patties h~cto and thdr respective successors md assigns, and no third paw/is intended to or sha~l have any righLs hcrvundet. Either Puzr. haser or Seller may a.~gn ils Hghts unci~ this Agreement to an AffiLiate. Any other assi~ment shall bc pc-rmiRed only afle~ receipt of thc prior v, xittan consent of the other party. In any event, the assignor shall remain liable for the performance of its obligations under this Agreement. For purposes of'this Section, the term Affiliat~ shall mean any person or entity who conUoh, is controllocl by, or is under control with, the ,_~ignnr ot an entity with which or into which the assignor may merge or consolidate. Withom Hmitation on the foregoing, Selle~ acknowledge~ that Sun-Belt DLx, In~. shall be deemed to be an Affiliate of Pumhasez. In the event of an assig,,.ment to an AfFili,t~. thc party making such assigmuent stroll give prompt notice to the other party. ARTICLE 19 ~[n terpretation/Mi~ceIlan eou s 19.1 The headings and c.~tions herein are inserted for convenient reference only and shall not limit or be ltsed ~ or affect th¢ c.,omlx~Ction or ~ntcrprctation of the Articles or Sections to which they apply. 19.2 This Agrom~nt and any document or instrument executed pum'uant hereto may be executed in any number of countcrpartz each of which shall be deemed an original, but all of which togethm' fl:tall constitute one and thc same instrument. 19.3 Whm~ver under the terms of tiffs Agromacnt the time for perforn'amoe of a covonant or condition falls on a Saturday, Sunday or other non-business day, such time for performance shall be extended to thc next bu,smcss day. All rcfcrene~ hm~in to "day~" shall mean tmlandar dayg and ali rcfet~ces hereto to 'businos$ days" ~a~! mean any day other than SaXurday, Sunday and days that the financial institution in whioh the Depoait ia held is normalI'y closed for budnec~. 19.4 This Agreement shall be governed by and con~"u~l in aeoordanee with the laws of the State of Florida, without togani to the oonfliot or choi-~ of lawa prinoipah of the State. Venue fox all actions and proce~ ino~ arising out of thie Agreement shall be in the Courts in ~nd for Collier County, Florida. 19.5 Timea is o£thc essence of this Agreement. 19.6 This Agreem~rt shall not be comstm~ more strictly against one party than against the other merely by virt~ of the fact that it may have been preparexi inifally or primarily by counsel for one of the parties; it is th~ patti~s' ~gre~men! that the plain meaning of thc I.-~uage of thi~ ~otlt shall 19.7 If' Seller is more than one individual, the term Seller shall refer to ali such individuals jointly, as to obligation~ heretmder that can only be performed by them jointly, and jointly and severally a~ to oblig~ons hereunder that each individual can himself or herself perform and as m the repre~entalions arut warranties hereunder. 19.8 Seller and Purchaser hereby agree to hold Escrowe~ harmless for any 10ss of escrowed Rmdg, including the Deposit. or for loss of interest r.m~sefl by any delay J.n ~; dq~osit or the early withdrawal of the Deposit from the interest beating aeeoum; providech however, that nothing hex~a shall release E~crowee from liability for its fraud, willful mi~nduet or gross neglig~c~. Tlxis Agreement shall serve ~ ~scrow ~ctioas and aa executed copy of this Agreemeat shall 5e deposited with Escrowee. In the event of a termination oftl~ Agreement or a de£a~tlt trader this Agreemmt, ~e Deposit shall be delivered or disbursed by the Eserowee as provided in this Agreement If either party shall declare the other party i.u default under this Agr~maent ~na shall make demand (the "Demand") upon F. acrowee for possession of the Deposit, said party must Frovide the other party with a.. eo]~y of such Demand ma.4e upon F.,~rowee. Except with re,'peet to Dernand~ for the Deposit made by vuxelaaser on or before the earl of the Inspection Period wtzid~ will be promptly delivered utx)n Pm, chasers Dornand, Escrowee ahltLl rot ~burse the Deposit in accordance with ~y Demand until the demanding pm'ty deliv~r~ to Facruwee evidence (e.g., returned receipt from U.S. Postal Service) of the other party's reedpt of the Demand al~d ~wee has not received writtca objection to such Demand within the five (5) bu~'ine~ clays following ~aid other party's receipt of the copy of such Demand_ If any objection ia so received or if ~aay conflicting Demands ~hall be timely made upon the Escrowee, the Escrowee ~hall not be required to determine the same or to lake any action in connection therewith. Rather, the F_zerowee may await settlement of the controversy or deposit the escrow sums in the Registry of the Circuit Court of Collier Cotmty, Florida, in an interpleader action or otherwise for the parIx)se of having the respective rights of the parties ~judlcaIed. Upon making such deposit or upon institution of' such interpleader action or other aFpmp'nate aa. ion. tho Eserowee shill be fully relieved mad discharged flora all further obligations hereunder with respect to the sums so deposited- Seller specifically agrees that l:harchasefg counsel shall nm be r~luired to withdraw as may act as counsel for Pm-cixaser in connection with any matter arising out of this Agreement or the Property, notwltl~tanding that Purchaser's counsel has also ac-ted as Escrowee. ARTICLE 20 Attorney's Fees & Cost~ 20.1 In the evem that there should be any litigation or claim a.4sing out of this Agreement which requires the ~erviceg of an attorney-at-law, the party prevailing ~hall be entitled to recover all costs incurred, including reasonable attorney's fees and if the m,-~ is ~ppealed to a higher court, such attorney's fees include appellate court appearances or appellate attorney's fees. ARTICLE 21 Offer and Aeeeptange 21.1 Execution and delivery by Purchaser to SeLler or Seller to Purchaser of a copy of this .Agreement ~hall constitute an offer to purchase or sell, as al~licable, the Property upon the ~ms conditions herein set forth which offer shall be effective for a period of fatten (15) business days following the time o£suda delivery (which time of deliveryshall be presumed to be 5:00 p.m. on th~ date set forth benealh Seller's or Purchasers signature hereto). IZthe paxty receiving the offer fails to deliver a fully executed cotm:erpart ofthi~ Agreement to the off, or prior to expiation of such period, th.eh at the offerors sole option, said offer may be revoked and rescinded in its eaxtir~ty at any tima p. rior to offerors receipt of this Agreement executed by the other, and upon such revocation a~d r~emsio& said offer and this.Agreement shall have no further force and Page 13 of 16 ARTK~LE 22 22.1 ~ R~Oon is a nattu'ally occurring radioactivc gas that, whm it has m ~ buildin~ in ~ufftcicnt q-~ntitics m~y pres,mt he. alth risks to perao~ who are expomxl to it over time. LcvclZ of rado~ thai cxcc~ federal and statc guidelines have bcen found in bufld{~ ~n Florida. Add/t/o~d infor~-~on re~,d/ng radon ~ radon tczting may be obtained fwm yom- count= public health IN WITNESS ~F, Pumhascr and Seller have cxceategl this ~c~t. Wi~ #1 Pnntcd Namc GOBEIL GROUP ,,' m'~q~t=Pfinted Nm'nc Wimps #2 %,¥itncss ~'i Printed Nam= B~ Page 14 of 16 WITNF.~SES: ~Aqtn~s #2 Prim~ Na~e PURCRASER: HABITAT FOR FFL'MANITY ~.D., ?~idmt ' Date: .~ e ,1999 Broker hereby execuma this Agr~a for the ~le purpose of agtw~ing to Article 12 he~cin WITNESSES: BROKER: ,1999 Brokcr hcrcby cxccut~ ~ A4p'cccr~tt for thc sole purpo~ of agreeing to Ar~cl= 12 I~nem above. WITNF_.SSES: BROKER: SUN REAL ESTATE OF NAPLES, I.NC. llsk..~ ~.~~ P~g¢ 15 of 16 The under~gnoct F, scrowee hereby agrees to hold the Deposit in acc ~t~ra~n~'~ with/he terms of this ~~t. WITNESSES: ESCROWEE: LAW OFFICES O17 MICHAEL J. VOLPE, .I.D. W~tn~ #1 S~e WRne~ #1 l~intexi Name BY"'MIC~L J. VOLPE, Esquir~ Wim~:~ #2 Signatur~ Witnuss #2 Pdnltxt Nm'no Dat~l: ,1999 This instrument prepared by: MICRAEL J. VOLPF_, ESQUIRE LAW OFFICES OF MICHAEL J. VOLPE, J.D. 1400 OulfShorc Blvd. North, Su/te 218 Naples, Florida 34102 Page 16 of 16 *** 0~: 205]. ?~: 0586 T~ floft~rlT al~a [hi ~(c l( 1~14 ;v~/ tk~jh I~k.~ ~llt tm t~f~lNT ~f ICGINNIN~. , i LEGAL DESCRIPTION 0415 A parcel of land. lying within Section 33, Tc~mshlp South, Range 26 East, Collier County, Florida, being more particularly described as Follows: From the Southeast corner of said Section 33, bear N 89eS3°b9°' W, along the Southerly line of ~aid Sectlo~ a distance of 218.47 fee~ to the South- westerly right-of-way line of U.S. Hlgh~ay 41 as It presently exists a~d to the POINT OF BEGINNING; Thence co~tlnue. N 89°53'49'' W, along said Section line a distance of 688.05 feet; Thence N 15e~'~9,' [. 400.00 feet tn rh~ ~ald South- westerly right-of-way line of U.S. Highway Thence S 54'25'D1" E. along said right-of-way llne a distance of 9].3~ feet; Thence S 54e20'16'' E, along seld right-of-way iine. a distance of 466.95 feet to the POINT 0£ BEGINNING. Co~talnlng 2.57 acres, more or less, bearings as mentioned herein a,e based o~ the boundary map prepared by County Engineering, Inc. Drawing No. C-Ih39-1 and do not refer to the true meridian. ;' 7:." 2 3 e STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: MAILING ADDRESS: CITY Naples STATE Florida ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Habitat for Humanity of Collier County~ Inc. 11550 East Tamiami Trnil ZIP 34113 The project is located on the east side of Barefoot Williams Road~ approximate ,ly ~ mile east of the intersection of Barefoot Williams Road and US-41~ and approximate ,ly 400 feet south of US-41, LEGAL DESCRIPTION: Section: 33 Township: Lot: Block: Plat Book Page #: Metes & Bounds Description: 50 South Range: Subdivision: Property I.D.#: 26 East 00446960005 See attached legal description m TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY'SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) [] [] system): 10. 11. 12. TOTAL POPULATION TO BE SERVED: 288 PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 186~156 GPD AVERAGE DALLY SEWER-PEAK 19,3~8,36 GPD AVERAGE DAILY · 74~462 GPD 48~702 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: June~ 2000 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 fi.om tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of all construction of these facilities in accordance with all applicable County ordinances in effect at the 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 an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for the pre-application meeting, if the project is to receive sewer or potable water services fi.om any provider other than the County, a statement fi.om that provider indicating that there is adequate capacity to serve the project shall be provided. COLLIER COUNTY UTILITY DEDICATION I, Samuel J. Dm'm, as President of Habitat for Humanity of Collier County, Inc., hereby agree to dedicate the proposed water distribution and sewer collection facilities to be constructed in the Victoria Falls project to Collier County. If applicable, Habitat for Humanity of Collier County, Inc. also agrees to pay the County Utilities Division system development charges and connection fees prior to the issuance of building permits by the County. Habitat for Humanity of Collier County, Inc. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~__~y of ~ , 1999, by Samuel J. Durso, on behalf of Habitat for Humanity of Collier Cou~y, Inc., who is  o~aily known to me, and who did not take an oath. OTARY PUBLIC NOTARY PUBLIC Commission Number: Witness my hand and this _.~'-day of~ ,1999: 0 VICTORIA FALLS PLANNED UNIT DEVELOPMENT LEGAL DESCRIPTION A parcel of land lying within Section 33, Township 50 South, Range 26 East, Collier County, Florida, being more specifically described as follows: From the Southeast comer of said Section 33, bear North 89053'49" West along the Southerly lines of said Section a distance of 906.52 feet to the Point of Beginning; Thence cominue North 89o53'49'' West along said Section line a distance of 1720.16 feet to the Southwesterly comer of the Southeast Quarter of said Section; Thence North 89059'22" West along said Section line a distance of 94.58 feet to the Easterly Right-of-Way line of Barefoot Williams Road, having a 60 foot Right-of-Way as it presemly exists; Thence North 9°03'22'' West along said Easterly Right-of-Way line a distance of 158.91 feet to a Point of Curvature of a circular curve concave to the West having a radius of 760.00 feet; Thence Northerly along the arc of said curve through a central angle of 28°28'07', a distance of 377.62 feet to the Southeasterly Right-of-Way line ora proposed 60 feet wide road, and to the Point of Tangency of said curve; Thence North 52°28'31" East along said Southeasterly Right-of-Way line a distance of 207.99 feet to a Point of Curvature of a circular curve concave to the Northwest having a radius of 1030.00 feet; Thence Northeasterly along the arc of said curve through a central angle of 16o53'32'', a distance of 303.67 feet to a Point of Tangency of said curve: Thence North 35o34'59'' East, a distance of 248.79 feet; Thence South 54°25'01'' East, parallel with and 400 feet fi.om the Southeasterly Right-of- Way line of U.S. 41 as it presently exists, and a distance of 1804.32 feet to the Point of Beginning. Comaining 25.41 acres, more or less. Bearings as mentioned herein are based of the Boundary Map prepared by Tri-County Engineering, Inc., Drawing No. C-1439-I and do not refer to tree meridian. NOTES COLLIER COUNTY **** DEVELOPMENT SERVZC~S DEPARTMENT **** TOPIC OF MEETING NOTES BY dY ~OINTS/UNDERSTARDINGS/CONCLUSIONS 157 additional pa~e8 £f necessary) VICINITY MAP McAM.Y EN(3gdEE]~4G C84t) mm~ tAX (~) ~ 11-Q1-1999 5:49PH FROM EAGLE CREEK 941 775 237~ Eacjlecreek COMMUNITY ASSOCIATION, INC. October 28, 1999 Mr. Donald Murray, AICP Community Development Plarming Services Dept. 2800 North Horseshoe Driv,: Naples, FL 34104 RE: PUD-80- ] 0(.: ) - Victoria Falls Dear Ma'. Murray: This lelter is in regard to a p,~blic heating to be held at 8:30 a.m., Thursday November 4, 1999, in cormection with a rezoning ~' :quest on the above referenced PLrD. The Board of Eagle Creek C )mmunity Association has met and discussed the rezoning issue. After review, the board has c etermined that the major concern we have is in connection to the change in density_ Increasin!, the density will result in an unnecessary strain on the already taxed roadways and other infrastm :ture, which have been designed to handle the planned number of residential dwelling un/ts. TI ,erefore, although we have no objection to the works of Habitat for Humanity, we do object to t'i e increase of density from 76 to 115 units and request that they be limited to 76 units on this ac; cage. A representative from our as ;ociation will plan to attend the November 4th me,ting and we appreciate your consideratiot, in this matter. Sincerely, President CYPRESS VIEW DRIVE - NAPLES, FLORIDA 34153 We've spoke on t~e phone several times regarding me ¥1ctorla l~all$ PUD. Tills letter I hope will be taken into consideration on Nov. 4~. As a homeowner whose S-acre property will ba~k up to this development, I'm concetried_ I feet this type ofPUD isthe exact opposite of why we live on 2.5 to 5-acre lots. The increase to 115 homes on the 25.41 acres is unbelievable as far as density. On paper this development may look legitimate, but in real life where will all the cars and trucks be parked.'? The people who live on Price, Barefoot Williams Rd. and Griff'm Rd. choose to live here for the quiet, space m~l the many freedoms that go with that space. We as a group are very concerned about the potential for changes to our lives that the planning commission has the power to make without ever even driving down om faced with a lawsuit if someone climbs my fenc~ and gets hurt? This m~y not seem like a legitimate worry to you, but I'm concern~l. As a 33 year resident of East Naples, who has played by ~11 the rules my whole life I do hope somebody will listen to us on this ma~er, and keep this development at the 76 units that its been zoned for. $ineere3y, Hd68:E~ 666~ ~0 '~ON 9P80S// : 'ON BNOHd Staff Report Objection to Victoria Fails Collier County PUD-80-10(2) We home, land and business owners abutting and near to the Victoria Falls PUD strongly object to the granting of the propose petition PUD-80-10(2). We have a Iow intensity, large lot, primarily agriculturally zoned community located around Barefoot Williams Road. We enjoy a relaxed peaceful lifestyle that would be disrupted by the increased population that this proposal would bring to our neighborhood. The findings on which the staff recommendation for approval is based are in error and omission in facts relating to the lands to the south and southwest of the PUD. Please deny this PUD with the Increased density provision. Errors and Omissions: General: 1) Growth management Plan Consistency: page 3 2) Relationship to Future and Existing Land Uses: page 5 Exhibit A Findings: (Page 1,) 1. Suitability... (Page 3,) 4. The internal and external compatibility... (Page 4,) 7 .... surrounding areas to accommodate expansion Exhibit B (Page 1,) 2. The existing land use pattern (Page 2,) _~ ~....unrelated to adjacent districts (Page 2,) 4 ...boundaries drawn in relation to existing conditions... Across me KING A GOOD MATCH ~e Registry Resort's Christine Davlln, left, and Heldi Stlpetlc talk with applicants ~egistry Resort. Companies represented ranged from Sony Electronics to Goodwill 'a Inns~Staff ;try to fill spots at fair, cers look at possibilities :a s rS. ~lt's really a tough market down here. I don't know why.; ~ Norma Hillock Recruiter for Paine Webber filling out one of the applications. "It's stressing me out, really." Robinson. who recently returned to college to study business administration, fits the mold of many ofthe job applicants who turned out for the one- day fair, held at the Registry Resort in Naples. He's already employed, but willing to consider other possibilities. With unemployment at record Iow levels in Southwest Florida, organizers did have some concerns about how many people would come to the event. While companies were eager to sign up for the fair, job candidates weren't as quick to respond, said Jim Wall, a WAGES coordinator for the Southwest Florida Workforce Development Board, which helped organize the event. Homes for Iow-income families proposed for East Naples Final approval is needed from the Collier County Commission. By CLAY W. CONE Staff Wnter A new neighborhood 'could soon be available for very low- income families in East Naples. Habitat for Humanity of Col- lier County Inc. has entered into a contract to buy 25.4 acres on the north side of Barefoot Williams Road, just south of U.S. 41 East. The site is pro- posed to be developed for a neighborhood of detached sin- gle-family homes. The property originally was approved by the county in 1980 for a planned unit development consisting of up to 157 residen- tial units. In 1991, the site was downzoned to just 76 multi-fam- ily units as part of the county's zoning re-evaluation process. Now, Habitat for Humanity wants to rezone the property for up to 115 single-family homes. The petition was reviewed Thursday by the Collier County Planning Commission, which deadlocked on a 4-4 vote. Final approval still is needed from the Board of Collier County Commissioners. A public hear- ing will be held on Tuesday, Nov. 23. A crowd of adjacent property owners turned out for Thurs- day's public hearing to protest the development. Their objec- tions centered not on the fact that affordable housing was proposed, but exactly how much. Wearing blue and green shirts to represent the water and the Earth, severa of the Hitching PostRV Tr~l~_k~,, Resort expressed concerns about flooding in th~ ~ear~ See F~R, P~e ~ Adveft~4ng in Dublin, Ohio; as a ;,*meeti~g planner for Bane One Corp. in · .-C_,otumDus, Ohio; administrative assist- '.ant an~t assistant store manager with 'Limited Co.'s Bath & Body Works. i' ~oot~----q, olumbus and Naples and as · .pi ~tions/marketing coordinator ',for Jn Bay Homes in Naples. She · graduale~ from Ohio State University ..with a ~gree in journalism/ Ladvert~s~g She fs a member of the :.Homes Con~m~ttd frorn 1E park. which was developed 30 i"years ago, routinely floods after a heavy storm, Richard Eskridge. president ,'of the Hitching Post Co-op, said adding more homes next door a'oultt only worsen the problem. Other residents expressed concerns about increased traffic .on Barefoot Williams Road and Price Street and the potential lossof wildlife in the vicinity. Da'~ght Nadeau. an engineer representing Habitat for Hu- 'manity. said the group was try- · lng Io avoid conflict with the surrounding community. This in- :.;cludes plans for a nine-foot wall :.to...he erected around much of -,* vposed neighborhood, itat for Humanity is an in- :'te...-.tionai organization formed ." in 1976 to eliminate poverty housing in the world, Since its inceplion, the organization has compteted more than 80,000 homes ~n the United States. The group has more than 2.000 volunteers throughout Collier County. They have complmed 189 homes in the Immokalee area and 813 homes in Naples Manor. The homes are sold at cost with ~0-year. interest-free loans. '~, system. She cur- Picketing rently owns a pho- to restoration business in Naples and will teach classes on how to choose and how tc use a digital camera. Helene Kramer has been named administrator for Encore Senior Village at Naples. She is responsible for over- · seeing all day-to-day operations, in- Samuel J. Durso, president of Habitat for Humanity of Collier County. said buyers are chosen based on need, ability to repay the loan and a willingness to partner with the organization. Very low-income families are those earning less than 50 per- cent of the county's median in- come, according to Greg Mihalic. director of housing and urban improvement. For a family of four. the median income last year was $59.100. he said. The proposed site is owned by Roger ('aravallo and John Go beil. Habitat for Humanity has a contract to purchase il tbr an undisclosed amount. Durso acknowledged the flooding problems in the area· But he noted that the group is requesting to build far fewer homes than it could have sought. Under county code, the orga- nization could have asked for up to 280 residential units, or 11 units per acre. That formula is based on an affordable housing bonus density from the county. The lower density will enable Habitat for Humanity to place thc homes farther apart, with larger yards for the families. The Planning Commission ini- tially deadlocked on a motion to approve the project, A subse- quent motion was made to ap- prove the project at its original 76 units, but it also failed. functions. She relocated to Fort Myers 15 years ago, working in the construc- tion industry. Her career includes as off~ce manager w~th a metal fabrica- bon subcontractor, with Gulfshore De- velopment in contract admimstration and project management administra- tion, Compass Construction as project assistant for hospital contracts and Walbridge Aldinger as project admin- istrator. promising Fdropean artists aqo co missions exclusive works. Owner Ir Nevska, a native of Russia, hoids a master's degree in fine arts trom University of St. Petersbur£. She owned a similar 8aitery in San Franc ed'S Union S0uare for seven years a gallery on Fifth Avenue in Naples Address: Village on Venetian Bay. Hours: 10 a.m. to 6 p.m. daily,. Objetos De Arte is an art gatiery r Panel endorses changes The Collier Count>' Plan- ning Commission endorsed several changes to the pro- posed Sierra Meadows de- velopment on the southwest corner of Count3· Road 951 and Rattlesnake Hammock Road in East Naples. Under the proposal, the maximum number of multi- family units would decrease from 425 to 300. while the amount of conservation space would increase from 34 acres to 38 acres, Mean- while, the total amount of commercial development would increase from 160.000 square feet to 260,000 square feet. Sierra Meadows is a 90.8-acre development origi- nally approved by the county in I)c'ccnd)cr 1994. It cur- rentl3 is owned b3 Land Trust Naples. a private group represented by Cape Coral Realtor Greg W. Eagle. Final approval still is needed from the Board of Collier (·ounty ('ommission- ers. A public hearing is scheduled for Tuesday. Nm. 2.3. Center to add space The owner of Carillon Place in North Naples gained formal count>' ap- proval Thursday to add up 36.587 square feet of con]- mercial space to the existin'. shopping center, Carillon Place is localec on the southeast corner o Airport-Pulling and Ridge roads in Nort[ Naples. It originally was ap proved in December 1991 fo a mix of commercial and res idential uses. The expansion will in crease the actual size of th, shopping center from 282,41: square feet to 319.000 squar, feet. Plans also will allm the construction of up to 18 multifamily units immed ately behind the center. An amendmen! that wi] permit the changes was al proved unanimously by th Collier County Plannin Commissi on. 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 ORDINANCE 99- ORDINANCE AMENDING ORDIN.a.N'CE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMEN'I' CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 06335 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE VICTORIA FALLS PUD HAVING THE EFFECT OF INCREASING THE NUMBER OF RESIDENTIAL DWELLING UNITS FROM 76 TO A MAXIMLqM OF 115 AFFORDABLE HOUSING DWELLING UNITS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF BAREFOOT WILLIAMS ROAD, APPROXIMATELY 400 FEET SOLq'H OF U S, 41, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA. CONSISTING OF 2541 t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-86, THE FORMER VICTORIA FALLS PUD; AND BY PRO'v IDING ,~N' EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering and Design. Inc, representing Habitat for Humanity of Collier County, Inc, petitioned the Board of County comrmssioners to change the zoning classification of the herein described real property.; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA; SECTION ONE The Zoning Classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" 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 numbered 06335, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly SECTION TWO: Ordinance Number 91-86, known as the Victoria Fa/Is PUD, adopted on September 16. 1991. by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DL'LY A. DOPTED by the Board of County Commissioners of Collier C'wan~ Florida. this ~ da)' of , 1999. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COU~4TY COMMISSIONERS COLLIER COL~'TY, FLORIDA Approved as to Form and Legal Sufficiency PAMELA S. MAC'KIE, CHAIRWOMAN Marjor~ M, Student Assistant County Attorney gadmm Ordinance PUI)-80-1012 ~ DM ~m -2- YICl'ORIA FALLS A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING VICTORIA FALLS, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPM~E.X~ CODE PREPARED FOR: HABITAT FOR HUMANITY OF COLLIER COU~'TY, INC. 11550 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34113 PREPARED BY: McANLY ENGLNEERING AND DESIGN, INC. 5435 PARK CENTRAL COURT NAPLES. FLORIDA 34109 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL l 1/4/99 Exhibit "A" TABLE OF CQNTENTS Li~t of Exhibits and Tables Statement of Compliance Section I Section II Section Section IV Section V Legal Description, Property Ownership and General Description Project Development Residential Development Standards Preserve Area Development Comrmtments i ii I-1 [I-I IIl-I IV-I LIST OF EXII[~IT~ AND TABLES EXHIBIT A EXHIBIT B TABLE I PUD MASTER PLAN AGREEMENT AUTHOKIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY PROJECT LAND USE TRACTS STATEMENT OF COMPLIANCE The development of approximately 25.41 acres of proper{3/in Collier County. as a Planned Unit Development to be known as Victoria Falls will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities or' Victoria Falls PUD are 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: The subject property for development is within the Urban Mixed Use District/Urban Coastal Fringe Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The project is a proposed to be an affordable housing,, single-family residential development. The Density, Rating System of the FLUE provides for 3 dwelling units per gross acre when a proposed prOJect is wnhin the Traffic Congestion Boundary,, as depicted on the Future Land Use Map. An Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Resmctions on Real Property (Exhibit B), is attached to, and made a part of this PUD Document. Although only I 5 dwelling units per gross acre densay bonus is being utilized, the project bemg 100% very tow income housing is eti~ble for 8 dwelling umts as a density bonus {refer to Appendix "C" in Exhibit B). This density bonus of 1.5 dwelling units per gross acre added to the base density of 3 dwelling units per gross acre provides for a gross project density of 4.5 dwelling units per acre. The proposed density of Victoria Falls PUD is 4 5 units per gross acre, which is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use Element, Policy 5 1 of the Collier County Growth Management Plan By ~artue of the fact that this PUD provides for affordable housing for very Iow income facmlies in three bedroom single-farmly homes, this PUD development serves to implement Objective 1 5 of the Housing Element. The development will be compatible with and complementary, to existing and planned surrounding land uses. The development of Victoria Falls PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 ,H and L of the Future Land Use Element. Victoria Falls PUD is consistent with and fiirthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned for urban uses. Victoria Falls PUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will he open spac~ or reserved for conservation purposes. The Master Development Plan, with its extensive natural area and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. SECTION I PROPERTY OWNERS~ ANDDE$CItJlrFION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditio~ of the properly proposed to be developed under the project name of Victoria Falls PUD 1.2 LEGAL DESCRIPTION A parcel of land lying within Section 33, Township 50 South. Range 26 East, Collier County, Florida, being more specifically described as follows: From the Southeast comer of said Section 33, bear North 89053'49'' West along the Southerly lines of Sa~d Section a distance of 90652 feet to the Point of Beg/nmng; Thence continue North 89°53 '49" West along Sa~d Section hne a distance of 1720.16 feet to the Southwesterly comer of the Southeaxt Quarter of Sa~d SecUon; Thence North 89°59'22'' West along said Section line a distance of 04 58 feet to the Easterly Ri~t-ot:Way line of Barefoot Williams Road. ha,ang a 60 tbot Right-of:Way as it presently erdsts; 'l'hence North 9°03'22" West along said Easterly Right-of-Way line a distance of 15891 feet to a Point of Curvature of a circular curve concave to the West having a radius of 760.00 feet; Thence Northerly along the arc of sa~d curve through a central angle of 28°28'07", a distance of 377.62 feet to the Southeasterly Right-of-Way line of a proposed 60 feet wide road. and to the Point of Tangency of Smd curve; Thence North 52°28'3 I" East along said Southeasterly Right. of-Way line a distance of 20799 feet to a Point of Curvature of a circular curve concave to the Northwest having a radius of 1030.00 fe~; Thence Northeasterly along th~ arc of ~aid ~wve through a central angle of 16o53'32'', a distance of 303.67 feet to a Point of Tangency of said curve; Thence North 35034'59'' East, a distance of 248.79 feet; Thence South 54°25'01'' East, parallel with and 400 feet from the Southeasterly Right-of- Way line of U.S. 41 as it presently exists, and a distance of 1804 32 feet to the Point of Beginning. Containing 25.41 acres, more or less. Beanngs as mentioned herein are based of the Boundary Map prepared by Tri-County Engineering, Inc., Drawing No. C-1439-1 and do not refer to true meridian. I-1 .i 1.3 PROPERTY OWNERSHIP 1.4 1.5 1.6 The subject property is own(~d by Koger Caravallo and John Gobeil. Habitat for Humamty of Collier County, Inc. is a contract purchaser of the property PHYSICAL DESCRIPTION The development property is located in the south half of Section 33, Township 50 South. Range 26 East., The proposed pr°Ject site is presently undeveloped, but has been utilized in the past for row-crop agriculture. Historically, timbering and cattle graZang have occurred on the property. The majority of the property's jurisdictional wetlands have been extensively infested with the exotic species Melaleuca, Brazilian pepper, and downy rosemvrtle The property is generally without topographic relief, with elevations ranging from 4.3' to 5 8' above mean sea level. Slightly more than half of the site contmns areas of' jurisdictional wetlands which are characterized as transitional wetlands in which the predormnant vegetation is Melaleuca, with a mix of pine and cypress and associated upland and wetland plants The water management system consists of approximately 5 acres of upland and wetland preserve and 12: acres of open space which v,~ll receive runoff from structures, roads and partcing areas. Runoff' is collected bv catch basins and culverx s~tems for conveyance to water management detention areas for water quality treatment which overflows into the preserve area. with the proposed outfall to be at the project's southeasterly comer into an ex/sting ditch which cormects to the Lely C-4 Canal..~dlowable discharge rates will be 0.15 cf's/acre, in accordance with Collier County Ordinance No 90- !0. The controlled perimeter of the water management system '~11 be maintained at an elevation of 5 5' NG'vT) PROJECT DESCRIPTION The Victoria Falls pLrD shall be a single-farmly residential development for very low income farmlies Although the project will not be amenitized tike an up-scale residential development, there will be the possibility to provide areas for social and recreational space. Access to the property w/Il be from U S. 41 via an ex/sting 60 foot easement which will be improved with a 24 foot wide roadway built to County standards Each residential unit will be served with centrally provided potable water, samtary sewer, electric power, and telephone Additional services W~ll be provided as deemed appropriate SHORT TITLE This Ordinance shall be known and cited as the "Victoria Falls Planned unit Development Ordinance" I-2 SECTION H PRO~ECT DEVELOPMENT R~QUIREM~ENTS 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 Victoria Falls PUD development, as well as other project relationships. GENERAL Regulations for development of Victoria Falls PUD shall be in accordance with the contents of this document, PLrl:)-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 tUne of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply 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 time ot' building perrmt application. All conditions imposed and all g~aphic material presented depicting restrictions for the development of Victoria Falls PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD 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 County Land Development Code. at the earliest or nex~ to occur of either Final Site Development Plark Final Plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJEC'I' PLAN AND LAND USE TRACTS The project Master Plan. including layout of streets and use of land is iljustrated graphically by Exhibit "A". PUD Master Plan. TABLE I PROJECq' LAND USE TRACTS TRACT "R" TRACT "lv' TYPE LTNITS/SO. FT. ACREAGE± RESIDENTIAL 115 20.0 5.0 2.4 In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, serm-private) shall be established within or along the various tracts as may be necessary. MAXEVIUM PROJECT DENSITY A maxxmum of 1 15 residential dwelling units may be constructed in the total project area. The gross prOject area is approxamately 25.41 acres. The gross project density, therefore, will be a maximum of 4.52 dwelling units per acre. PROJECT PLAN APPROVAL REQUIREMENTS Prior to Final Local Development Order issuance for all or part of the PUD, final plans of all reqtUred improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County. Land Development Code. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of property 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. The provisions of Division 3.3 of the Collier County Land Development Code, when appticable, shall apply to the development of all platted trac~s, or parcels of land as pro~qded in smd Division prior to the issuance of a budding perrmt or other development order Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common fa¢i~[itie$. 2.6 USE OF RIGHTS-OF-WAY .MI platted project streets shall be public and shall be classified as local streets. Utilization of lands within ail project rights-of-way for landscaping, decorative emranceways, and signage may be allowed subject to review and administrative approval by the Coltier County Community Development and Environmental Servaces Adrmnistrator, or his designee, for engineering ~nd safety consideraUons prior to instatlation. 2.7 AMENDMENTS TO PUD DOCUIV[E~ OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exahibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. ,'vfinor changes and refinements as described in Section 7.3.C. of this PUD document may be made in connection with any type of developmem or permit application required by the Collier County Land Development Code. 2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water manag~aent areas, nghts-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all sermce utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing Victoria Falls PUD. Whenever the developer elects to create land area and/or recreation amemties whose ownersl'dp and maintenance responsibility is a common interest to all of the subsequent purchasers of residential urats or real property within Victoria Falls PUD, the developer shall provide appropriate legal instruments for the establishment of a Property. Owners' .association, or Master Condormmum Association, whose function shall include provision for the perpetual care and mmntenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.9 FILL STORAGE Fill storage is generally pern'utted as a pnncipal use throughout the Victoria Falls PUD Fill mate~al generated may be stockpiled Uathin areas designated for residential development Prior to stockpiling m these locations, an application for cteanng and filling in accordance with Section 32 8 3.6 of the Land Development Code. along W~th plans showing the locations and cross-sections shall be submitted to Collier County Engineering Re,new Ser~qces t'or review and approval The following standards shall apply: A. Stockpile maximum side slope 3 I D Stockpile mayamum height: Thirty-five (35) feet Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan. no fencing is required Soil erosion control shall be provided in accordance with Division 3 7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. [f fill is spread to a height less than four feet over residential development areas which are depicted on an approved Site Development Plan, erosion control is required, but no seeding with grass is required. E Fill storage shall not be permitted in Preserve Areas. 2.10 REQL~RED ENVIRONMENTAL PERMITTING Where the development of land within the Victoria Falls PUD requires a permit from a local. State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 64.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Platt, a minimum of 635 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retain.~d_~.._or~mitigated through replanting. .-'. ' . 2.12 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2733 of the Land Development Code. upon adoption of the PL~D Ordinance and attendant PUD Master Plan. the provisions of the PLq2) document become a pm or' the Land Development Code, and shall be the standards of development for the PUD. Thenceforxh. development in the area delineated as the PUD District on the Official Zoning Atlas ~ll be governed by the adopted development regulations and PUD Master Plan. II-4 SECTION HI RESIDENTIAL DEVELOPMENT 3.1 3.2 3.3 PURPOSE The purpose of this Section is to identi~/ specific development standards for areas designated as Tract 'qt," on the PUD Master Plan, Exhibit "A" .MAXIMUM DWELLING UNITS The maximum number of residential dwelling umts allowed Unthin the PUD shall be established at the time of dewelopment plan review, but shall not exceed 115 dwelling units. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single-Family detached dwellings. B Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, and swimming pools with or Vathout screened enclosures. 2) Utility facilities and/or easements (including rights-of-way easements) 3) Signase (see Section $~ 10 of this document). 4) Water management facilities. 5) project recreation facilities; project admmistraUve offices, which may occur in recreational buildings and/'or in a temporary building until such time as permanent structures are available. 3.4 DEVELOPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure. Condominium/homeowners' association boundaries shall not be utilized for determining development r, mdards. B. MINIMUM LOT AREA: 3,500 square feet. AVERAGE LOT WIDTH: 50 feet. Note: Lots located on a cul-de-sac or the radius of a curved street shall have no less than 80% of the required Io~ width at the front setback line. ! i .MIN~MU~%I YARDS (Principal Structuresl Front Yard: 20 feet Side Yard: 7 5 feet Rear Yard: 20 feet. .Minimum Distance Between Structures: 15 feet. MINIMUM YARDS (Accessory Structures): Front Yard: Same as principal structure. Side Yard: Same as principal structure Rear Yard: Detached: 20 feet. Attached: I0 feet. SPECIAL SETBACK: .all structures shall maintain a minimum 30 foot setback from the project's south property, boundary.. MINI~tL'M FLOOR AREA 1,000 square feet. OFF-STREET PARKING AND LOADING REQL~LEMENTS As required by Division 2 3 of the Collier County Land Development Code in effect at the time of building perrmt app[icat,on MAXTML,'M HEIGHT 20 feet III-2 SECTION IV PRESERVE AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated az Tract ~P", Preserve Area on Exhibit "A", PUD Mas~er Plan, The primary function and purpose of this Tract is to preserve and protect vegetation and naturally funCtaomng habitats, such as wetlands, in their natural state 4.2 USES PERMITTED No building or structure or part thereof, shall be erected a~tered or used. or land used. in whole or in part. for other than the follovang, subiect to regional. State and Federal permits, when required: A. Principal Uses: l) Open spaces:Nature preserves. 2) Water management facilities. .Mitigation areas. Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies IV-I SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 PURPOSE The purpose of this Section is to set forth the development comrmtments for the development of the prOject. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherWse, the standards and specifications of the Land Development Code of 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 comrmtments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezonmg of the prope~,. In addition, any successor or assignee in title to the developer is bound by any comrmtments within this agreement. These commrtments may be assL~,ned or delegated to a condormniurrv homeowners' association to be created by the Developer Upon assignment or delegalion, the Developer shall be released from responsibility for the commatments. 5.3 PUD MASTER DEVELOPMENT PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made fi.om time to time. ,MI necessary, easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Commumty Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Victoria Falls PUD Mas~er Plan upon written request of the developer 1 ) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier Coun~ Growth Management Plan and the Victoria Falls PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7,3.5.1. of the Collier County. Land Development Code. V- ! 5.4 The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrtmental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limi~tions of Subsection 53 C. 1 ) of this document: Reconfiguration of Preserve Areas, jurisdictional wetland timits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. Reconfiguration of water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c Internal realignment of roadways. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Area. 3) :Minor changes and refinements, as described above, shall be reviewed by appropriate Coun~ staff to ensure compliance W~th all applicable County. Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. SCHEDULE OF DEVELOPI~NT/MON1TORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions o£ Section 2 7 3 4 of the Land Development Code, An annual PUD momtorm8 report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The proposed new road connecting this project to U. S. 41 shall be completed and available to uaffic before any certificates of occupancy are issued. Prior to the issuance of the first Certificate of Occupancy, and subject to Florida Department of Transportation approval, the developer shall provide a right mm deceleration lane, left mm storage lane and a new median opening on U.S. 41, if required. 2.6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to the South Florida Water Managemem District (SFWMD) for review and approval. No construcl~on permits shall be issued unless and until approval of the proposed construcUon, in accordance with the approved plans, is granted by SFWMD. At the time of construction permit, the applicant shall provide information on the existing ditch to be used as the ouffall. This information shall be reviewed by Public Works Engmeenng Department Staff, and shall be include but not be limited to cron-sections of the ditch, any drainage easements, and calculations pertaining to its capacity and any necessary improvements. UTILITIES The development of this PLq3 Master Development Plan shall be subject to and governed by the following conditions: Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance Wkh Collier County. Ordinance No 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 5.8 ENVIRONMENTAL The development of this PLq2) Master Development Plan shall be subject to and governed by the folloWing conditions: Environmental perrmmng shall be in accordance with the State of Honda Environmental Resource Permit Rules. and be subject to review and approval by Current planning Environmental Staff. Removal of exotac vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, extending at least fiPceen (15) feet landward fi.om the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Staff. V-3 The petitioner shall comply W~th the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Honda Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current planmng Environmental Staff for review and approval prior to final site plarVconstruction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) 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 Final Site Plan/Construction Plan approval. A commitment to scheduling of initial exotic removal within all the preservation areas shall be a part of this plan. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plaru Conservation and Coastal Management Element and the Collier Counw Land Development Code in effect at the time of final development order approval. This PUD shall be subject to the provisions of Section 3.955.3. of the Collier County Land Development Code, wherein 25% of the viable naturally functioning native vegetation on-site shall be retained ia rmnimum of 6.35 acres). The Preserve Tract has been designated has been designated to preserve 5 acres; the remaining I 35 acres shall be identified at the tUne of the first development order submittal. 5.9 ACCESSORY STRUCTURES Accessory. structures may be constructed simultaneously with. or tblloW~ng the construCUon of the principal structure, except for a construction site office and model center 5.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code 5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally pen'rutted as a prmcipal use throughout the Victoria Falls PUD, except in Preserve Areas. The following standards shall apply: A. Landscape berms shall have the maximum side slopes: 1 ) Grassed berrns 4:1 2) Ground covered berms 3:1 3) Rip-Rap berms t:1 4) Structural walled berms may be vertical Fence or wall maximum height: 9 feet, as measured fi'om the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape I~im. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, !: !, or vertical). Pedestrian sidewalks, bike paths, water management facilities~and stt~/c~cureff r~;~' V-4 ; "'" AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONL'S AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the __ day' of . 1999. by and betv, een Habitat tbr Humanit,: of Collier Count'.,, Inc. {the "Developer% and the Collier Count~ Board of County Commissioners Ithe "Commission"l. RECIT:\LS: A. The Developer owns a tract of real property' described as I complete legal description~ See Attached "Exhibit A" (The "Property") The legal and equitable owners include Glenn Talbolt, Gobeil Group. and Rouer Carvallo It is ~he Developer s intent to construct a maximum of l 15 residential units i~:he "I 'ilitS") at a density ot'_4._.~ __.41 acres. Thenunlber t_t!_~tX per gross acre on the Property. The gross acreage of Property is oI afrbrdable L'mts constructed by Developer shall be 115 , representing _1~1___2 percent of the total number of residential Units in the development. B. In order to construct the L'mts. the Dc~ eiopcr must obtain a densnv bonus from the Commission for the Property as pro~ided lbr in the Collier County Aflbrdable Housing Densit5 Bonus Ordinance No.90-$9. which density bonus can only be granted by the Commission m accordance with the strict limitations of said Ordinance C. Fhe ('ommission is wilting to grant a densm,' bonus to the Dex eloper authorizing the construcnon of 39_ bonus ['nits on the Propert5. tt'the De,.eloper agrees lo construct afi'oFdable L'nits as specitied in this Agreement and thc Developer cox chants and agrees to use thc affordable units onl,. as rental property NOW, THEREFORE. m consideration of the appro', al and granting of tile dens:t'~ bonus of ?_2)_ umts per acre requested by the Developer and the benefits conferred thereby on the Property, and Ibr other good and valuable consideration, the receipt and sufficiency of xvhich are hereby acknowledged, the Developer and the Commission hereby covenant and agree as fellows: 1. Recitals. The above recitals are true and correct and are mcorporated herein reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct 11___~5_ affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendix A. Exhibit A and Exhibit B, which Appendix is incorporated bv reference herein and constitutes a part of this Agreement. Units at the Property which are not an affordable Unit I"Market Rate Units") shall be e:q provisions of this .~._m-eemcnt and may' be ieased or rented bv the Developer on te,~'-ms a.nd condmons acceptable to the Developer :n its sole discretion, \Vitkin forty-five (45/ da.,.s ffc, m the date that notice is received 5:om he Commission, the Developer shall provide on-site management to assure aporopnate security,, maintenance and appearance of the development and the dwelling Units. a. The following provisions shall be applicable to the affordable Units: {I) Definitions..amy, and all definitions provided by Ordinance No ~0~89. as amended, are hereby incorporated by reference. Phasing shall mean ia) the ph~ed cons:rucuon of buildings or structures m sops.rate a.nd distinct stages as shown on a PUD master pl~",, subdivision master plan or site deveiopment plan; or (b'l :n developments where phased const:-acnon ts nat depicted on a ?L"D mas~er pian, subdi','ls~on master plan or s~te development p'.an, the construcnon of bu:i&ngs or structures :na c!ea.rlv dee]ned se~es of staNs and ~,nishes that are separate and d~stmct ~tthm the development. Base Rent. The monthly base rent for the affordable Units shall be m accordance with the rents specified :n the attached .*p~endix .K. Exhibit A. ,, month!,, rent may be increased each ,,'ear fi-om the date of this Agreement as long as the rent does net exceed one-t~e'.:'ti~ ~1. 125 of 30 perce~t of an amount which represents 50 percent ~for veo' !ow income), and ~0 percent (for !ow mcomel of the then applicabie mod:an adjusted, gross armual incone for the household as published annual',,, bv the US. Department of Housing and Urban Development for :he area defined as the Naples Metropolitan Statistical .~ea ~.MS.~.~ The foregomg nop~thstandmg. an,,' rent charged for an affordable ~ous;ng umt rented :ea [o's :ncome or ',e.,-v '~o,,k :ncome snaii r,o: exceed 90 percent of the rem charged for a com_'zarab'.e market rate dv. ei'.:ng ?, '.M sam. e or s;m,.iar de', elopment 13'~ .bledian Income. For the purposes or*this .Kgreement. the median income of :he area as defined 05 the L'S Department of Housm_.. and Tr'=an De'.eiozmen: (H!_'D'~ shall be :he then current median income for :he Naples .Metropoi~tan S:a:,.st:ca! .-krea. estabi:shed by HLT) and published in the Federal Register, as ad3us~ed for t'amitv size as shown on :he tables attached hereto as .Appendix A, Exhibit C, ,.vhich Exhibit shah be adjusted from time accordance w~th any' adjustments that are authorized by H%'D or any successor agency. In ~he event tha~ HUT) ceases to publish an established median income as aforesaid, :he parties hereto shall mutually' agree to another reasonable and comparable method of computing adiustments i~. median income Ehg:bility and Qua!if~cat',o:', of Tenant Famtb: income ettgtbdlty ~s a three-step process: !') submittal of an apphcation by a prospect:ye tenant; 2! ,/enficauon of family' income; and 3) execution of an income certification form. All tbs'ce steps shall be acco nptished prior to a tenant being qualified as an eligible family to rent and occupy an affordable pursuant to the affordable housing density bonus program No person shall occupy' an 2 !:ousmg un:[ provmed under the affordable kousing dens::',' bonus program prior to being qualified ~t ~he appropriate level of incone ~!ow or vet: Iow income~ m accordance w~th this Section. The Developer shall be responsible for quall~'ing tenants by accepting apshcauons from ten.ts, '.enO'ing income and obtaining income cemficatlon for all affordable unus m the 2evelopment. All applicauons, fo~s ~d other documemaUon regmred by this Agreement shaii provided to the Housing and Urban Improvement Director Q~alification by the Developer of any ~en~: as an eligible tenant fmiiv shall be subject to review and approval in accordance ~tith the mom:onng and enforcement program created and adopted by Resolution of the Comm~ss:o~ (a, Appl:cation A po:en'.:ai '.enxn: shall apoi? ~o the owner, manager, or agent :o quahfy as a io~ or ~ew io'.~ income :'amfl) for :he pu~ose of rent,n< and occupFmg an affordable hous:ng rental umt pursuant to the affordable housing denser5 bonus pro.am The PreliminaG' Applicat:on for AffordaNe Housing L'nit shall be provided bv the Housing and Urb~ :mpro'.ement D~rec:cr as shown m Append:x B, Exhibit A, aUaci~ed to this kgreemen: and mcoworated 8'~ reference hereto. ::ti 4c~::~e~ :n ~ccor.x~nc~ ,~ :tx :':',5 Agre~m~:t ::nd C~r~:F~nct No Gq-~9, ~5 3mended. ~5 a ,tn, ',o'.t ct:come :'am:h Tenant income '.er. float:or, an< cox:cleat:on shall '~: r~peated annua:ix .:ssure :onunued ehgiNlit7 Income Venficatto:: lice Dc'.elo~e: shall ob:itt '.~r:uen : ,::cc:::c,:nctudm~thecnhrehouseho!d} Thc most recent '. car s :'eleral :nc.ometax return for the ::oter,::a: :ccupants ,:nc,uding the enure househo',d~ :::z~ a: used. ~or '.::e pzmosc ,~'- ,enflcati'n. :f attached to the Affordable Housing .qzc:tca;:: income h'erificatton :'~n. '.~htch nciuces a statement :o release :nl'o~,auon. tenant ven:!cition of the return, and i signature block .,.~tn th.~ :ate of ~?pi:cat'.on The '.enfica:;o;; shall ':cs .al:d ::r zp to :;:::::k' "~ la'.~ mr:or :ccupanc} Uponexplrat;or, oftheg0da) penod, the:r,:b~at:on may oe~erba]',:, updated from the r.g:r.a~ sources :bt act add:t:cna~ 39 days. pro',tded t: has bee:: lccumented 5'. the perso:: :>resarm~ :ne on<ct, ak ~enlicauon A:'ter :h~s ::me. a ne~' ~enficat:on :b~ must be comp'.eted The Affordable Housing Apphcant !ncome Venficauon form sitaii be provided b:. the Housing and Urban improvement Director as shown tn Appendix B. Exh:N: B, anached to tins Agreement and mco~orated by reference hereto. ~dl IncomeCemf~cauon U'ponrece~pt or,he Prehmmao~ Apphcauon for A:':brdable Housing Uni~ and Affordable Housing Applicant Income Verification fo~. the Developer shall reqmre ~hat an income cem~cat~on :'a~ shaR be executed by the potent.al . including ~Ne entire househotd~ prior to rental an~ ocaupanc} oi the affordaNe housin~y tenor,: income centficat;on shall assure that:he poter,~:a~occuoar.:hasa'iow or veD'!o' '.th:ch e, uah:les txe '~ '~-"',~ as ' ~c~., .... occt.:pant an e;~a:oie ~a:n:i',' to rent and occuD} i - housing 'a."ut under the affordable housing density, bonus program. The Affordable Housing A. pplicant hncome Certification form shall be provided by the Housing and Urban Improvement Director as shown tn Appendix B, Exhibit C, attached to thus Agreement and incorporated by reference herein. include the (e) Rental Agreement. At a minimum, the rental agreement shall following: name, address, and telephone number, of the head of household and 'all other occupants: (u) a description of the unit to be rented; in:) the term of the lease; (iv) the rental amount; (v) the use of the premises; Irt) monitonng and enforcement provisions, including disqualification of tenant: and !an) the rights and obligations of the parties. Random mspecuon of 5!es contain:rig required Joca,'r,.entauon :3 '.en.<. occu=ancv tn ~:ccordance '.~ith tl",:s .*a ....... n, ,',d Ordinance N'o 9'~-~c, as :men,xed. '-'~' ~,~ concucte.z ",', :he Housing and Urban Improxement Director (5) Disqualification of Tenant. in the event that tenant qualificauon is not ~ubsequently confirmed by the Housing and Urban Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant '.'acanon of the affordable unit is the result o;- '-n error, omission er misrepresentation marie b', 3e','elo=er tenant shall vacate the affordable unit within thirty ~30) days a. nd Developer sba',; pa.,,' penaltms as provided bv the momtonng and enforcement program. If tenant vacation of the affordable umt ts the result of a misrepresentation made by the tenant, tenant shall vacate the affordable unit w:thtn l 5 days and si,all pa.,, pena',ues as prox;ded b', the momtonng and enforcament ?:ogra.m. Sunk e"e:"uaitt', sha',l be expressl'.. 2etailed tn the '.ease agreement bet~'een Developer ~.Z tenant ,6) .-M,w. uai Progress and .X, lonitonr,~:~ .R~-o,''.~ ,,. The Developer shall pro;'lde :he Housing and Urban lm=rovement Director an ann. ua[ progress aaa mon::o:",".g re:o:-: regarding the deb'. er'5' of affordable housing rental units t'm-oughout :he =er:od of :heir constp, zct~on, renta! and occupancy, The a'muai progress and momtonng repo= shall, at a mm~mum, provide an,,,' :nformauon reasonably requ:red to insure compliance 'o, tth Ordinance No 90-89 or subsequent amendments thereto. The report shall be filed on or before Sep:ember 30 of each Fear and :he repon shall be submitted by the Developer to the Housing and Urban Improvement D:rector. Failure to complete and submit the monitonng report to the Housing and Urban Improvement Director within sixty (60) days fi'om the due date shall result in a penalty of up to tiff,,,' dollars ($50.00'~ per day unless a written extension not to exceed thirty (30) days ts requested prior to exp~ranon i60) day submission deadline· No more than one such extension may be granted in a The pro~ess and monitoring report shall be tn a form provided by the Housing Improvement Director. of the s~xty smgle .','ear. and Urban , ..,,,' ,. 3:273 \ - ~-~, Occupancy R. esmctions. No Affordable Un:t :n ~my building or structure on the Proper? s,,a,~" be occupied bv the Developer, mnv, person related to or affiliated with the Developer, or b> a res;dent manager. 3 Density Bonus. The Commission hereby ackno~ledges that the Developer has met ail required conditions to quatiff' for a density bonus, in addition to the base residential density of 2 umts per acre. and is therefore granted a density bonus of 1.5 dens,iv bonus units per acre, for a total ftc:al = density bonus units per acre X gross acreage) of 29 dens:tv bonus units· pursuant to Collier Count>' .Affordable Housing Density Bonus Ordinan:e No. 90-89 The Comzmss:on ft.trther agrees that the Developer ma7 construct :hereon, in the aggregate a maximum number of 115 units on the ProperD' provided the Developer is able to secure building :~ermit(s) from Collier County Comm'~ss~on .Agreement. D'.~nnz :he term. o:' :~::s .-k. greement. :'.ne Commission ac:cng :bzeugh the Hous:ng and J'?,an ~':nprovemen~ Department or .':5 saccesson s~ co'~'enan~s :and agrees 'o prepare and make avaiiable to the Developer any general :n:-~,.mnat:on tba: :: possesses regarding :accrue turn:tenons a.nd resmctions which are applicable :o :he affordable Unit. 5 Violations and Enforcement a Violations. l: shall be a v~olatlon c,f tints Agreement and the Collier Coun:,~ A.f:brdab~e Hous:ng Dens;:" Bonus Crd:nance to rent. :eel -5 :::up,.,, or g::erz.?,t :o re.z.:, sci! or ,;cup'.,. an affordable hous;ng :e.'z.:al ar.:: ~ro',',,ded ',:'.".der :'.-~ ~ffordabie :~.3us:ng dens:t', bonus program, except as s~cc~:-',caii,,. , permit:cd bv, the to. ,'-ms of :~,:s ."~-s .......... ...... ~ .... ",ar :~: '.,:no',', m,ziv_. _~e false cr mislead, ma :nt'o:mnauon with respect to any information rOd',erred or requested by the Hous:ng and ...~rro,,ement Director ,or b> tony other persons pursuant :o ',he au:hone', whtch is deleRated to ',hem b', ',he Ordinance egree.~..er:: The method of er.:'orcement :or a breach or '.:o.~:r.:or:. of thcs .-klreemen: shall se at the ~ptton et'the Comm:sslcn bv criminal enforcement ?ursuan: :c :he ?rov~s~ons of Sect:on !'~< 69. Florida Statutes, or by' ct','il enforcement as allowed by law b. Notice of Violation for Code En£orcemen: Boa.rd Proceedings. Whenever ~t dete.'-mmed that there is a recta:ion of this .~,,greement :hat sh,~uld be enforced before :he Code Enforcement Boa. rd. then a Notice o£ V:o!ation shall be :ssu~c: and sent b>' '.~-.e Noun:ha =ad Urban improvement Director b', ce,":xfied return-receipt requested U $ Mail, or hand-deil~er5 to the person or de~eloper in violation of the Ordinance. The Notice of Violation shail be :n wn:mg, shall be s~gned and dated by the Housing and Urban improvement Director or such other Counq.' personnel as ma.,,' be authorized by the Board of County Commissioners, shall specify the violauon or ',lOin:ions, shall state that said violationsts) shall be corrected v,~thin ten el0) days of:he date of the Notice of Violation, and shall state that tf said violationl, s) isare not corrected by the specified date .n the Notice of Violation, the Housing and Urban [moro',ernen: Director shall issue a shail state the date and time of issuance, name and ad~ress of the person :n vtolanon, jdate of the '.iolation, Section of this .~,~eem, ent or of Ordinance No. 90-$9 or subsequent amendments thereto '.:ola:ed. nm-ne of the Heus:ng and U:ban Deve!o:mer.: D:re,::or, and date and nme ,.,.hen the ', :oiator shall appear Oefore the Code Enforcement Boa& c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or w:th Oral:nonce No. 90-89. as amended, at the option of the Commission, building pen-nits or certificates o:' occupancy, as applicable, may be '.,.'rib.held for any future planned or otherwise approved unit located or to be located upon the Property until the ennre project ',s tn f~li compliance v, tth this Agreement and ,.,..lth Ordinance No 90-89. ~s amended. - 6 Assigmmen: by Commission. The Comm:ss',on ma.,,' assign ail or pan of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advancev, ntten notice thereof The Developer _ o,,,u.~.,.tse transfer a'.! or pa.~ ct' ::s axe:es, cb[lgat:ons, or prom:sos under may not asstgn, delegate or '~- 'ms .--X._<reement to ar.'~ s,~ccessor :n :merest to the Prope,,z.) 'x :tho~.t :he express v. ntten consent of the .Zomrmss:on, v, hich censer.: ma,.' be ',~thkdd for an',' reason '.,. na'.soe,,er An'~ a:teme: :o ass:?, the 2uues. obl,gations, or prom:sos '~:nder :h',s Agreement :c an,.' sxccessor :n ~r. terest to ,,he Propen} '.,,tthout the express ',,.ntten cop, sent of the Corm'n:ss~or, as rec:,,::'e,: b', :h:s Sect:or. shaY, 'me '.o:d ab ..ntt;o - Severabiiity If an}' secnon, phrase, sentence or roman of this Agreement is for any :eason held invalid or unconst::ut:onal by zr.y court of competent ;':nsdmt:on, such pomon sha',l be deemed a separate, disnnct, and independent pro','tslon, and a!i other pre',',s:ons shall remain effectt','e and binding on the parties. S Not:ce..aw.'..' nouces desired or required to be gv.'en under th~s A. greement shall be tn .~ntm'a and shall e:ther be r>er;onail', ~;' ~ sba',', be ~".' _ . ,.,~,xe,ed or sen: ~ mall. postage prepa:d, to the tar'tins a~ :he foilo,.vmg adcresses To the Commission: Housing & Urban lmpro'.ement Dept. 2800 N. Horseshoe Drive Naples, F!onda 341 To the Dove',opera Habitat for Humanity of Collier County, Inc. 11550 East Tmmiami Trail Naples, Florida 24113 .an.,,. pony may change the address to which nouces are to be sent by notifying the other party of such ne,.',' address in the manner set forth above. 9 .~.uthonty to Monitor. The parties hereto acknowledge that the Director of Collier Count.,,' Housing and Urban improvement or his designee sba'.', have the authority to mom:or and enforce Developer's obliganons hereunder ':5. Inderrmify. The Developer hereby agrees to protect, defend, indemnify and hold ,To:,iier C'~mn~' and its officers, empioyees, and agents harm!ess ff~m a. nd against any and all claims, penalti¢s, dmag~s, losses ~d ~xpens~s, professional less, including, without limitation, r~onabl¢ attorney's fees ~d all costs of litigation ~d jad~ents ~sing out of ~y claim, will~l misconduct or negli~snt act, ¢~or or omission, or ltability of ~y kind made by Developer, its a~snts or employees. ~sing out of or incidental to the perfo~,~ce of this Agreement i ' Coronets. The Developer agees that all of its obligations hereunder shall consntute coronets, restrictions, ~d conditions which shall ~ with the l~d and shall be binding upon the Propem/ ~nd against eve~ person then having ~y' ownership interest at any time and from time to nme unn! this Agreement ~s te~inated m accord~ce w:th Section ~4 below However, the pames a~ee that if D¢v¢Ioper tr~sfers or conveys the Prop~y to ~other person or entity, Devdoper shall haw no ~amher obligation hereunder ~d any person seeking to ¢nforc~ the t¢~s hereof shall look solely to Devdoper's successor m interest for the perfo~ance t:' said obligat~ons 12 R¢cord:ng This Agreement shall be recorded 2: Da'.'¢~oper's expense :n records of Collier County. Florida. 1 3. Entire A~eement, The p~ies hereto agree that :h:~ Agreement consmutes !he enure A~eement be~'een the p~ies hereto rand shall ~p,~e :o ~nd be 5:nd:ng upon :ke:r respec::'.e successors. ~d asszgns. To.marion. Each affordable housing un:t shall be restricted to remain and be mamta:ned as the q.~e cf affordable housing rental xn:t ~io'.. er ve~' lo~ :p. come) des~smated accord~ze '~ttth this Agreement :hr at '.east fifteen ,'.5~ '.cars ~rom :he date of .~saance CemficateofOccup~c5 Sorsuch xnit. After fiReen{lf,':e~sth:s Agreementmav tea. mate upon z date mutually agreed upon by the p~ms ~d stated in wnung 15 Modification. This Agreement shall be modxf, ed or amended only bv :he written .::reemcz: ,)f both Dames : :) D~scnmma:~on a. The Devdoper agrees that n~ither it nor ~ts agents shall al;scrim:nato against ~y tenet or potential tenet because of said ten.ts race. :zlor, religion, sex, national f~diai status, or h~dicap b. kk~en the Developer advemses, rents, sd~s or maintains th~ affordabl~ housing umt, it must adve~ist, rent, sdl, ~d maintain the sine in a non-discnminato~ ma~r shall make available any rdevant info.anon :o an': person who is interested :n renting or purchasing such affordable housing umt. c. The Developer a~ees to be responsible for pa~ent of any real estate co~iss~ons ~d fees ~sessed in the rental or p~ch~e of affordable umts. d. The affordable housing ~ts in the development shall be identified on all building pI~s submmed to the Co~ty ~d descnbed tn the Developer Application H°usmgDensiwB°nus' i ' .~L e. The a:':'ordabie housing umts shall ~¢ :::~c,.~m,,,,xcd ~t~i~,, and not segregated ~em, :h~ m~ket rate d',ve~,,.,.g mni~s m the f. The squ~e footage, cons~ction ~d design of the affordable ~ousing umts shall be the s~e as market rate dwelling units in the developmem. All physical amenities m the g'.veiling 'amts, as described :n :tern number seven (7) cf' the D~,:e!oper Appl:cat~on tbr Affordable Housing Density Bonus shall be :he s~e for m~ket rate units ~d affordable umts. For 2eve!opments where construction t~es place in more rh~ one ph~e, all physical amenities as 2escnbed tn ~tem number seven (V) of the Developer ATplica::jn for Affordable Housing Dens~ty Bonus shall be the same zn both the market rate umts ~d the affordable umts m each phase. Umts :na subsequent phase may contain different amenities than un,ts ~n a previous phase so long as the amemties for market rate 'an:ts and affordable un,ts are the sam~ 'x::h:n each ~hase and pro~ ~ded that ::: no o',eat may. a market rate un:t or affordable umt ::~ an'_, ~','"~e ..... contain ¢~.xs:ca[. . amer.~tles tess :kan tP. osc described in the Developer Application. I- Phasing. The percentage of aftbrdable housing umts to ~h~ch the Dove oper has ::~m~itted for the total development shall be maintained :n ¢2:n phase and snal'. 5e constructed as ~a~ofeachphaseof~b, ec~'.'c[eamenton:~,e Prope~i.' ~,~'.e.~:~r ca~m.ts :7 I00 ze'.e~epment arc designated as affordable 'az. us:ag units Consistency This Agreement and autl:o::z~d d:'.eiooment s2al', be consistent z2~ :o r'ne development :o :he ex[em that tk, e'r' are not :n :onf,~c: '.~',:h the number. :?po of affordable housing umts and the amount of affordable housing density bonus approxed fc.: t'ne 5e'.'e~opment. Affordable Housing Dens,tv Bonus Dc', :~opme:u Ag:'esmen: T'.us its:inet and separate agreement from development agreements as defined 'o'~ Chap:er 163 _:22,~J. Fin Stat t igsg~dasamended Preapplicauon. Developer has executed and suom~tted to the Deveiopmen~ Se~'ices D~rector the Developer Appitcatton for Affordable keusmz_ ~ens.r~ ~ '.' Bonus. a com~' auached to this Agreemem as Appendix C and inco~orated b': reference here:n 22 Governing Law This Agreement shall be governed by and constn~ea m accordance · ~::n .... ~a'~ s of the Stare of Floc. da. 13 Fu~her Assurances The pan:esb, ereto s).allexe:u:e and del:', er. mrecordabie fo~ et' necessa~, any and ali doc'am, ears. cemfica[es, mstmmems, and agreements which may be ;easenabix required ~n ,order re effectuate :~e ~ntent of th;s x~areement Such dd:uments include but not be limited to an,,' document requested by the Developer to exhibit that this .Agreement has terminated in accordance with the provisions of paragraph 14 above. IN' WITNESS \VHEREOF. the parties hereto have caused this .Agreement to be executed as of the day' and 5'ear first above written. ATTEST: D\VIGHT E. BROCK. Clerk BOARD OF COt .~TY COMMISSIONERS COLLIER COL'N I"F, FLORIDA P.-\MELA S. MAC'KIE. CHAIRWOMAN Witnesses: Approx ed as to Ibrm and legal sufficiency: Heidi F. Ashton .\sststant Count,, Attorney DEVELOPER Habitat 4bt Htwfla~!t5 ok' Collie:r_ ~,mntv. lnc. :~ Dr. Samuel J. Durso MD.. President STATE OF FLORIDA ) )ss. COL%'TY OF COLLIER ) The l'oregomg .Agreement Authorizing Affordable Housing Density Bonus ,And Imposing Covenants .And Restrictions On Real Property was acknowledged betbre me bv WITNESS my hand and official seal this /'..2,, {_ ~oo-~,or~', =', ,.,~s .... ~,~,,~,,,co_] :~/ Notar',,' Public dayof ~'~ .:,_.--,~z-,,L. , 1999. "EXI~IBIT A" VICTORIA FALLS LEGAL DESCRIPTION A parcel of land lying within Section 33, Township 50 South, Range 26 East, Collier County, Florida, being more specifically described as follows: From the Southeast comer of said Section 33, bear North 89053'49" West along the Southerly lines of said Section a distance of 906.52 feet to the Point of Beginmng; Thence continue North 89053'49'' West along said Section line a distance of 1720.16 feet to the Southwesterly comer of the Southeast Quarter of said Section; Thence North 89059'22TM West along said Section line a distance of 94.58 feet to the Easterly Right-of-Way line of Barefoot Williams Road, having a 60 foot Right-of-Way as it presently e,,cists; Thence North 9003'22'' West along said Easterly Right-of-Way line a distance of 15891 feet to a Point of Curvature of a circular curve concave to the West having a radius of 760.00 feet; Thence Northerly along the arc of said curve through a central angle of 28°28'07", a distance of 377 62 feet to the Southeasterly Right-of-Way line ora proposed 60 feet wide road, and to the Point of Tangency of said cur~e: Thence North 52°28'31" East along said Southeasterly Right-of-Way line a distance of 207.99 feet to a Poim of CurYamre of a circular curve concave to the Northwest having a radius of 1030.00 feet; Thence Northeasterly along the arc of said curve through a central angle of 16053'32'', a distance of 303.67 feet to a Point of Tangency of said curve; Thence North 35034'59" East, a distance of 248.79 feet; Thence South 54°25'01'' East. parallel with and 400 feet from the Southeasterly Right-of- Way line of U S. 41 as it presently exists, and a distance of 180432 feet to the Point of Beginning. Contaimng ..541 acres, more or less Beanngs as mentioned herein are based of the Boundary Map prepared by Th-County Engineering, Inc, Drawing No C-1439-I and do not refer to true meridian APPENDIX A. EXHIBIT NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS LOW INCOME Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL NUMBER OF UNITS BASE RENT Single Mult: Singie Multi Family Famii.,,' Family Famil~ VERY LOW INCOME Efficiency 1 Bedroom 2 Bedroom ~ Bedroom 4 Bedroom TOTAL !15 (l) Baserestdentiaidensityal!owed;nth:sde:'e!cvment 2 umts, acre (2) Gross acreage 25,41. (3) Maximum number of affordable housing dens;ty bonus umts allowed in this development pursuant to Section 7 Ordinance 90-89. 1.5 umts;acres. (4) Gross restdential density of this development (including affordable housing density bonus units) 4.5 units/acre. (5) Percentage of affordable units pledged by :he developer (as a percent of' the total number un:ts m the deveiopment) 100 ~'~ APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENS'ITY BONUS RATING SYSTE:M Section 7, Ordinance No. 90-89, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are :nstrucuons for and the tables with which to calculate the density bonus for a particular project Exhibit C contains t?.e cu~ent median :ncome and acceptable rents for Iow and very iow income households tn Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, smgle-famlIy or multi-hmily) and percentage of affordable housing units m the development. To use the affordablehous:ng density bonus rating system, Tables A and B. be!ow, shall be used. Tables A and B shall be reviewed a. ld updated ~fl necessar,,' on an arm, ual basis by the Board of Coum? Commissioners or :~s des:ghee First. choose the household income level (moderate, Iow, or ve,,-,,, [ow't oft tl:e affordabie housing unit(s) proposed in the development, and :?lo type of affordable housing umts (o~.ner-occupted or rental single-family or muiti-famiiy, where appiicable) to be provided, as shown in Table A. Then, refemng again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s) An affordable housing density 5onus rating based on the househo[d :ncome level and the number of bedrooms is shown :n Tab:e A After the affordable housing dens:fy bonus rating has been defoe-named :n Table ,*. locate :'~ :n Table B, and dete.?nme the percent of that type of affordable housing umt proposed m the .2e'.e'.opment compared to tko total number of dwelling un:ts m the development From this dete,wmnauon, Table B ,.v~il indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residenuai dwelling units per gross acre are the maximum affordable housing density bonus ~.42'--iDB) available to that development. De~eiopments with percentages of affordable housing un:ts which flail tn between the percentages shown on Table B shall recmve an affordable housing denswy bonus equal the lower of the m,o percentages tt lies between plus l,'10th of a residenuai d',veihng umt per gross acre for each additional percentage of affordable housing rental un:ts ;n t?,e development For example, a ~:'.e'.opment wh:ch has 24°~ of its total resldent~M dwei','.ng 'zmts as affordable housr,~g umts, and .~ntch has an affordable b. ous:ng density bonus rat:ng ce- four" '.,,ill rece:ve an affordable housing dens:t', bonus ~.*HDB) of 4 z residential dwelling '.:nets ocr 3ross acre for the deveiomnent Where more than one t2y.'pe of affordable housing unit (based on level of income ant number of bedrooms shown in Table A) Is proposed for a development, the afford~.ble housing density bonus t'or each type shall be calculated separately :n Table B. A2er the affordabie housing dens~ty bonus calcu!ations for each type of affordable housing umt have been complt:ted in Tabte B, :he affordable housing density bonus flor each t)pe of un;t shail be added to those flor the other type[s) to determine the maximum affordable hous:ng density bonus available for the development. In no event shall the affordable housing d,:nslty bonus exceed eight (8) dwelting '.re:ts per gross acre. APPENDIX A. EXHIBITtll AFFORDABLE HOUSING DENSITY BONUS FL~,TING SYSTEM TABLE A: AFFORDABLE HOUSING DENSITY BONUS RAT]lNG LEVEL N-L~.BER OF BEDROOMS/LLNIT OF HOUSEHOLD ,.~COME EFFICIENCY 2 3 OR AND i MORE MODERATE ~ OV~%'ER-©CCU?IED, $ rNGLE-F,~MIL \'" LOW (OV~%~ER-OCCL?IED OR RENTAL SEqGLE-F.~MILT OR .'vfUT, TI- FAMILY) 2 3- 'For cjusterhousmgdeve!opmentsintheUrbanCoastaiFr!nge, add i d~nsx', bonusteobtain2 TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFQFLDABLE HOL'SI~. 'G 5:'ENSITT BONUS °:: OF AFFORDABLE >~OL'S~© L .'XtTS i 0 0 1 , 0 t ' Please calculate .','our densit%' bonus in the space provided below. Attach additional pages if necessar%'. APPENDIX A. EXHIBIT C INCOME AND RENT LEXELS FOR THE LOW AND MODERATE INCOME. P,~suant to the Impact Fee Ord_izances, adopted by the Board of Cotmty Commissioners, :December 1992, moderate income is 61% to $0% of the medsmn income. Iow income is 51% to 60% of the 77, edia.n '.ncome and very. Iow income is less 'than 50% oft.he median income. S$9,100 MEDIAN INCOME 1999 Naples, MSA (Collier County.) NUMBER OF MEMBERS IN FA_MILY !00% 41,400 47,300 53.200 59,100 63,800 68,600 73,300 78,000 S0% 33,100 37,800 42,550 47,300 51,050 54,850 58.650 62,400 60% 24,840 28,350 3!,920 35,460 38,280 41,160 43,980 46,800 53°% 29,~00 23.650 26,600 2~,550 3!,909 34.200 36,650 39.000 RECOMMENDED I:LENT.~L R.-xTES The F!onda Housing F?.a'*.ce Corp. ora:ton [Fi-LFC) cai:zlates :ems to use :n :he State ,~.~ .~men: incent:',e Loan tS.AIL) a~:d the Lo'a-income Rental Housx:g Tax Credit {LiHTC'~ pro?a: :s The rents By:eh belov. ~e based on i 999 Cato from FF~C. Ut:ii:} costs ~-e pro'. :dod from tn.: Count.,. s Sect:on ~ Rental .a. ss:s:'-cce Pro~m '.vhd'. ;s ammwzs:ere~ b'. :he Coil:er Counu' Housing <utnont'. HOUSING COSTS BASED ON 300; FA. MILY INCOME ONE BEDROOM UNIT rx~,O BEDROOM I'H.R.EE BEDROOM FOL"R BEDROOM k'7',' I T UNIT L~',' IT 100% !,l,2, S ',330 1,555 i,-14 _~0°.o d65 -98 52' 1,029 LOCATION Naples and Cons:o', irr~mokalee and East of Everglades Blvd. Golden Gate UTIL£TY .~LLOV, .KNCES ONE BR T~,%O B,R TIf. ILEE B R FOLR B R L .%'IT L'5qT L2NIT L'N I T 6v.00 I0600 148 O0 96.00 21 90 ~0u 1S6.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS, PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co-Tenant Name Present .Address: Date of Application: Amr. Of Sec. Deposm Race. National Origin: Handicap: Yes __ No __ Race, National Origin: Handicap: Yes __ No __ Name of Landlord Landlord's ·Address: Street City State Zip Telephone No. How Long at this Address: Street (.'ltv State Zip Fe~ephone No. It' you ha:'e resided at your present address less than 3 .,,'ears. please state previous address: Street (7it,.' S~ate Zip Fc!ephone No. Name of Previous Landlord 3:reef t 'it,. State /m ['~_lcph, mc No \PPI I(':~.NI': }':'c~cm t: ~;;pio': ers .", :mit Addrc',s and I'cicphone No. [tow long ~th Present Employer: Grossbalarv: HourN S ~ocla[ ~CCklrltX Xddlcs., and I-Acpi~one No [t,,',~ ',,,:ag ',~ ith Prexlous Empio>er ('O- I'ENANT: i':v-:n: Emplo}crs Name .kddrc~s .md Fcic-phone No. ~{o',k ',onz ,.kith Present Employer: ~]~'ossSalarx: t4ourl5 S~ Xddress and Telephone No. Job Title .... \Vceklv $__ ExcO' 2 \Vccks $____ Monthl,, $ Birth Date Job Title Job Title \VeeklvS__ E~eu'2WeeksS__ Monthlx$ Birth Date ilov, long w~th Previous Employer Job Title ,, ~,Ml-is OF AI.I. WHO WILL OCCUPY APART,ME, NT BIRTH DAIE SEX AGE .5OC~ PE RS( )N-~L REFERENCES I Not P, elatites) · Name: Address: Fio~v Long ' Name: .",ddress: Hov. Long DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to the requirements of the Coltier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to the Development Services Director, 2800 North Horseshoe Drive, Naples, Fiends 34104. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. I. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each: PUD, Planned Unit Development (Vicgoria Falls PUD} 25.41 acres density bonus? X Yes if}es, state date of application the Ordinance number 3 Has an applicat:on for rezoning been requested in can.,,u, nct~on w;th the affordable houiing and if the request has been approved, state Gross dens~ty of the proposed development. 4.5 umts/acre. Gross acreage of the proposed development. 25.41 acres. ,Are affordable housing density bonus units sought 'm conjunction with an application for a planned umt development IPL'D)? X Yes _ No if 5es, please state name and location of the PL'D and any other :denu~'mg m~rmarion. yictoria Falls PUD, Located in the South Half of Section 33. Township 50 South, Ranqe 26 East, Collier County, Florida Name of applicant Habitat for Humanity 0( Collier County, Inc. Name of land developer if not the same as applicant . ' EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES. OBJECTIVE: For the Board to review and consider a petition for the creation by County ordinance of the Cedar Hammock CDD. CONSIDERATIONS: On September 13, 1999, U.S. Home Corporation, filed a petition with Vincent Cautero, Division Administrator, Community Development and Environmental Services Division, for the establishment of the Cedar Hammock CDD. A mandatory $15,000 application fee was submitted with the petition. The land area proposed to be served by the District is bounded on the North by Radio Road and 1-75; the Northeast by undeveloped and low-density residential property; the East by State & County Roads 951, and South and Southwest by the Naples Heritage Golf & Country Club/Phase One; and the West by Davis Blvd. The proposed Cedar Hammock CDD comprises approximately 417 contiguous acres. A map showing the location of the land area to be serviced by the District appears as Exhibit "1" to the petition. The proposed land area to be served by the District is currently being developed by U.S. Home Corporation under PUD 98-16. At build-out, Cedar Hammock will comprise approximately 799 dwelling units, golf course, clubhouse, and offices as well as recreational facilities. Adopting the ordinance and granting the petition would authorize and District through its Board of Supervisors to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the development community. This infrastructure, under section 190.012(1), Florida Statutes, includes basic types of systems, facilities and services: water supply, sewers and wastewater management, water control and management (drainage), and roads, bridges and street lights. Upon consent by the County, and upon petition by the District Board of Supervisors, if established, the District may exercise its additional charter powers pursuant to section 190.012(2), Florida Statutes. However, this petition reviews information as to the potential exercise by the District of all special powers. The District Board of Supervisors is initially elected for the first six years of the duration of this district on a property-based election (one-acre, one-vote), which has been specifically ruled constitutional. State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455 (Fla. 1985). By operation of law, in time, the Supervisors are elected on a one-person one-vote basis. NOV 2 3 1 99 In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in government, disclosure, conflict of interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants competitive negotiations procedures, competitive bidding procedures and others. Even with compliance with these many procedural requirements, the District may not manage and finance any of these services and facilities without a showing that all legitimate policies, constraints, authorities, controls, permits or conditions on the development of the land, Whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, shall have been complied with concerning development of the property. The District will not be used for any purposes other than those consistent with the authority to develop the community development, because the district is not a development. It is a mechanism to assure the county and the landowners that the Cedar Hammock facilities will be managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the charter of the district, in the general statue itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers, within the tight constraints, as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent by resolution the aforementioned eminent domain power is limited to the boundaries of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without a showing that it will not exceed 35 percent of the assessed valuation of the property within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the board of supervisors shall not issue general obligation bonds unless the board first holds elections on a one-person one-vote basis for a new board of supervisors. Accordingly, if Collier County adopts the ordinance it establishes the Cedar Hammock Community Development District which is a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier County. In addition, the District would be a financing tool, off.the balance sheet of the County and the developer. It will provide long-range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function it will automatically be disbanded by state law. If at any time during its existence Collier County determines by a non-emergency ordinance that it can provide any one of the district services in a more economical manner, over the long term, at lower cost but with higher quality, Collier County may then take that service away from the district and provide the service itself. 2 ,~',, ,' J Section 190.005, Florida Statutes provides that the exclusive and uniform method for establishment of a CDD of less than 1000 acres shall be by county ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning and public works staff have reviewed the petition and the engineering and planning white papers submitted by the petitioners (attached) relative to the six (6) considerations and found the proposed Cedar Hammock CDD to be compliant with each of the six (6) review factors. FISCAL IMPACT: As previously noted a $15,00000 filing fee was submitted with the petition. At this time the development of Cedar Hammock CDD is proceeding under the provisions of PUD 98-16. An estimate of development generated revenues such as impact fees to be ultimately generated by this project is indeterminate at this time. Since the establishment of the district does not include any further development approval, the immediate fiscal impact to the County is minimal. Exhibit "7" of the petition, "Statement of Estimated Regulatory Costs" attests to the insignificance of current fiscal impacts associated with the establishment of the district. It is noteworthy that the estimated internal infrastructure to be financed by the Cedar Hammock CDD is $18,801.000, consisting of drainage, recreation/security, land/mitigation, roadways and water/sewer. Roadways, water and sewer facilities are ultimately to be transferred to County ownership. GROWTH MANAGEMENT IMPACT: The entire 417 acres of Cedar Hammock CDD lies within the Urban Mixed Use designated area on the Future Lane Use Map. The establishment of this district does not constitute any additional development approval. Accordingly, any future development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time and ,,'--" PUD- 9 8-16. AGENDA 3 NOV 2 3 1999 RECOMMENDATION: Staff recommends that the Board adopt and enact the proposed ordinance establishing the Cedar Hammock CDD. Attachments PREPARED BY PRINCIPAL PLANNER DATE REVIEWED BY: OBI~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPR ' BY ~ VINCE~NT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Cedar Hammock CDD EX SUMMARY/mk AG END~.IT~. No. ~i NOV 2 3 1999 CDD FACTS Primary purpose is to provide a long-term financing mechanism for community infrastructure through: 1. Assessments 2. Ad Valorem 3. Bond Issues CDD's may hire staff, enter into leases, enter into interlocal agreements with local governments and manage financial affairs associated with the provision of internal infrastructure. CDD's governing Boards are covered by the Florida Sunshine Law. CDD's are not general purpose local governments, have no home rule power, nor do they assume any powers of local governments. However, at the option of local government, they may be granted additional power and responsibility such as mosquito control, parks, and internal security. CDD's must disclose their existence and the resulting financial impacts to lot purchasers in sales contracts. Under Florida law, individual lot owners are indemnified from any liens or foreclosures due to default of the CDD on its debt instruments. When and if the population within the CDD reaches 5,000, a referendum on whether to incorporate is required. However, if an affirmative vote results, no automatic incorporation of a new city results. CDD incorporation into a new city must be accomplished according to the procedures, requirements' and limitations in Section 165.061 and Section 165.241 F.S. in the same manner as an initiative by any other community. PREPARED BY: CDD FACTShnd The Collier Coun _ty Planning Department AGEM:)A ITEM NOV 2 3 1999 ENGINEER'S REPORT FOR THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT PREPARED FOR: BOARD OF SUPERVISORS CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: BANKS ENGINEERING, INC. 10501-104 SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33912 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES, INC. 11869 HIGH TECH AVENUE ORLANDO, FLORIDA 32817 JUNE, 1999 AGENDA ITEM NO~; 2 3 1999 SECTION 2. 3. 4. 5. TABLE OF CONTENTS PAGE NO. INTRODUCTION 3 DISTRICT BOUNDARIES AND PROPERTIES SERVED 5 PROPOSED DISTRICT INFRASTRUCTURE 8 OPINION OF PROBABLE CONSTRUCTION COSTS 11 PERMITS 13 TABLE 1 TABLE 2 TABLE 3 TABLES LAND USE SUMMARY 3 SUMMARY OF OPINION OF PROBABLE COSTS FOR THE 11 PROJECT INFRASTRUCTURE SUMMARY OF OPINION OF PROBABLE COSTS FOR THE 12 DISTRICT INFRASTRUCTURE EXHIBIT A APPENDIX EXHIBITS CEDAR HAMMOCK PROJECT MAP ILjustRATING 7 DISTRICT BOUNDARIES AND PROPERTIES SERVED SUPPLEMENTAL ENGINEER'S REPORT PHASE ONE 14 -2- pg. CEE hR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT ENGINEER'S REPORT INTRODUCTION 1.1 Description of Cedar Hammock Community Development District The Community Development served by the Community Development District is located in Collier County, Florida lying within Section 3, Township 50 South, Range 26 East and more precisely being West of County Road 951 and South of Davis Road (State Road 84). The development has entrances on both County Road 951 and Davis Road. The completed subdivision will contain a maximum of 799 dwelling units. The project has a mixture of single and two family units, two-story and four story condominium units, an 18-hole golf course with aqua driving range, clubhouse facility, satellite recreation facilities, and lake/water management areas. The Planned Unit Development (PUD) was approved by the Collier County Board of County Commissioners on December 15, 1998. The PUD Master Plan was approved as the Subdivision Master Plan per Zoning Ordinance 98-115 and its boundaries are coterminous with those of the development. The community will be developed in two phases. Construction of Phase One improvements will begin in May, 1999. Construction of Phase Two is anticipated to start in January, 2002. TABLE1 TYPE OF USE ACREAGE +/- % OF TOTAL RESIDENTIAL 52.5 12.6 GOLF COURSE/CLUB/MAINTENANCE 144.7 34.6 RIGHT-OF-WAY 17.0 4.1 PRESERVE & PASSIVE RECREATION 131.3 31.5 LAKES 71.8 17.2 TOTAL 417.3 100% -3- AGENDA ITEM NOV 2 3 1999 pg. ~;~ 1.2 Purpose and Scope of the Report The purpose of this report.,is to provide a description of the Cedar Hammock Community Development District, the capital improvements to be constructed and financed by the District and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will be developed by the District's financial advisor. -4- AGEI~A ITEM NOV 2 3 1999 pg. 2_ DISTRICT BOUNDARIES AND ~ROPERTIES SERVED 2.1 District Boundaries Exhibit "A" delineates th~ proposed boundaries of the District. The District is surrounded by agricultural, residential, undeveloped, and public land uses including County Road 951 to the East and Davis Road to the South. 2.2 Description of Properties Served The District is located in Section 3, Township 50 South, Range 26 East, within an unincorporated area in Collier County, Florida. The property within the District boundaries is owned by U.S. Home Corporation. The existing land within the District consists of wetlands and forested open space. The terrain is flat with elevations ranging from 10 to 12 feet NGVD. Ground water is generally at or above natural ground to one foot below natural ground during the wet season. The entire property within the District is zoned "Planned Unit Development" (PUD) and is depicted on Exhibit "A". 2.3 Existing Infrastructure The District is located within the service area of the Collier County Water-Sewer Authority which will provide water supply, wastewater collection, treatment and disposal and reclaimed wastewater service for irrigation purposes. The Collier County Board of County Commissioners serves as Ex-Officio Governing Board of the Collier County Water-Sewer Authority. Potable water for the community will be provided by connection to and extension of existing Collier County Water and Sewer Authority water mains. There is an existing 16" water main located in the road right-of-way of Davis Road and an existing 20" water main in the road fight-of-way of County Road. The potable water is provided by the South Collier County Water Plant. Wastewater from the community will be collected within the site and pumped via force mains and pumping stations located within the site. The wastewater from the site will be pumped to an existing 14" force main maintained and operated by the Collier County Water - Sewer Authority. This existing 14" force main is located in the road fight-of-way for Davis Road. Reclaimed wastewater service for irrigation purposes will be provided by the Collier County Water-Sewer Authority when reclaimed water becomes available from the South Collier County Wastewater Treatment Facility. Reclaimed wastewater mains have not been extended to the community at this time. When said mains are extended, the irrigation lake -5- NOV 2 3 199E will serve as an effluent storage pond. On-site pumping and' storage facilities will supplement the effluent system. The District is located wit. lain the Lely Canal (Collier County District 6) Drainage Basin. Runoff from the Project will be discharged to a slough system which discharges into the Lely Canal and beyond to Henderson Creek, Rookery Bay and ultimately to the Gulf of Mexico. The District is adjacent to two major arterial roadways. County Road 951 to the East and Davis Road (State Road 84) to the North. The District will have a major connection at each of these arterials. The District is located within the franchise areas of Florida Power and Light and Sprint United Telephone of Florida. Cable service is available from Media One. These utilities are expected to provide electrical power, telephone service and cable television to the District. All utilities are either available to the property or will be during the development of the infrastructure. -6- AGENDA ITEM 1999 Pg. // LEGEND PHASE 1 CONSTRUCTION PHASE 2 CONSTRUCTION E> U.S. HOME CORF NApI~'$. COIII£R COUNT _:: I:: .rp,~ ,.: AGENDA I'~ · NOV ,: 3 1999- ORAT{ON , PROPOSED DISTRICT INFRASTRUCTURE 3.1 Summary of the Proposed District Infrastructure The District infrastructure will generally consist of' the following: · Roadways · Utilities · Earthwork · Water Management · Security · Wetland Mitigation · Professional Services · Miscellaneous Costs 3.2 Roadways The roadways within the District will consist of two-lane undivided sections with additional turn lanes at both entrances. The roadways will provide access to the various land uses within the District and will connect to the existing public roadways which border the District. The roadways will be constructed within platted rights-of- ways or access easements. The length of the proposed roadways within the District is approximately 2.3 miles. The roadways will be constructed of stabilized sub~ade, limerock base, asphalt paving, curbing and gutter, sidewalks, signage and striping. The roadways will also include landscaping and street lighting. The street lighting will be provided and installed by Florida Power and Light. The landscaping will be addressed in a subsequent section. The roadways will be designed and constructed in accordance with appropriate Collier County Land Development Code (LDC) Standards. 3.3 Utilities The utilities within the District will consist of potable water, wastewater collection/transmission and irrigation systems which will be designed and constructed in accordance with the appropriate Collier County Water-Sewer Authority and Florida Department of Environmental Protection Standards. It is anticipated the potable water and wastewater collection/transmission systems will be conveyed to the Collier County Water-Sewer Authority for ownership, operation and maintenance after completion of construction. The potable water facilities will consist of 8" and 10" distribution mains with all required valves, fire hydrants and water services to individual lots and development tracts. Connections to the existing Authority system will be located at both of the proposed intersections with County Road 951 on the North and Davis Road on the East. There will be approximately 19,000 linear feet of water main constrtcted. ~,G~.J,~A -8- 3.4 3.5 The wastewater facilities will consist of gravity collection mains.with individual lot and development tract services flowing to three on-site pumping stations. Internal gravity and pressure mains will convey the wastewater to a master sewage pumping station and force ~ain connecting to an existing Authority force main located in the Davis Road fight-of-way. It is estimated that 13,600 linear feet of gravity collection system and 3,800 feet of force main will be constructed. The irrigation system will include an irrigation pumping station and irrigation distribution mains with services for lots, development parcels, roadways, landscaped areas and golf course playing areas and amenities. The supply of water for the irrigation pumping station will be from a proposed surface water management lake which will act as a supply reservoir. The irrigation system will also include an irrigation reservoir recharge system consisting of 7 recharge wells and recharge supply mains from the wells to the supply reservoir. A second irrigation reservoir recharge system is also proposed whereby reclaimed wastewater can be introduced into the supply reservoir from a proposed Collier County Water-Sewer Authority reclaimed wastewater main within the Davis Road right-of-way. Approximately 43,400 linear feet of irrigation main will be constructed. Earthwork and Clearing Stormwater management, irrigation and park amenity lakes within the District will be excavated and the material will be used for fill of roadways, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Also due to unsuitable material located at the substrata of the community, rock burial zones have been utilized where possible in the community to generate suitable fill for the community. The lakes will be excavated in accordance with the size and depth requirements of the South Florida Water Management District. Approximately 72 acres of lakes will be excavated resulting in approximately 1.3 million cubic yards of material. All excavated material will be used on-site. Storm Water Management The District stormwater management system consists of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from within the District will be collected and conveyed to the stormwater management lakes for water quality treatment and peak discharge attenuation. The runoff will be discharged through four (4) control structures to an existing slough system which discharges into the Lely Canal and beyond to Henderson Creek and ultimately into Rookery Bay and the Gulf of Mexico. The stormwater management system will be designed and constructed in accordance with South Florida Water Management District Standards for water quality treatment, peak flow attenuation and flood protection. -9- AGENDAITE~" / 1999 .../¥ 3.6 3.7 3.8 3.9 I,andscaping and Security Landscaping will be provided in roadways, perimeter monument walls and District entrances. Landscaping will consist of sod, annual flowers, shrubs, trees, ground cover and littoral plantings in lakes. Existing vegetation will be utilized where possible. Security for the District will be provided with a manned guardhouse at the Davis Road entrance and an electric gatehouse at the County Road 951 entrance. Entrance walls and berms located along adjacent public rights-of-way and fencing along the perimeter of the District will supplement the entrance features. These facilities will be landscaped to blend into the community and its environment. Wetland Impact Mitigation The wetland impact mitigation within the District will consist of the construction and planting of aquatic littoral zones in the stormwater management lakes, removal of exotic plant species from the preserve areas and restoration and enhancement of the wetland hydroperiods within the wetland preserves and wildlife management areas. Additional wetland impact mitigation is provided within an off-site location. Professional Service The professional services for design and construction of all components within the District consist of engineering of walls and structures for security, roadways, utilities, soils investigation and testing, landscaping design, environmental consultation and construction services for inspection of infrastructure during construction. Miscellaneous Costs These costs include permitting fees for construction of required District infrastructure, the cost of bonding of these facilities and professional fees associated with construction inspection services and the formation of the District. -10- ITEM 1999 4~ OPINION OF PROBABLE CONSTRUCTION COSTS An opinion of probable costs in 1999 dollars for the District infrastructure is represented in Table 1 and 2. The Distri_ct will be financing the proposed infrastructure. The total includes a 10% contingency for the entire costs of District infrastructure. All costs are represented in 1999 dollars. The professional fees consist of land surveying and engineering, soils investigation and testing, and engineering construction services that are necessary for the design, permitting and services during construction of the District infrastructure. The miscellaneous costs consist of permitting fees, bonding, construction engineering inspection services and Community Development District formation that are necessary during construction of District infrastructure. The costs do not include the legal, administrative, financing, operation or maintenance services necessary to finance, construct and operate the District infrastructure. It is my professional opinion that these costs are reasonable for the quality of work performed. TABLE 2 (In thousands of dollars) Project Infrastructure Costs 18,801 District Improvements Spent to Date 450 District Improvement Phase I 17,418 District Improvements Phase II 1,383 -11- AGENDA ITEM J ./ NOV 2 3 1999 TABLE 3 SUMMARY OF THE OPINION OF PROBABLE COST FOR CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE COST (in thousands of dollars) Phase One Phase Two TOTAL ROADWAY 855 429 1,284 WATER & SEWER 900 400 1,300 EARTHWORK 7,037 0 7,037 WATER MANAGEMENT 883 97 980 LANDSCAPING & 3,115 0 3,115 IRRIGATION SECURITY 320 0 320 ELECTRIC SERVICE & 215 0 215 LIGHTING WETLAND MITIGATION 2,810 0 2,810 PROFESSIONAL FEES 961 206 1,167 MISCELLANEOUS 150 125 275 CONTINGENCY 172 126 298 TOTAL 17,418 1,383 18,801 -12- AGENDA ITEM 5~ Permits Permits for construction are required prior to the improvements. These permits include the following: commencement of infrastructure Local zoning approval. Army Corps of Engineers Dredge and Fill Permit. South Florida Water Management District Environmental Resource Permit. South Florida Water Management District Water Use Permit. Environmental Protection Agency NPDES. Vegetation Removal and Site Grading Permit by Collier County. Commercial Excavation Permit by Collier County. Approval by Collier County of Final Subdivision Plats. Approval by Collier County of Site Development Plans. Florida Department of Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the construction of the golfcourse and the excavation of lakes and interconnecting piping. The District Engineer will certify that all permits necessary to complete Phase 1,2 and 3 have either been obtained or, in his professional opinion, will be obtained. s. anks, Date DisMct Engineec S:~JOBS\12xx\1263_nap\1263-CDD-EngRe13ort- 1.wpd -13- AGEI~A ITEM NOV 2 3 1999 ENGINEER'S REPORT FOR THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT PHASE ONE PREPARED FOR: BOARD OF SUPERVISORS CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: BANKS ENGINEERING, INC. 10501-104 SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33912 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES, INC. 11869 HIGH TECH AVENUE ORLANDO, FLORIDA 32817 JUNE, 1999 -14- ] 31999 Se INTRODUg~TION This report supplements the original District Engineer's report for the Cedar Hammock Community Developmen~t District by providing a description of the Phase One improvements. The original Engineer's Report includes a description and opinion of costs for the infrastructure necessary to complete the entire Cedar Hammock community. The following supplemental report described the infrastructure and opinion of costs necessary to complete Phase One of the project. THE PHASE ONE PROJECT 2.1 The location of Phase One is shown on Exhibit "A". The infrastructure construction within Phase One began in June, 1999. Phase One is described in the original Engineer's Report and will be funded by the District. Phase One will generally consist of the following: 1. Roadway 2. Utilities 3. Earthwork 4. Water Management 5. Landscaping and Security 6. Professional Fees 7. Miscellaneous Costs A detailed description of contents of each infrastructure category is attached in this report. 2.2 The location of the Phase One improvements is shown by the shaded areas on Exhibit "A". This represents the extent of work completed by December, 1999. The unshaded area and hatched area represents the extent of the Community Development infrastructure to be completed between January 2002 and December 2004. Engineering and design of Cedar Hammock Phase Two is complete and permitted by Collier County. Construction is proposed to commence in January 2002. -15- AGENDA iTEM 1999 2.3 OPINION OF COSTS An opinion of costs in 1999 dollars for the Phase One project is given in Table 1 and 2. The figures a~re based on actual contract amounts with the infrastructure contractors for the work completed 2.4 The total cost for the entire project is $18,801,000.00. The Community Development District funded portion of this total is $17,623,100.00, which represents 66.8% of the total cost. The District portion of the Phase One project is $17,418,000.00 which represents 61.9% of the project improvements. It is my professional opinion that these costs are reasonable for the quality of work performed. PERMITS Permits for construction are required to the commencement of infrastructure improvements. These permits include the following: 9. 10. 11. 12. Local zoning approval. Army Corps of Engineers Dredge and Fill Permit. South Florida Water Management District Surface Water and Water Use Permit. Environmental Protection Agency (N.P.D.E.S.). Florida Department of Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the golf course construction and Phase One infrastructure. The District Engineer will certify that all necessary to complete Phase One have either been obtained or, in this expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. -16- A~._NDA ITF.~ NOV 2 3 1999 TAFLE 1 SUMMARY OF THE OPINION OF PROBABLE COST FOR CEDAR HAMMOCK PHASE ONE COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE COST (in thousands of dollars) ROADWAY 855 UTILITIES 900 EARTHWORK 7,037 WATER MANAGEMENT 883 LANDSCAPING & IRRIGATION 3,115 SECURITY 320 ELECTRIC SERVICE & LIGHTING 215 WETLAND MITIGATION 2,810 PROFESSIONAL FEES 961 MISCELLANEOUS 150 CONTINGENCY 172 TOTAL 17,418 NOTE: These amounts are represented in 1999 dollars S:~JOBS\I 2xx~1263_nap\1263-CDD-EngReport-I .wpd -17- CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT TESTIMONY OF CARRON DAY, PLANNER Planning Considerations Establishment of the Proposed Cedar Hammock Community Development District My name is Carton Day. My work as a professional planner in Southwest Florida has included land development activities, Developments of Regional Impact, comprehensive plan amendments and zonings including the use of Community Development Districts. I received a Master of City and Regional Planning degree from the Illinois Institute of Technology and have worked in Southwest Florida since 1974. During that time I have worked both in the public and private sector. For the past eight years, I have been the president of Florida Land Planning, Inc. I have been qualified in Florida Administrative Hearings and in vadous Florida county commissions and city councils as an expert in zoning and land use matters and in local, regional, and state growth management planning including the planning for alternative ways to provide community development infrastructure. I have addressed the planning aspects and consequences of alternatives to provide infrastructure to the proposed new Cedar Hammock Community Development project based on my experience and training in this field. In addition, I have assisted in the preparation of the Petition to establish the Cedar Hammock Community Development District, and its required exhibits. This paper is a summary of the planning consequences of establishing the proposed District on the identified property in Collier County, Florida. Cedar Hammock June 11, 1999 t,;$'/ 2 3 i999 1 P~. ~ The Community Development Project Which The Proposed Community Development District Will Serve Cedar Hammock, a planned residential community development, is located in Sections 3, Township 50 South, Range 26 East in Collier County, Florida. The irregularly shaped development parcel includes approximately 417.3 acres, abuts Davis Boulevard on the north and CR 951 on the east. The proposed development will include a maximum of 799 single and multiple family dwelling units and the associated and accessory uses customarily found in a master planned community, including an 18-hole championship golf course and country club, recreational facilities, lakes, conservation areas and open space. Approximately 70% of the Cedar Hammock development will be open space or reserved for conservation purposes. Maximum density is approximately 1.9 units per acre. This document addresses the planning aspects of the information in the Petition, its exhibits, and as related to consideration of the six statutory factors which must be considered by the Petitioner, the Collier County staff and, ultimately, by the members of the Board of County Commissioners of Collier County in establishing the District by ordinance. In this review, I have examined the planning consequences of the potential exercise by the District of all of its charter special powers, both automatic and optional, in Section 190.012, Florida Statutes, and related provisions. To do so, I used the six statutory factors to guide my planning analysis in order to determine whether a particular problem specific to Collier County and the proposed District is identified. The Six Statutory Factors Considering the six statutory factors in Section 190.005(1 )(e)1-6, Florida Statutes and other statutorily required information, I assisted in the preparation of the Peti Cedar Hammock June 11, 1999 ....,, 1999 its attached exhibits. In my professional opinion, as a planner, the Petition and its attached exhibits satisfy the requirements of the statute and contain information that is both true and correct. Therefore, factor one in my opinion is satisfied from a planning perspective. Although the uniform nature of the general law effectively mandates redundancy in the documentation material for use in the establishment of a Chapter 190 F.S. District, I have prepared this document in a way that reduces the monotony usually experienced by a reader due to the inherent statutory redundancy. There are practical and legal reasons for redundancy in the materials supportive of the establishment of a Community Development District. From a legal aspect, should an action of a District be challenged, the first avenue of investigation is to determine if the District was established using the authority contained in the Florida Statutes. Thorough documentation supporting the petition to establish the District, with all its redundancy, minimizes the exposure of the District under this avenue of investigation. From a practical standpoint, an exhaustive analysis of the statutory factors and procedures for the establishment of a District tends to identify problem areas which can be addressed by the District Board of Supervisors after establishment of the District, or by the Collier County staff prior to establishment of the District. In my professional opinion from a planning perspective, the Petition and its attached exhibits satisfy the requirements of the statute and contain information that is both true and correct. Therefore, factor one in my opinion is satisfied from a planning perspective. Local Specialized problem: None. I have analyzed both the State Comprehensive Plan and the Collier County Growth Management Plan (Growth Management Plan) in detail regardingFor~,,.~ Cedar Hammock ~ ~,,,~ - 3 1999 June 11, 1999 because this factor seeks information on whether creation and establishment of the District are inconsistent with applicable elements of the State Comprehensive Plan or the Growth Management Plan. Discussion: The State Plan I have analyzed the State Plan assuming that the proposed District will exercise all of its systems, facilities and services and related specialized powers set forth in the uniform charter of the District, Sections 190.006 through 190.041, Florida Statutes. I looked at all twenty-six subjects, twenty-six goals and several related policies under each goal in the State Plan from this perspective. By eliminating the subjects, goals and policies of the State Plan that do not relate to residential mixed use developments, or to the creation and establishment of the District to serve such developments, I identified four goals and related policies which apply to the subject of this petition, the establishment of the proposed Cedar Hammock Community Development District. I have analyzed each subject and goal and then identified various specific policies under each of them which related to the proposed District, again, applying all of these factors to the assumption that the District would exercise all of its specialized powers under subsections (1) and (2) of Section 190.012, Florida Statutes on the subject property in Collier County. Subject and Goal 16 (16) LAND USE.- (a) Goal.- In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land[~,,d~,~riT~_M resources, fiscal abilities, and service capacity to accommodate grtwtl~in an/,~)/ environmentally acceptable manner. ~ '-- ' i ;;b~' 23 1999 Cedar Hammock June 11, 1999 · Subject and Goal 16 apply to the proposed Cedar Hammock Community Development District because of its mandate that development be directed to areas which can accommodate growth. This relates directly to the District purpose of fiscal responsibility and adequate service supply through Distdct provided infrastructural improvements. I found that establishment of the proposed Distdct would not be inconsistent with this goal and subject because Chapter 190, Florida Statutes, found that services provided by a District can be ". . a timely, effective, responsive and economic . . means of accommodating development demands.., without overburdening other governments and their taxpayers." Further, because the proposed District must not be inconsistent with the applicable provisions of the State Comprehensive Plan (Chapter 187', F.S.), or be inconsistent with the applicable provisions of the Growth Management Plan (Ordinance Number 89-05, as amended), both of which contain environmental compliance provisions, the proposed District must be conscientious of the environment in the design and installation of District services and facilities. Local Specialized Problem: None. Policy 16(b)1. Promote state programs, investments, and development and redevelopment activities which encourage efficient development and occur in areas which will have the capacity to service new population and commerce. Establishment of the District is not inconsistent with Policy 16(b)1 because Chapter 190, Florida Statutes, required efficiency and responsibility in the utilization of District powers in providing services to supply development demand. Local Specialized Problem: None. Cedar Hammock June 11, 1999 AGEJ~A ITEM ~0'v' 2 3 1999 Policy 16(b)2. Develop a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. Since a District is a program which, when established, is required by law to provide service capacity in areas designated for urban services, and to provide such services in an environmentally sensitive manner, the proposed District is not inconsistent with Policy 16(b)2 of Chapter 187, Florida Statutes. Local Specialized Problem: None. Subject and Goal 18 (18) PUBLIC FACILITIES.- (a) Goal.- Florida shall protect the substantial investments in public facilities that already exist and shall plan and provide for and finance new facilities to serve residents in a timely, orderly and efficient manner. The proposed Cedar Hammock Community Development District directly implements Subject and Goal 18 through the responsible provision of services and facilities including phasing if needed. Based on that determination, the District would not be inconsistent with this subject and goal. Local Specialized Problem: None. Policy 18(b)3. Allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. Through an understanding of the principle behind the establishment of a District, those facilities and services through assessments and use fees, I find that th where facilities and services provided by the District are paid for by those who benefit from AGENDA ITEId pree.osed/,,,~¢c) t Cedar Hammock June 11, 1999 NOV 2 3 1999 pg. 6 ~ Distdct will implement Policy 18(b)3, and therefore, in my opinion, is consistent with the Policy. Local Specialized Problem: None. Policy 18(b)4. Create a partnership among state government, local governments, and the private sector which would identify and build needed public facilities and allocate the costs of such facilities among the partners in proportion to the benefits accruing to each of them. The proposed District is a partnership between State government, local government, and the private sector, given that a District's charge is to use its statutory powers for the provision of infrastructure only in conformance with local and state policy, law and regulation. Thus, establishment of the proposed District is not inconsistent with this Policy. Local Specialized Problem: None. Policy 18(b)5. Encourage local government financial self-sufficiency in providing public facilities. In regard to Policy 18(b)5, the proposed District, if established, would be a special purpose local government, and would be self-sufficient in the provision of infrastructural systems, services and facilities given that it would not draw upon other county resources. The establishment of the proposed District would not be inconsistent with this Policy. Local Specialized Problem: None. Policy 18(b)6. Identify and implement innovative but fiscally sound and cost-effective technic for financing public facilities. Cedar Hammock June 11, 1999 AGENDA ITEM'" ~esN~~ NOV 2 3 199E With the District's innovative but fiscally sound and cost-effective means of providing facility improvements, the establishment of the proposed Cedar Hammock Community Development District, in my opinion, is a manifestation of Policy 18(b)6's intent. The formation of the District is therefore not inconsistent with this Policy. Further, the District, when established, being a special purpose local government, would have limited powers to design, fund and construCt services and facilities necessary to accommodate the project's facility and service demand, and coordinate with Collier County the connection to its capital facilities. Local Specialized Problem: None. Policy 18(b)7. Encourage that development, use, and coordination of capital improvement plans by all levels of government. The District, when established, is subject to the reporting provisions of Section 189.415, Florida Statutes, which in paragraph (6) states, "For purposes of the preparation or revision of local govemment comprehensive plans required pursuant to s.163.3161, a District public facilities report may be used and relied upon by the local general purpose government or governments within which the special district is located." The proposed District is therefore consistent with Policy 18(b)7. Local Specialized Problem: None. Subject and Goal 21 (21) GOVERNMENTAL EFFICIENCY. (a) Goal.- Florida governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed District is not inconsistent with Subject and Goal 21 becaus Cedar Hammock June 11, 1999 AGENDA ITE~. ~. ,/,,~(¢ ) / of the NOV 2 3 1999 p~.8 ~0 statutory finding that a District is a means of delivering services and facilities in a timely, efficient and cost effective manner. Local Specialized Problem: None. Policy 21(b)1. Encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate interlocal agreements and mutual participation for mutual benefit. A Community Development District, when established, becomes a separate special purpose local government with the authority to provide public services and facilities within a limited land area. As a special purpose local government, the District is able to enter into inter-local agreements with mutual participation for the benefits to the land and residents within the District and the rest of the county. Given that any action by the Cedar Hammock Community Development District must be consistent with the Collier County Growth Management Plan, including the Growth Management Plan's Intergovernmental Coordination Element, both governments will be operating within the parameters of the Growth Management Plan. This leads to close communication and coordination between the levels of government which provide a mutual benefit for both Collier County and District. The District, in my opinion, implements this Policy and is therefore consistent. Local Specialized Problem: None. Policy 21(b)2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards. Cedar Hammock June 11, 1999 AGENDA ITEM Policy 21(b)2, ce,)tures the intent of why Community Development Districts are an important and integral component in the management and financing of community development facilities and services. A Community Development District has uniform general law standards as specified by the enabling Statute, which provides for focused management and economic infrastructure management, obtains funding through the levy of revenue and if applicable the sale of bonds which are repaid by the people who directly receive the benefits of the services and facilities the District'provides, and does not burden the general taxpayer with obligations to pay for services and facilities inside the District boundaries. Given that all Chapter 190, F.S. Districts are created and established pursuant to the specific general laws, factors and standards specified by the law, the establishment of this type of District is consistent with the Policy not to allow the proliferation of independent taxing districts which do not have those specific general law factors and standards. The District would serve to implement this Policy, and in my opinion, can be considered consistent. Local Specialized Problem: None. Policy 21(b)5. Eliminate needless duplication of, and promote cooperation in, governmental activities between, among, and within state, regional, county, city, and other governmental units. As stated previously, the Section 189.415, Florida Statutes requirement that a District report as to the operation and demand on its facilities may be utilized by Collier County in its Annual Update and Inventory Report. This, along with a District's c I~,~-~='E~ operate in conformance with local, regional and state growth management requir .~mentS*; Cedar Hammock I;O'V' 2 3 1999 June 11, 1999 pg.~ including the State-mandated Intergovernmental Coordination Element's interlocal agreements proves, in my opinion, that the District would not be inconsistent with Policy 21(b)5. Local Specialized Problem: None. Policy 21(b)9. Encourage greater efficiency and economy at all levels of government through adoption and implementation of effective records-management, information- management, and evaluation procedures. Information and records analysis and management are an operational requirement of Chapter 190, Florida Statutes, through record keeping, disclosure, and government-in- the-sunshine. This, in my opinion, effectively implements the call for efficiency in government set forth in Policy 21 (b)9, thereby making a District consistent with that Policy. Local Specialized Problem: None. Subject and Goal 26 (26) PLAN IMPLEMENTATION.- (a) Goal.- Systematic planning capabilities shall be integrated into all levels of government in Florida with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. Subject No.26 addresses plan implementation. Its related goal requires that systematic planning capabilities be integrated into all levels of government in Florida, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. A District's statutory mandate to report information concerning District operations and to advertise its regularly scheduled meetings ensures that the public has the opportunity to comment on and be involved with District activities. The proposed AG~A ITEM District, if established, in my opinion, is consistent with this goal and would imple nen~t. /,,~('c.) / N0'~' 2 3 1999 Cedar Hammock June 11, 1999 pd.1 ~,.~ Local Specialized Problem: None. Policy 26(b)2. Ensure that every level of government has the appropriate operational authority to implement the policy directives established in the plan. By virtue of the fact that a District established pursuant to Chapter 190, Florida Statutes, must not be inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted the operational authority to implement policies of the Plan. The proposed District is not inconsistent with Policy 26(b)2. Local Specialized Problem: None. Policy 26(b)3. Establish effective monitoring, incentive, and enforcement capabilities to see that requirements established by regulatory programs are met. As a District is not exempted from any applicable local, regional or state growth management regulatory programs, the proposed Cedar Hammock Community Development District is not inconsistent with this Policy. Local Specialized Problem: None. Policy 26(b)8. Encourage the continual cooperation among communities which have a unique natural area, irrespective of political boundaries, to bring the private and public sectors together for establishing an orderly, environmentally, and economically sound plan for future needs and growth. The District is required to operate in the sunshine, encouraging public participation, and as stated previously, reporting of the District's facilities and services status to the county government provides a mechanism for cooperation between the general Cedar Hammock June 11, 1999 u rP~,~.~'~,z(~CJ / NOV 2 3 1999 and special purpose governments. A District, in my opinion, not only is consistent with Policy 26(b)8, it implements it. Local Specialized Problem: None. The reader should understand that I have reviewed also all the subjects, goals and policies which I have determined do not apply to the proposed District, and it is my professional opinion that establishment of the District is therefore, not inconsistent with any of those subjects, goals and related policies. From the perspective of planning (as to management and the related financing of all the basic infrastructure systems, facilities and services which the District by law is authorized to provide) my opinion is that the creation and establishment of the District are not inconsistent with any subject, goal and policy of the State Comprehensive Plan, as amended and that there are no local specialized problems. Collier County Growth Management Plan The Collier County Growth Management Plan is set forth in Collier County Ordinance Number 89-05, as amended. This Plan, known as the Growth Management Plan, is currently in force and effective in Collier County. Under the Florida Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, part II, Florida Statutes, as amended, a Local Government Comprehensive Plan consists of various components, elements and other designations. By way of methodology, I applied each special power available to the Community Development District under all of Section 190.012, Florida Statutes, in light of every element, goal, objective, policy and every other aspect of the Growth Mana~jeme~t_,~/,,~.("c3 l t r;~',/ 23 1999 Cedar Hammock l June 11, 1999 ~ Plan. I have applied this as a planner in order to determine whether there !~ any particular inconsistency with the Growth Management Plan from creation and establishment of the proposed District. The methodology used to make this determination is similar to the one outlined with regard to the State Plan. I eliminated the goals, objectives, policies, elements, components, sections and portions which do not address creating and establishing the proposed Distdct and then I evaluated the remaining goals, policies, components, elements, sections and other aspects of the Growth Management Plan as to whether creation and establishment of the proposed District, exercising any and all of its special powers, would be inconsistent. The Growth Management Plan's statements and directional content which relate directly to community developments, and have certain provisions which can be linked to the establishment of a District pursuant to Chapter 190, Florida Statutes follow: Capital Improvement Element Policy 1.1.3 The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. The District, when established, is subject to the reporting provisions of Section 189.415, Florida Statutes. This information will assist Collier County to coordinate with and rely upon the District's public facility plans. The proposed Distdct is therefore consistent with Policy 18(b)7. Local Specialized Problem: None. Cedar Hammock June 11, 1999 AGENDA ITE.~, / · NOV 2 3 1999 Policy 1.2.2 Existing and future development shall both pay for the costs of needed public facilities. Existing developments shall pay for some or all facilities that reduce or eliminate existing deficiencies, some or all of the replacement of obsolete or worn out facilities, and may pay a portion of the cost of facilities needed by future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of governments and independent districts. This Policy applies because a Distdct provides the mechanism to funded the infrastructure for the community development ensudng that adequate water supply, adequate sewage and adequate flood protection is available and ensuring that development pays for the costs of needed public facilities. The proposed District, if established, in my opinion, is consistent with this Policy and would implement it. Local Specialized Problem: None. Sanitary Sewer Sub-Element Policy 1.1.2 Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services of the date of the adoption of this Plan. This Policy applies because it directs growth to those urban areas where adequate public facilities exist or are assured. Creation and establishment of the District are not inconsistent with this Policy for two reasons. First, the community development that the proposed District will service is located within a Future Urban Area. Second, under Chapter 190, the District is a precise mechanism to ensure that adequate public facilities are provided in a fiscally sound, cost-effective manner. The proposed established, in my opinion, is consistent with this Policy and would implement Cedar Hammock June 11, 1999 District, if AGE, .%DA ITEM t. NOV 2 3 1999 15 Local Specialized Problem: None. Policy 1.1.7 Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water-Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. and Policy 1.4.5 Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the County. These Policies apply because the District, when established, being a special purpose local government, would have limited powers to design, fund and construct services and facilities necessary to accommodate the project's facility and service demand, and coordinate with Collier County the connection to its capital facilities. The proposed District, if established, in my opinion, is consistent with these Policies and would implement them. Local Specialized Problem: None. Potable Water Sub-Element Objective 1.2 The County will implement the following policies to make certain that pul private sector potable water service utilities provide, repair and/or replace Cedar Hammock June 11, 1999 dic a~I~NDA ITF. M )otalgd~-/,,~Cc.J [ NOV 2 3 1999 16 water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth. This Objective applies because it directs the County to ensure that adequate public facilities exist or are assured. Creation and establishment of the District are not inconsistent with this Objective because the District is a precise mechanism to ensure that adequate public facilities are provided in a fiscally sound, cost-effective manner. The proposed District, if established, in my opinion, is consistent with this Objective and would implement it. Local Specialized Problem: None. Policy 1.2.6 Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76, the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. The District, when established, being a special purpose local government, would have limited powers to design, fund and construct services and facilities necessary to accommodate the project's facility and service demand, and coordinate with Collier County the connection to its capital facilities. The proposed District, if established, in my opinion, is consistent with this Policy and would implement it. Local Specialized Problem: None. Cedar Hammock June 11, 1999 1999 Intergovernmental Coordination Element Policy 1.1.3 The Collier County Comprehensive Planning Section of the Planning Services Department shall prepare and review an annual level of service monitoring report of the Growth Management Plan. The purpose of this report is to provide the affected entities with the information in order to evaluate and coordinate level of service standards. This Policy addresses plan implementation and requires coordination of governmental agencies. A District is mandated by statute to report information concerning District operations. This information can be incorporated into the County's annual level of service monitoring report. The proposed District, if established, in my opinion, is consistent with this Policy and would implement it. Local Specialized Problem: None. Policy 1.1.5 In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standard within the parameters allowed by the Concurrency Management System of the Capital Improvement Element of this Plan. The District, when established, is subject to reporting provisions of Section 189.415, Florida Statutes, which states that a District public facilities report may be used and relied upon by the local government. The proposed District is therefore not inconsistent with this Policy. Local Specialized Problem: None. Cedar Hammock June 11, 1999 AGENDA ITL NOV 2 3 1999 Future Land Use Element Objective 1 Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use Map and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Through the magnitude, location and configuration of its components, the Future Land Use Map is designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Establishment of the Community Development District to provide the governmental infrastructure system for services attendant to Cedar Hammock, complies fully with the Growth Management Plan. Creation and establishment of the District facilitate the means of providing the necessary infrastructure to assure adequate capacity in a timely and cost efficient manner. The proposed District, if established, in my opinion, is consistent with this Objective and would implement it. Local Specialized Problem: None. Objective 2 In order to ensure the coordination of land use with the availability of public facilities, the following standards for land development shall be required by the time mandated for the adoption of Land Development Regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto. No local Development Order shall be issued unless required public facilities meet the requirements of the Concurrency Management System contained in the Capital Improvement Element. A level of service ordinance will be prepared as part of the land development regulations that will provide guidelines to implement level of service standards. "Local Development Order" shall be defined as any approval by the County having the effect of permitting development. This Objective applies because it provides direction that the county must ens availability of public facilities. The Cedar Hammock Community Development Dis~ Cedar Hammock June 11, 1999 rict wili NOV 2 3 1999 se"ve a commurfity development which is in the path of development. Creation and establishment of the proposed District for the approved Cedar Hammock Planned Unit Development would not be inconsistent with this Objective because a District is an infrastructure management mechanism. Local Specialized Problem: None. Policy 3.1.h Ensure the availability of suitable land for utility facilities necessary to support proposed development. For privately provided facilities this shall be accomplished through continued compliance with the Zoning Ordinance which requires the identification and location of all utilities which will serve the development. This Policy applies because it requires the county to evaluate the proposed community development property for infrastructure availability. The recent review of this issue by Collier County as a part of the rezoning process confirmed that the requisite infrastructure is available for the subject property. Creation and establishment of the proposed District are not inconsistent with this Policy. Local Specialized Problem: None. Policy 3.1.1 In order to ensure that adequate public facilities are available concurrent with service demands generated by new growth and development in accordance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et. seq. Florida Statutes (1987), it shall be the policy of Collier County to achieve "concurrency" through a Concurrency Management System adopted as part of this Plan in the Capital Improvement Element. In addition, as the second element of the County's concurrency program, the County shall, as a part of the land development regulations to be prepared and adopted within one year of the submittal date of this Plan, implement a program to bring planned, permitted and zoned development capacity into alignment with the capacity of existing, programmed and pi capital improvements. The program of aligning development capacity with Cedar Hammock June 11, 1999 apit~.~ NOV 2 3 1999 improvements capacity shall provide for the recognition and protection of vested property rights and shall provide individual property owners with a reasonable opportunity to take advantage of existing investment backed development expectations. Recently, Collier County found that the development of the Cedar Hammock Golf and Country Club will result in an efficient and economical extension of community facilities and services as required in this policy. I agree with these findings and conclude that the proposed District would not be inconsistent with this Policy. Local Specialized Problem: None. Policy 4.5 Maintain and update on an annual basis the following demographic and land use information: Existing permanent population, existing seasonal population, projected population, existing dwelling units and projected dwelling units. Included with this data base shall be a forecast of the geographic distribution of anticipated growth. The proposed District is not inconsistent with this Policy. The District's annual public facilities report may be used and relied upon by the local government in their preparation of existing permanent population, existing seasonal population, projected population, existing dwelling units and projected dwelling units. Local Specialized Problem: None. Policy 5.2 All proposed development shall be reviewed for compliance with the Comprehensive Plan and those found incompatible shall not be permitted. This Policy applies because it requires Collier County to evaluate a proposed development for consistency with the Growth Management Plan, including the Plan's requirement of concurrency. Creation and establishment of a District are not inconsistent AGEI,~)A ITF..Ja Cedar Hammock NOV 2 3 1999 June 11, 1999 21 .... J/,'~ with this Policy because under Chapter 190, the Distdct is a precise mechanism to ensure that adequate public facilities are provided in a fiscally-sound, cost-effective manner. Local Specialized Problem: None. Policy 5.3 Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future Land Use Map and by requiring that any changes to the Urban Designated Areas be contiguous to an existing 'Urban Area boundary. This Policy applies because it provides direction that the county must contain urban sprawl and minimize the cost of services. The Cedar Hammock Community Development Distdct will serve a community development which is in the path of development. The proposed District, if established, in my opinion, is consistent with this Policy and would implement it. Local Specialized Problem: None. Policy 5.5 Encourage the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Policy 5.5 applies to the proposed Cedar Hammock Community Development District because the land was already zoned for urban intensity uses prior to its current approval of approximately 1.9 units per acre for a total of 799 units. This total is significantly less than the maximum of approximately 3350 units permitted by the FLUE Density Rating System. Cedar Hammock June 11, 1999 1999 This relates directly to the District purpose of fiscal responsibility and adequate service supply through District provided infrastructural improvements. I found that establishment of the proposed Distdct would not be inconsistent with this Policy because Chapter 190, Flodda Statutes, provides that services provided by a District can be "... a timely, effective, responsive and economic.., means of accommodating development demands . . . without overburdening other governments and their taxpayers." The proposed District, if established, in my opinion, is consistent with this Policy and would implement it. Local Specialized Problem: None. Having thoroughly reviewed the Growth Management Plan as it may be related to the creation and establishment of a District pursuant to Chapter 190, Florida Statutes, I found that the proposed Cedar Hammock District is not inconsistent with goals, objectives, policies, sections or portions which were found not to be applicable to the establishment of a District. Based upon the aforementioned findings, the creation and establishment of the proposed District would not be inconsistent with any goals, policies, sections or portions of the Growth Management Plan, even if it were to exercise any and all of its statutory powers. In fact, the proposed District would further the Growth Management Plan overall, and many of its specific components. Further, the creation and the establishment of the proposed District will not be inconsistent with those parts of the Growth Management Plan which do not relate to the creation and establishment of a District. ~.G~A ITEM Cedar Hammock NOV 2 3 1999 June 11, 1999 23 Factor Three Factor three deals with whether the area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Keyterms and words are defined from a planning perspective as they relate to Factor Three and infrastructure delivery. A "community" is understood to have a social context, and could be defined to be a group of individuals who share common beliefs of what social norms are and should be. These beliefs are linked to political and economic standards as "quality of life". A community can only be stable if the "quality of life" standard is sustainable. Generally, there are two constituents to quality of life, a social constituent and a physical constituent. The social constituent includes the need for acceptable shelter and secudty for the welfare of the community. The physical constituent includes the land uses, roads, park/open spaces and other public facilities and services which lend comfort and convenience to the members of the community. These constituents relate to each other to make the community function. Physical infrastructure then relates to both social and physical functions. Under Factor Three, using the understanding I outlined of a functional interrelated community, I can determine whether the actual physical area within Collier County on which the proposed District would function to provide infrastructure to the proposed community development raises any particular problems as to size, compactness or contiguity. The size of the land area for the community development is 418.8 acres. opinion, the size is sufficient to accommodate the permitted land uses and the rs Cedar Hammock June 11, 1999 In my NOV 2 3 1999 24 interrelated infrastructural facilities and services, and is therefore adequate to meet the intended purpose of the development. In addition, the size is sufficient to operate as a community because it has been master planned to be efficient in land utilization, to provide for all land uses necessary to be physically, and socially self sustaining. Compactness is spatial terminology related to closeness or configuration of lands contained within a property's legal description. Geometrically speaking, a circle would be the most compact land assemblage, however, it may not be the most efficient. Having reviewed the proposed Cedar Hammock District's land area, I find that its boundaries are not geometrically problematic, are sufficiently compact and have no major obstacles separating the land uses. It is not substantially divided and the land area is such that there can be both physical and social functions. In my opinion, therefore, the land area within the proposed community development which would be serviced by the District is sufficiently compact to be a functional interrelated community. Contiguity is another spatial term which can describe lands which are adjacent, wherein areas are in actual contact or are separated by no more than a road or street. In reviewing the land area which will be serviced by the proposed Cedar Hammock Community Development District, I believe that the land is sufficiently contiguous to be a functional interrelated community and it allows for the efficient provision of infrastructural systems, facilities and services. Local Specialized Problem: None Cedar Hammock June 11, 1999 NOV 2 3 1.,o99 Factor Six This factor, dealing with land area, is more appropriately analyzed out of numerical order so as to be associated with the preceding factors which also relates to land area issues. Factor six considers whether the area that will be serviced by the District is amenable to separate special-district government. In reviewing information about the proposed District from this perspective, I have determined that the terminology "separate special district-governance" means governance, established by law through petition and votes by the Board of County Commissioners, with limited infrastructure management special functions and related powers to levy taxes to special assessments and issue bonds within a legally defined geographical area. The proposed District, if established, would be a special district government. The term "amenable" can be defined to be an appropriateness for accountability, or responsive. Having determined that the land area is of sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an interrelated community, I now as a planner must determine whether that land area is also amenable to being governed by the Community Development District as set forth in its uniform charter in Section 190.006 through 190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the District of any and all of its special powers in that charter. In my opinion the land area for the District is amenable to special district governance because the land area proposed to be established as a District has the need for the services and would benefit from the facilities that the special district would provide and though my previous findings, the land area is of sufficient size, sufficiently compact and contiguous to be a functional AGE/~A ITL interrelated community. Cedar Hammock June 11, 1999 -NOV Pg.26 .'~0C~ Local Specialized Problem: None Factor Five Factor five is also addressed out of numerical order. It deals with whether the community development services and facilities of the proposed District will be incompatible with the capacity and uses of existing local and regional community development services and facilities. I have reviewed the land area on which the proposed District will be established to determine if there are any regional systems, services or facilities which through their existence may be problematic related to District functions, and found no such facilities. Therefore, no problems would be created. Further, by legislative mandate all actions and implementation of any or all of the District powers are governed by and must not be inconsistent with Collier County's Growth Management Plan. This insures compliance with county land development regulations and concurrency requirements. Local Specialized Problem: None Factor Four Factor four, which is also taken out of numerical order, deals with alternatives which essentially require the Board of County Commissioners to use relevant, material and pertinent information as to the various alternative ways to provide basic systems, facilities and services to the community development. From a planning perspective there are three alternative ways to provide basic systems, facilities and services to the community development on this property in Collier County. The first is private, through dew Cedar Hammock June 11, 1999 i A~A ITFJ~ ' I°pe~o./,,,.f Ccj I NOV 2 3 1999 managed improvements, separate private infrastructural contractors, a private utility company, a homeowner association, or any combination of these private means of providing community development services and facilities along with related financing powers. The second alternative would be public either through county management and financing through dependent districts, or through County management with financing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third alternative would also be public but through the specialized but limited Community Development District provided for by Chapter 190, Florida Statutes, which coincides with both public and private interests and capabilities. Planning considerations needed to determine the best alternative to deliver basic infrastructure to community developments are the following: whetherthe alternative is able to provide the highest quality systems, services and facilities; whether the alternative is capable of delivering the facilities, system and services in a timely manner when the community development service and facility demand occurs; whether the alternative has a means of management to be responsive to the community development over the long term; and whether the alternative could obtain and maintain long-term financing to facilitate the management benefits. The supply of infrastructure in advance of the impacts of the actual development, concurrency, is an important consideration. In this regard, it is vital to have an understanding of the community development infrastructure commitments during the master planing process to propedy and efficiently phase the construction of the community development facilities. This allows a full utilization of facilities before new branches of AGF' NOA .. these facilities are constructed. Cedar Hammock June 11, 1999 The statutory District reporting mandates des( ibeX. =,,/~'j _/ NOV 2 3 1999 previously can be utilized by Collier County as a concurrency management mechanism to implement applicable provisions (i.e., Future Land Use Element, Capital Improvement Element, etc.), of its Growth Management Plan. The Community Development District alternative means of providing community development systems, facilities and services allows for a superior cooperative concurrency management program between the county general purpose government and the District special purpose local government and the private landowner and developer. Local Specialized Problem: None Long term and sustained adequacy and efficiency of infrastructure are important, and I note that among the three alternatives the proposed District would more closely and efficiently manage services, system and facilities given the District's sole responsibility is the community development's infrastructural needs, both immediate and in the long term. Further, a District can be more responsive to the residents of the community development and affected landowners than can be provided by the alternatives which have either a broader public demand, or a narrowed short term interest. Regarding the important planning principle of long term implementation and maintenance, I find that among the three alternatives the District's unique operation and management role would provide the community development residents greater assurance of the maintenance of the community development services and facilities (which would not be otherwise provided for by the alternatives) at such a high level of sustained quality, particularly in the long term. Collier County could supply the community development infrastructure, but it does not have the opportunity for phasing flexibility, nor does it have focused attention for monitoring and maintenance as would a District. Cedar Hammock June 11, 1999 This again i~ du~...,/,~(,a) / I NJV231999 to Collier County's general purpose, where it must be responsive to multiple community developments and other special interests, whereas a District created and established pursuant to Chapter 190, Florida Statutes, has an expected singular special interest of the community development that it serves. The private installation of community development infrastructure, while providing quality systems, services and facilities may not have the management and maintenance longevity, particularly when the community development is "built-out" and traditionally turned over to homeowners and/or condominium associations which traditionally are only interested in their individual association matters. The proposed Cedar Hammock Community Development District is the most appropriate means of providing community development systems, services and facilities because it is functionally involved in the overall physical master planing of the development, equitably distributes the costs and responsibilities to the users of the systems, services and facilities, provides for long term maintenance, and provides a greater assurance that the residents of the Cedar Hammock Community Development District will have a sustained quality of life. Local Specialized Problem: None. Question: From your professional perspective, how would you determine whether local government systems, facilities and services would be so fragmented, so duplicated and so proliferated as to be needless and unacceptable? Answer: ^ distinction must be made as to what services, facilities and systems would be provided by the local general purpose govemment in the delivery of the necessary capital infrastructure. All internal water distribution and sewer collection systems in the Cedar Hammock Community Development District will be constructed to Collier County standards. This will serve to integrate the improvements into an overall s Cedar Hammock June 11, 1999 AG~A ITE~ ~ter~.~ · NOV 2 3 1999 opposed to fragmenting and duplicating them. C(.mmunity development services other than water and sewer, such as roadways, stormwater management and street lighting are not typically managed by the county. The Cedar Hammock Community Development District will provide these facilities and services and provide for their long term management. Question: On this particular site, with this specific proposed District in Collier County, is there any reason why its creation and establishment would: a. Constitute such duplication of local government services as to be bw needless and unacceptable? Constitute such proliferation of local government services as to be needless and unacceptable? Constitute such fragmentation of local government services as to be needless and unacceptable? Answer: No. Given the fact that the District has the obligation to comply with all of Collier County's development review and permitting requirements, the local government will retain the ability to integrate District systems and facilities into its regional design, eliminating the possibility of duplication, fragmentation and proliferation of government services. Question: Whereas it is nice to talk about how Districts meet concurrency requirements in Collier County for this proposed development, don't the other alternatives apply? Answer: The financing and construction of the Cedar Hammock's infrastructural facilities and services concurrent with the community development demand allow growth to pay for growth. Further, the establishment of the Cedar Hammock Community Development District guides growth by assisting Collier County in the design, construction, operation, maintenance and financing of public infrastructure, or with concurrency. The District is more focused. The reports which are required for a District require full disc of the District's plans. The County can rely in their Capital Improvements progra Cedar Hammock June 11, 1999 nming NOV 2 3 1999 on the Districts's programming both for improvements within the community development and those related improvements outside of the community development. Question: If Community Development Districts offercompetitive advantages to the landowners and developers, in general, would they apply in particular for this proposed development and, if so, would that not constitute the basis for needless proliferation of requests to the Board of County Commissioners for such Districts? Answer: Although there are distinct advantages of a Chapter 190, F.S. District to both the community development residents and the developer of the community, the developer has significant costs to establish the District which must be absorbed by the beneficiaries of the community development facilities and services. Thus the size of a community development must be large enough, or have sufficient electors to absorb the costs associated with establishing a District. Additionally, the administrative requirements of a Community Development District are perpetual, for as long as the District is in existence, which could be considered to be burdensome by the residents of the community development. These are a few self-limiting characteristics inherent to Community Development Districts which tend to ameliorate the needless proliferation of this capital facility funding mechanism. Further, the statute and state policy does not say that there cannot be a proliferation of requests for Community Development Districts. In fact, a proliferation of Community Development District s could be very beneficial for the county as long as there is not a "needless proliferation". arrO~lCP ----' '-~ .,, · FLORIDA LAND PLANNING, INC. Cedar Hammock June 11, 1999 NOV 2 3 1S99 PETITION FOR THE ESTABLISHMENT OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Prepared by: Kenza van Assenderp Young, van Assenderp, Varnadoe & Anderson, P.A. 225 South Adams Street, Suite 200 Tallahassee, FL 32301 850-222-7206 AGE, i',i~A ITE. M NOV 2 3 1~9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT / PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT U.S. HOME CORPORATION, by and through its undersigned attorney, ("Petitioner") petitions the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Commission") to adopt an ordinance establishing on certain property the uniform Community Development District, as created by general law, the Uniform Community Development District Act of Florida, chapter 190, Florida Statutes, (1999 and hereafter), and to designate the proposed land area within which the District may manage and finance basic infrastructure, systems, facilities and services, pursuant to its uniform general law charter, sections 190-005 - 190.041, Florida Statutes. In support thereof, Petitioner submits: 1. U.S. Home Corporation, with its principal place of business at 10491 Six Mile Cypress Parkway, Suite 101, Ft. Myers, FL 33912 and its Vice President & Project Manager is Peter Comeau. 2. The land area to be served by the District is in Collier County. The land area is bounded on the North by Radio Road & Interstate 75; the Northeast by undeveloped and low-density residential property; the East by State & County Road 951 (Isle of Capri Road); and the South and Southwest by the Naples Heritage Golf & Country Club/Phase One; and the West by Davis Boulevard, and comprises approximately 417.3 contiguous acres. A map showing the lc the land area to be serviced by the District is attached as Exhibit "1 ." 3. A metes and bounds legal description of the external boundaries of the District is attached as Exhibit "2." There is no real property within the boundaries of the District which is to be excluded from the jurisdiction of the District. 4. Attached as Exhibit "3" is documentation constituting written consent to the establishment of the District by the owners of 100% of the real property to be included in the land to be serviced by the District. 5. The five (5) persons designated to serve as the initial members of the Board of Supervisors of the District, who shall serve in that office until replaced by elected members, as provided in section 190.006, Florida Statutes, are: a. Peter Comeau, whose address is: 10491 Six Mile Cypress Parkway, Suite 101, Ft. Myers, FL 33912 b. Constantine Benitez, whose address is: 10491 Six Mile Cypress Parkway, Suite 101, Ft. Myers, FL 33912 c. Jeff Ledward, whose address is: 6249 Presidential Court, Suite B, P.O. Box. 06576, Ft. Myers, FL 33906 d. Joe Grimes, whose address is: 10491 Six Mile Cypress Parkway, Suite 101, Ft. Myers, FL 33912 e. John F. Stanley, whose address is: 2600 Airport Road South, Naples, FL 34104 [/ 6. The name of the District is the Cedar Hammock Community Development District. The District charter is a uniform charter created expressly in uniform general law in sections 190.006 ~rcllt' through 190.041, Florida Statutes. 7. A map of the proposed land area of the District, as established, showing current major trunk water mains, sewer interceptors and outfalls, if any, is attached as Exhibit "4." $. The cstimale of proposed timetables and ~'clated costs of construction and provision of District syslcms, Facilities and services which arc contemplated by Pctilioncrs and which may be proposed t0y Pclition to thc District Board of Supervisors, xxhen established, and based upon available data, which are subject to change, is auachcd as Exhibit "5.' 9. Collier County i~as adopted ail mandalorv clements of ils Comprehensive Plan known as the Collier Comp~'chcnsix e Plan, tbtmd in County Oxtinance No."89- (15", as amended, in accordance with requirements of tlae I,ocal Govcrmncnt Compt'chcnsive Comprehensive Plat~, as amended, is wilhin Ibc posscssitm of Collier Cotmty auld its slal'l'so thai accordingly, a copy offonly thc approt, ri[~tc pages and provisions is itllachcd as Exhibit "6-B." 1 (). l-he Statement of Estimalcd Regulatory Costs of lbo grantinu by lhe Commission of this Pclition, and lhc establishment of the District, as creaied by tmiCorm general law propc~av, in accordance with section 100.005(2), Florida Slalulcs, and Rule 42-]. ,,tdmi~iswatix,e Code. is attached as Exhibit "7." i i. Petitioner contemplates a petition by thc District, once established, to obtain consent ~" t ,~r,,,a Siatuics, Io exercise some or all tiao Ol me Commission pursuani io scciion 190.012(2), -"- :-~ poxx ers granted to the Districl by lhe general law chatqcr upon such consent. 12. Pclifioner acknoxvtcdgcs certain lega! and policy poinls regarding ll~e Collier County Watcr-Scxver District and related matters, as set lbrth in the oflicial Acknoxvledgment attached to as lExhibit "S", and incotporalcd herein by reference. this Petition ~'1t EREFORE, Pelitioncr respectfully rcquests Ibc Commission to: A. Direct its staff ~o notice, as soon as practicable, a local, public, non-emcrgcncy, informalion-galhcring and ordinancc-enactmcnl hearing pursuant lo lhe requircmenls of section 190_0[15(2)(c). l:]nrida Statulcs. o~a lbo subject ofxvholhcr to grant tho potition Ibr tho eslablishment of thc ('cdar l lammock Community l)cvclopmcnl Districl and to CllitCi ibc ol'(llllallCC io CsLab~n thc Dislrict. under scclion 19()J)12(21. l"lorida $!a!ulcs: 'u~ . !inall> prux itlc Ih'at, · ' consent bx the county 1o exercise Li,,)x other 1)oxxcrs xxhich may be aulhori×cd by general law, the legal existence arid authority ul'd~c D/strict shall have already bccn decided by Ibis ordinance. Rcspcctfifily submiucd filis~/_ day of Vice Prcsi&,l & Project Liana=er° V~ll~, vail Asscnderp, Vamadoe & Anderson P.A. 225 ~ Adams Slreet, Suite 200 P. O/Box t833 U.S. Home Corporation 10491 Six Mile Cypress Parkway Suite 101 Ft. Myers, FL 33912 Tallahassee, Florida 32302 (850).~_~ ~_-~ 7~06 Attorneys for Petitioner CERTIFIC,.XlE OESERYICE uue ano accurate copy tu thc fo~cgumg x~as c. ..... :~.~ .... ~ this~ay. ~,kliEREBY,, CERTIFY a ..... of~, 1999, by U. S. Mail to: David C. Weigel, Collier County Altomcy; and, ltcidi F. Ashton, Assistallt County AttOHI~y, CoHi~F County AttoFBeN 7 ~~ CoMllty, .nD0 ] East Tallllaml Trail, Naples, FL 33962. EXtIIBIT "1" Location of Land Area to be Serviced SITE LOCATION MAP ' ri L ,, LOCATION ,'~..~ ,,.,x,-,.,~ 5-xX;:__/_ ,- ~ \ ..., SECTION 03, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CEDAR HAMMOCK ---1 PROJECT LOCATION MAP EXHIBIT EXHIBIT "2" Metes and Bounds Legal Description ngineerin , · - ...... '" ........Land P,7ofes$~,o,r;a! Ei;g;;;=~;-_,,.,'-,~,. ...... ,;,-,- m EXtiiB1T 2 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50, RANGE 26 EAST COLLIER COUNTY, FLORIDA (CEDAR HAMMOCK) A TRACT OR PARCEL OF LAND, SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLIJ1L:R, LYING IN SECTION 3, TOWNSIIIP 50 SO[ITH, RANGE 26 L:AST, AND BE,NG FiJRTftER BOUND AND DESCRIBED AS FOI.IDWS: BI.'~GINNINt¢ AF S()[ iTl iV,'t:S i ~ '()}xN}-,R t)[. c,.,, -., _ o,:, l~t)Ng TOWNSItl 50SOUI'II, SOL.). !! 1_!~15 OF i !!E SO(JTI-!Wi~ST r)l JAR i'ER {)F q_,'~ ~:..: :,~-~{ ~ ?i()N 3 }:'OR '¢ <67.00 iq(ET RECORDS BOOK 1945, PA(iES 177 AND 178, COI,i,IER COUN'I Y PUBLN' RtSCORDS; TtIENCE N. 00© 51' 56" E. ALONG Tt~E WEST LINE OF SAID PARCEL FOR 2778.4] FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; T11ENCE S. 89° 19' 38" W. ALONG SAID SOUTH LINE FOIL 1827.03 FEET TO THE SOUTIIEAST CORNER OF THE WEST ONE HALF OF TIiE WEST ONE I]ALF OF TIlE NOR'I]tEAST .QUARTER OF ca~n~, ,,~ SECTION ~,~' THENCE N. 00© !7' 56" .~.Y .~.~.(~S~ TIlE ......... V~T ~ ]NE OF SA1D }:~C'[ION OF SECTION FOR 704.31 FEET; TtlENCE S. 89© 34' 06" W. FOR 652.88 FEET TO THE WEST L~E OF SAID F~CTION OF SECTION; THENCE N. 00© 07' 06" E. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 FOR 1974.83 FEET TO THE SOUTHEASTE~Y ~GHT-OF-WAY LINE OF DAVIS BOULEVA~ (S.R. 84) (150 FEET ~DE) ~D ~ INTERSECTION WIIH A CURVE TO THE LEFT, HAV~G A ~DIUS OF 3224.04 FEET AND TO ~ICH FNTERSECTION A ~DIAL L~E BE~S N. 13° 45' 10" W.; THENCE SOUTHWESTE~Y ALONG SAID CURVE ANDo~e ~ ~n PdGHT-OF-WAY L~E THROUGH A CENT~L ANGLE OF 05© 30' 05" FOR 309.56 FEET TO THE BEGGING OF A COMPOL~D CURVE TO THE LEFT, HAVING A ~DIUS OF 2789.79 FEET; THENCE SOUTHWESTERLY ~ONG SAID CURVE AND SAID RIGHT-OF-WAY LINE TttROUGtt A CENTRAL ANGLE OF 40© 27' 49" FOR 1970.2! FEET; THENCE S. 30° !6' 56" W. ALONG S.MD ~GHT-OF-WAY LINE FOR 1618.28 FEET TO THE xrO~WU ~ ~x~= OF ,u . xur:c~ OF , H,: NORTHWEST SHEET I OF 3 38" E. ALONG SAID NORTIt LINE FOR 643.12 FEET TO THE NORTHEAST CORNER OF SAID FRACTION OF SECTION; THENCE S. 00° 27' 35" E. ALONG THE EAST LINE OF SAID FRACTION OF SECTION FOR 1403.17 FEET TO THE SOUT!!EAST CORNER OF SAID FRACTION OF SECTION; THENCE S. 89° 08' 20" W. ALONG THE SOUTH L1N-E OF FRACiiOiN OF C~F'.'~'~T/~XT rt-,n t'ar ar pr'pT TO q'lll~ SECTION 3; THENCE S. 00° 39' 04" E. ALONG SAID WEST LINE FOR 1405.28 'FO THE POINT OF BEGINNING. PARCEL CONTAINS 417.32 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. SUBJECT TO FACTS THAT N,La.Y BE REVEALED BY AN ACCURATE BOUNDARY SURVEY. ........... S'-D .... ti ..... ' ......... ARE 1~,4, i; tJ~ i ~: SOiJTilEASTERLY RiGl-t t-tar-,,,,'~,x x OF DAVIS BOULICv~Ai~D (S,R. 84), AS BleARiNG S. 30* i6' 56" W. DESCRIPTION FILE:f263,03 SHEET 2 OF 3 NAPLES EER~TAGE GOLF AND COUNTRY CEDAR HAMMOCK B OUND_ARY LIMITS C.D.D. EXHIBIT "3" Documentation of Consent of 100% of Landow"ners To Establishment of District U.S. Home, Inc., by and through our authorized representative, Peter Comcau, Regional Vice-President, CLYDE QUINBY, individual and trustee, and THOMAS DUFFY, individual and trustee, hereby certify thai U.S. Home, Inc., with its principal place of business at 10481 Six Mile Cypress Parkway, Ft. Myers, FL 33912, is the ov,,,ner ofce~ain properts, located in the Collier County and more panicu!arly described as follows: See Exhibits 1 & 2 of the "Petition to Establish the Cedar ltammock Community Development District" incorporated herein by reference. By signing below U.S tlomc, Inc., as owner, or controller of 100% of the proposed land to be included in the Cedar t!ammock Community Dcvclop,~,u,tt District, as evidenced by documcnlation attached hereto and incorporalcd herein by reft:fence, hereby give ft.dl u,u~scnt to thc establishment by counD' ordinance of thc !IAMM()(.'K (.'('~N'iN'il INtI'Y I)tLVI{1.C)~':xli:N'I'~'' '- -' ~ . 190.005, Florida %tatulcs, and to thc i~,~'l'.~,:~,,n ufour properly x~ilhi,, ~he proposed ~ ...... r~,'. ,,r,1 .... .,,; i ra;~,~;,,, '!'hi~; {)i'~;i~x'rl'r' "0'''iit''t''~' l~tthoZ. ,,t'th.- ....... ~" '" b ' ' ;,' -'" no chi .... :<ist within thc i~l,~fx:,,cd boundaries oflhc included ,,,.i~,'.,,~ thc I),,:.tt lc, ::~,J i'~', said District. iN WITNESS WItI!RI{OI:, I hereunto set my hand on thi~/O day of 1999. Regional Vice-President U.S. Home Co~oration FLORIDA LEE COUNTY The foregoing instrument was acknowledge before me this /o'~L day of ~/_,~_~ -_~_, 1999, by Peter Comeau, Regional Vice President, U.S. Home Corporation. Personally known __ Produced Identification Type of Identification Prodnced` OFFI:IAL NOT, AI~Y .qF_.AL LUClLLE F BARRETT NOTARY FUBLIC ffFATE OF FLORIDA ~OMM~C.~cION NO. CC72, ,!216 [ MYCOMMISS~ON EXP. MAR- 3flC~2 ] My commission expires: NoraD, public (Printed Name of Notary Public) , ~ x~ Dar ~Ix~DE QUh,~BY ' e ~ 1~~,~ ,~..,,: .,,.'%,.,n .... I .,t,,,~ 1),.~r .... ~ ~ tk;c day of _, 1999, by Clyde Quinby, of ~ ._ .' Personally known ............................ ........~ Identific:~-~n Produced _ N Ty~ of Identification produced ~~ Nota~' Public My commission expires: ~~~~~ic) ~ My commission expires: (Printed Name~ _ CLYDE QUII, JBY :nu~,dual and Trustee Date Personally known ~_.X_.. Produced Identification Type of Identification Produced Notary Public My commission expires: (Printed Name of Nolary Public) *~oM^S m,~_~¥, '-' //'7/ Individual and Trustee v ,.. Date FLORIDA / I,~,< ~LT~_~ COUNTY ?~£ P~.=~Z~1999, by Thomas Duff3', of___ ~ ersona,,y known j~ The foregoing instrument was acknowledge before me this ,'0 day of Notary Public My commi.%ion expires: (.Printed Name of Nota~, Public) EXHIBIT "4" 4-A Location Map of Utilities Water Mains, Sewer Interceptors and Outfalls, if any /7 EXISTING 16' WATER MAIN EXISTING 14" FORCE MAIN EXiSTiNG gO" WATER MAiN CEDAR HAMMOCK EXISTLNG UTILITY MAP ~nnks ~nginerring, a~nr. [ U. S. Lb L.b SITE LOCATION MAP PINE ~ RIDGE E GOLDEN GATE PKWY.m ///---- % ~ / DAVIS BLVD.. ~,., ROOKERY BAY 1~ / BLVD PROJECT N.T.S. INTERSTATE 75 SECTION 03, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CEDAR HAMMOCK OUTFALL MAP EXq-tiBIT "5' Documentation of Proposed Timetables for Construction of District Services and Estimated Cost of Constructing the Proposed Services 6-B 6-C 6-D EXHIBIT "6" Collier County Future Land Use Map Collier County Comprehensive plan, Urban Mixed Use Residential District FDCA Letter of Collier Count Plan Compliance Notice of Intent THE LAND DESIGNATION OF THE PROPERTY WITHIN THE DISTRICT IS: "URBAN RESIDENTIAL" COLLIER COUNTY GROWTH MANAGEMENT PLAN ADOPTION NOTEBOOK ORDINANCES 97-53 TO 97-6 7 ADOPTED OCTOBER 28, 1997 II. III. IV. VI. VII. VIII. _T _A..BLE GENERAL PLAN REQUIREMENTS Adoption Ordinances CAPITAL IMPROVEMENT ELEMENT Goals, Objectives and Policies Implementation Costs and Revenues implementation Programs TRANSPORTATION ELEMENT Goals, Objectives and Policies Future System PUBLIC FACILITIES ELEMENT SANITARY SEWER ,~:UF~'-ELEMENT * Goals, Objec. liw~s and Policies * Sanitary Sc',~.c~r Sub-Ei~ nent Maps * P~ oposed Sa~ ~itary Sewer Facilities PO'FABLE WATER SUB-ELEMENT * Goals, Objeclives ;~ld Policies * Pokab.e Water Suh-[':',e~nent Maps * Proposed Sanita~ y S~.>,'ver Facilities DRAINAGE SUB-ELEMENT " Goals, Objectives and Policies SOLID WASTE SUB-ELEMENT * ~....,o r",,.;,.~i,,,~ and Policies NATURAL GROUND WATER AQUIFER RECHARGE SUB-ELEMENT * Goals, Objectives and Policies HOUSING ELEMENT * Goals, Objectives and Policies RECREATION AND OPEN SPACE ELEMENT Goals, Objectives and Policies CONSERVATION AND COASTAL MANAGEMENT ELEMENT * Goals, Objectives and Policies INTERGOVERNMENTAL COORDINATION ELEMENT * Goals, Objectives and Policies IX. Xi. Y, ll. FUTURE LAND USE ELEMENT Goals, Objectives and Policies Future Land Use Designation Description Future Land Use Map Series *Future Land Use Map *Activity Centers Maps *Properlies Consistent by Policy (5.9, 5.10, 5.1 1 ) *Collier Counly Wetlands GOLDEN GATE AREA MASTER PLAN Goals, Objectives and Policies Designation and Description Section Golden Gate Future Land Use Map IMMOKALEE AREA MASTER PLAN Goals, Objectives and Policies Designation and Description Section lmmokaiee Future Land U~;,:~ ','viap MARCO ISLAND MASTER PLAN !ntroduc!ion tJ ~ L~rVlt~g~/ [d;~rco Island Future Land Use Map There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: Ca!cu!ated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth ~ ~ ......... ,V,d, ,~u,,,u, ,t Plan. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquffed at any time as long as the following conditions are met: the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Manag,~,,,~, ,~ Plan, and the facility does not contradct, lira t or s~bsla~tiaily change tl'~e goals, objectives and policies of any eleme!',t ef this Growth Managelnent Plan. Any public facility t!~al is dete~ninc:d tu be needed as n result of any ~;f t!~r:' f;:~:t::;:s listed in S~-, i;,,r~ B al~d P of this Policy sl;all be i~,.l~ltz,.! h} tl-,e fefj~lal Scl'~cdule of C;~l ~[ ,I l,,~l)~,-,.,',.m~.!,~q cr>,~tninnd ~n this ~af)it~d Improvement Ele~nent. Al', c;~pitai h~p~uve~ne~l projects fur s~.~t;i~ F, uL.}~c fa,.i!it~es s~,all be pproved in the same manner as tl:e p~ ojects ti ~at are identified accordi~-~g to the qum ~titative ~nalysis described in Section A of this policy. Policy 1.1.3: The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other 9overnmenta~ entity p~oviding public facilities within Collier County. Policy 1.1.4: Public facility improvements within a category are to be considered in the following order or priority: Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of the Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: _previousl,v approved orders permitting redevelo,r)ment, previously approved orders peri'hitting new development, new orders pemfitting redevelopment, and CIE-- 4 FINANCIAL FEASIBILITY ;EIJECTIV[ 1.2: ~-'rovide public facJ!ities in order !o maintain adopted level of se.trice standards that are within the ability of the County to fund, or withir~ the County's authority to require others to provide. Existing facility deficiencies measured against tl;e adopted level of se:vice standards will be eliminated with revenues generated by ad valorem taxes and intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Policy 1.2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which i~ave not been rejected by referendum, if a referendum is required to enac~ a source of revenue. Policy 1.2.2: Existing and future development shall both pay for the costs of needed public facilities. Existing development ...... pay some or ~,, s,,~.~ for ~,, r~;,;~ ~. ~,.~ ,e,-Ju~e ~limi ~t~ existing rh~fici~nr: es. some or all of the replacement uf obsolete or worn out facilities, and may pay a pc~tion of the cost of facilities l'~eeded by future development. Both existi~g ai~d future d,:,'.',-'h~!,,,~ent ~,u~>, ~,,,e [:,~i~[ of their costs paid hy g~ ants, entitlements or public facilities flora other !eve!s of gove~,~;~en[ a~}d :,~lependent districts. Policy 1.2.3: -~ublic facilities financed by County enteiprise l-unds (i.e, potable '.'.ater. sanitary sewer and sulM waste) iY~ay u~ ~d~u~d by det)t tO be repa~q b)' LIUUI fOeS ~ -t ''~ ' facilities may be financed fi-om current assets (i.e., reserves, su~ pluses and current revenue). Policy 1.2.4: Public facilities financed by non-enterprise funds (i.e., roads, surface water management, parks, library, emergency medical service, jail, other government buildings, and dependent fire districts) shall be financed from current assets (pay-as-you-go financing) except as otherwise provided in this policy. Public '~' "~ ' ~d~.i t~,c= financed by non-enterprise Cuq¢iq .... ........ ~ila i not be f n~nc~d. ..by uuut"-'- .... u~ ,~'--- such ,.,u,, ~' ....... ,.,~,,,:-~,~ is the only financing technique available that will enable the County to provide facility capacity sufficient to meet standards for levels of service concurrent with new development. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy, general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the five year capital improvements plan or for excess capacity. Policy 1.2.$: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and rnaintenance costs of tile facility. 2olicy 1.2.6: CIE - 10 V. GO_ALS,OBJECTIVES AND POLICIES GOAL TO PROTECT THE uc.~: TW ANn SAFETY OF 'rHF P' 'a!tC BY ENq~ IRING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and/or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in ti~eir respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan~ In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. Policy 1.1.1: Continue the development of the Collier County Regional Sanitary Sewer System consistent with the Capital Improvements element to provide for future growth. Policy 1.1.2' Consistent with the urban growth ?!icios of the Futu;e Land Use Fh.~,.~..~)r~t or this Plan, provision of . .: '. ~:'. h ,u sec'vice a~ ~hown in this ~h~r} and to ,,,r;., sanitary c. ewer so.ice b7 the Co~nty is !infited tr~ ' -- ,.,;~,~ a~eas wh~z~u ,:.¥;. ~'?.~.~.~t~ has lega. con~mif~m~ds lo p[ov~de facilities a~t[ ~v~c~.s as of tl~e d~t~ of adoption of ti'.[s [%~i. Policy 1.1.3: By the time mandated for the adoption of land development ~egulations pursuant to Chapter 163.3202, F.S., including any a~endments thereto, the County will esb~blish and in~ple~nent a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual staternent of their policy and service criteria, including level of service provided, consistent with the goals, objectives and policies or this Plan, for the expansion and/or replacement of their facilities to co~rect existing deficiencies arid provide for future growth within their respective service areas. Also, County Ordinance 80-112 requires and new development connecting to private STP submit capacity availability information with building permit applications. Policy t.t.4: Permit development of package sewage treatment plant systems only within the Designated Urban Area of the Pfan in areas where County wastewater service is not currently available, and allow only on an interim basis until County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. Policy 1.1.5: Continue enforcement of ordinances lequiring connection of existing and new development to central sanitary sewer systems wl~en riley become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. SS- 1 Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary .......... ~=,,=, oyS,=,'--'~,, projects ...b:~k ...:11 p .... ;--~^ ~ ...... f~¢ ~h~ ~, ~t =ha ¢nnn~tinn of ~'i~ting n~ekaae sewaae treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affectu~-,,~' '~ health and safety or the environment. Policy 1.1.7: Where Community Development Districts, or sirnilar special districts are established to provide a tool for developers to finance infra-structure or other purposes, wholly or partially within the Collier County Water~Sewer District, sewer service wilt be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76; the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter !63.3202. F.S... mciu,au' .... '-~g any -~'~ ...... ' ' .... ;"~, F ~,,,~, ,~ F, ~-,, ~¢t ..... t,~ .... ~, ,~.,.,, ~ ~, ,,-¢ fh.t.,,~....*f the n~irfimum Level of Ser'¢i,_e ~tand?,U::; ~:nhd)lished herein is nvai!abte or wi;~ be 4cva:,i~Ue to serve the .Jr .,e',opment undet tho guido?,ncs etctablisl~ed for ccncurrer'.%' [',~ tl ~e Capital in~t:rovu~ ~ent Elelnent of tiffs Plan. Policy 1.2.1: The following Level of Service ([.OS) standards are hereby adopted and shall be used as tt]e ',asis '~- ue ,~:,,u gei ~ ~,.~u a develop~nent: ~u~ determining the ~ '~*';~' ' ,:,va~ ¢,~,,,,y of facility ca~i)a..s~iy and tlne ......... , ......... by [Note: The County Standard of 100 9Pcd (gallons per capita per day) phis the 21% non- residential adjustment factor discussed in Section 111 is presented below as 121 gpcd (100 x 1.2~ = 121) for simplicity.] LEVEL OF SERVICE FACILITY/SERVICE AREA STANDARD Collier County Facilities Nodh Sewer Service Area Central Sewer Service Area South Sewer Service Area Marco Sewer Service Area 121 gpcd 121 gpcd 121 gpcd 121 gpcd City of Naples Facilities Unincorporated Service Area 121 gpcd Everglades City Facilities Unincorporated Service Area 121 gpcd !n,.,=t:e,,,_,~¢.. Districts/Private Sector Svstems -,-, ...... .~.-.~ ~.^.~.....4,~ ~,- r.-,, ..... ; .... sewage flow d,~ig ~ standards (Source: Chapter !0D-6, Florida Administrative CorJe) unlc,_q.$, nthc_rwi.~ approved bv the Board of County Corem ss,oners to address econon'.,.c, social anc constructior~ ~nethod variations between individual systems. /~Cp SS- 2 Policy 1.4.4: At such time that effluent will be available, permit the construction and connection of dual water c,,,,¢;_.~.,.~, *,-,.v th,,,.~ ,'¢,,vv .... ,n~v'~: ...... e.fl'l..uc, nt -~y.~tem: .... (i.e... . separate, potable water and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.$: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier "' .... ~" Water-Sewer ......... , ...... ,.,,.,,.,,,,:~ ~;~,-~ ar,,~ where such districts make prov sons for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and ali internal irrigation systems shall remain in private ownership and master metered by the County. OBJECTIVE 1.§: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the u~,,=lop,,,~, ,, ....... .-,~,4 ............ ~,~- ............ 1 p,o,-,-*-- by imp ......... prt~pnt i~g the following po c es. Policy 1.5.1: Discourage u~ban sprawl by permitting central sanitary sower :-~}.-:h;ms only in the D,:, [U, ;,::led Urban Area of the Future !_~r~d Use Element of this Plan, and in areas where the ()(~u~;[y tl~:~b ',,t-gal con~fitn:ents to provide f~ci~;ties u~d service outsid,:¢ the Llrl-,u~ A~ea as nf ff~¢ dnh~ of ~cl~;i~tion of tiffs Plan. Policy 1.5.2: The County will discourage urban sprawl and the p~oliferation of private sector and/or package sanitary sewer t~eatment systen,s through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. SS- 6 V. GOALS,. OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS ~-O ENVIRONMENTALLY SOUND, COST EFFECTIVE AND ir~iiPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the needs of the County owned and operated systems for the five (5) and ten (10) year planning time flames of tl~is Plan, said supply sources meetin9 the minimum Level of Service Standards established by this Plan. Policy 1.1.1: By June 1998 complete the pilot ASR ( Aquifer Storage and Recovery) system Study as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to implement a prograph feI the protection of existing and pote{~tial potable water supply sources. P,~licy 1.1,3: Identify sufficient quantities cf L, racki~i} '¢..qtur to ~'neet the County's estimated i0 yu~_:~ g','owth related needs OBJEC'i iVE 1.2: Fhe County will in;plernent the folfowin(; policies to make ~:~:~ tair~ that F'U!:!ic and pi ivate sector potable wate~ service utilities provide, rei-,~.h and/or repl;;ce ?table ",,ute? ~.~upp!y, treatment and distribution facilities to correct existing deficiencies in their ~cspuctive service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expa~Med as necessary to provide for future growth. Policy !,2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of ¢.e~rltr8! pa..able w.aler service by the County is limited to the service areas shown in this Plan and to ereaa where the County hae legal commitmenta to provide facilitiea and services as of the date of adoption .... : '-- Policy t.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, estabiish and file with the County a statement of their policy and criteria, consistent with '~'~, ~u goals, objectives and policies of this Pt~, ,~,~ for the expansion, replacement, and/or repair o-t their-facilities to cot rect existing dei'iUib~ ~cies :a~-,d 'pi-ovide lot-future growth within their respective service areas. PW- I ..-Policy 1.2.4: ~.rmit development of potable water supply systems or individual potable water supply wells within .,~e County only on an interim basis when connection to an existing central system is not readily a ..... :~.,_, .....4.-.~ sen~'ice and r,~,-,,, re, r'nnnCntinn to the. Countv Reaional System when available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4. Policy t .2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for operation and ownership in accordance with Collier County Ordinance 88-76, the Utilities Standards and Procedures Ordinance, adopted September 27, 1988 or its latest revision, and District construction and operating policies. OBu~.,,¥~1.3: By the ~i,~ -~ mandated for the adoption of land development regulations pursuant to Chapter 163.37f.)2, t-.S., including any a', ~:c,~ ~,Jments thereto, i~plement procedures to ermu~e ti]at at the time a dev~'¢opment ..... ~ ~s .......... o,,~ ....issued, p,;table ,*,~f¢,' fa,-ility capacity that meets or exceeds the mi~fil~urn ~_.._, ..,i al ,-.i...~ ?r:~,,.~r~.,~ ~!an~ .............. ,u,, ,~'-,~-~'""':., s," ..... ,-,,' .... ' ..... ~,r,:' ts'~.~,~"~ ~,"~-'1~,~ ~"~, will be ~. ~.,~,~'~'a~lahlp fn.~ se~e the of ttfis Plan. Policy 1.3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of water usage data since 1989 indicated the LOS standard for finished water should be increased to 185 gpcd. Review of the historical ratio of residential to non-residential demand indicated "~,' approximately 17% of the total water usage is ..... --' '; -r~. ,,... ~un-~,uen, a,. , ,,.,o ,,,e residential demand is 154 gcpd and the total finished water demand is 185 gpcd. FACILITYISERVICE AREA COLLIER COUNTY FACILITIES County Water and Sewer District Marco Water and Sewer District Goodland Water District LEVEL OF SERVICE STANDARD 185 gpcd 200 gpcd 163 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area 163 gpcd EVERGLADES CITY FACILITIES Unincorporated Se~'ice Area 163 gpcd INDEPENDENT DISTRICTS/PRIVATE SECTOR SYSTEMS The sh.~ndard hereby adopted is tile following "sewage" flow design standards, unless otherwise PW- 2 iV. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1' PROVIDE FOR THE CONTINUAL EXCHANGE OF iNFORMATiON AND, TH~ ~= OF ANY INTERGOVERNMENTAL COORDINATION MECHANISMS WITH BROWARD, DADE, HENDRY, LEE AND MONROE COUNTIES, CITIES OF EVERGLADES AND NAPLES, COLLIER COUNTY SCHOOL BOARD, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, AND ANY OTHER LOCAL, STATE, OR FEDERAL AGENCY OR GOVERNMENTAL ENTITY, AND UTILITY COMPANIES SUCH AS BUT NOT LIMITED TO FLORIDA POWER AND LIGHT, LEE COUNTY ELECTRIC COOPERATIVE, SPRiNT/UNiTED TELEPHONE, iMMOKALEE WATER AND SEWER DISTRICT, PELICAN BAY SERVICE DIVISION (MSTU), FLORIDA WATER SERVICES, FLORIDA CITIES WATER COMPANY, MEDIA ONE, AND CABLEVISION INDUSTRIES, THAT MAY BE IMPACTED BY COLLIER COUNTY'S LAND, ROAD OR FACILITY PLANNING TO RESOLVE DIFFERENCES AND TO ACHIEVE COMPATIBLE AND COORDINATED PLANS. OBJECTIVE 1.1' By the time ........ ' ....' ..... ; .... C~,co of Everglades and Noi.,:~,'~" ~,-tcounties, the .... '~ ~-' ' 0 (fo[ rt ['J ~ , al~d at~y otlle~ e~tity tl,at hlt_,vides a service but may l~o[ i~ave ....... ,¢, ,d use ~ ~ ,'~' 'ry. Policy 1.1.1' Collier Counl. y will contit~ue h) utilize existing coordination rnecl~anisms, eg, i~derlocal planning ag~ eements, joint meetings and any olher n-,echanisn} described in this element which promotes consistent planning activities. Policy 1.1.2: The Collier County Comprehensive Planning Section of the Planning Services_Department shall be the designated liaison to disseminate information on proposed Growth Management Plan amendments by the County which effect any of the entities listed in Objective 1.1. Policy 1.1.3: The Collier County Comprehensive Planning Section of the Planning Services_Department shall prepare and review an annual level of service monitoring report of the Growth Management Plan. The purpose of this report is to provide the affected entities with the information in order'to evaluate and - ~-"'--'~ ' .... ' ~' .... :~ *~ " Policy 1.1.4: The Collier County Comprehensive Planning Section of the Planning Services_Depadment shall recommend procedures to be taken if the entity that has maintenance responsibility does not plan for the necessary improvements in a timely manner in order to maintain the County adopted level of service. In situations where other public or private entities are providing a facility or service within Collier County for roads, water, sewer, drainage, parks, or solid waste, the County will coordinate its adopted level of service standard within the parameters allowed by the Cpncurrency Management System of the Capilal Improvement Elemeat of this Plan. OBJECTIVE 1.2: Coordinate Collier County's land use planning strategy, including an assessment o! proposed development, with that of other government and private entities. Policy 1.2.1: Collier County will continue to identify, develop, and pursue areas where intergovernmental land use planning and level of service agreements are needed between respective governmental or private entities. Policy 1.2.2: These intergovernmental planning agreements shall include provisions for review and comment on Collier County land use plans along jurisdictional lines, facility planning for water, sewer, roads, and any other public facilities that may have an impact on other enlities or cause inconsislencies between comprehen, sive plans. Policy 1.2.3: ( ...... ~' 'r ~' ...... tO participate in coupefativeF,,~,, ....., ~.{:.. programc '"..,,'" ..... '"t,e,'" governmental entities. Policy ! :2.4: bo undertaken. This shall i~cl~(h} but not bc ~i~fib}d to a xx~tL:;J plogra~u ro~ the ............:.,,:~ s..,,-n~,-t ,',f~. r,.:i:, ,~s Bay witli [l~e City of Naples; a ~L hlnl lxogiuli: [ol tile management of certain eslua:ix~) areas lt:at fail under ll~e ju~isdictio:~ of more than one local entity; a mutual program for :nanagement o[ groundwater resou:ces willl Lee and ttend~ Counties; and a nlulual program for delinealion and management of watersheds. Policy 1.2.5: The County shal! coordinate plans, programs, regulations and activities for the provision of k~,, ; .....;m ~,~,~o 0r ~aj~re,,t gnuprnlnpnt~ partictilarly lhe City of Naples. Policy 1.2.6: The County shall continue to coordinate with the Collier County School Board on the site selection for new schools and the provision of infrastructure, padicularly roads, to suppod existing and proposed school facilities in accordance with the Interlocal Agreement adopted in accordance with Chapter 163.3177 F.S. on June 25, 1996. Policy 1.2.7: Adopt, and make part of the County's Growth Management Plan, the SWFRPC Dispute Resolution, Rule 291-7, dated April 1994, a voluntary regional dispute process to reconcile differences on plannin9, growth m. anagement, and other issues among local governments, regional agencies and private interest. OBJECTIVE 1.3: The County shall continue to coordinate annexation plans of all incorporated areas in the County. II. IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES GOAL 1' TO GUIDE LAND USE DECISION-MAK!NG SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1' Unless otherw.se permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. The Future Land Use ,v,~p and companion Future Land Use Designations, Districts and Sub-districts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Standards and permitted uses for each Future Land Use District and Subdistrict are ident.f.erJ in the Designation Description Section. Through the magnitude, location and configuration of its corr, ponents, the Future Land Use Map is designed to coordinate '~ - ~ ~a~',u use with ....natural environment including topograplw,, su,s-:' and other resources; promote a so, .......... ,r,H ,o,'nnnr..~,~n/' cnordin,qh~~ ......... coastal_ population -~ .... :~ ...... :~1. ~ [:::)..-,,-,; .... I I-Jurrir'.o,%¢~ ~',,/~¢.~ ~'~fin~ P ;~ ~' ~l-lCl discnurage unacceotable levels of '-'-.':cy I 1' Thc UF'.,SAH '-, ,.,., ,,'..,, .I ;:~;~;~ tl.sc_ De._-.ignatior~ shaJl inch,!c. !:,..;t.L~re Land Usc. Disbicts and F-;;~b,-!istricts A. LIRRAN i. 2. 3. 5. 6. 7. MIXED USE DISTRICT Urban Residentia! Subdistrict Urban Residential F~inge Subdistrict Urban Coastal Fringe Subdistrict Business Park Subdistrict Office and thrill Commercial Subdistrict PUD Neighborhood Village Center Subdistrict Traditional Neighbort-~ood Subdistrict URBAN- 1. 2. 3. COMMERCIAL DISTRICT Mixed Use Activity Center Subdistrict Interchange Activity Center Subdistrict Business Park Subdistrict C. URBAN-INDUSTRIAL DISTRICT 1. Business Park Subdistrict Policy 1.2: The AGRICULTURAL/RURAL Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. AGRICULTURAL/RURAL - MIXED USE DISTRICT 1. Rural Commercia! Subdistrict B. RURAL-iNDUSTRIAL DISTRICT C. RURAL --°-,~TTI FMENT AREA DISTRICT ;1. 0 Policy 1.3: The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts as described in the,.~u~d~,'--, Gate ,-,,~'--~,~, "'~- Pian.,v,,~o,=, Policy 1.4: The CONSERVATION Future Land Use Designation shall include a Future Land Use District. Policy 1.5: Overlays and Special Features shall include: A. AREA OF CRITICAL STATE CONCERN OVERLAY B. AREAS OF ENVIRONMENTAL CONCERN OVERLAY C. AIRPORT NOISE AREA OVERLAY OBJECTIVE 2: The coordination of land uses with the availability of public facilities, shall be accomplished through Concurrency Management System of the Capital Inlprovements Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1: l-h~, County shall pru?~e annua!!y the Annual Update and Inventory Report (AU!R) on P~blic Faci?,t:,cs which shaiJ :~<.h}de a determination of the existing conditions of capita! pub~;~ ,~ ,,~ ;r, mn~:~c,; ................ ~, ~u,t~, [crecast future needs in the five year impre,,,{~mer~t ~:r.:~;~. ]~:h) 3I~d identify needcd improvements and fui~diilg to i iia~i~ta]lq thc k~vel of se~vir:e adopted in r'olicy 1.1.5 mf the Capital Implovements Element, Policy 2,2: Deficiencies or pote~tial deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities n~ay include the following remedial actions: establish an area of significant influence for roads, add projects to the Capital Improvements Element or defer development until improvements can be made or the level of service is amended to ensure available capacity. Policy 2.3: Continue the Certificate of Adequate Public Facility Adequacy regulatory program, which requires the certification of public facility availability prior to the issuance of a final local development order. OBJECTIVE 3: Land Development Regulations have been adopted to implement this Growth Management Plan pursuant to Chapter 163.3202, F.S., in order to ensure protection of natural and historic resources, the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and to provide for management of growth in an efficient and effective manner. Policy 3.ti: Land Development Regulations have been adopted into the Land Development Code that contain provisions to implement the Growth Management Plan through the development review process and include the followin9 provisions: The (..:°lller L:ounty'Subdivision-Code ................................ -" .....' ..... '¢ ~--- S['J~ll J3lUVltJrd lUl plUb~gul~o ainu oto~ug~,, ; ,v, the o~derly development and subdivision of ~eal estate in order to c,~m,m~ proF'.er legal ~ ~ ]]. description, identification, documentation and recording of real estate boundaries and blU~qudte ~ri~ d~tructu~ e for development. Enviror, menta..y sensitive lands shall be protected and open space provided through the required dedication of useable open space, preservation of 25% of the viable, n~tur~iiy occurring, native ....... : environmental impact statement which shall provide for a protected species survey and habitat identification._ Drainage and stormwater management: shall be regulated by the implementation of "-,, ,e ,_,,_,,~,,~'"' '"-, Flor,da Water Manage.~.-nent District. Surface Water Mana.qement~ regulations. The Groundwater Protection Ordinance shall be implernented to protect existing and future wellfields, natural aquifer recharge areas and groundwater resources through standards for development involving the use, storage, generation and disposal of hazardous waste products, disposal of sewage and effluent, stormwater management, earthmining, petroleum exploration, solid waste and other related aspects of !and use and development wit!fin the mapped wellfie,d ?otection zones. Regulate signage through the Sign Ordinance v,,tfict, shall p~ovide for frontage requlrernui,~s for signs, shared signs for smaller p~operties, definitions, and establishment of an amortization schedLi!e for non-corffo~rnil ~g signs. The safe and convenient on-site traffic flow and vehicle parki~g ncc(Is si~alt be addressed through the site planning and design standards as well as ~iie -' , ..... r,' -- ~. ,'CntdrCm~nt¢ which n~,,h ~,. *¢c¢*s requirements f-o~ roadw¢,ys. parking lot d..o ~,n and o~ientation, ligl~ti~g, building design and n~ate~la~b, landscaping and buffering criteria. Ensure the availability of suitable !and for utility facilities necessary to support proposed development by providing for a Public Use Zoning District for the location of public ' ":" ~ach,ues and other Essential Se,rvices. The protection of historically significant properties shall be accomplished, in part, through the adoption of the Historic/Archaeological Preservation Regulations which include the creation of an Historic/Archaeological Preservation Board; provides for the identification of mapped areas of Historic/Archaeological probability; requires a survey and assessment of discovered sites; and provides a process for designation of sites, structures, buildings and properties. The mitigation of incompatible land uses with the area designated as the Naples Airport Noise Zone shall be accomplished through regulations which require sound-proofing for all new residential structures within the 65 LDN Contour as identified on the Future Land Use Map; recording the legal descriptions of the noise contours in the property records of the County; and through an inter-local agreement to notify the Nap!es Airport Authority of all development proposals within 20,000 feet of the airport which exceed height standards established by the Federal Avialion Administration ......... Nn dew~!opment o~ders shall be issued which are inconsiste~',t with ~2 / ;-*LC-x / Policy 4.5: An Industria! Land Use Study has been deve!oped and a summary incorporated into the support document of this Growth Management Plan. The study includes a detailed inventory of industrial uses, projections of demand for industrial land, and recommendations for future land use allocations and locational criteria. Upon completion of the Economic Plan, a study will be undertaken to iderltify the need for additional Industrially designated land within the Coastal Urban Area. Policy 4,6: Access Management Plans for each of the Mixed Use Activity Centers designated on the Future Land Use Map have been developed and incorporated into the Collier County Land Development Code. The intent of the Access Management Plans is defirled by the following guidelines and principles: a. The number of ingress and egress points sba!! be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, t!;e standards set 'orth in '"~L~ ,~ "-'~,-, ,,~,:~ County Access ~,I ~n~g,~,¥~,:r~t,,,~. ,... ~ ...... Policy (Resolution #92-442, ~,_,,..,~_,,=,., r~,.,~ .... 18, !992). C. Access points and turning move:~ents sh:l L:: located and designed to rdnimize ir;te~f~.re~.;e ~zith the operation of i~t~rchanges :~',d intersections. d. Lots, parcels, and subdivisions w'hich are c~eated shall be enco~raopd to dudicate ~;:(;ss access ea:~c~ents, rights-of, way, and !ilnited access eas~z!r',.n:-.ts, ,ns llucessary and appropriate, i,~ order to ensure that tt~e above-mentioned sta~cl~.,,~s (a. - c ) ate colnplied with. Policy 4.7: Redevelopment Plans for existing commercial and residential areas may be considered by the Board of County Commissioners. These plans may consider alternative land use plans, modifications to the development standards, and incentives that may be necessary to encourage redevelopment. For propedies that have been reviewed under the Zoning Reevaluation Program, changes to the density and intensity of uses permitted may be considered, in order to encourage redevelopment in these areas. Some of the specific areas thai may be considered by the Board of County Commissioners for redevelopment include: Pine Ridge Road between U.S. 41 NoAh and Goodlette-Frank Road; Bayshore Drive between U.S. 41 East and Thomasson Drive; U.S. 41 East between Davis Boulevard and Airport-Pulling Road; Davis Boulevard between U.S. 41 East and Airport-Pulling Road; U.S. 41 North in Naples Park; C.R. 951 between Green Boulevard and Golden Gate Parkway; and, Bonita Beach Road between Vanderbilt Drive and the west end of Little Hickory Shores #1. Policy 4.8 Maintain and update, on an annual basis, the following demographic and land use information: existing permanent populdion,,..,,,:,,';~, ~,",,~ ~e~ona~ . popular, on, projected population , existing dwelling units, and projected dwelling units. Included with this data base shall be a forecast of the OBJECTIVE 5: In order to promote sound planning, ensure compatibility of land uses, and further tile implementation of the Future Land Use Element, the following general ~- - -' ,. policies implemented upon the adoption of the Growth Management Plan. Policy 5.1: All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other propedies deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed in Policy 5.11 are not increased. Policy 5.2: All proposed development shall be reviewed for consistency with the Comprehensive Plan and tt~ose found to be ir, consistent with the Plan by the Board of County Co,re. missioners shai! not be pe~ mitted. Policy 5.3: facilitie~byco~finh~g '-' intensity ..... eiopmenttoareasdesig~,~-uas v~ua,,onth~ ~''* .... Land Use Map, and by ~:qu'ui~g (hat any changes to tt~e Urban Designated Areas be contiguous to un existing Urban A~ea bour~dury. Policy 5.4: New developments shall be compatible with, and complementary lo, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code (Ordinance 91-102), adopted October 30, 1991, as amended. Policy 5,5: Encourage the use of existing land zoned for urban intensity uses before permitting development of other areas. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing zoned land before servicing other areas. Policy 5.6: Permit the use of cjuster housing, Planned Unit Development techniques, and other innovative approaches, in order to conserve open space and environmentally sensitive areas. Continue to review and amend the zonin9 and subdivision regulations as necessary to allow innovative land development techniques. Policy 5.7: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Policy 5.8: Group which include the l lousing, may ~o~,,c)w~y. Family ,,y, Group Facility, Units, A~,~ ~,,; ,g Fa fi"ty 2nfl r'Ji!r~Sng Ho-nes shall be ~,~,,', t~a within tl~¢ (lrl~r,n n¢~;~,,ah,' ~. Urban - Mixed Use District ThiB Distric% i~ in%ended to accommodate a vuriety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). Certain industrial and com~mercial uses are also allowed under criteria. (IV) 1. Urban Residential Subdistrict The Purpoge of this subdistrict is to provide for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential density in the Coastal Urban Subdistrict shall be determined through a Density Rating System. Water-dependent and water-related land uses shall be encouraged within the coastal region of this subdistrict. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related uses through the inclusion of other recreational uses which may benefit from the proximity to and/or integration with water-dependent and water-related uses. These principal uses may include water-related parks, marinas (public or private), yacht clubs, and related.accessory and recreational uses, such as boat storage, launching facilities, fuelSng facilities, restaurants, health clubs. Any water-dependent and/or water-related land use shall encourage the use of t~e Planned Unit Development technique and/er other innovative z:entally ser!s[t-iv~ f,~atures and to st~rrounding land uses. prJ,lcipal us,:s oval- water-l~ i~ted land uses. in ,~ ',~5, ;~, ; ~ t'}~e with the siting ~,c].ic7 of LNe Conservdtion and Coastal Hal~a,~eu;ent Element (Policy 11.1.4) , the fnl].owil;g land use criteria shall be used for prioritizln~ the siting of wate}--dnpendent and water-related uses: a. Presently developed sites; bo Sites where water-dependent or water-related uses have been previously establi6ked; c. Sites where shoreline improvements are in place; d° Sites where damage to viable, naturally functioning; and wet- lands or other environmentally sensitive features could be minimized. R. Urban Residential Frinqe Subdistrict The purpose of this subdistrict is to provide transitional densities betwee~ the Urban Designated Area and the Agricultural/Rural Area. Residehtial land uses may be allowed at a maximum density of 1.5 units per gross acre subject to the following conditions: ao Ail rezones must be in the form of a Planned Unit Development; and' LU-I-23 (XII) = Plan ~mendment 95-1 adopted by Ordinance 95-12 on March 14, 1995 Doc. Ref: 1830/MA/GM JUL 2 0 D92 -306rd of Coun%y C$,.~m!.~,s~oners STATE OF FLORIDA DEPARTMENT OF CO;S~,M.UNITY AFFAIRS 2740 CENTERVIEW DRIVE · TALLAHASSEE, FLORIDA 32399.2100 LINDA LOOMIS SH~.LEY LA W'T'O N CHILE5 .July 16, 1992 The Hono:'able Michael J. Volpe Chair~.,an, Collier County Board of co~_nis~foner~ 3301 East Tamiami Trail Naples, F!nrida 33962 Dear Co,nnr, issioner Volpe: The Dcpartment has completed its review of the adopted comprehensive plan amendment (Ordinance No. 92-34; DCA No. 92-1) for Collier County as adopted on May 19, 1992, and determined that it meets the require_nents of Chapter !63, Part II, Florida Statutesi for compliance, os defined in Subsection 163.3184(1) (b). The Department is issuing a Notice of Intent to lind the plan amendment in compliance. The Notice of Intent has been sent to the Nap]e.~ for publication on July 17, 1992. Please note that a copy of the amended Collier County prehensiwe Plan, the Departm6nt's Objections, Recommendations and Comments Report dated January 26, 1992, and the Notice of ~ntent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Collier County Growth Management Department, 2800 North ~orseshoe briva, ~ap~es, ~iorida 3394~. EXi!IBIT 6' -C The Honorable MiChael J. Volpe July 16, 1992 Paqe If you have any questions, please contact me, Maria ~%~badal, Plan Review Administrator, or Bob Dennis, Community Program Administrator, at (904) 487-4545. CGP/'tcm Enclosures: Notice of InLunt cc: Frank Bruit, Co:m~-~unity Development Administrator Wayne Daltry, Exeoutive Director, Southwest Florida R~gional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS · NOTICE OF INTENT TO FIND THE : COLLIER COUNTY COMPREHENSIVE PLAN f~MENDMENT(S) IN COMPLIANCE OOCKET NO. 92-1-NOI-llQ.l-(A)-(I) The Department gives notice of ~ - intent to f~ the Amend- ment(s) to the Comprehensive Plan for Collier County, adopted by Ordinance No(s). 92-34 on May !9, 1992, IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S ...... The adopted Collier County Comprehensive Plan Amendment(s) and the Department's Objections, Recommendations, and Com~ents Report, (if any), are available for public inspection Monday ~.~gh Friday, except for legal holidays, during normal business hours, at the Collier County Growth Management Department, 2800 North Hors~s~©e Drive, ~]aple~, Florida 33942. Any affected person, a~ defined in Section !63.31~4, F.S., has a right tc petition for an administrative hea,~ing ~;'_> ~hal- ie~,~e the pr,~posed agency determination that the A~a~]7/.~(s) tO the Collier Cour~ty Co:r~l,reh~uaive Plan are In Complied,ce, as defined in Subsection 163.3184(1), P.S. The petition m~st be filed within twenty-one (21) days after p~b].ication of this not£ce, and must include all of the information ~nd contents described in Rule 9~-ii.0i2(8) , F.A.C. The petLtion ~ba!l be filed with the Agency Clerk, Department of Community Lffalrs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a p~tition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sec- tion 120.57, F.S. If a petition is filed, the purpose of the a~ministrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no peti- tion is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for inter- ~e,,~.~,, must be~ ~t ,~eao~_~ ___~,- ~),_ day~ b~fore the final hearing and must includu all of the information and contents described in Rule 22I-6,010, F.A.C. A petition for leave to interuene shall be filed at the Divis~oD o~ Administrative Hear- ings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, Failure to p'etition to inter- vene within the allowed time frame constitutes a waiver of any right such a person has to reques~ a hearing under Section 120.57, F.S., or to partioipate in the administrative hearing. De.patient of Com:r, unit. y DivJ. s:on of F.e~:ource Plauning and Management 2740 Cente~iew Drive Tallahassee, Florida 32399~2166 EXHIBIT "7" Statement of Estimated Regulatory Costs STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 1.1 1.2 Introduction Purpose and Scope Thiso,,~,~,"'"'"'""~"',,,.., ,, of ...,.,,,~-t~*t,~4,,~...~ regulatory costs_ ("SERC"'~. supports the petition to estab!ish the Cedar Hammock Community Development District ("Cedar Hammock" or "District"). As a new community development district ("CDD"), the limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing CDDs) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and _b._a_se_d__on~ on factors material to rnanagjn_~ and financing the service delivery function of t,he district, so that _aD~/. maker con,elna_rig permitting " I ~,, ' ~rSo~ m ~ ' pLpla!~_n. Lng_Qf_t,'~e.0.uveL~.~,,_,_,~n, ,s not mat_e.~?fi _or re]_eva_n_t (emphasis added)." Cedar Hammock Com~nunity ..... '~-'-~ . ~.~vu~u~:: ,ent District The proposed District comprises approx;matcly 417.3 ~...,=:. ~,.,~,,, Collier County, Florida ("County"). The current developme~t ptan fo~ the community course, ~ clubhouse end other amenities. A Community Develop~,'nent District is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure in large, planned ...... ;~,, ,4,-,,,-,~,-,,-,m,:,,~t, r:.Dra'n provide a "solution to the state's planning, management and financing needs for delivew of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S. A CDD is not a substitute for the local, general purpose, government unit, i.e., the County in which the CDD lies. A CDD does not have the permitting, zoning or police powers possessed by general purpose governments. A community development district is an alternative means of financing, constructing, operating and maintaining community infrastructure for planned developments, such as Cedar Hammock. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the Cedar Hammock Community Development District. 1.3 Requirements for Statement of Estimated Regulatory Costs 2.0 Section 120.541(2), F.S. (1997), du,[,~ the e;emems a~,~,~.,,,.-,,. regulatow costs for rules must contain, which also apply, because of Chapter 190, F.S., to this ordinance: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascedainable based upon standard ii~u~udu filing fees, the cost of outa~r~g :, ..... the business practices, and '- ............ ..., .... *~ ~L*, I~ ,':.ost of equipment required to be installed or used or procedures r~ ~'~;ed to be ...... ~¢'*'~'t iR C~mnh:nn with the ru!~% add~ti-,r'a~., :~, oporat~ co'::s incurr~,,~ a~nd the cost of monitoring and r(¢[¢orting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and s~na!l cities as defined by Section 120.52, F.S. (Collier County is not defined as a small county for purposes of this requirement). (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule." A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the 'types of individuals likely to be affected by the ordinance. The principal entities that are likely to be required to comply with the ordinance include the District, the State of Florida, and Collier County. In addition, future landowners in Cedar Hammock will also be affected by the establishment of the proposed District. As noted above, Cedar Hammock is designed to include a maximum of 799 housing units, an eighteen hole championship golf course, a clubhouse and other amenities. 3.0 Good faith estimate of the cost to state --"' uut~t~u.% ,.,f ~,~u ,uu,,, government --" ;~.,.,,~,-~..~.t;,~,-, and ,~nfnrcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance There '""" w,, be minimal costs to,.,,=,~e*""~ and,vvu,l"'"'~l ~vnn'""rnrnc'nfq, ..,, ,,,,,.., ,.v toimpl~-ment .... the proposed ordinance establishing the Cedar Hammock Community Development District. Since Cedar Hammock is under 1,000 acres and lies within the County, it is the County alone that must evaluate and decide upon the proposed ordinance. The State has no role in evaluating the proposed ordinance. However, the State will have some modest implementation costs relating to the various reports the CDD must file. These are described beTow. S:ncu Cedar Hammock lies entirely within the County, the County wilt examhne the petition to establish ~,,~ D;str;ct and decide upon the proposed ordinance. ~ t~ere will be sto,f costs for the rev:ow, rise costs the County Commission to consider *~',.,.¢ p, rc, F.,a:s,-:¢¢ ordinance. These costs are modest for a number c,f reasons. Fir.~;t, re',,'i,':',',' of the petition to e,t~blish~._ the CDP is limited by statute to the financial and up,;r,_~,~na,~'~ aspects of the District, and they do not ~ncuue ~y~,~ of the ueaar mammoc~ development project itself. Second, the petition itself provides,.,~%~,~ot if. not all, of the information needed for a staff review. Thk'd, local governments already ~sess the staff needed to conduct the review without the need for new staff. Foudh, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land uses and zoning u]~, ~ far more ~w,,,~,~. ,,,~,, Is ,,,~ Furthermore, these should be fully offset by the filing fee allowed under State law. Thus, the net cost to the County to review the proposed ordinance is very small, if it exists at ali. As units of local government, CDDs must file ali reports required by units of local government in Florida. These include, but are not necessarily limited to the ful~uwing: tilldcopies of each annual financial report for the previous year must be with the County and the Department of Banking and Finance no later than March 31 of each year; (h~ h H.~_~.*~ far the ncr~mln.q fJ~,'al ,,¢'ar are th~ ~hie~t nf public ,..,/ *,.,~u.~'..~y~...~..., ,k,2 , I ~P,. -~...I. :~,~ ~"--' - .,T ~ o ~ ~'-;~J '~'- ~ - . heann.q, a{'{er proper newspaper notice, aha ~re suuj~ct tu [~:.,~u¥~ u, id opt onal comments by the L;ounty wi[Fi n wn cn trio L, UL] I~ lU(Jbt(uu, · 3 .,4:~Cc) / lc) within twelve months of the close of each fiscal year, a CDD must lie certified copies of its audited financial statements with the County; ~Uo)nd each year a COD must file ,,,;~;* ~.~ '"-"~,' .... ,~ ~,,, n~,,~,.,,, of Finance of the State Board of Administration a complete description of all of its outstanding bonds (Chapter 218.38, F.S.); ae)d each year a CDD must file with the County a schedule of time, date ocation of all regular meetings of the Board of Supervisors (Chapter 189, F.S.); (f.) each year a CDD must file a public facilities report pursuant to the requirements of Chapter 189.415, F. S.; gp.) certain certifications to the Department of Community Affairs ecial Dis, t,rict Information Program concerning bo~d sales and the character ot the bond issue to the effect that either: (.1) the bonds were rated in one of the highest four categories by a nationally recognized rating service; (2) the bonds were privately ptaced with or otherwise sold to ~.' .....~ ~"~ ii ,~.',~<f,-,,'~' (3) the bonds were h?t.,,_. ,_.~ ..,,, ,,.,-- [)y C r,.~c!;f, ~.,,, enhancement', or (,4) ti~o bonds were accompanied by an independent financial advisory opinion stating the estimates of debt service co,~, ~e a, d probab,,,U o, rep,.y,~r .... as re~ ~on~.bl~; and )the obligation to notify the Governor and the Legislative Auditing ommittee of any impending or existing financial emergency of the CDD (Chapter 189.049, F.S.). In addition, CDDs are governed by the provisions of Chapter 189.412 and must parfir, lr~t¢, in the .qp~p. ia District Information Pro.qram conducted by the Department of Community Affairs. The Department charges a fee of $i75 per year to each CDD to offset the Department's costs. The review and collation of all of these reports absorbs some resources of the State and its various agencies. However, the incremental cost of one additional set of local governmental reports is minimal. The same is true for the County which will also receive various reports from the CDD for informational purposes. However, no ongoing action is required from either the State or the local governments. The CDD is an independent unit of local government with its own budget and its own staff. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance to approve the establishment of the Cedar Hammock Community Development "'";--~---~ ,,,m ~ .... adverse i~,,-,o,-+ State and local revenues. As noted above, the District's sole functions are outlined in Chapter 190, F.S. and relate strictly to the planning, financing, constructing, operating and maintaining community infrastructure and services to serve the Cedar Hammock community. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Transactional costs to the State and local agencies in reviewing the petition to establish the District have been discussed above. Beyond those administrative costs, there will be no cost incurred by the State of Florida, any of its agencies, or local governments. Cedar Hammock Community Development District is designed by law to plan, f;n~ce, operate, and maintain colnmur, it), inhastructure and services to serve the Cedar H~.rr~r'r.~ock o:,mmunity. The D;t~trict will levy non-ad valorem special ass~ssmer~ts on ~.~ .v,.., ,,c~, within its bound~_~nes to finance the infrastiucture the Oi'strlct funds and to defray the costs of operating and maintaining that ir~fr'a? kictLJr'e and associated ccmmunity facilities. The costs of the recreational facilities wiii be r~paid by the revenges and fees generated by the facilities. The table be;ow describes the facilities and services the District plans to provide. CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT SUMMARY OF FACILITIES AND SERVICES OR COUNTY Roadways and Lighting Yes CDD CDD Water an¢_Wastewater Yes County County Drainage Yes CDp CDD Landscaping & Irrigation Yes CDD CDD Security Yes .I CDD I CDD The total estimated construction ce.st (includJag engineering and construction contingency) for these facilities is $18,801,000. Also, various financing reserves must be provided for, such as a Debt Service Reserve (approximately $1,839,725), and capitalized interest (approximately $2,864,123), in addition to estimated costs of bond issuance of approximately $485,152. in total, the D,s,rk..t plans to. _ approximately $23,990,000 in special assessment revenue ~)ond$ tn fund tine above costs. Prospective future land owners in the District would be required to pay off the special assessment revenue bonds over 30 years in the form of non-ad valorem special assessments levied by the District and collected by the Collier County ,,.,u,,~cLor (the Tax ~"'-'~'"'-~"" and,,,.,~,.., ,~~,'-'"":,~,, ,,~,~., ,.,,..,,.,~'""'r'"ic"'r ......... arc, r,:,imburned for their expenses). However, as is the case in most CDDs, the landowner plans to make a substantial paydown of this debt at or before closing on the property. While not required to do so, landowners and developers in CDDs almost always pay down some, or all, of the debt encumbering properties prior to closing. This is because debt levels would otherwise be an obstacle to the sale of property in the District. In addition to the levy of non-ad valorem special assessments for debt service, the petitioner for the District also plans an annual levy for operations and maintenance of the District. In considering the costs that must be paid by those affected by the proposed ordinance to establish the Cedar Hammock Community Development District, two points are important. First. unlike most other situations, 100% of the costs ~,, ,,,.h would be funded by the District (~n this case co~:;~d~;t~un and maintenance of ...... -~ ........ *:' ' IUctD~'/ct)'b, U,~,ity lines, and drainaUe systems) wot:iq~ i~;tve to be incurred in ~,~ ,y These costs ...... ~ ,.,~,,-,, ,~i,:,-t,~ the t~e District does not provide these facilities and se~vices, the Developer would borrow money, construct the facilities, and raise the prices for its real estate [)iLJ(JUUib iU cover these ~ =x~, ~ cos~. If the District does not operate and maintain these lacilities, a homeowners association (or similar entity) would have assess its members to pay for this se~ice. The point is that these costs exist in any event. Second, Stale law requires that prospective property owners be notified that ~,~'-' District levies exist. Anyone ...... p u f r.;'.., tasl~ levies does so voluntarily and with full information. Thus, thosa who are subjeat to the transactional costs of the proposed ordinance ahoose, voluntarily, to be governed by the District sa 'far as infrastructure provision is concerned. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Approval of the petition to establish the Cedar Hammock Community Development District will have only incidental impact on small businesses, and it is positive. The District must operate according to Florida's "sunshine" laws, and the District must take bids for the goods and services it will purchase. As a result, small businesses will be better able to compete for District business serving the lands to be included within the District. The approval of the District wiii not have any impact on small counties and cities as defined in Section 120.52, F.S. The County is not a small county as defined. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theow, especially as it relates to tracking the inciden, ce of regulatory costs and benefits. Inputs were received from the Deveioper's Engineer and other '- ' .... '-,c'-" .... :'~' *~'-' ~.,~" .fr, EXHIBIT "8" Official Acknowledgment Exhibit "8" ACKNOV','LEDGM ENT The Florida Uniform Community Development District Act, chapter 190, Florida Statutes (1999 and hereafter except as otherwise notcd), expressly restricts and limits the exercise by this state created District of its .... : ~ ' ;'; ..... ' .~,,.c,a, powers. Thc pet ..... ~,~,,,,~,,,~t-',,.. ,,~.~.~-~ ~,'~,,,,,, the District's ~no~rd of Supervisors is legally and ethically bound to exercise its special powers subjecl to, and not inconsistcnl wilh, lhe laws and regulations contained in the Collier County Water-Sewer District Special Act, and any applicable P.U.D., preliminary subdivision plat ami/or development order provider of water and sew'er service to thc development on which thc Colmntmity Development District will be established, Also, the 1988 Special Act reestablishing the Collier County Walcr-Sewer District makes clear in Section 21 that' 1) Collior County can mandate connection to its water and sewer facilities; 2) Collier County can rcquire ins!allation m~d dedication of water and sewer faci!ilies to tlae County; and 3) no water and sewer facilities can be built within the water-sewer district unless the Collier County Commissioners sitting as the Water-Sewer District Board gives its consent and approval. The land area which the District will sen'e is in the jurisdiction of the dependent Collier Cot!!!ly Wa~cr-Scxxer District a~/d is subject therefore to the terms of the 1988 Special Act. Thc commtmity to bc served by tho District is also subject to P.U.D. and preliminary subdivision pla In addition, the land area involved is also subject to Collier County Ordimmce No. 98-69, utility __ ~-~ .......... -_ _ .5 lOCal COlllplCllL'li~l'vU plans, pci~iitii~g facilities rcquircmcnls, as well as thc stat~, IC~lOllal and ................... ' ' agencies and all related land development regulations. The Florida Legislature, in section 190.002(1)(a), Florida Statutes (1991), has found that fi, c Community Development District is a solution to lhe management and capital infrastructure financing problems faced by counties. In solving these problems, the Community Development District also provides a method of se~'icing projecled growth x~.ilhoul over burdening other local govcrnmcnts and their taxpayers. The I~egislaturc has Found Community Development Districts, 1 ~I,~bllt klUic delivery. aS lllflllflgCll!Ciii cnlilics, ;irc a tug~t~}~ltdc .... ' .... It is also ~l~c expressed policy oF tlnc lc~islatta'c :hat Community ,,,' l[. S. 190.003(2)(b), Fla. Stat. (1999). This ~lUolcd ];tllgt!itgc mc;ms !l~;it Irc distric! tool tbr bolh Collier County and thc pclilioncr. This managcmcnl lool is to be used by both thc developer and thc county as authorized in chapter 190, Florida $latules. In section !90.002(1)(b), Florida Statutes, thc Lcgis!a!urc has also !;9und thai it is in thc public interest that "...the operation of such a district and the exercise by thc district of its powers be consistent with ~plicable due process, disclosure, accountability, ethics and govemment-in- ,,e-~ua~h~n~ requirements." This law means that no decision~-c .... *~'~ Board o,r St, pc, ...., ,sots; c,,,~ be made in secret, and that Collier County will be given ample noticed oppoaunities to monitor the exercise of the Board of Supervisors' special limited management powers, including those dealing with water and sewer services. In other words, this language mandates that the district board of supcrvisors as a local government works with thc Collier County local government. /2(c; / In regard to possible conflicts between gcncral purpose local government laws and actions of this Community Developmcni Disirici local govemmem, me slated as its policy that the exercise by the district of its powers "...comply with all applicable governmental laws, roles, regulations and policies govcming planning and pem~itting of the development to be serviced by the district to ensure that neither thc establishment nor operation of such a disirici is a dcvctopmcnl ordcr under chaplet 380, and 1hal the district so established does not have any zoning or permitting powers govcrning developments." s. 190.002(2)(c), Fla. Stat. In addition, section 190.{103, Florida Slalulcs, provides that a Commttllity Development District shall fimction in such a mariner ...d~at all apl~licablc planning. ~ ullu' j~Ci'illitt~h~,. ~ rules, ' Dsl ct. rc~ ~ !'.,,,..~, ,~ ,, ............ ~,, ,,,~ u,,,, ~, ~.~ .... ~ ;,-~'. ',,,~ ,',~ ~, ,., ~ ~, ,,, thc dcvclolx~ ~,~,., ~' thc, !and First, lbo stalutc specifically stales lhat "...Ia]Il govcrnntcnlal, plm~ning, cnviro~mcntal and land use dcvclopmcnt laxvs, rcgutations and ordinances apply to all dcvelopmcnt of the land Special Act is a law of Florida, it applies to all development x~ ithin the land to be serviced by the proposed Community Development District. Since "all development" includes by definition .~.~y .,,. ~,,c, scrviccs, Thc Collicr Counly Waler- Sewer DisTricl .... r~s ......... h,s apply ~o all developments in The applicable land area, even after The establishment of the Community Development District. ' G 11~ Second, Thc proonlptioll soctto~l diroctly and ~poci,lca,,7~ tBatldaTos that "a District shall [;]kO !10 aCtiOll whit}! iS jI1C(MIsisict]T xv 1]1 apl~lic:~ble con?rehensive pi;ms, ordinances, or regulations of the applicable local general purpose govemnmnts." Id. This direct mandate is to the Board of Supervisors of ~'~ proposed '-' ' Dcvc opmcm ......... mm ~t ~ta~ t~.~ .~. action h~consis~ent wilh lhe Collier Coumy ~mer- 8ewer Districl Spedal AcL Accordh~ly~ fl~e ~oard mcmbcr8 will bc tmdcr mhieal a~d legal dutics~ 8ubj~cl ~o nml~easanee~ nom~easanc~ m~d misfeasance of office, to take no action inconsistent with thc Collier County laws and regulations affecting the water-sewer district cuslomcr base. Last, thc special powers of the Community Development District, which become available upon its cslablishmcnt by ordinance of Collier County only after obtaining thc consent oflhc localjurisdiclion, arc also severely limitod by section 190.()1~, w Fha-,1 ......... ~,utcs. This !herein...' Jt~. i icrc. thc l.c~3isiature has ;tnswcrcd directly iht q~cslion of wJwiJ~.', iJ~c' DislJ'ict can act inconsistent with the regulations of the Collier County Water-Sewer District. 'Ibc exercise of the District's powers are unquestionably sutjcct 1o lhosc of the ('ollicr County Water-Sewer District. knlf'l ;~q ltOMl'_'g'Petitions }ix}libit F, ORDINANCE NO 99- .~N ORDD4A_,NCE E§TABLISH!NG T{~5 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF TIlE BOARD OF SUPERVISORS: NAMING THE DISTRICT: PROVIDING FOR CONFLICT AND SEVERABIL1TY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTI'~T DATE t.~.,ik,,,.,~au,orl nas F, cutm, neu rue ,_,~,mu .................. to establish the CEDAR HAMMOCK COMMUNITY DEX, ELOPi' ' ~'IENT- ' DISTRICT; and WHEREAS, the Board of County Commissioners, after proper published notice conducted a public hearing on the petition as required by lax,,' a~d determined the following: The petition is cowp'ctc in that it :noels t,t~c rcqui~e~.,~c,ts of Section 190.005 (I) (a), Florida Statutes: a.nJ ail statements co!itaiilcd \~it}lii! t!ie petition arc t_~uc and c;~rrect ..' lrslal01ishme,t et'the p~ ,~posed district is m)l mcor~>ts~em with thc '~t ~,t, ComFr'el~cnsive 4 Fhat the district is the b,:si ahet~atixc a~ailablc Ii',r d<h,c[~na tOi!illlUIlity development <ervices and facilities 1o the area tha~ will be se~iced by the district _ · ',~,, ~-- and faciiilies of thc district ~ill m)! be 5 'Fha~ Ire communi!v de_c:~p~..t.., services ._ incompatible ~5th the capacity and uses of existing local and regional community development se~'ices and facilities. 6 That the area will be sen'ed by the district is amenable lo separate special district government; and %~REAS, it is the policy of the Sta~e, as provided in Section i90.002 (2) (c), Florida Statutes, that the exercise by any independent district of its powers as set forth by unifo~ general law comply ~th ~1 applicable governmemal laws, roles, re~lations, and policies governing planning ~d pe~ining of the development to be se~'ed by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter 380, Honda Statutes, and that the district so established does not have any zoning or pemitting powers governing development; ~d ,~?.'Cc 3/ WHEREAS, Section 190 044 (3). Florida Stalules. provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to ali development of the land within a communiw do,.'e!o~mem d ~tdct and thai a dlstnct s~all lake no action which is inconsistent ~th applicable comprehensive plans, ordinances, or rewalations of local general pu~ose government; and WHE~AS, pursuant to Seciion 190 012, Florida Statutes, the district's special powers are subject m the re~lato~ jurisdiction and permitting authority of all applicable govemment~ bodies, agencies and special d.smcts having authority with respect to any area included therein. NOW, THEREFORE, BE IT ORDAINED BY TI~ BOARD OF COU%'TY CO~4ISSIONERS OF COLI.IER COL~'FY, FLOR~A that: SECTION ONE: AUTItOR~' FOR ORDINANCE This Ordinance is adopted pursuant to Section 190 005 (2), Florida Statutes, and other applicable provisions of taw governing county ordinances SECTION'~VO: E,_TABI..SH~,E~,~ OFTiiECEI)ARI1AMMOCKCOMMUNI'~ I)EVI-;I,OP,M ENT DISTRICT. 'lbc ('~'dar {,',:.:~ :~ I <' '?n~pitv Dc',cIopmeut Diswict is }~c~chy c~ablishcd ~ithin ~he reference ' Ut [CI ~. gECTION THREE: l)E. IGNAIION OF INITIAl, BO .... ........ 9 ~It'~tnt'i>t l'he lbllox~ing five persons are herc~ilh designated ,o be the inilial members of thc ~f gupo~'isors: Peter Comeau 10491 Six Mile C.~qpress Parkway Su/le 101 Ft Myers. FL 33912 2 Constamine Bonitez 1049] Six Mile Cypress Parkway Suite 101 Ft Myers, FL 33912 5 Joe Grimes 10491 Six Mile Cypress Parkway Suite 101 Ft Myers, FL 33912 Jeff I.edward 6249 Presidential Court Suite "B" Ft Myers, FL 33906 John F Stanley 2600 Airport Road South Naples, FL 34104 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the Cedar Hammock Community Development District. SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT /he Cedar Itammock Community Development District shall be governed by the provision of Chapter ! 90, Florida Statutes SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the ~nore restrictive shall apply lfany phrase or portion of this Ordinance is held invalid or unconstitutional by an.,,, court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion SECTION SEVEN: INCLUSION iN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance sh~l become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. 1"he sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word SECTION EIGiiT: EFFECTIVE DATE: o, S,a,e PASSED 3. Nt ) DI )I.Y AI)OP I Fl) by tt,~. ...... ~ ~>t' ('c. unl;~ ('ommissi(mers of Collier F!,)rida tlds day of . 1999 :\ ITEST: DWIGtfI' E BROCK, Clerk BY: PAMEI.A S MAC'KIE. Chairwoman Approved as to Form mud Leg~ Sufficiency Assistant County Attorney si YmL~f \comp p!m~,'ORD DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50, RANGE 26 EAST COLLIER COUNTY, FLORIDA (CEDAR HAMMOCK) A TRACT OR P.M~CEL OF LAND, SITUATED IN THE STATE OF FLORIDA, cOUNTY OF COLLIER, LYING iN SECTION 3, TOWNSHIP 50 SOUTH. RANGE 26 EAST, AND BEING FUR'i'dER BOULNT) AND DESCRJBED AS FOLLOWS: BEGINNING ,-XT ~51 ITII~V}:<T CORNER ~: cuP'ON 3. ,~u,,k~<rsm <0 SOUI'H. ' ~ ":'~ ~ ': ...... ~;' ("~1 ' LOR 2567.09 FEET l'O Tile S()I ~'[ HF:'~ ':T t 't. ,,,,'~'m°,~:~ ()F SAID SOU'I'H~''''°~',$' r,a t Qt :.~R~ Et~. i IIENCE N. 88° 56' 52" E. ALONG HIE SOUTI{ LINE ()F THE SOUTHEAST ~I~ARi~R OF SAID SEC~ON 3 RECORDS BOOK 1945, PAGES !77 A~ 178, COLLIER COUN['Y PUBLIC ~CO~S; Die, CE N. ~o 51' 56" E. ALONG THE ~ST L~ OF SAiD P~CEL FOR 2778.41 FEET 'FO THE SOU~ L~E OF ~E NORTHEAST QUOTER OF SAID SEC'HON 3; D~CE S. 89° 19' 38" W. ~ONG SAID SOU~ L~E FOR 1827.03 FEET TO 'FILE SOUTH~ST CO~R OF ~ ~ST ONE ~F OF ~ ~ST O~ ~F OF THE NOR~EAST QU~~ OF S~ SEC~ON 3; ~CE N. ~ !T 56" E..31~ONG ~ E~T L~ OF S~D ~~ON OF SEC~ON FOR 7~.31 F~; ~CE S. 89° 34' ~" W. FOR 652.88 FEET TO T~ ~ST L~ OF S~D F~C~ON OF SEC~ON; ~CE N. ~o 0T ~" E. ~ONG ~ ~T L~ OF ~ NOR~ST QUeeR OF SAID SEC~ON 3 FOR 1974.83 FEET TO ~ SO~AS~Y ~O~F-WAY L~ OF DA~S BO~EV~ (S.~ ~) (150 FEET ~DE) ~ ~ ~~EC~ON ~ A C~ TO ~ LE~, ~G A ~tUS OF 3~4.~ F~ ~ TO ~-~CH ~~E~ON A ~~ L~ B~ N. 13~ 45' 10" W.: ~CE SO~S~Y ~ONO S~ C~ ~ S~ ~O~OF-WAY L~ ~OUGH A C~ ~GLE OF 05° 30' 05" FOR 3~.56 ~T TO ~ BEG~G OF A CO~~ C~ TO ~ L~, ~~G A ~~S OF 2789.79 ~ET; ~CE ~~S~Y .~ONG S~ C~ ~ fi~ ~G~-OF-WAY L~ ~OUGH A C~ ~GLE OF ~o 2T 49" FOR 1~0.21 ~; ~CE S. 3~ 16' 56" W. ~ONG SA~ ~G~F-WAY L~ FOR 1618.28 FE~ TO ~ NOR~ L.~ OF ~ ~ST H~F OF ~. NOR~ST QU~~ OF ~ SOL--ST QIIAR~R OF Sa~ Sb:C~ON..31 ~CE N. g~ 19' 38" E. ALONG SAID NORTH LINE FOR 643.12 FEET TO THE NORTHEAST CORNER OF SAID FRA~ON OF SECTION'; THENCE S. 00° 27' 35" E. ALONG THE EAST LINE OF SAID FR~:C~-.-.ON OF SECTION FOR 1403.17 FEET TO ~ SOU~FW:Az3 i ~ur,~-.~R OF SAID FRACTION OF SECTION; THENCE S. 89° 08' 20" W..-LLONG THE SOUTH LINE OF SAID FRACTION OF SECTION FOR 646.45 FEET TO THE WEST LINE OF SAID SECTION 3; THENCE S. 00° 39' 04" E. ALONG SAID WEST LINE FOR 1405.28 TO THE POINT OF BEGINNING. P,4~RCEL CONTAINS 41, .3,. ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF RECORD. SUBJECT TO FACTS THAT .MAY BE REVEALED BY AN ACCURATE BOLLNDARY SURVEY. BEARINGS ARE BASED ON ,_T!-_~ SOU _Wb?.., A~Y N. iG..rrr-oF-WAY OF DAVIS BC, L I,EVARD (S.R. 84), AS BEARING S. 30° 16' 56" W. PREPARED ON L, UNUARY 22.. i999. FILE: 1263.03 SHEET 2 OF 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSINERS ADOPT AN ORDINANCE PROVIDING FOR ADDITIONAL HOMESTEAD EXEMPTION FOR QUALIFYING PERSONS AGE 65 AND OLDER; PROVIDING FOR TITLE AND CITATION; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR THE CREATION AND ESTABLISHMENT OF ADDITIONAL HOMESTEAD EXEMPTION; CRITERIA; PROVIDING FOR ELIGIBILITY AND APPLICATION; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OB~~: That the Board of County Commissioners consider adoption of an ordinance providing for additional homestead exemption for qualifying persons age 65 and older. CONSIDERATION: In 1999 the Florida Legislature created Section 196.075, Florida Statutes, providing that in accordance with Section 6(0, Art. IV of the State Constitution, the Board of County Commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000. Section 196.075, Florida Statutes, requires that the Board of County Commissioners deliver a copy of this ordinance to the property appraiser no later than December 1 of the year prior to the year the exemption will take effect. FISCAL IMPACT: Information on fiscal impact will be provided at the public hearing. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt an ordinance providing for additional homestead exemption for qualifying persons age 65 and older. APPROVED ~ ("'~'David C. ~Feigel H:public/dd~executive summm~/1999~ ex~oo ordinance NC',' 2 3 999 ORDINANCE NO. 99- AN ORDINANCE PROVIDING FOR ADDITIONAL HOMESTEAD EXEMPTION FOR QUALIFYING PERSONS AGE 65 AND OLDER; PROVIDING FOR TITLE AND CITATION; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR THE CREATION AND ESTABLISHMENT OF ADDITIONAL HOMESTEAD EXEMPTION; CRITERIA; PROVIDING FOR ELIGIBILITY AND APPLICATION; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1999 the Florida Legislature created Section 196.075, Florida Statutes, providing that in accordance with Section 6(0, Art. IV of the State Constitution, the Board of County Commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000; and WHEREAS, the Collier County Board of County Commissioners desires to provide this benefit to the residents of Collier County who meet the qualifying criteria; and WHEREAS, Section 196.075, Florida Statutes, requires that the Board of County Commissioners deliver a copy of this ordinance to the property appraiser no later than December 1 of the year prior to the year the exemption will take effect. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR.IDA that: SECTION ONE: TITLE AND CITATION This Ordinance shall be known and cited as the "Collier County Seniors Homestead Exemption Ordinance." SECTION TWO: FINDINGS. The Board finds that the legislative intent set forth in Section 196.075, Florida Statutes, sets forth a laudable philosophy regarding local taxation relief offered to qualifying persons age 65 and older whose household income does not exceed a specified amount. Section 196.075, Florida Statutes, authorizes the Board to adopt an ordinance providing this benefit to the taxpayer who meets the required criteria. ~ AGENDA ITEM 2 3 1999 Page ] of 3 PC. SECTION THREE: DEFINITIONS. For the purposes of this Ordinance, the defiNtions contained in Section 196.075, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides otherwise. SECTION FOUR: CREATION AND ESTABLISHMENT OF ADDITIONAL HOMESTEAD EXEMPTION; CRITERIA There is hereby created and established an additional homestead exemption pursuant to Section 196.075, Florida Statutes, in the amount of $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whbse household income does not exceed $20,000. SECTION FIVE: ELIGIBILITY AND APPLICATION The exemption applies only to taxes levied by the Board of County Commissioners of Collier County, Florida, including dependent special districts and municipal service taxing units. Those persons entitled to the homestead exemption in Section 196.031, Florida Statutes, may apply for and receive an additional homestead exemption as provided herein. The taxpayer claiming the exemption is required to annually submit to the property appraiser, not later than March 1, a sworn statement of household income on a form prescribed by the Department of Revenue. Copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), and any other documents required by the Department, for each member of the household, must be submitted by June 1. The taxpayer's statement shall attest to the accuracy of such copies. The property appraiser may not grant the exemption without the required documentation. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of La~s and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held AOENDA ITEM invalid or unconstitutional by any court of competent jurisdiction, such portion shall be dee ned mO. ~ NO',: 2 3 1999 Page 2 of 3 separate, distinct and independent provision and such holding shall not affect the validity of' the remaining portion. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department 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: BY: Approved as to form and legal sufficiency: David C. Weigel County Attorney PAMELA S. MAC'KIE, CHAIRWOMAN A~A .ITEJ~ 2 3 1999 Page 3 of 3 Pg' IOLUTIONI ,~.:' ~ ~:,'~/me,s! c'F/o~d,, ZT.~ ~i~.,~Y STREET ;'DRT MYERS, FL 3390 I (94 I) 332.4233 tAX (941) 332-3596 TDD (941) 332-73S3 November 16, 1999 The Honorable Timothy Consumtine, Commissioner Collier County Commissioners 3301 l~a~t Tamiami Trail Naples, Florida 34112 Dear Commissioner Constantine: Thank you for the opportunity to comment on the Commission's consideration of an ordinance to create an additional homestead exemption for persons over the age of 65, and with annual incomes of $20,000 or less. As a~ advocate for Southwest Florida's older adults, Senior Solutions strongly encourages the Commission's support for such an ordinance. As you are aware, one of the primary concerns that elders face as they grow older is their ability to remain independent within their own communities. For ciders living on a fixed income, the additional homestead exemption might literally mean the difference between keeping a home and remaining independent, or being forced prematurely into a long-term care facility. As we all know, the latter will eventually cost taxpayers more due to the use of Medicaid funds for nursing home placement. In closing, I applaud the Collier County Commissioners for their wisdom and foresight with the introduction of this ordinance. The loss of revenue to the county (. 1°4) is minuscule compared to the benefits realized by elders and their community. Execut ghite Lye Director Afi~]qDA ITEM NO. !,Z.~.2. 2 3 1999 5 · AN AREA AGENCY · ON · AGING- Sponsored by the Florida Ocpartmene of Elder Affairs RECEJVED NOV 15 1999 ~ard of ¢ount~ Commfsstoner$ C-olden Gate Chapter 3753 2090 44th St. S.W. Naples, FL 34116 TO: Board of County Commissioners Collier County Court House 3301Tamiami Trail E. Att: Timothy J. Constantine The Golden Gate AARP Chapter 3753 urges the Collier County Board of Commissioners to adopt the policy that the Senior citizens who are low income home owners in this county be granted additional homestead exemption in accordance to the recent law as passed by the State Legislature. Thank you for your consideration. EXECUTIVE SUMMARY PETITION V-99-19, MR. & MRS. LAWRENCE G. REYNOLDS, REQUESTING A 5- FOOT REAR YARD VARIANCE FROM THE REQUIRED 5-FOOT REAR YARD SETBACK TO 0 FEET FOR A SCREEN ENCLOSURE FOR PROPERTY LOCATED AT 955 FOUNTAIN RUN, FURTHER DESCRIBED AS LOT 14, FOUNTAINHEAD SUBDIVISION, LOCATED WITHIN THE VINEYARDS PUD, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 5-foot variance from the required 5-foot rear yard setback for an accessory structure, along the north property line to allow for construction of a screened pool enclosure. CONSIDERATIONS: The petitioner wishes to enclose the existing pool area with a screen structure. If the screen enclosure were to meet the 5-foot year yard setback, there would be little space remaining to walk around the pool. Therefore the petitioner requests a variance of 5 feet to 0 feet for the screen enclosure. The rear yard is adjacent to a drainage easement. The petitioner has received a letter of no objection from the Vineyards contingent upon approval of the owners of Lot 15 (who, at the Pl:~nning Commission meeting, said they have no objection). Another speaker objected to the variance request because he believed it would set a precedent. 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 County, 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: 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. NOV 2 3 1999 PLANNING SERVICES STAFF RECOMMENDATION: Because the rear yard is adjacent to a lake/drainage easement, Planning Services Department staff recommends approval of the variance. EAC RECOMMENDATION: The Colli~F County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on November 4, 1999. By a unanimous vote, the CCPC forwarded Petition V-99-19 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: 'FR '~/~EISCHL, SENI6-1~-~LANN~R CURRI~NT PLANNING BONALD ~. NINO;~P CURRENT P~NNING MANAGER DATE I!, DATE ROBERT--J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR Vt~?~NT ~. 'CAUTERO, AIC~ DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINIST~TOR executive summaryN-99-19 *GD~ 7.[~ ~ No. ~! NOV 2 3 1999 pg. (~ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 5, 1999 SUBJECT: PETITION V-99-19 AGENT/APPLICANT: OWNER: AGENT: Mr. & Mrs. Lawrence G. Reynolds 955 Fountain Run Nap!es, Fl_ 3-'t119 None REQUESTED ACTION: The petitioner requests a 5-foot variance from the required 5-foot rear yard setback for an accessory structure, along the north property line to allow for construction of a screened pool enclosure. GEOGRAPHIC LOCATION: The subject property is located at 955 Fountain Run, within the Fountainhead Subdivision of the Vineyards PUD. NOV 2 3 1999 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to enclose the existing pool area with a screen structure. If the screen enclosure were to meet the 5-foot year yard setback, there would be little space remaining to walk around the pool. Therefore the petitioner requests a variance of 5 feet to 0-feet for the screen enclosure. 7'he rear yard is adjacent to a drainage easement. The petitioner has received a letter of no objection from the Vineyards. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North East - South West Single family home and pool; zoned PUD Tract "B" Lake, drainage and access easement Lot 13; zoned PUD Fountain Run ROW Lot 15; zoned PUD 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 Prr;habili'iy Map. Th,,r~,~ore, an Historical/Archa~;clogical Survey apd Assessment or waiver is not required. EVALUATION FOR ENVIRONMENT: IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Sect[on 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to 9ru. ni 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 i;~ ~ctio~-~ 2.7.5.6 are as follows: NOV 2 3 {999 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 pool is existing. In order to safely walk around the pool, the petitioner requests a variance. 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. A previous owner constructed the home and pool in 1997. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, The petitioner has a house and pool on the property. 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 arid welfare? A reasonable use of the land currently exists. However, the requested variance will be the miaimum required to construct a screen enulosu~e over the pool. 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 rear yard than would be perrnitted for a similar lot in the Vineyards PUD. 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? AGENDA ITEM NOV 2 3 1999 P~.. ,~ .. No, granting of this variance will reduce the amount of the required yard and required open space, 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. 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 rear yard is adjacent to a lake/drainage easement. 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: L3ecabsu the rear .yard is adjacent to a lake/drainage easement, staff recommends that the CCPC forward Petition V-99-19 to the BZA with a recommendation for approval. AGENDA ITEM NOV 2 3 1999 PREPARED BY: FR~CHL, SENIOR PLANNER ~..,,',: ~,.. !;T PLANF::NC ! RER~EWED BY: ,,'CI~IRR~ENT PI_ANNING MANAGER ~OBE~'I: J]i~J-L~ERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DA'I'E COMMUNITY DEVELOPMENI' & ENVIRONMENTAL SERVICES Petition Number: V~99-19 Collier County Planning/C~mi$$ion: ' / AGE~A ITEI~ NOV 2 3 1999 Pg. Y _ VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR Petition No. AU$ 5- Date Petition Received: Commission District: --~ Planner Assigned: ABOVE TO BE COMPI,ETED BY STAFF GENE tL:~L_L?~: ~3 iAI2ION~ Petitioner's Address: C~55' ,~::::~ff,,t/7~t~,,~ '""~t,/,-~ Agent's Name: Agent's Address: '[elephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Application for Variance Petition - 8/98 Page I of 8 AGENDA ITEM NOV 2 3 1999 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: 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: Mailing Address City State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: / ~'-ff_ff~,' 7'-,4/,~' /// SA ~__ Unit Section __ Twp. Range Lot (s) / ~7~ __ Property I.D. # Block (s) Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 of 8 AGENDA NOV 2 3 1999 Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: N S W E Minimum Yard Requirements for Subject Property: Comer Lot: Yes [] No 1~ Waterfront Lot: Yes ~ No [] Application for Variance Petition - 8~98 Page 3 of 8 AGF...NDA ITEM NOV 2 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 fi-om 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 ~X::;"..~ ,'..' '-:.)-'.:c ]~r~i,~l~* .c~','.?~,? tC ~,t'~ Page 4 of 8 Application for Variance Petition - 8~98 NOV 2 3 lg99 · CONTRACT ? 9251 Freedom Screening Corp. ( ..Ar''" 1950 Custom Drive · Fort Myers, FL 33907"~-~''~ Ft. Myem (941) 936-2827 · Naples (941) 597-4737 ~FAX (941) 936-6024 'Chis form, when properly signed by both parties or their agents, constitutes a contract between Freedom Screening Corporation, and the Owner of General Contractor as designated below at the price, terms and conditions herein set forth on both sides' of this form. /- 's £ ' '" ' SOLD TO .4- r/' ~"! ,(/5 PHONE ADDRESS. INSTALLAT10?I ADDRESS LEGAL OWNE,~ & ADDRESS COUNTY ~ It, .~ ,,, BILLING NAME AND ADDRESS ~'~ '" ~'~ "' /~/~ '~ JOB PHONE '-_~, .~ LOT BLK SUBDiViSION ,L.~'~,. }~,L ,' J-,~,f - o The owner shall secure proper permission for access of contractor's equipment if such access is ~cross property other than.Owner's. Any trees, bushes, sod, walls, fences, sprinkler, septic tanks, water or sewer lines, driveways and sidewalks or other obstructions above or below ~jmund in the areas required for construction shall be removed, cared for and / or replaced by the owner, except as stated herein. TYPE OF WORK * /~ ~,~,. ~( · . FRAME COLOR 15,'o ,',. 'e SCREEN 20/20, DOORS SPECIAL IN.~, woC I~N.:.. d//?, TERMS OF PAYMENT.' It is understood and agreed that the terms are cash and payments as set forth below are due on billing. It is further understood and agreed that. progress payments and any charges for extras, changes and additions shall be paid before the screen is completed. If Freedom Screening ncurs ~y expenses in col!ec_tion payme,"~ or enforcing terms of this agreement, the owner agrees to pay for such costs and expenses including reasonable attorneysfeesandcourtcosts. Venue foranysuchcollectionshallbein Lee County. ~ ~ ~ OA- .b. , J O l J ,:~ ~ _. ~... .-.. iA:la~Or;Da~JuOnBd:~On~ D/POr,SiT REQ U i RE D. TERMS ' .~ contract Price ,~[ ~I , and ag ee to the conditions pdnted or written on this contract including the / Deposit ,, o ~, ~ ~:- I ~ rever~e side h~reof, and no v~rbal agr. eert~nts cor~ilute a part of il. This contract is void if nct acceded by I:~h parties within 30 days. / ! / ' a, CCEFTED: owner Date Price Good For / N~-~'~J/--,~Z. _ SUaMmrED to ~om Screening ~ ¢ / ,- ."m ACCEPTED: Freedom Scree. ,~g by//./ [ Dat~UV Z 3 1999 - 7ERMS"ON THE REVERSE SIDE ARE PART OF THIS CONTRACT. READ CAFIEFULLY. LYING IN MAP OF B(. OF LOT 14, FP"^ SECTION 5, COLLIER C CURVE t,48LE CURV~ OEL TA PAD/US ARC CI (M) 34'38'48' 175.00 105.82 C2 (M) 11,;T00'57" 195.00 384.64 C3 (M), 3,¢'42'56' 55.00 33.32 C4 (~) 55'4g'26' 195.00 189.99 C5 (~t) 34'36'25' 195.00 117.78 C6 (1~1) 22'32'52' 195.00 76.74 Cl (P) 34'36'56' 175.00 105.73 C2 (P] I ;3'0;'09' ;95.00 384.55 CJ (P) 34'36'56' 55.00 33.23 C4 (P) 55'50'09' 195.00 190.03 C5 {P) 34'36'56' 195.00 117.81 c6 (P) 2z?'~,~' J_.;~.oo,,. 76.81 LOT 15 ~ CCRNE~ CF 8' COACRE'TE W~LL \ ~$ O. t' SE OF PRO~E~ U~E TRACT "B" LAX~ O~CE, ANO ACCESS E,~SE~£NT FENCE CORNER 0.8: £ i OF SET I~B~ ~NK CNW 0 STOR~ CONCRL'TE PAD ~ '"..:. :"~/ LOT 14 ' ~.:" '. ~~ ~' ~ :'"'::L:~Z?.:Z: :::::~':' :":' '".Z:~'<'::':"~':':~'/'' . / ':-:-:..::~'~' ": ': .":. ~":' .... ':" ' '"":: == ' ~N~iN:':~: ~OUNO 5/8' REaR ~O ~ - 'SPENCER 4955' ~ ~~ ~'~'~ j:" ?'~': FOUND 5/8" RE~R ~0 ~ - "SPENCER & ~ON 4955 5109" ~ ~ .~~ FOUND 5/8 RE~ ~D ~UMINUM ~ - 'PCP 4718' ' ~ ~~ J s~ 5/~' ~ ~NO ~ - "PS~ 5~50 PS~ 57~2' ~ IT~ : = FOUND PK NAIL - NO IDENTIFICATION 9 = FIELO MEASURED DATA ~) = RECORD PLAT DATA ') = CALCULATED DATA NOV 2 3 1999 PS. /'%.,~ '.E' I LINE TABLE I ,,£ [ LINE I DIREChON I DI$'L4NCE I I Ll (~Z) I N23'2?'GS"E I I9.97 OEtfx=22'1~'~"." (C) L2 (~.) ! N10'40'52'¢/ t 20.18 ~2'~'C~' p~ I ! ~___, ~ [7' .~.~ ~ ~ ~E,~';;~=z~.J~' (:; ~ ~ (p~ I ,~t;Ty36'~ I 20.00 - C6 GRAPHIC S ALE 15 I 1 inch = 30 ft. L~'GZL DESC,S,,IPT'ON LOT 14. FOUN?2INHEAO S'JS~r,'S D'~ ~$ P~R THE ~ECORO PL~T THEREOF RECORDED ~N P~T BO~K 24, gAGES 22-2~. OF THE PUBLIC ~EfgRSS CF COLL.'ER C3UN~. FLORISt. SURVEYOR'S NOTES 6O ;. 6EAR,'NCS S~,'OW'V ~EREON AF.E BASED U.=ON THE CENrERLINE OF FOUNTAIN RUN fCURVE C2) HAVI,VO A RECORD CHORD 8~RINC O'F ~ 67'G7'06~' AS SHOWN ON ~HE P~T OF RECORD. ' 2. NO UNDERGROdND '~'F°~' ::' ,c ~.: C.C ........... .~ FOUNDATIONS W~,E,C LOCAPE9 THE SCOPE OF T,e,'S EU~VEY. 3. FL000 INFORMATION CIVEN WAS CURRENT AS OF THE DAZE SHOWN BELOW. 7~ERE .'~AY HP,~ 8fEN UPDATES 75 T~E FEYA ~AP5 NOT KNOWN TO THIS SURY~O,e. z THIS PARCEL L!EZ IN FLOOD ZONE 'X" /~ ~HOWN ON FEMA F. IR.M. MAP PANEL 120067 042~ D. DAZED JUNE ~, 1986. THIS IS NOT A FLOOD PRONE AR~. 6. BOUNDARY INFORk~TIOk SHOWN HEREON IS BASED UPON ~HE RECORD P~T AND LESAL DESCRIPTION PROV~ED. NO S~RCH OF THE PUBLIC RECORD WAS MADE THE STREET ADDRESS OF THIS PARCEL IS: 95~ FOUNTAIN RUN N~PLERFL 34119 [ June 24, 1999 Naples FL 34119 Re: Screen Enclosure Dear Mr. Reynolds: Enclosed is your Vineyards Architectural Modification Approval. The Vineyards is not opposed to the addition of'a screened pool enclosure as requested with the following stipulations: 1. A variance must be received from Collier County to place the screen within the 5-foot rear setback. 2. Permission must be received from the owner of lot 15. 3. A7 the c,.:",~,:T of lot 13 we are not opposed to the requested plan as long as the, 5-foot side setback is maintained. Call :ne if you have any questions. Sincerely, Thomas Masters, P.E. Director of Engineering Vineyards Development Corporation 98 Vineyards Boulevard Naples, FL 34119 (941 ) 353-1551 · Fax: (941) 455-5057 AGENDA/% NOV 2 3 1999 MODIFICATION REQUEST ACKNOWLEDGEMENt7 Approval is hereby requested to make modifications as described on the attached Request for Review, Exterior Architecuural and/or Landscape Modification form. responsibility for the contractor's performance. I understand: That the purpose of the Modifications Committee inspection is to determine that construction has been completed in conformity with the approved proposal and the premises left in good condition. That the Modification Committee~ approval does not constitute a representative or warranty of the quality of the work performed and that I am solely responsible for determining that the contractor's performance is satisfactory. That neither the Vineyards Community Association Board of Directors, the neighborhood Boards, their Committees or Em?loyee$ in any way endorse contractors or vendors for work w~tn~ t~. community. That I should obtain a copy of my contractor's license and an ~3~iginal certificate of insurance. That I will notify the Modifications Committee of the Construction Schedule and Project Completion D~te so inspections can be arranged. That I will como]%z with all State and County building code requirements, attain a license if required for my p~rticular modification and post said license. I, the undersigned unit owner(s), accept the responsibility for any structural or water damage resulting from work done at my unit- Upon resale the new owner(s) becomes responsible for same as stated in the restrictive covenant. · g ' ~Sign~ture o~ Owner .llxl 6\'J I AGE.~A ITEM NOV 2 3 1999 VINEYARDS COMMUNI~ ASSOCIATION REQUEST FOR REVIEW EXTERIOR ARCHITECTURAL AND/OR LANDSCAPE MODIFICATION 0 W1Nq~R DATA Owners Name: Community: # Sureet Add~ess Day Phone: Evening Phone MODIFICATION SPECIFICATIONS Describe Modification Requested:~ ColorL°Cati°n ~e~ific) Materials Dimensions Expected Date of Completion Request for Review (This Form) S is,~. ~ Ack~lowi edge~ent Three copies of plans - must show distance from ~dj acent units Samples of produce and manufacturer specifications (3) Receipt (To be maintained by owner upon submittal) FOR Cw3~2'L:'i'i'i,TE USE ! I~EI~OPJ/OOD BOARD OR DI~LECTOR~ OR ~0~ ~ ~proved ~ Date Received ~/~ ~) Disapproved atures: ~~S CO~~ ~SOCIATION MODIFI~TION ~~E Date Received. ~ ~/~ ~) Approved ~ ~ () Disapproved Boa~/Committee Signatures: Please note that staff and the Collier County Plarmmg 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 necessao' ) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building revolved. 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. /l,"0 3. Will a literal interpretation of the provisions of this zoning c, hardship on the applicant or create practical difficulties on t~ 4. Will the variance, ifgramed, be ~e min~num variance that will make poss1] ~e reasonable use o~ L~ '~, .... ~i~'-'; ~,~. ,q ~-~ct~ '.. ;md ~ ~w'h pro,note standards o~' ~ea~, ~a~e~' or we]~re. Application for Variance Petition - 8/98 Page 5 of 8 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. 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 deu-imental to the public welfare. Are there ,natural conditions or physically induced conditions that ameliorate the goals and objecnvcs of Lhe regulation such as natural preserves, lakes, golf course, etc. , !~ t~/ -.- __ Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 of AGENDA ITE. N, NOV 2 3 1999 Pg. lq VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST PACKET! REQ UIR EMENTS # oF COPIES REQUIRED 1. Completed Application 15 ! 2. Completed Owner/Agent Affidavit, Notarized 3. Pre-application notes/minutes .~'~ 4. Survey of property, showing the encroachment 1 (measured in feet) ~ 5. Site Plan depicting the following: a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date a~:d scale ofdrawing d) Required setbacks & proposed setbacks 6. Location map depicting m~jor streets in area for reference ?. Applic~,tion 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 failuxe to include all necessary submittal information may result in the delay of processing of this petition. ApphcanbAgent S~bma are Date Application for Variance Petition - 8/98 Page 7 of 8 AGENDA ITEM NOV 2 3 1999 We,C~ ~t~. m~ f~4w'~)~-x,,~'~. J/t/a/Z~ S being first duly sworn, depose and say that we/~" 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/tlC. 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 I/Ve/I further authorize __ as our/my representative in any matters regarding this Petition. to act Signature of Vrof~ir~ 'Owner Typed or Printed Name of Owner Sign,~ure of Property O~v~ '- - typed o'r P'ribed l~am/ie [~f l~ner The foregoing instrument was acknowledged before me this day of 19 ._ , by who is personally known to me or has produced as identification. State of Florida County of Collier Application for Variance Petition - 8/98 (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissio; Name of Notary Public) Page 8 of 8 cd AGENDA I NOV 2 3 1999 '0-26-99; 8:28AM;ARCH NETWORK. INC. ;9414340208 October 25,1999 Fred Reischl Senior Planner Planning Services Collier County Gev. 2~79t: Hc ~t':oe Drive Naples, FL 34104 Ref~ Variance at setback for 955 Fountain Rrm Dear 1Vh-. Reischl: Thank you very much for meeting with us today, as you are aware we are the mediate neighbors to the above referenced property. As we discussed today, we will not have objections to the variance, as long as the screen enclosure is built at, or inside, of the previous fence enclosure, as shown on the site plan, submitted to the County, for approval. We understand that Mr. Reynolds will be required by the County, to survey his property to ensure that the completed work, meets the above requirements. We request a copy of flxe new survey, as it becomes available, for our information. We have never objected to the screen enciosure requested by our neighbor Mr. Reynolds, but we will object to any changes to the above described submittal. Additionally, we are requesting that a Codes AdndrdsU atot reviews the conduit/piping installaJion at the west face at the baybecue, and we also requested to you, that Mr. R%.noids's buried conduit or utilities adjacent to his west pool wall, be removed, as they are in our property. 1~.~: ~h~ :uric 24t~ 1999, Vineyards le[ter to Larry Reynolds, he is required to have our permission to build his screen enclosure as stated above. Finally, we are advising that a buried drainage pipe, parallel to his west pool wall, be maintained, and not damaged during construction of the screen enclosure. James and Cecilia Waterman 959 FountMn Run Naples, FL 34119 348-9253 AGEt~A IT~d RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-99-19, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS the Iegislamre of the State ef Florida in Chapter 125. Florida Statute~ has conlerred on all counties in Florida the power to establish, coordinate and enforce zomng and such business regulations as are necessary, for the protection of the public; and \VHEREAS. 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 5-foot variance from the required rear yard setback of 5 feet to 0 feet as shown on the attached plot plan, Exhibit "A", in a PUD 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 regulation> and in accordance with Section 2.-'.5 t){ the Zoning Regulations of said I and Development Code for the unincorporated area of Collier County; and WHEREAS. all interested parties hax. e beeu given opportunity to be hcaru by this Boa~-d in public meeting assen;b~ed and the Board havin~ considered all matters presented: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida. that: Tt;e Petition \ -99-19 tiled by Mr. & Mrs. Lawrence G. Reynoids. ,~¥ith respect to the property hereinafter described as: Lot 14. Fountainhead Subdivision as recorded in plat book 24, pages 22-24 of the Public Records of Collier County, Florida. be and the same i~ereby is approved for a 5-foot variance from the required rear yard setback of 5 feet to 0 feet as shown on the attached plot plan. Exhibit "A", of the PUD Zoning District wherein said property is located, subject to &c following condition: This variance is for the encroachment of a one-story screened pool enclosure as depicted in exhibit ~'A" only. Any other encroachment shall require a separate variance. -2.- AGENDA ! ~ NOV 3 1999 P~. ~ BE IT RESOLVED that this Resolution relating to Petition Number V-99-19 be recorded in the minutes of this Board. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Ma~i S. Scuderi Assistant County Attorney g/admin/V-99-19 RESOLUTION/FMCs PAMELA S. MAC'KIE, CHAIRWOMAN -2- NOV 2 3 1999 D LYING IN MAP OF B( OF LOT 14, FOU~ SECTION 5, TOY COLLIER C C! ~M) 34'.,~'4~8' 175.00 i ~0~.82 C2 (~) ~ 1~'57' 19~.00~ 384.64 ~ (M~ 34'42'56' 55.00 33.32 C4 (u) 55'49'26' ~95.00 ~89.99 ~ [u) 34'36'25' ~95.00 ~X78 C6 (~) 2F32'52" ~95.00 76.74 CI (P) 34'36"56' ~75.00 ~ 105.73 C2 (P) ~ ~0~'09' ~95.~0 384.65 ~ (P) 34'36'56' 55.~ 33.23 C~ (~} I 55'50'0~' ~95.00 C5 ~P) ~ 34'36'56' 195.00 ~ ~17.8~ ~ C6 [P~ ~ 2~34'04' ' ~95.00~ 76.81 PROP£Rrt !JN£ ,TgA C T "~ " ~ ~,~. ,~o ,~c~s F_ASE~ENT z STORY JO. I' NOV 2 3 1999 = SET 5/8" t~EBAR AND CAP - "PSt, I 5650 P$~ 5762' = FOUNO I~K NAfl~ - NO IDENTI~ON = ~ELO ~5URED ~TA = R~CORD ~T OATA = ~CU~O ~ '""->-C ' :' ':":'-:~: .-' ' C5 - '.~ :".: i:._... :~..'. = FOUND 5/8' REBAR AND CAP - 'SPENCER & HATTON 4955 5109' - '"" _."-,.. = FOUND 5/8 R£BAR AND ALUMINUM CAP - "PCP 4118' EXECUTIVE SUMMARY TO APPROVE A RESOLUTION ENDORSING THE IMMOKALEE FRIENDSHIP HOUSE AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. OBJECTIVE: Approve a Resolution that endorses the Immokalee Friendship House as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. CONSIDERATIONS: On 3~28~95, the Board enacted Ordinance fl95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. Immokalee was then designated as such by the State effective 1/1/97. The State also authorized the Community Contribution Tax Credit Program as part of this program whereby a Florida corporation can receive a tax credit equal to 50% of the value of a contribution to a State approved community development project located within the Enterprise Zone. The Immokalee Friendship House, a non-profit organization incorporated in the State of Florida, is the sponsoring organization applying for this approval with the intent of soliciting land, construction materials, furniture and other items to better serve their clients' immedia[e needs as well as the organization's long-term goals. The project is consistent with the overall intent of the Immoaklee Area Master Plan. The Resolution was recommended for approval by the Immokalee Enterprise Zone Development Agency. FISCAL IMPACT: none GROWTH MANAGEMENT IMPACT: none RECOMMENDATIONS: To endorse the Immokalee Friendship House as a sponsoring agency under the Community Contribution Tax Credit Program and authorize the Chairwoman t° sign the attached I~s°luti'?n' .~/~4 PREPARED BY: ~ ~/~/~ . ' Helene Caseltine, Economic Development Mgr. Date REVIEWED B~~,~'~-~' "~'~ Gr(i~Mihalic, Director Housir~ and Urban Improvement ...// ? ' Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Se~ices / ,/'Date 2 3 1999 RESOLUTION 99- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING THE IMMOKALEE FRIENDSHIP HOUSE AS A SPONSORING AGENCY UNDER THE FLORIDA 6NT~PRISE ZONE COMMUNITY CONi"R!BUTION T/.,X CREDIT PROGRAM. WHEREAS, the State of Florida has e~lacteJ the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed 3reas to create economlc opportun;[ies a~: ~ sustainab!e eco~ ~omic ge~'elop WHEREAS, the Board of Counfy Commission enacted O,~:~inance #95- 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Florida designated the Immokalee area as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the State eh.courages [he participation of private corporations in revitalization projects by granting either partial state corporate income/franchise tax credits or insurance premium taxes to corpo 3:[orl.~ contribute resources to public redevelopment organizations for the revitalization :~f enterprise zone;;; and WHEREAS, the State authorized the Community Contribution Tax Credit Program, under Section 220.183, Florida Statutes, which allows any Florida corporation to receive a tax credit of 50 percent of the value of the donation (not to exceed $200,000 in any one year) against any corporate income/franchise tax or insurance premium tax due for a taxable year for contributions to a State approved community development project located within the Enterprise Zone; and WHEREAS, the Immokalee Friendship House, a non-profit organization incorporated in the state of Florida, is located within the Immokalee Enterprise Zone and meets the criteria as a sponsoring organization under Section 220.03(1)(t), Florida Statutes; and WHEREAS, the Immokalee Friendship House project is consistent with the overall intent of the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, the lmmokalee FrierMship Piouse is organization applying for approval as a State approved Community Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: NOV g 1999 1 with the Collier County Growth Management Plan and the Immokalee Area Master Plan. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK COI_LIER CO; JrJT':' BOA,~ OF COUNTer' COMMISSION.~RS By: Clerk Pamela S. Mac'Kie, Chairwoman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi F. Ashton Assistant County Attorney 2 1999 Attachment "A"- page one lmmokalee FriendsM? House SHELTER FOR THE HOMELESS 'sVhat?: The Immokalee Friendship House is an emergency homeless shelter serving the needs of the Greater Collier County Are,x We are a not-for -profit 50I(e)3' corporation governed by an all vohmtoer board of directors. The Immokalee Friendship House wa~ fcrnial!y organized in i 059 and we have been providing services since that time. Our Mission Statement is: Following God's call to share bread with the hungry shelter the oppressed, and the homeless, and clothe the nailed (7~a. 58a:6-7), Immo~alee Friendship House seeks to meet the needs of the homeless persons by providing emergency and temporary shelter meals and setnqces which enable these persons to locate and maintain Fermanent housing. Where?; The hmnokalee Friendship House is located in Immokalee, a small fanning community, with 44 8% of its general 'population existing below the fechSral poverty guidelines. Immokalee is 44 mJ~es Northeast of the county seat of Naples. Wlio?! We see people from ail'walks of life. AbUSed V~men, children, migrant farm-,~a~rkers, people recently discharged from the hospital and convalescing (we work with visiting nurses), people fighting addiction, and peopI~ who recently/suffered'i~ lOSs of income. We do not charge for our services. 80% of the staff at The Inunoknlee Friendship House is Bi-lingual, 20% ~ our staff is fluently Tii-lingual. How Many?: -The Immokalee Friendship-House has a total bed capacity of 40. If Collier County declares an emergency we are authorized to double our c~,pacity. We can hob, se ;,,e~, won;e,~, and families W~th chikhen. We house about 900 unduplicated homeless persqns annually. We serve about 22,000 meals annually. How?: Upon arrival' clients are assessed and in-house assistance and referrals are coordinatexi A warm shower, and hot meal is provided (3 meals a day are provided including a bag lunch to take to work or out job seeking).- In the evening, clothes are wash~ chores are done, AA meetings, snpport groups and counseling occurs. The Inmxokalee Friendship House is open 24 hours a day 365 days a year. How much does it cost7: To house 900 peopIe, feed 22,000 meals, provide referrals, counseling and a safe clean environment it costs less than $200,000.00 annually. Wit0 Supports us?i The Immokalee Friendsl:ffp House is an independent no[,-for-profit ecumenical organiTation- United Way support accounts for 19°/6 c/our annual budget, church donations 14%, foundations and grants 15%~ business and business groups 4%, state of Florida Departmen. t of Children and Families 7% and individual gifts 41%. How can you help?: Come to lmmokalee and ~ee our operation in action, vqlunteer your time, financially support our mission. Just think a $10.00 donation is enough to provide 15 hot nutritious meals. (As per independent audit cost per meal =. 66 cents). Goals: Use oar additional space for community needs, such as Job Fairs, AA, Immokalee Redevel0pment Board meetings. S~pport Groups and En~ish 'clasps. We me needs of our unique community through these and additional much needed initiatives. At some point we hope to be prepared io offer HOusing (to facilitate proper vocational training/skills to develop sustainable independence) and develop youth programs to impact our local drop-out rate. Quick Facts: The current population oflmmokalee is approximately 18,000. The population of Immokalee swells to about 35;000 when it is picking season. The occupancy rate off3e Inunokalee Friendship House follows this pattern; in season we reach 100-120% occupancy, out of season we reach 40 to 60% occupancy. 85 cents on th~ doll-ar goes to client services. ~'-~ 602 W. MAIN STREET . IMMOKALEE, FL 34142 ' (941) 657-4090 A UNITED WAY AGENCY NOV 2 3 199 Attachment "A" - page two Other donations sought by the Immokalee Friendship House include: Land Construction materials Pay for laundry equipment Money (cash) Office equipment Cleaning suoplies Hygi,~ne prorl r Paint Stoves Refrigerator Bathroom fixtures Tile Tables/chairs Beds/furnishings Pro/essio~i~! ser.~ ices (p;t!mbing, electrical, carpentry) AGEND~ IT, NO',' o, .1 1999 March 8, 1999 FLORIDA DEPARTMENT OF STATE Katheflne Harris Secretary of State IMMOKAI.EE FRIENDSHIP HOUSE, INC. IMMOKALEE, FL 33934 SUBJECT: IMMOKALEE FRIENDSHIP HOLISE, INC. DOCUMENT NUMBER: N22470 In compliance with the request on your 1999 Annual Report, the certif'~,ate of status for the subject corporation is enclosed. Should you have any questions regarding this matter, please telephone (850) 488-9000. Division of Corporations /km Division of Corporations - P.O. BOX 6327 - Tallahassee, Florida 323~4 NOV 2 3 1999 POI.- ~;~ -- ~epartment of ~tale I certify from the records of this office that IMMOKALEE FRIENDSHIP HOUSE, INC. is a corporation organized under the laws of the State of Flodda, filed on September 14, 1987. The document number of this corPoration is N22470o I further ce,'tify that said corporation has paid ail fees and penalties due this office through December 31, 1999, that its most recent annual report was filed on March 1, 1999, and its status is active. I further certifYthat said corpor-ation haS not filed Articles of Dissolution. CR2E022 (1-99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the ~ighth day of March, 1999 NOV 2 3 1999 PcJ. ~.._~-- ~aill~rin~ ~arris ~.~ecretar~ of~.~tate 25 Issue Date Florida Department of Revenue Il Consume,r's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 01/11/95 01/11/2000 21-00-021572-56C CHARITABLE INSTITUTION This Certifies That This Ce~ficate is DR-14 Non-transl'erable. R. 12/97i Type of Organization IMMOKALEE FRIENDSHIP .HOUSE 602 W MAIN ST IMMOKALEE FL 33934-3937 Is Sxen':pt ['rom the Payment of Sales and U~e Tax on the Purchase or Lease cf Tangible Personal Property, the Lease of Transient Rental Accommodations or Real Property. L.H. Fuchs Executive Director Florida Departmem of Revenue Important Facts I DR-14 R. 12/97 Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt purchases. Your Consumer's Certificate of Exemption is to be used solely for your organization's customary nonprofit activities. Purchases by the ex~mpt organization are only exempt when the Consumer's Certificate of Exemption is presented to the vendor and the payment is made directly by the organization. · Purchases made by an individual on behalf of the organization are taxable, even if the individual is reimbursed by the organization. Transactions by an exempt organization such as sales or leases of tangible personal property, transient rental or sleeping accommodations, real property, or docking spaces are taxable. The organization must register for sales and use tax certification, and collect and remit sales tax on those transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Section 12A-1.070, Florida Administrative Code). · Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE PERSONAL BENLFIT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION. If you have any questions or need assistance, please contact: Central Registration ,~---., 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 '- 850-487-4130 E~A/T'EM. 1999 26 Issue Date 01/11/00 This Certifies That Florida Department of Revenue [!Consumer's Certificate of ExemptioniI Issued Pursuant to Chapter 212, Florida Statutes Expiration Date Certificate Number 01/11/2005 21-00-021572-56C This Certificate is DR-14 Non-transferable. R. 12/97 Type of Organization CHARITABLE INSTITUTION IMMOKALEE FRIENDSHIP HOUSE 602 W MAIN ST IMMOKALEE FL 34142 Is Exempt From the Payment of Sales and Use Tax on the Purchase or Lease of Tm~gible Personal Property, the Lease of Transient Rental Accommodations or Real Property. L.H. Fuchs Executive Director Florida Department of Revenue Important Facts I Provide all vendors with a copy of your Consumer's Certificate of Exemption before making tax-exempt purchases. · Your Consumer's Certificate of Exemption is to be used solely for your organization's customary nonprofit activiti DR-14 R. 12297 Purchases by the exempt organization are only exempt when the Consumer's Certificate of Exemption is presented to the vendor and the payment is made directly by the organization. Purchases made by an individual on behalf of the organization are taxable, even if the individual is reimbursed by the organization. Transactions by an exempt organization such as sales or leases of tangible personal property, transient rental or sleeping accommodations, real property, or docking spaces are taxable. The organization must register for sales and use tax certification, and collect and remit sales tax on those transactions. Note: Churches'are exempt from this requirement except when they are the lessor of real property (Section 12A-1.070, Florida Administrative Code). Changes in the organization's purpose, federal exemption status, or address must be reported immediately to the Department of Revenue. UNDER NO CIRCUMSTANCES SHOULD THIS EXEMPTION BE USED FOR THE PERSONAL E~ENEFtT OF ANY INDIVIDUAL. ANY MISUSE OF THIS EXEMPTION WILL NECESSITATE ITS REVOCATION. If you have any questions or need assistance, please contact: Central Registration 5050 W TENNESSEE ST TALLAHASSEE FL 32399-0100 850-487-4130 NOV 2 3 ~ PO. q 1999 INTERNAL REVENUE SERVICE OISTRICT DIRECTOR C - 1130 ATLANTA, GA 30301 Oate.' APR 2 ~ iS~2 IMMOKALEE FRIENDSHIP HOusE XNC 602 W MAIN ST ~NMOKqL£E, FI.. [IEPARTHENT OF I'~IE TREASURY E',',ployer ldentific~tion Number: . 65-00£594 ! ' C,:,~i t~c t Person: LOREiTA ItAMI[_TON C¢,ntac't Telephone Number: (404)~c, 1-0170 ,luCy 27, 17..-o __Oear Applicant: ,:,r~aniz,sti,:,n describ,:.d in ,:,c. ct~on 501(,:)(3) i5 st.~:l in erlc~ !:. t~:as,?d ,:,r, ~l,e inf,:,rmaki,:,n you sub~ittod, ~e J,avo doLerqiJned ~;hat y,:,:~ ,~re not; a f,:,undati,:,n i;ithin the me4r~ing ,:,f section 509(a) of tho Cc, de b=.cause you organization of ~he type dL~cr[bed in sc-c'ti,:.h LqOg(a) (1) ahd ]FO(b) (I) (A) (vi). 6rant.:,cz and c,:,ntr',i,,,~,.,rs ~,a7 ru!y .:.n [nte~-nal Rev,~nue Set'vice 2ublishe5 n,..ticc, k,:, the r:'z~,trary, tl._,n.:,.,c.r'~ if you J,-.s¢-... v',,lr,. 5etlti,:,n 50, ..~, ¢]), status,. 3 _ur~nt'-'¢ ,'r. r,:,n~','ibut,:,r. .., i,i.]'/ n,,~-. ~ l',?~y ,',n this dotermir, aLion it he ,:.r she ~as i~ p~.rb Ce ~'.:,,'..ible for, ,:,r t~,,-5 a:~ar',:, ,..f, ,the ac% or failure ~.:, oc~ or ~he substantiul or ma~er'ial the ,:,rganizabi,:,n eha% resulted in your loss of sucll st,~us, ,:,r if he ,:,r sin:- acquired kn,:,Hledge that %he In%ernal Revenue Service had given notice ~ha~ you H,:,uld no longer be classified as a section If ~e have .indicated in tile heading ,:,f this letter that ar~ addendum applies, the addendum enclosed is an integral parc ,:,t' this I,::t:ter. - E:ecause this lottur' could hulp m",?n,:,lve u;,y q~:,..:51;i,:,,s ~b,:.,ub y,-ur pr'Irate foundation status~ please keep it in your pc. rman,,:nt records. If you have any questions, please contact the pers,:,n t;h,:,se n,)me and telephone number are sh,:,tm above. District D i rect,:,r SHELTER FOR THE HOMELESS BY-LAWS OF THE IMMOKAI~EE FRIENDSIIIP HOUSE .4RTI£7~E L Name The name of this corporation is Immokalee Friendship House. Inc. ARTICLE II. Principal Office The principal office of this corporation shall be 602 .West Main Street, lmmokalee. Florida 34142-3937 ,4RTICLE HL Puqwses qf the Corporation The purposes for which this Corporation is tbrmed are exclusively charitable, educational and scientific, and consist of the fbllo~.~.ing: To provide and operate emergency temporary housing and shelter f'or the and indigent in the hnmokalee are~t without regard to race, age, color, c~'ecd. national origin; To promote the general social welfare 0fthe community by providing related t~cilities and social services such as consuitatiou and referrals to the rural poor the lmmokalee area in need of temporary, emergency shelter; To share the love of God by word, deed, literature, and worship service.', 'when appropriate; - To solicit and raise funds from public and private sources sufficient to dex elop maintain such projects and activities as the corporation might undertake thrtherance of its purposes; To acquire, improve, operate, sell. convey, assign, mortgage c ' lease an,. real personal property or interest or rights therein appurtenant in fhrtheranc~, .._,1' thc purposes of this corporation; and To engage in advocacy on behalf of the homeless and to help them organize so that they may be empowered to obtain .justice tBr themselves. 602 W. MAIN ST. ',, IMMOKALEE, FLORIDA 33934 · (941) 657-4090 A UNITED WAY AGENCY t999 SHELTER FOR THE HOMELESS ARTi£ZE IV ~Board qf Directorx Serlio, 1. C.[_e, aega~ower_S The affairs of the corporation shall be managed by its Board of Direc:'ors ]'he number of Dircctors -:hal! be not i, s.. !l~m, ~.c~ an ,~;', ~urc ti,an 21 p~, so~s ,'. ho actively support the purposes of the corporation. Section 3. Powers 1. The Board of Directors shall have tull control of~ and sole responsibilit.~' fbr. the affairs and operation of'the corporation and may exercise any and all powers inherent to a Board of Directors as defined in the laws of the State of Florida. 2 The Board of Directors shall hire an Executive Director to carry out the purposes of the corporation. 3. The Board of Directors shall elect the officers of the corporation from among it< number each year at their regular ,,",/o,,cmber meeting. Section 4. E, Le. cl~n of the Board.of Direct~_rs 1. The number of board members shall be designated by a two-thirds (2/31 vote of the members of quorum, 2. Members of the Board of Directors shall be elected by a two-thirds (2/3) vote quorum. No member shall be eligible whose nomination for n,embership has not been moved and seconded at a meeting at least 30 days prior t > the meeting at which the voting of the nomination takes place. 3. Board members shall serve for two-year terms. 4. There shall be no limit upon the number of terms that a Board member mav serve as a director. Sectio, 5. Resignatioll Any member of the Board may resign at any time by submitting a written resignation_ notice to the presiding officer. Sectio, 6. Remoyal !. Any Board member may be removed upon missing three consecutive meetings without a reasonable excuse, 2. Any member may be removed tbr good caUse by a two-thirds (2/3) vote of the Board of Directors then in office, provided that the member is given at least a ten (10) day notice ofthe proposed removal and a detailed written description of the reasons for such removal, 3. Any officer of the corporation who is removed t¥om the Board of' Directors shall also be considered removed from their officer position 602 W. MAIN ST. · IMMOKALEE, FLORIDA 33934 (, (941) 657-4090 A UNITED WAY AGENCY SHELTER FOR THE HOMELESS Sec/ion 7. ~ Vacancies on the Board of Directors shall be filled by a ~ote of two-thirds (2/31 tit' quorum. Members elected to fill vacancies shall sm~'e the remaining term of the positio~ []lied Section 8. Meetings 1. The meetings of the Board of Directors may be held at the principal office or a~ any place that a majority of the Board members designate 2 Re~tular .meetings of the Boa:'d o1' D',rec, tors sba',! be I,;4d month!?, o~' ,~ bythe t3oard at a regularly scheduled meeting 3. Special meetings of the P, oord of Directors ~;:ay I~e called by or at the ~-ec~;e~t the President or any two Directors The person authorized to call special meetings of the Board may fix any place within Collier County, Florida. as the place for holding any special meeting of the Board called by them. 4. Attendance ora Director at a meeting shall constitute waiver t,fnotice or' that meeting, unless attendance is for the express purpose of objecting to the transaction of business because the meeting has not been lawfully called or convened. Section 9. Quorum Five members of the Board then serving at any meeting duly assembled shall be in the by-laws to constitute a quorum for the transaction of business. Unless otherwise specifie& the act of the majority of the Board present at such a meeting shall be the act of the Board. Section 10. Infor~on If all the Directors, severally or collectively, consent in writing or by telephone communication with the President of the Board or his designee to any action taken or be taken by the corporation: the action shall be as valid as thot,gh it had been authorized al a meeting of the Board. Section 1 l. Indemnification of Officers and Board of Dir_ector~s. Individual members of the Board of Directors and officers shall be ind ramified I.,.5. the corporation for their individual actions while serving to advance the purposes and policies of lmmokalee Friendship House. in the event of threatened litigation against the corporation or against individual volunteer officers or Directors tbr their role in the x corporate project, the assets of the corporation will be pledged to defend the individ'~.~i ~') named (excluding any personal misdemeanor or felony), and only related to actions xv~ performing corporate business. The first line of defense against any threate~,ed fi~iga*i~\ will be the assets of the corporation and, should it become necessary., the dissolution o1~t the project if required, to defend its volunteers against threatened litigation. 602 W. MAIN ST. ,, IMMOKALEE, FLORIDA 33934 ~, (941) 657-4090 A UNITED WAY AGENCY 1999 SHELTER FOR THE HOMELESS ARTICLE V Of.,~cers 3'ectUm t. ~)fl~cer~. The Board of Directors shall select fi'om theh' number the executive officers or'the corporation and shall consist of a President. Vice-President, Secretary: and Treasurer The offices &the Secretary and Treasurer may be combined and held by one person. Other officers, agents, and employees that the Board may deem in a manner presc~'ibed tile l:;oard 3'ection 2. Officers shall hold office from the December meeting of the year they are elected through the November meeting of'the following year, unless they are sooner removed fi'om the office as provided by these by-laws. Section 3. ]v_~aca When a vacancy occurs in one of the executive offices by death, resignation, or otherwise. it shall be filled by the Board of Directors. The officers so selected shall hold office until a successor is chosen and qu~lif;ed Section 4. P_resident:_~___o.w_er.s_and _lDu_ties The President shall be chief executive officer of the corporation and s~ all in general supervise and control all of the business and affairs of the corporation. He shall preside at all meetings of the members and of the Board of Directors. He may sign, with the Secretary or any proper officer of the corporation authorized by the Board of' Director; any deeds, mortgages, bonds, contracts or other instruments which the Board of Directors has authorized to be executed. In general, he shall pertbrm all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. Section 5. Vice President: Powers and Dut'ies The Vice President shall act in the place of the president when the president is absent or incapacitated; shall have the same powers and duties of the president when he or she act,~ in that capacity, Shall pertbrm whatever other duties the Board from time to time - prescribe. Section 6. Secretary2_.Eo__wers and Duties The Secretary shall have charge of such books, documents, and papers as the Board o( Directors may determine; ~hatl keep, or cause to be kept, a true and complete record ol the meetings of the Board; shall give, or cause to be given, notice of~.q meetings of`the Directors; shall keep a record containing the names, alphabetically art ~nged, oV:fll pers~m,,, who are members of the corporation, sho~,.ing their places of residence, the namc,~ ol'll~,. persons entitled to participate in corporate affairs, and such books shall be open tbr inspection as provided by law'; shall, in general, perform all the duties incident to tt~e office 602 W. MAIN ST. · IMMOKALEE, FLORIDA 33934 * (941) 6574090 A UNITED WAY AGENCY NOV 2 3 1999 SHELTER FOR THE HOMELESS of Secretary, subject to the control of the Board; shall pertbrm such other duties as max be prescribed by the Board. Sec'tio~ 7. Ireasxtmr:__P_o_~er&,~dD_utLe,~ The Treasurer shall have custody of ali corporate funds, property and securities subject such regulations as may be imposed by the Board of Directors: shall keep, or cause to bc kept, full and accurate accounts of receipts and disbursements and shall deposit, or cause to be deposited, all corporate funds and other valuable efl'~cts in the name of and to the ,:redit of the corporation i~ a deposi!ory e,' depo~itori¢~ designated b,' ,he Bou,~ render to the president o~ the Board of Directors whenever they may: equire it. an oftransactiot:s as treasurer and of the financial condition ol"the corpo,'atien, a:'d general, perform all duties incident to the office of treasurer, subject to the control of the Board of Directors. Section 8. Past President The immediate past President of the Board of Directors shall serve on the executive committee as Past President. In the absence of the President and Vice-President, he shall conduct meetings and perform the duties of President. The Past President shall perform such other duties as may be assigned to him bv the President or by the Board of' Director.< To allow l-bt continued pa~'ticipation by this individual, the term for board membership tbr this person shall be extended by one year. Section 9. B_o_llrfing The treasurer of this corporation and all persons authorized to sign checks shall be bonded. Section 10. ~[~D_uties Whenever an officer is absent or whenever for any reason the Board of Directors may deem it reasonable, the Board member may delegate the powers and ¢ :~ties of an officer any board member of the Board of Directors. ARTICLE VI Committee. s Section I..Committees of Direct_o_rs The Board, by resolution adopted by a majority of the Directors present at any dulx assembled meeting with quorum present, may appoint one or more committees, each of which shall consist of at least one Director. Additional committee members may be appointed by the Board President and approved by the Board oCDirectors Committees must bring their recommendations to the full Board fbr action. Sectio, 2. Executive Committee The Board shall establish an Executive Committee, consisting of the President. r"-~~~ Vice-President, Secretary. Treasurer and Past President The Executive Committe, shal~o. ~ / NOV 2 1.q.q.qJ 602 W. MAIN ST. · IMMOKALEE, FLORIDA 33934 · (941) 657-4090 A UNITED WAY AGENCY ,L SHELTER FOR THE HOMELESS have and exercise the authority of the Board of Directors in the management of' the corporation, except in reference to the following issues, in which authority rests ~,ith thc entire Board of Directors: 2. 3. 4. Amending, altering or repealing thc b.9-1aws Amending or restating the articles of incorporation Adopting a plan of merger or consolidation with another corporation Authorizing the sale, lease, exchange or mortgage of all or substanti?ilv all oF tae pcoperty ami a~sets vt thc corpm atio:,.. Authorizing thevoluntaty dissolution of the corporation Adopting a plan for the distributi,~n of the assc~s of thc Section 3. Chairman One member of each committee shall be appointed chairman by the person or persons authorized to appoint the members thereof Section 4. Vacancies Vacancies in the membership of any committee may be filled by appoi ~tments made in the same manner as provi:ted in the case of the original appointme~,ts Section 5. f~ules Each comnfittee may adopt rules for its own government not inconsistent with these by-laws or with rules adopted by the Board of'Directors. ARTICLE VII Compensation of Board q[' Directors No member of the Board of Directors shall be compensated for his or her se~w'ices as a Board member; however, Board members may be reimbursed personal expenditures accrued in the performance of official duties as approved by a vote of the Board .4RTICT. E VIII Membership Section 1. O,x~a[ifi~ations Membership is open to'any person who is willing to assist in the advancement of the cause of this orgaaizatio~. Section 2. ~ A meeting of the entire membership of supporters of'this corporation shall be held each year on a day designated by the Board of Directors. 602 W. MAIN ST.., IMMOKALEE, FLORIDA 33934 * (941) 657-4090 A UNITED WAY AGENCY SHELTER FOR THE HOMELESS ARTICLE IX Fiscal Year The fiscal vear of the o~ganizati,.m shall begin c,a Octobe~ Ist of each veal a;,,l :~d c,~ September 30 of each year. ARTICLE X Per~nnn,'i Policie.~ Section 1. Emgram_,_A~c!_~_[str_ad~ The Board shall be responsible fbr hiring the Executive Director. A hiring committee consisting of three (3) members appointed by a majority of the Board shall advertise to the general public for the position, screen applications t'or those who meet the minimum sta~,dards, and recommevd to the Board the applicant(s) who meet the requirements for the position. 'The Board shall have the right to inte~Mew recommended applicants and revieu,, applications if'requested. 'Fhe decision to hire the Executive Director shall be made by a vote ora majority of Directors then in office. The Executive Director shall direct the day-to-day afl'airs of the corporation at the behest of the Board of Directors. The Executive Director shall report to the Board the corporation's state of afi"airs at each regular meeting of the Board. Section 2. Additional Employees The Board is responsible to hire and fire the Executive Director. The Board shall participate in the hiring of assistant director(s). The Board shall participate in the firing assistant director(s), except in cases of gross misconduct. The Executive Director is responsible for the hiring and firing of'any additional employees. Section 3. Eligible Employee Employees shall be hired without regard to race, creed, or sex. ~Among applicants for available positions~ consideration shall be given to those persons who reside in the area served by the corporation, provided, however, that members and administratort their duty to the corporation to hire those persons who will further the corporation's purposes most effectivelv. ARTICLE XI Contracts, Checks, Deposits, anti Funds Section 1. Contracts The Board of' Directors may authorize an,~ officer or officers, agent o~ agents ,~t'the corporation, in addition to the officers so authorized bv these by-laws, to enter 602 W. MAIN ST. · IMMOKALEE, FLORIDA 33934 · (941) 6574090 A UNITED WAY AGENCY No. , !0V 2 3 !99 L SHELTER FOR THE HOMELESS contract or execute and deliver any instrument in the name of and on behalf o1" the corporation, and such authority may be general or confined to specific instances Section 2. Checks. All checks, drafts or orders I-Ur the payment o'f mOney, notes or other evidence of indebtedness issued in the name officers, agent or agents of the corporation and in such manner as shall fi'om time to tim~ be determined by resolution of the Board of Directors. In the absence of such determ;natio~ b~ the Board of and countersigned by the President or Vice-President of' the corporation Section 3. D. ega/xts All funds of the corporation shall be deposited from time to time to ti',; credit of the corporation in such banks, trust companies or other depositories as th: Board of Directors may select. ,Section 4. ~ The Board of Directors may accept on behalf of'the corporation any contribution, gill bequest or devise for the general purposes oft'or any special purpose of r!,e co,!~ora~i,~, :4 R TICLE XII Amendments Section 1. '-B3zLa~v_s The by-laws of the corporation shall be altered, amended, or repealed by a two-thirds (2/3) vote of the Board of Directors at a regular or special meeting ol'"the Board provided that written notice of the proposed change was given to the Board 30 days prior to the day of official Board action. Section 2. Articles of Incorp_o_ration_ The Articles of Incorporation shall be amended by a two-thirds (2/3) vote of the entire Board of Directors holding such seats at the time of considering such m~endment or amendments, provided that written notice of the proposed amendmem was given to thc Board at least 30 days prior to the day of the official Board action on that matter ADOPTED by the Board of Directors at its regular meeting 602 W. MAIN ST. ~, IMMOKALEE, FLORIDA 33934 ,, (941) 657-4090 A UNITED WAY AGENCY EXECUTIVE SUMMARY TO APPROVE A RESOLU'IION ENDORSING COLLIER COUNTY HOUSING AUTHORITY LAND ACQUISITION - NEW DEVELOPMENT, INC. AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. OBJECTIVE: Approve a Resolution that endorses Collier County Housing Authority Land Acquisition - New Development, Inc. (CCHA Land, Inc.) as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. CONSIDERATIONS: On 3/28/95, the Board enacted Ordinance #95-248 nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act. Immokalee was then designated as such by the State effective 1/1/97. The State also authorized the Community Contribution Tax Credit Program as part of this program whereby a Florida corporation can receive a tax credit equal to 50% of the value of a contribution to a State approved community development project located within the Enterprise Zone. CCHA Land, Inc., a non-profit organization incorporated in the State of Florida, is the sponsoring organization applying for approval with the intent to solicit land donations for farmworker housing. The project is consistent with the overall intent of the Immoaklee Area Master Plan. The Resolution was recommended for approval by the Immokalee Enterprise Zone Development Agency. FISCAL IMPACT: none GROWTH MANAGEMENT IMPACT: none RECOMMENDATIONS: To endorse CCHA Land, Inc. as a sponsoring agency under the Community Contributiop Tax Credit Program and authorize the Chairwoman to sign the attached Resolution' / ~j~~ ' '1 '-- He lene -C-a-selti n'~, - '/ Date Economic Development Mgr. REVIEWED BY..j...,..~ ~. Gre.~..l~halic, Director H.~.~d Urban Imp,~en./t ~incent A. Cautero, AICP, Administrator Community Dev. & Environmental Services Date AGE A Dal~ ,o. NOV 2 3 1999 RESOLUTION 99- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING COLLIER COUNTY HOUSING AUTHORITY LAND ACQUISITION - NEW DEVELOPMENT, INC. (CCHA LAND, INC.) AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. WHEREAS, the State of Florida has enacted the Florida Enterprise Zone Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both State and local government to induce private investment into distressed areas to create economic opportunities and sustainable economic development; and WHEREAS, the Board of County Commission enacted Ordinance #95- 248 on March 28, 1995, nominating the Immokalee Community as an Enterprise Zone pursuant to the Florida Enterprise Zone Act; and WHEREAS, the State of Flodda designated the Immokalee area as a State Enterprise Zone effective January 1, 1997; and WHEREAS, the State encourages the participation of private corporations in revitalization projects by granting either partial state corporate income/franchise tax credits or insurance premium taxes to corporations that contribute resources to public redevelopment organizations for the revitalization of enterprise zones; and WHEREAS, the State authorized the Community Contribution Tax Credit Program, under Section 220.183, Florida Statutes, which allows any Florida corporation to receive a tax credit of 50 percent of the value of the donation (not to exceed $200,000 in any one year) against any corporate income/franchise tax or insurance premium tax due for a taxable year for contributions to a State approved community development project located within the Enterprise Zone; and WHEREAS, the Collier County Housing Authority Land Acquisition - New Development, Inc., (CCHA Land, Inc.), a non-profit organization incorporated in the state of Florida, is located within the Immokalee Enterprise Zone and meets the criteria as a sponsoring organization under Section 220.03(1)(t), Florida Statutes; and WHEREAS, the CCHA Land, Inc. project is consistent with the overall intent of the Immokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, CCHA Land, Inc. is the sponsoring organization applying for approval as a State approved Community Development Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: NOV 2 3 1999 with the Collier County Growth Management Plan and the Immokalee Area Master Plan, This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Clerk Pamela S. Mac'Kie, Chairwoman Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Heidi F. Ashton Assistant County Attorney 2 AGF_NDA iTF_M NOV 2 3 1999 Attachment "A" Collier County Homing Authority Land A~uisition New Develo~t, Inc. (CCI-IA Land Inc.) is a non-profit corporation under state and federal statutes that is a subsidiary of the Collier County Homing Authority, a Special Independent District of the State of Florida, enabled by Chapter 421 statutes. The purpose of this organization is to facilitate the development of affordable homing by partnering with other organizations princip~ the Collier County Homing Authority for which it provided lands for the development of affordable housing. CCHA Land Inc. has received donations of land in the past, which it has developed to the point of construction and sold to the Collier County Homing Authority for the cost to develop. We will be soliciting any support available, i.e., land, cash, etc., that will help its mission to provide affordable housing for low-income people in Collier County. NOV 2 8 1999 ARTICLE V. INCORPORATORS The names and residences of the subscribers t© these !articles of incorporation are as follows: Fred N. Thomas, Jr. Ernest Freeman 501 Farm Worker Village 326 South 2nd Street Immokalee, Florida 33934 Immokalee, Florida 33934 ARTICLE VI. MEMBERSHIP The authorized number, qualifications, and manner of selection of members of this corporation, the different classes ~of membership, if any, the property, voting and other classes of membership, if any, the property, voting and other rights and privileges of members, and the termination and transfer of membership shall be as set forth in the bylaws of this corporation. ARTICLE VII. MANAGEMENT OF cORPORATE AFFAIRS (a) Board of Directors. The powers of this corporation ~shall be exercised, its properties controlled, and its affairs !conducted by a board of three directors. The number of /-'- ~directors herein provided for may be changed by a bylaw duly adopted by the members entitled to vote. Directors shall be appointed in accordance with the by-laws. The names and addresses of the persons constituting the first board of directors who are to act in that capacity until the selection of their successors are: 'Fred N. Thomas, Jr., 501 Farm Worker Village, Immokalee,FL Ernest Freeman, 326 South 2nd Street, Immokalee, Florida 33934 iWilliam G. Price, Lake Trafford, Immokalee, Florida 33934 (b) Elective Officers. The officers of this corpora- ~tion shall be a president, vice president and secretary/treasurer. Other offices and officers may be iestablished or appointed by members of this corporation at any regular annual meeting. The qualifications, the time and manner of electing or appointing, the duties of, the terms of office, and the manner of removing officers shall be as set forth in the bylaws. The officers who are first to serve under the articles of incorporation are: Ernest Freeman - President Fred N. Thomas, Jr. - Secretary/Treasurer NOV z 3 1999 ARTICLE VIII. LOCATION OF REGISTERED OFFICE; IDENTIFICATION OF REGISTERED AGENT (a) The address of this corporation's initial registered office in the State of Florida is: 501 Farm Worker Village, Immokalee, Florida 33934. (b) The name of this corporation's initial registered agent at the above address is: Fred N. Thomas, Jr. ARTICLE IX. BYLAWS Bylaws will be hereinafter adopted at the first meeting of the board of directors. Such bylaws may be amended or repealed, in whole or in part, by the members or by the directors in the manner provided therein. Any amendments to the bylaws shall be binding on all members of this corporation. ARTICLE X. AMENDMENT TO ARTICLES Amendments to these articles of incorporation may be proposed by a resolution adopted by the board of directors and presented to a quorum of members for their vote. Amendments may be adopted by a vote of at least two-thirds of a quorum of members of the corporation. ARTICLE XI. DISSOLUTION This corporation shall be dissolved and its affairs wound up by a two-thirds vote of the corporation's voting members. In the event of dissolution, property of the corporation shall be distributed as follows: all property shall be transferred to the Collier County Housing Authority of Collier County, Florida. The undersigned constituting the subscribers of this corporation, for the purpose of forming this corporation not for profit under the laws of the State of Flmrida, ha~ted these articles of incorporation this ~/m day of~ , 1990. ~ / ERNEST FREEMAN NOV g $1999 !iSTATE OF FLORIDA ) ) ss COUNTY OF COLLIER) I HEREBY CERTIFY that before me the undersigned authority, duly authorized to take acknowledgments and ~administer oaths personally appeared FRED N. THOMAS, JR., who is known to me to be the person who made and subscribed to the foregoing Articles of Incorporation, and certifies and acknowledges that he made and executed said certificate for the use and purposes therein expressed. ~ l WITNESS my hand and official seal this ~/ day of ' !STATE OF FLORIDA ) ) ss iCOUNTY OF COLLIER) I HEREBY CERTIFY that before me the undersigned 'authority, duly authorized to take acknowledgments and administer oaths personally appeared ERNEST FREEMAN, who is known to me to be the person who made and subscribed to the foregoing Articles of Incorporation, and certifies and acknowledges that he made and executed said certificate for the use and purposes therein expressed. ~ ~W~TNESS my hand and official seal this ~'~-day of {/ ' . . / _ My Commission Expiz~s: AGEI~A NOV 2 3 1999 PCl..~--..~..,.,,~ INTERNAL REVENUE SERVICE DISTRICT DIRECTOR C - 1130 ATLANTA, GA 30301 DEPARTMENT OF THE TREASURY i..:"?ii'] A[i;~;Li]]':? TION N, EN OEVELOF'MENT Z ?..i .".]. ~'.., .. ! F(:i-.j,; !~iC.,F:u,' .... ::~., ...,;[I.... AGE Li-'<'i";OI</~L.2E', !:'i Employer !dent ifi..":ati,:m N,,.-:mher: ~5-023~:5i6 C,:,r,~ac~ Person: STEPHDN I',i:; HOUSTON Contact Telephone Nurn~,;.r; (404) 331-0:[69 Accounti:~g F'eri,-d End~v~.,._~ September 30 F,:,unda'tion S'ga'bus Cla.~' 509 (a) (1) Advance Ru~ du;~e ~..,:~ i990 Advance Rul September 30,~ ~"'"" Addendum APl}lies: ~:'. ..... r .:., ;~'/',::,rma'bic, n ?,1,~ ~ul:~pt ~:'~,d~ and assu. m~r~,.'.:} y,:,u.r' ,:,p,',rati,:,n~ Hill i:,,.~. ': :,.:.~,.': ,.,_ :" .~pi::, t icati,"m, for rec,:,gn iti::,r,. ,:,f exem!:,t i,:,i~,,. . . . ~.,,e have 'lete. rr~';i~'l,~-,! v,,",u.... ?~x~::.ui;~.:':''; :,m Feder'a I i ncc, me bax under sect ion 5(:)1 (a) ,::,f ~l-u..~ .T.n ?err,~'.. i F<,..~"enu,!.: ..... '.~s -~.:~.::,, 9an'::a~';i,"n described it~ ~ec~i,:,n 501(c)(3). E',~,c:~...~s=. ~,:,u are ~ ne~.-,,ly c:Y'¢:ated ,:,rganizati,:,n~ ~.',e are ~l,:,'i, .... : de'i:.~:~."i~J~'~a'bJ,:,l~ c,f your fc, u~dat:J,:,~ status under secti,:,~ 509(a) ,:,f the · '.e-,..er"., '..e [~a,.,'e determined that y,-,u, can reas,:,nabiu..., expect ~,::, be a publicly :: .~ :':ort~d or,~.n~ilzati,:,n described in sec'ti,:,n~ 50E(a) (1) and A::,rc, l-di,g!y~ :']~xring an advance ruling period you '.-~ili be: 'bre.~,ted as e with~,', <:;0 days after the and ,:,f your advance rul i~ig peri,:,o~ y,:,u must :~=,,::~ ,.z~ '.:he ;'~'~'[,.:,rmati,:,n needed t,:, determine whether you have met the require- ".<-~'~:~ ,':f th,~> applic.~ble support test during the advance ruli~g peric, d. if y,:,u ~:.~'~L. abl isn i:n: C y,:,u have been a publ lcly supported ,:,rganizati,:,~'~,~ we ~..~i I i '' ~"~ (2 ~;.:. meet '~:he ;.-equireme~ ,:,f the applicable supp,:,r'~ ~e~'b. If you do · hhc. aLd:~ ~ .... :. ~Op,:,x'!- requiremen~ during the ~dva~ce ru~ ing period, ~.~e ,.~ili <::-.:usi~:'y you :~s a private f,:,und~ti,:,n for future pei."i,:,d~. ~17.,:,~ i'l' we cias~'ify ,','~u a~ ~ prJ:...a~;e i',:,unda~i,:,n~ we ~.~itl treat you a~ c: private [ou~da~i,':m from .~.:-:.,~ ,.,~9~r,'n[ug data f',xr pur'p,:,~e~ of sec~i,:n 507(d) and G r' '-'. n .".: ,::, r -.:. a n d c ,::, n t r i b u 'b o r s m a y r e I ? o n ,:, u r d e t.':~ r m i n a t i ,:, r~ t h a t y,.-., u [:,riv~te ~:,.:,u?.,i.~t.i,:,n until 90 days aftc~r the end ,:,'f your adva;~ce r"',.'.l ]:t ..ou :{er:O us +l",e requi;-ed information ~.-.,ithin the 90 days, grantors ::<','~';.:ri[,x'..':,:,r..-... maw ccmtlque t,:, rely o~ the advance d(..terminati,::,~ u. otil p e r' nd "* 1999 __,,g.. /0 .. COI].IER COUNTY HOUSING AUTHOR!T¥S a f~nei determinati',li of ye, ur f,::,undati:,n status. If :-~e puOi ish a notice in the Insernal Revenue E:ul ietin stating +;hat ;.~e Hill n,:, l,::,ngcr treat you as a pubi icly supported ,:,rgan~zati,:,n~ grantc, rs and ccmtribu~-,rs may T~,:,t rely ,':,n this determination after the date. we publ ish n,:,t;ce. ~.m, .:'~ddit~,:,n~ if you lose your status as a oubllcly ~upp,?rted organi-. zatio~, and .:': grant,:,r or c,:,ntribut,:,r ~.~as resp,:,nsible f,:,r, c,r ~.~as a~.~are ,:,f, the act or 'fai lure to act~ that resulted in y,:,ur loss <f s~ch stratums, that: p~:,r'son may not rely ,:m this determination from the date ,:,f the act ,:,r failure to Also, if a grantor ,:,r ccmtribut,:,~ le,~,r~ed that [.~e hmo given m:,tice that you wou!d be removed from classification as a p~blicly suppc, rted ,:,rga~izati,:,~, then that pers',n may not rely ,:m this determinati,:m ms of the date. he ,::,r she acclu~r',~d sucl~ kn,:,~.~ledge. If you ..:hange y,:,,~r sources ,::,f support, your purposes, character, or mc:'b, hod of .:,per.,~ti,:,n~ please let us k~,:,~..' so ;-~e can consider the effect ,:,f the cha~'~!.je ,:,~ your' ex:?mpt status and fou~d~ti,:,n status. If you ~mend y,:,ur orga'r, izatior~al d,:,,: umen !; ,:,r bylaws, please send us a copy of the amended d,:,cumenb ,ar bylaws. Als,:,, !et us know all changes in your name or address. As ,:,f January I, 1984, you are liable for social securitie~ taxes u~der the Feo~.ral Insurance Cc, ntributions Act on amounts ,:,f $100 or m,::,re you pay t,:, each ,:,f your employees during a calendar year. You are not liable for the tax imp,:,sed under the Federal U~empl,:,yment Tax Act (FUIA). OrgaT~izati,:,ns 'bhat are not private foundations are not subject to the pr{ .... vabe f,:,u~dati,:,n excise tax;~s under Chapter 42 c,f the Internal Revenue C,:,de. H,:,~.~ever~ you are n,:,t automatically exempt from other federal excise taxes. you have any questions about excise, employment, ,:,r other federal taxes, ple.a.~e le~ us knoll. [I,::,Tlors may deduct contributions to you as pr,:,vided in secti,:m 170 ,:,f 'the Internal Revenue Code. Bequests, legacies, devises, transfers, c,r gifts to yc, u or f,:.r your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, a~d 2522 of the Code. Donors may deduct contributions to you only to the extent that their o:,ntributions are gifts, with nc, consideration received. Ticket purchases a~d similar payments in conjunction with fu~draising events may nob necessarily qualify as d~s. ductible o:,ntributions, dependimg o~ the circumstances. Revenue Ruling 67.-.246~ published in Cumulative Bulletin 1~67-2, ,)n page 104, gives. guidelines regarding ~.~hen taxpayers may deduct payments for admissio~ t,:,, or other participation i~, fundraising activities for charity. Y,:,u are n:,t required t,:, file Form 990, Return of Or'gani;-:ati,:,~l Exempt F'r,:,m Inc:ome Tax, i'f y,:,~r gross receipts each year are normally $25,0,30 ,:,r !ess. If you receive a Fc, rm 990 package in th(:, mail, simply attach the label pr,:,vided~ check the b':,x in the heading to indicate that your a~nual gr,::,s~ r'eceip~q n,:,rmalt~. $~..,.,000 :,r less, and sign the return. Letter i045<D0/C8~ NOV S S 1999 .. // COt.L.]]E!;; COUN[Y HOUS]iNG AUTHORII'YS ~[~: you ?r~,., required to file a r~,-tur'n you must file it b,., the 15th th~: fit"th ~,::m'~h ~fter the end of your annual accou','~ting pe~i,.:,d. Ne cha~'ge oenalty ,::,f $i0 a day Hhe~. a ret~l-n i'.."-: fi led late, ur, les-.:; thei-,.? is caose for tr,.., de!ay. H,:,Hever, the ~',':~:,,'i~',~ penalty He charge car~n,.'.,t exceecl $5.~00o :,r L=, percer~t ,.:,f your gross receipts for the year'.~ Hhichever is ,~...':',y ai~,:, ch:.,.~'g~: this penalty if ~ return is not c,:,mple'b~'.?. S,::,.~ please be sure y,:,v.~- r"e~;~irn is ~_c, mplete before you file it. ¥~.~, are o,:,t required to file federal incc,,~e 'tax' rebur;~s unie.:~;s you subjec:'~:. 't,::, the tax ,::,n unrelated business income under' secti,:,n 511 of i;he (;,:,ds:. If you .~r'~: su!]ject to this tax, you n~ust file a~ income tax r'etur'n ,:,n F,:,r'r~ ';?'..'.:,-T., E:xm~p!; Organization Business I~c,:,me Tax Return. I. this letter' He are n,:,~': d,.~.'t;:.r"~;ining Hhether any of your' 9resent c,r' pr,:,p,:,sed activitie.:: are ~:~ised t".~ade ,::,r business as defined in secti,:m 513 c,f the C,:,d~:~.,., ne~,:': an employer' identification number even if you have no empic, yees. ei~'d:~!c,,v,.?r id,:.ntificmti,:,n number Has not en'te~ed on you~ appl icat~,::,n, ~.~e · .~ number to you and advise you of it. F'lease usc that numbm~' on you 'f~ le and in all coKrespondence Hith the Intei~nml Reve¥,ue ]~.~' .....'e s;i~id in the heading of this ietter that ~dde~,:tlun'~ :~ncl,:,sed s a;~ integral part of this letter. F;e,li,~use this et'ret could he]p us resolve any ques'Licms abou. t ye, ur · s!:.~',t, us ..~nd 'f,::,unda~, ,::,~ status, you sh,:,uld keep it in your perll~anen'b rec'ords., We h.;ve sent acc, py c,f thi..:, letter to your representative as indicated you. r-pc,;.,,e[~ o'i' ~ttorney. If 7ou i~ave any questions, please contact the person Hh,:,se name and ;elephc, ne number are sh,:,~.m in the he,~ding of this lettei-. Sincerely yours, Paul Nilliams District D irectc, r Addend Fo t-n~ ,:,7,::.-"C t~ / ~. Letter' 1.045 .E ], Co) NO. ~ NOV g 3 1999 COLLIER COUNTY HOUSING AUTHORITYS If your c, rga~',ization conducts fund-raising events such as benefit auctions, meli~bership drives, etc., ~.~here something of value is received i~; return for c(i~ntributions, you can help your donors avoid difficulties.;. ~.~ith their i~c,:,me tax returns by assisting them in determining -the proper tax treatment of their contributions. To d,:, this you shou;d, i;~ advance of the event, detel.-0~ine the fair market va;ue of the benefit received and state in you~" fund-raising materials such as solicitations, tickets, and rec~:ipts in such a ~.~a? that 'your donors can determine hc,~.~ ~uch is deductible a~d hc,~-~ much is r,,:,t. T,:, assist you in this, the Service has issued Pub;ication 1371, Oeductibi l ity c,f Payments ~ade to Charities Conducting Fund-Raising Events. You may obtain copies of Publicatio~ 13~1 from your local IRS Office. Guideli:~es for deductible amounts are a~so set forth in Reve~ue Ruling 1~:(~7-2 C.B. !04 and Reveaue Procedure ~0-12, 1~90-1 C.8. 471. Letter 1045 (DO/CG) 8 7 2-C (Revised 9-90) ~..--..Depa~ment of the Treasury 'ternal Revenue Service Consent Fixing Period of Limitation Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code (See instructions on reverse side.) OMB No, 1545-0056 To be used with Form 1023. Submit In duplicate. Under section 6501(c)(4) of the Internal organization named below be treated as a 509(a)(2) during an advance, ru?g period, .......................... ~', '~' 7 '~, , , Revenue Code, and as part of a request filed with Form 1023 that the publicly supported organization under section 170(b)(1)(A)(vi) or section and the District Director of Internal Revenue, or Assistant Commissioner (Employee Plans and Exempt Organizations) Consent and agree that the period for assessing tax (impesed under section ~4940 of the Code) for a~y cf the 5 tax years in the advance ruling period will extend 8 years, 4 months, and 15 days beyond the end of the first tax year. However, if a notice of deficiency in tax for any of these years is sent to the organization before the period expires, the time for making an assessment will be. further extended by the number of days the assessment is prohibited, plus 60 days. Ending date of first tax year (Month, day, and year) Name of organization (as shown in organizing document) Signature ~ ~ ~~' ~~/ I District Dirp~,tor or Assistant Commissioner (Employee Plans and Exempt Organizations) ~ Date ! AGENDA ITEM For PaPerWork Reduction A;t Notice, see ~'age 1~ or'he Form ]023 ~/structlons. (-'/ ~/ ! (~ Nov g 3 1999 Department of the Treasury · Internal Revenue Service Notice 835 (January 1988) Major New Tax Law Changes Affecting Exempt Organizations Legislation signed into law by the President on December 22, 1987, contains a number of significant provisions affecting tax-exempt organizations described in section 501(c)of the Internal Revenue Code. These provisions include new public disclosure requirements imposed on the organizations, penalties for not complying with the new requirements, and taxes on political expenditures and lobbying beyond allowable amounts by certain types of exempt organizations. Some of these provisions were effective on the date of enactment or the day following, and some become effective January 21 or February 1, 1988. Exempt organizations need to familiarize themselves with these tax law changes in order to bring themselves into compliance. This Notice attempts to alert you to the major new provisions affecting tax-exempt organizations. In some cases, the new law requires important changes in how you conduct certain activities, such as when a noncharitable organization solicits contributions. In other instances, the new law will require changes in how you maintain accounting and other types of records, such as when a charitable organization has certain types of transactions or relationships with noncharitable organizations. Set forth below are brief descriptions of the new law's key provisions. The Service plans to provide further guidance in the near future. Public Disclosure Requirements Solicitations of Nondeductible Contributions.--Beginning February 1, 1988, any fundraising solicitation by or on behalf of any section 501(c) organization that is not eligible to receive contributions deductible as charitable contributions for Federal income tax purposes must include an express statement that contributions or gifts to it are not deductible as charitable contributions. The statement must be in a conspicuous and easily recognizable format whether the solicitation is made in written or printed form, by television or radio, or by telephone. However, this provision applies only to those organizations whose annual [ross receipts are normally more than 100,000 Religious and apostolic organizations described in section 501(d), as well as political organizations (including PACs) described in section 527(e), are also required to comply with this provision. Failure to disclose that contributions are not deductible could result in a penalty of $1,000 for each day on which a failure occurs, up to a maximum amount upon any organization of $10,O00. In cases where the failure to make the disclosure is due to intentional disregard of the law, the $10,000 limitation does not apply and more severe penalties are applicable. No penalty will be imposed if the failure is due to reasonable cause. Public Inspection of Annual Returns.- Any organization that files a Form 990, Return of Organization Exempt From Income Tax, for a tax year beginning after 1986 must make its return available for public inspection upon request within the 3-year period beginning with the due date of the return (including extensions, if any). All parts of the return and all required schedules and attachments other than the list of contributors to the organization must be made available. Inspection must be permitted during regular business hours at the organization's principal office and at each of its regional or district offices having 3 or more employees. This provision applies to any organization that files a Form 990, regardless of the size of the organization and whether or not it has any paid employees. Any parson who does not comply with the public inspection requirement may be assessed a penalty of $10 for each day that inspection was not permitted, up to a maximum of $5,000 with respect to any one return. Any person who willfully fails to comply may be subject to an additional penalty of $1,000. No penalty will be imposed if the failure is due to reasonable cause. Public Inspection of Exemption Applications.--Beginning January 21, 1988, any section 501(c) or 501(d) organization that submitted an application for recognition of exemption (including Forms 1023 and 1024) to the Internal Revenue Service after July 15, 1987, must make available for public inspection a copy of its application (together with a copy of any papers submitted in support of its application) and any letter or other document issued by the Service in response to the application. An organization that submitted its exemption application on or before July 15, 1987, must also comply with this requirement if it had a copy of its application on July 15, 1987. As in the case of annual returns, the copy of the application and related documents must be made available for inspection during regular business hours at the organization's principal office and at each of its regional or district offices having at least 3 employees. The penalties for failure to comply with this provision are the same as those discussed in 'Public Inspection of Annual Returns" above, except that the $5,000 limitation does not apply. No penalty will be imposed if the failure is due to reasonable cause. Both exempt organization returns and approved exempl continue to be av ~ilable inspection at IRS Jistrict offices and at the IRS National Offi, · in Washington, D.C. NOV g 3 1999 Disclosures Regarding Certain Information and Services Furnished.--A section 501(c) organization that offers to sell (or solicits money for) specific information or a routine service to any individual which could be readily obtained by that individual from ~n agency of the Federal Government free of charge or for a nominal charge must disclose that fact in a conspicuous manner when making any such offer or solicitation after January 31, 1988. Any organization that intentionally disregards this requiremerit will be subject -to a penalty foreach day on which the offers or solicitations were made. The penalty imposed for a particular day is the greater of $1,O(X) or 50 percent of the aggregate cost of the offers and solicitations made on that day which lacked the required disclosure. Disclosures Regarding Certain Tranuctions and Relationships.-- In their annual returns on Form 990 or 990*PF for years beginning after 1987, section 501(cX3) organizations must disclose information with respect to their direct or indirect transfers to, and other direct or indirect relationships with, other organizations described in section 501(c) (not including other section 501(c)(3) organizations) or in section 527, relating to political organizations. The purpose of this provision is to help prevent the diversion or expenditure of a section 501(cX3) organization's funds for purposes not intended by section 501(cX3) of the Code. Forms 990 and 990-PF for 1988 will require this additional information. All section 501(cX3) organizations are now obliged to begin maintaining records regarding all such transfers, transactions, and relationships. Political and Legislative Activities Political Activities by Section 501(c)(3) Organizations.~Section 501(cX3) has been clarified so that it now explicitly bars not only activities and expenditures 'in support of' any candidate for public office, but also activities and expenditures 'in opposition to' any such candidate. Other sections allowing a charitable contribution deduction for Federal income, estate, and -gift tax purposes have been amended in an identical fashion. These amendments took effect on December 23, 1987. Another amendment taking effect on the same date precludes qualification under section 501(cX4) for any organization that lost its section 501(cX3) status because of its intervention in a political campaign. This ensures that such an organization would be subject to Federal income tax for at least one year before its tax-exempt status under section 501~(cX3)could be reinstated. Prior to this amendment, section 504 of the Code barred section 501(cX4) qualification only for those organizations that lost their section 501(c)(3) status because of substantial lobbying activities. Tax on Political Expenditures by Section 501(c)(3) Organizations.--For taxable years beginning after December 22, 1987, an initial excise tax under new section 4955 is imposed on any amount paid or incurred by a section 501(cX3) organization in connection with any intervention in a political campaign on behalf of, or in opposition to, any candidate for public Florida Department of Agriculture & Consumer Services BOB CRAWFORD, Commissioner June 4, 1993 Please Respond To: Divisio~ of Comumer Services Second Floor, Mayo Bul]a;-~o T~noh~, FL 32399-0800 1-gOO-HELP FLA Mr. Fred N. Thomas Collier County Housing Authority & Land Acquisition New Development, Inc. 1800 Farm Worker Way Immokalee, Florida 33934 Subject: Collier County Housing Authority & Land Acuquisition New Development, Inc. File Number: SC-02392 Renewal of this filing is due on or before= June 1,1994 Dear Mr. Thomas: The Division of Consumer Services has received a sworn affidavit for exemption for the above-named charitable organization/sponsor. Based on the information which you have furnished this office, we have determined that you are not currently subject to the provisions of Section 496.405, Florida Statutes, Solicitation of Contributions Act because= 1. ( ) the organization/sponsor is soliciting contributions on behalf of a named individual and all the contributions collected, without deductions, are turned over to the beneficiary for his use and the contributions are deposited in a trust account or a depository as set forth in s.496.413, F.S. 2. ( ) the organization/sponsor limits its solicitations to the membership of the charitable organization/sponsor. Membership does not pertain to those persons granted a membership upon making a contribution as a result of a solicitation. 3. (xx) that amount shall file a registration statement with the pursuant to s. 496.405, F.S., within 30 days after contri are received in excess of that amount. the charitable organization's/sponsor's fundraising activities are conducted by volunteers, members, officers or permanent employees who are not compensated primarily to solicit contributions and which do not raise or receive contributions from the public in excess of $25,000 during the preceding fiscal year and no part of the assets or income inures to the benefit or is paid to any solicitor or commercial co-venturer. Charitable organizations or sponsors which do not intend to solicit and receive contributions in excess of $25,000, but do receive contributions in excess of · A EN IT Should the facts or circumstances change so as to alter the bas. the exemption, you must immediately notify the Division of such chan~ THE CAPITOL · TALLAHASSEE, FL 32399-0800 .s ~O~.V g 8 ]999 /%, Mr. Fred N. Thomas June 4, 1993 Page Two All exempt charitable organizations and sponsors must, prior to the first solicitation of each fiscal year, annually submit an affidavit for exemption to the Division. Thank you for your cooperation and if you should have any questions, please contact us. Sincerely, BOB CRAWFORD COMMISSIONER OF AGRICULTURE Laurence A. Tromly Senior Consumer Complaint Analyst 904-488-2221/1-800-435-7352 (Florida Only) BC/tk Enclosure 1999 EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, SUPPORTING THE INCLUSION OF IMMOKALEE AS PART OF A RURAL AREA OF CRITICAL ECONOMIC CONCERN UNDER THE FLORIDA RURAL ECONOMIC DEVELOPMENT INITIATIVE. OBJECTIVE: Approval of a Resolution which would support the inclusion of Immokalee, along with Hendry and Glades CoUnties, as a Rural Area of Critical Concern as defined by the Governor's Office of Tourism, Trade and Economic Development. CONSIDERATIONS: In the 1999 Legislative session, legislation was passed that would designate three rural areas in Florida as Areas of Critical Economic Concern. These designated areas will be given priority by the Governor's Rural Economic Development Initiative (REDI) whereby certain criteria and/or requirements may not have to be met for any economic development incentive programs. The Southwest Florida Regional Planning Council (RPC) is preparing an application to designate Immokalee, along with Glades and Hendry Counties, to become one of these designated areas. FISCAL IMPACT: There are no costs to the County associated with this designation. GROVVTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an Economic Development Element. However, the Board of County Commissioners has identified economic diversification as a Strategic Goal, which will serve to strengthen the economic viability of Collier County and especially the Immokalee community. RECOMMENDATIONS: To support the inclusion of Immokalee as a Rural Area of Critical Economic Cqncern and authorize the Chairwoman to sign the attached Resolution. ! Helene Caseltine, ' Date Economic Development Mgr. REVIEWED BY:~Y~''- Greg?~4ihalic, DirectOr HousiNg.and Urban Improvement APPROVED BY: ' Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Services Date NOV 2 3 1999 RESOLUTION 99- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SUPPORTING THE INCLUSION OF IMMOKALEE AS PART OF AN AREA DESIGNATED AS A FLORIDA RURAL AREA OF CRITICAL ECONOMIC CONCERN; IN ACCORDANCE WITH THE FLORIDA RURAL ECONOMIC DEVELOPMENT INITIATIVE (REDI). WHEREAS, the State of Florida created the Rural Economic Development Initiative, known as "REDI", within the Governor's Office of Tourism, Trade, and Economic Development; Wt~EREAS, the Board of County Commissioners recognizes the importance of private investment into distressed areas to create economic opportunities and sustainable economic development; WHEREAS, the Board of County Commissioners also recognizes that the State of Florida has developed a program to designate up to three rural areas of critical concern; WHEREAS, the Immokalee community meets certain criteria as a rural community with its designation as a Federal Enterprise Community; WHEREAS, the Immokalee community has been adversely affected and continues to suffer extraordinary economic distress due to the passage of the North American Free Trade Agreement; WHFREAS, the Southwest Florida Regional Planning Council will make application to REDI on behalf of the Immokalee community, along with the codntit;S O1' He:~ry and Glades. for desig'~ation as a Rural Area of Critical Economic Concern. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Immokalee community be included as part of an area, along with Hendry and Glades Counties, designated as a Rural Area of Critical Economic Concern as defined by REDI. This Resolution adopted after motion, second and majority vote favoring same, PaGE 1 .? DATED: ATTEST: DWIGHT E. BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Clerk Pamela S. Mac'Kie, Chairwoman Date: APPROVED AS TO FORM AND LEGALSUFFICIENCY: Heidi F. Ashton Assistant County Attomey PAGE NOV EXECUTIVE SUMMARY APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A ONE MILLION EIGHTY-FIVE THOUSAND ($1,085,000) DOLLAR LOAN TO HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners approve the Mortgage and Promissory Note for a loan to Habitat for Humanity of Collier County, Inc. CONSIDERATION: The Collier County Department of Housing & Urban Improvement has set aside $1,085,000 from the State Housing Initiative Partnership (SHIP) funds for a zero interest loan to Habitat for Humanity of Collier County, Inc. This zero interest loan is provided for by the Land Acquisition/ Transfer With New Construction strategy approved by the Board of County Commissioners in the three-year SHIP Housing Assistance Plan on September 1, 1998. FISCAL IMPACT: Approval of this Mortgage and Note will grant a $1,085,000 loan to Habitat for Humanity of Collier County, Inc. from the Affordable Housing Trust Fund. The loan shall be repaid over seven years in $5,000 increments as each new home is completed. Total payments shall be $1,085,000.00 due by November 23, 2006. Recording costs will be paid to the Clerk of Courts from the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Mortgage and Promissory Note. SUBMITTED BY: ~~,,~(,~-~ Date: Cormac J. Giblin, Manager Department of Housing and Urban Improvement RE VIE WE DB Y.'~~~~~---~-~ D ate: GregfiglJhalic, Director ~De~p~ent of Housing and/~an Improvement APPROVED BY: ',~' ~'F~~ Date: vincent A. Ca~tero, A~-CP, AdminiStrator Community Development and Environmental Services NOV 2 3 1999 / MORTGAGE Security Instrument THIS SECURITY INSTRUMENT is given on November 23, 1999, The Borrower is: Habitat for Humanity of Collier County, Inc. ("Borrower")~ This Security Instrument is given to Collier County ("Lender"}, which is organized and existing under the laws of the United States of America, and whose addresa is 2800 North Horseshoe Drive, Na~31es, Florida 34014 . Borrower owes Lender the sum of One Million Eighty-five Thou,~and Dollars (U.S.$ 1,085,000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument which provides for monthly payments, with the full debt, if not paid eadier, due and payable on November 23, 2006. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described in Attachment A. (Legal Descriptions) and which has the address of: ("Property Address"): Victoria Falls PUD & Carson Lakes PUD TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, minerel, oil and gas rights and profits, water dghts and stock and all fixtures now or hereafter a part of the properly All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property", BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) ali taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3)all assessments or other governmental charges that may tawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay ali taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Secudty Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments, Borrower shalt promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees m writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends againsl enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significently affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priodty over this Secudty Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 6. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or pdor to an inspection specifying reasonable cause for the inspection. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is lest than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing ~ unless applicable law other'wise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due Unless Lender and Borrower otherwise agree in writing, any application of procee to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. NOV 2 3 1999 8. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Secudty Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Secudty Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 11. Notices. Any notice to Borrower provided for in this Secudty Instrument shall be given by delivenng it or by mailing it by first class mail unless applicable law required use of another method The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severabitity. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Secunty Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting prowsion, To this end the provisions of this Security Instrument and the Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior wdtten consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument If Lender exercised this option, Lender shall give Borrower notice of acoeteration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Secudty Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 17. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection 18. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence 19. Release. Upon payment of all sums secured by this Security instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. AGEND&i~' .o. ]u()', '~ ,- NOV g 3 1999 20. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it Signed, sealed and delivered in the presence of: Witness#I: (.~/T~,~'~ ~,~L.~..~, Habitat for Humani~f c.c,,~/~, Inc. Borro~e~': Samue! ,~D'umo M.D., ~resident Address: 11550 Tam/ami Trail East Naples, Florida 34113 STATE OF__Florida COUNTY OF I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Samuel J. Durso M.D. to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/.sh,,c/ths-y.).executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this ./'&? day of_~(=~z~__, 19 N o~lic's Signature ,~ (Seal) ~ ~ ~ ~ ~ Nota~'~ Printed Name AGEI~DA NOV g 3 1999 Pg. Attachment A, Legal Descriptions: Victoria Falls PUD- LEGAL DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 856, PAGE 417 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A PARCEL OF LAND LYING WITHIN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF SAID SECTION 33, BEAR NORTH 89°53 '49" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION A DISTANCE OF 906.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89059'22'' WEST ALONG SAID SECTION LINE A DISTANCE OF 1720.16 FEET. TO THE SOUTHWESTERLY CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89°59'22'' WEST ALONG SAID SECTION LINE A DISTANCE OF 94.58 FEET TO THE EASTERLY RIGHT--OF--WAY LINE OF BAREFOOT WILLIAMS ROAD. HAVING A 60 FOOT RIGHT--OF--WAY AS IT PRESENTLY EXISTS; THENCE NORTH 9o03'22'' WEST ALONG SAID EASTERLY RIGHT--OF--WAY LINE A DISTANCE OF 158.9l FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 760 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°28'0T', A DISTANCE OF 377.62 FEET TO THE SOUTHEASTERLY RIGHT--OF--WANY LINE OF A PROPOSED 60 FEET WIDE ROAD, AND TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 52028'31 .... EAST ALONG SAID SOUTHEASTERLY RIGHT--OF--WAY LINE A DISTANCE OF 207.99 FEET TO A POINI OF -.CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1030.00 FEET. THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE THROUGH A CENTRAL ANGLE OF 16°53'32" A DISTANCE OF 303.67 FEET IO A POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 35o34'59'' EAST, A DISTANCE OF 248.79 FEET; THENCE SOUTH 54°25'01" EAST, PARALLEL WITH AND 400 FEET FROM THE SOUTHEASTERLY RIGHT--OF--WAY LINE OF U.S. 41 AS IT PRESENILY EXISTS, AND A DISTANCE OF 1804.32 FEET TO THE POINT OF BEGINNING. CONTAINING 25.41 ACRES, MORE OR LESS. BEARINGS AS MENTIONED HEREIN ARE BASED ON THE BOUNDARY MAP PREPARED BY TRI--COUNTY ENGINEERING, INC., DRAWING NO. C--1439--1 AND DO NOT REFER TO TRUE MERIDIAN. Carson Lakes PUD- LEGAL DESCRIPTION NORTHWEST '/4 OF THE SOUTHEAST '/4 OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 29 EAST, CCOLLIER COUNTY, FLORIDA NOV g 3 1999 -- PROMISSORY NOTE November 23, 1999 Borrower: Habitat for HLunanity of Collier County, Inc. Victora Falls PUD & Carson Lakes PUD Naples Florida (Property Address) (City) (State) BORROWER(S) PROMISE TO PAY: I/We promise to pay One Million Eighty-five Thousand Dollars ($1,085,000.00 ) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 Horseshoe Drive North, Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. P~YM]~NTS: Principal payments shall be made of $5,000.00 for each home completed until payment in full is received by November 23, 2006. My/Our total payment shall be U.S. $1,085,000.00 . BORROWER'S RIGHT TO PREPAY : I/We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment LO/tN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then ( i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be ~de pursuant to the First Deed of Trust including all sums advanced for the purpose of {a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. ;Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of ~his Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that ( i} the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lendershall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. BORROWER(S) FAILURE TO PAY AS REQUESTED: IA) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in defau If I am in default, the Note Holder may bring about any actions not prohibited applicable law and require me/us to pay the Note Holder's cost and expenses as descri in (B) below. 1 by NOV g 3 1999 )ed 10. 11. (B) Payment of Note Holder's Cost and Expenses If the Note Holder takes such actions as described above, the Note Molder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. GIVING OF NOTICES : Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. Habitat for Humanity of Collier County, Inc. ======================== ..... ======================================================= RETUP-N TO: Collier County Housing & Urban Improvement Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (941) 403-2330 Fax: (941} 403-2331 No. i,O,~,,3 L, NOV Z 3 1999 Pg. ~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK TOWNCENTER", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMAI~CE SECURITY OBJECTIVE: To approve for recording the final plat of "Island Walk Towncenter", a subdivision of lands located in Section 33, 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 "Island Walk Towncenter". 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 "Island Walk Towncenter" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,024,508.80 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving~ G.~adSng - $364,862.25 -- $659,646.55 The Security' amount, equal to 110% of the project cost, is $1,126,959.68 Executive Summary Island Walk Towncenter 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: $19,040.23 Fees are based on a construction estimate of $1,024,508.80and were paid in September, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 529.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1824.31 Drainage, Paving, Grading (.425% const, est.)-$2803.50 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $5472.93 Drainage, - $8410.49 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 "Island Walk Towncenter" for recording with the following stipulations: Approve the amount of $1,126,959.68 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and AGENDA IT~ No. L. / NOV 2 3 1999 Executive Summary Island Walk Towncenter Page 3 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. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R~be~t Mulhere, AICP Planning Sera, ices Department Director / Vincen't A CSutero, AICP, Administrator Community Development & Environmental Services =~.~,~n~_~ Dev. and Environmental Svcs DIVISION j rh Date Date Date Date NOV 2 3 1999 ,.~,. ) / ,~. " COUNTY ~O 8~6 · 50-482,26 ~[ 29-48-26 .. ...... ~ ' = ~ANOERSILT ~CH ROAD 05-49-26 LOCATION MAP DESCRIPTION OF LANDS PLATTED I I a~dIN III NOV ~ .8 1999 EXECUTIVE SUMMARY A BUDGET AMENDMENT FOR TIlE PROVISION OF TRANSPORTATION DISADVANTAGED SERVICES. Objective: Approval ora budget amendment for the provision of Transportation Disadvantaged services. Considerations: On May 25, 1999 the Board of County Commissioners amended the 1998-99 budget for Transportation Disadvantaged services to cover anticipated expenses in the transportation disadvantaged program to the end of June 30, 1999. A budget amendment is necessary to cover expenses from July 1, 1999 through September 30, 1999. Funds in the amount of $67,000 are needed from the General Fund (001) to meet the total expenses for the provision of Transportation Disadvantaged Services. Fiscal Impact:. This would impact the General Fund by $67,000. Growth Management Impact: None. Recommendations: Staff recommends that the Board of County Commissioners approve a budget amendment to transfer of $ 67,000 from the General Fund (001) to the MPO Fund (126) [138330-634999-0]. · - Prepared by': ]:1~::. Savage, AICP, Project~anager for Collier County TD and Transit Services Reviewed by: Gavin Jones, P.E., ~ranspo~ation Pla~ing Manager Date: /"7/5//?/4 - ) t. '._ - ................ Re, c',~ cd bx,,': :__ ~ ............ ' --l~c~bert Mulhere, AICP, Planning Services Director · / Approxed by' '/ : ":~/ ~' ~-',~': Vincent A. Cautero, AICP, Community Development & Environmental Services Administrator EXECUTIVE SUMMARY REQUEST THE BOARD SET A PUBLIC HEARING DATE FOR JANUARY 25, 2000, FOR CONSIDERATION OF A PROPOSED DEVELOPMENT ORDER AND ORDINANCE FOR A DEVELOPMENT OF REGIONAL IMPACT AND PUD REZONING FOR PETITIONS DRI-99-02 AND PUD-99-08. OBJECTIVE: To set a public hearing date for the Board of County Commissioners to consider Petitions DRI-99-02 and PUD-99-08, Ronto Livingston. CONSIDERATIONS: By communication dated October 1st, 1999, Collier County was advised by the Southwest Florida Regional Planning Council that the Application for Development Approval (ADA) for the Ronto Livingston Development of Regional Impact (DRI) had been determined sufficient. The purpose of this request is to set a public hearing date for the Board of County Commissioners to consider Petitions DRI-99-02 and PUD-99-08. Compliance with Chapter 380.06(1), Florida Statutes, requires that the local govenm~ent give notice and hold a public hearing on the DRI application in the same manner as for a rezoning as provided ander the appropriate special or local law or ordinance. The public hearing notice is required to be published at least sixty (60) days in advm~ce of the hearing. Staff requests the public hearing date be set for January 25, 2000. FISCAL IMPACT: Not applicable. GROWTH MANAGEMENT IMPACT: Not applicable. STAFF RECOMMENDATION: Tha! the Board set a public hearing date for January 25, 2000, for consideration of a proposed de'~,c!opment orde~ and ordinance for a Development of Regional hnpac~ and P~_JD rc×oning lb~ Petitions DRI-99-02 and PUD-99-08. NOV 2 3 1999 DATE REVIEWED BY: ROi~z~3 J. ~WL~E~, A~CP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APyROVED BY: /" -- ' ,' 4 ~- -.'.-: vINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE gtadmin,'DRI-99-02/RFN/im ~GENDA IT~J'~ . ~0~/2 3 1999 P~,.~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development of Regional Impact pursuant to Section 380.06, Florida Statutes, from Karen Bishop, representing Ronto Livingston, Inc.. Approval of this application will result in the following development proposal: A Planned Unit Development consisting of mixed residential land uses within a golf course/open space environment, occupying a total land area of 463 acres, referred to as the Ronto Livingston DRI. The Ronto Livingston DRI is located west of 1-75 one mile south of Bonita Beach Road immediately south and contiguous the Lee County boundary line in Collier County. Information and reports on the Development of Regional Impact application may be reviewed in the Community Development Division, Development Services Building, Planning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. NOV 2 3 ,,:99 EXECUTIVE SUMMARY FINAL ACCEPTANCE OF SEWER FACILITIES FOR PORT AU PRINCE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water and sewer facilities. CONSIDERATIONS: 1) The Developer of Port Au Prince, has constructed the sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on June 4, 1998, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $714.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The sewer facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the sewer facilities will be paid by monthly user revenues. NOV 2 3 1999 Pg.__ / - Executive Summary Port Au Prince Page Two GROWTH ~L%NAGEMENT IMPACT: This project has been connected to the South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. 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 the sewer facilities for Port Au Prince, and release the UPS to the Project Engineer or the Developer's designated agent. PREPAREO~ ~Y: - ~ ...... ,: Shir%~y Ni~, E~i:~er.~ng Technician Engineer in~R~view Services II REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Da%e/ R6~re, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date Date AGENDA I'T~ NOV 2 3 T99 P~. c~ MAI~ ~j [ . OJEC-r- : 5 MA"co '"'i I SLA N D L0£,4 T I ~N OmCE Pm-ii {tm, t Offi. NAME No. ~18403 PAY TO THE ORDER OF $ fl714. 0DH "' ~, ~,m,L,O :l"' ':Or" :&OOO0L, ?': ~O ? ii E ::t &:{ - AGENDA ITEJ~ NOV 2 3 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners Trans Number t Date I Post Date ~ Payment Slip Nbr I 76821 1 6/2/98 9:44:14 AM 1 6/2798 I MS 37508 ROOKERY BAY SERVICES, INC PORT AU PRINCE Payor · BARNE'I-r BK/ROOKERY BAY Fee Information Fee Code i Description t GL Account 12BOND t DEPOSITS-COMM DEV (CASH BOND] 67000000022011300000 Amount Waived $714.00 Total I $714.00 Payments Payment Code I Account/Check Number t Amount{ CHECK I BK CK 118403 I $714.00 ] Memo: Total Cash $0.00 Total Non-Cash $714.00, Total Paid I $714.001 CashiefllocatJon: FROLOFF_E / 1 User: NIX_S A~A ITEM EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WATERWAYS OF NAPLES, UNIT FIVE", 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 "Waterways of Naples, Unit Five", a subdivision of lands located in Section 14, Township 48 South, Range 27 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 "Waterways of Naples, Unit Five". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail 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. Engineeri~'~g Review Section recommends that the final "Waterways of Naples, Unit Five" be approved for recording. plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $779,120.41 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $361,444.50 - $417,675.91 The Security amount, equal to 110% of the project cost, is $857,032.45 NOV 3 3 1999 Pg. [ Executive Summary Waterways of Naples Unit Five 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: $7700.05 Fees are based on a construction estimate of $417,675.91 and were paid in July, 1998, and July, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac) -$ 599.56 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.)Orangetree- SN/A Drainage, Paving, Grading (.425% const, est.)-$1775.12 Construction Inspection Fee Water & Sewer (1.5% const, est.)Orangrtree- SN/A Drainage, - $5325.37 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 "Waterways of Naples Unit Five" for recording with the following stipulations: Approve the amount of $857,032.45 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. NOV 2 8 1999 Executive Summary Waterways of Naples Unit Five Page 3 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. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R~ber~ Mulhere, AICP ~ Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP~ Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date Date AGEN? I. NOV Z 3 1999 CTION }LL t4~ TOWNSHIP 48 COUNTY, FLORIDA. SOUTH PROJECT L (DCA TiON NOV 2 3 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WATERWAYS OF NAPLES, UNIT SIX", 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 "Waterways of Naples, Unit Six", a subdivision of lands located in Section 14, Township 48 South, Range 27 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 "Waterways of Naples, Unit Six" 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 "Waterways of Naples, Unit Six" be approved for recording. plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $387,277.90 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, P~vJ~q~ Grading - $174,561.50 - $282,092.40 The Security amount, equal to 110% of the project cost, is $426,005.69 The County will realize revenues as follows: Executive Summary Waterways of Naples, Unit Six Page 2 Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $5382.57 Fees are based on a construction estimate of $387,277.90 and were paid in July, 1998, and July, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 587.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MAI~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.)Orangetree- SN/A Drainage, Paving, Grading (.425% const, est.)-$1198.89 Construction Inspection Fee Water & Sewer (1.5% const, est.)Orangetree- SN/A Drainage, - $3596.68 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 "Waterways of Naples, Unit Six" for recording with the following stipulations: Approve the amount of $426,005.69 as performance security for the required improvements. o Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. AGE A NOV g .3 1999 ~xecutive Summary Waterways of Naples Unit Six Page 3 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. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Robe Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date NOV .3 999 ) LL'ER 14, TOWNSH P 48 COUNTY, FLOR DA. SOUTH OIL WELL ROAD RANDALL BL~) PROJECT L OCA TION AGENDA ITEM ~. NOV 2.3 1999 Pg. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "COUNTRYSIDE AT BERKSHIRE LAKES, SECTION ONE, TRACT 10 REPLAT" OBJECTIVE: TO approve for recording the final plat of Countryside at Berkshire Lakes, Section One, Tract 10 Replat, a subdivision of lands located in Section 5, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Countryside at Berkshire Lakes, Section One, Tract 10 Replat". 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 "Countryside at Berkshire Lakes, Section One, Tract 10 Replat" 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 NOV 2 3 1999 Pg. / -- ~xecu%ive Summary Countryside at Berkshire Lakes, Section One, Tract 10 Replat Page 2 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 "Countryside at Berkshire Lakes, Section One, Tract 10 Replat" with the following stipulations: 1. Authorize the recording of the Final Plat of "Countryside at Berkshire Lakes, Section One, Tract 10 Replat." 2. Any outstanding plat comments shall be resolved prior to recording of the plat. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Engineering Review Manager Date R'o~t Mulhere, AICP Planning Services Department Director APPRO~yED~ BY: Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date AGEN IT , NOV 2.3 1999 RADIO ROAD (C.R. 856) DAVIS BOULEVARD (S.R. 84) r~ SITE NOV 2 3 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE SUBDIVISION" FOR RECORDING THE FINAL PLAT OF "Q.J.R. OBJECTIVE: TO approve for recording the final plat of Q.J.R. Subdivision, a subdivision of lands located in Section 23, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Q.J.R. Subdivision". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Q.J.R. ~---Subdivision" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 1359~0 Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees AGEndA F~'M, NOV Z 3 1999 Pg. / ,. Executive Summary Q.J.R. Subdivision .~'Page 2 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 "Q.J.R. Subdivision" with the following stipulations: 1. Authorize the recording of the Final Plat of "Q.J.R. Subdivision." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rob~AICP Planning Services Department Director APPROVED B~./~ ~,? Vincent A."Cautero, AICP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date Oat/e NOV 2 3 1999 TION OF BLOCK ;E.S 69 AND 70, ' OF "B", PALM RIVER ES~[~ PUBLIC RECORDS OF SECTION COLLIER 23, TOWNSHIP 48 SOUT] COUNTY, FLORIDA. I II III II I I III I II I LOCATION (N.T.S.) MAP NOV 2 3 1999 Rern, ainin~ Portion EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CARLTON LAKES TRACT DD" OBJECTIVE: To approve for recording the final plat of Carlton Lakes Tract DD, a subdivision of lands located in Section 19, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Carlton Lakes Tract DD" 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 "Carlton Lakes Tract DD" 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 "Carltor] £:a~s Tr ~ct DD" with the following stipulations: 1. Authorize the recording of the Final Plat of "Carlton Lakes Tract DD." AGENDA ITEM -' NOV 2 3 ~'~ Executive Summary Carlton Lakes Tract DD Page 2 PREPARED BY: J~n'k' Hould~sworth, Senior Engineer Engineering Review Date REVIEWED BY: Engineering Review Manager ~obe~_t Mulhere, AICP Planning Services Department Director APPROVED DY: /- ~.-/, ~, ~. ~ - ,, Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date Date AGENDA ~TEM NOV 2 3 T99 lOCATION MAP EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BRIARWOOD UNIT EIGHT", 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 "Briarwood Unit Eight", a subdivision of lands located in Section 31, Township 49 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 "Briarwood Unit Eight" 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 "Briarwood Unit Eight" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $131,223.53 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 39,400.00 - $ 91,823.53 The Security amount, equal to 110% of the project cost, is $144,345.88 AG£N,~A tTE~ N,o.~_ "g'/---L____ Executive Summary Briarwood Unit Eight 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: $2,787.00 Fees are based on a construction estimate of $131,223.53 and were paid in August, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 451.00 b) c) Paving, Grading (1.275% const, est.) GROWTH M3~NAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 197.00 Drainage, Paving, Grading (.425% const, est.)-$ 390.25 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 578.00 Drainage, - $1170.75 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOM/~ENDATION: That the Board of County Commissioners approve the Final Plat of "Briarwood Unit Eight" for recording with the following stipulations: Approve the amount of $144,345.88 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. fhat no Certificates of Occupancy be granted unnil the required improvements have received preliminary acceptance. NOV 2 3 1999 Executive Summary Briarwood Unit Eight Page 3 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. PREPARED BY: Jo~n R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: f0~Thomas E. Kuck, P.E. Engineering Review Manager Date fl-l~-Rq. Date Robert Mulhere, AICP Planning Services Department Director APPROVED BY: Vincent A. cautero, ~CP, A~ministrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date / / Date/ -- t AGF_.r,L~A ITEM NOV 2 3 ,_o,o LOC, ATION MAP (N.T.S.) EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PROVIDE FOR ASSESSMENT OF DELINQUENT ACCOUNTS IN THE MANDATORY COLLECTION PROGRAM OBJECTIVE: To gain Board of County Commissioners approval of a budget amendment providing funds for assessment of delinquent accounts. CONSIDERATION: These funds were inadvertently omitted after Budget submittal. FISCAL IMPACT: Increase Fund 473 FY2000 Mandatory Collection operating funds by $27,700 and decrease reserves in the same fund by the same amount. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve this Budget Amendment as stated above. SUBMITTED BY: REVIEWED BY: Johff ~i Biedenham, Solid Waste Coordinator ,/1 Da~ W. Russell, Director, Solid Waste Depa~ment APPROVED B~i'Eci fiscfin¥i-:]~ub,i6, Wor~s Administrator Date: NOV EXECUTIVE SUMMARY A RESOLUTION TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO EXECUTE WATER SERVICE AGREEMENTS. OBJECTIVE: That the Board of Collier County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), authorize the Director of the Department of Revenue to execute water service agreements. CONSIDERATIONS: The County has for many years provided potable water service to about 25 properties located east of Auto Ranch Road near the Boyne South development. The properties receive potable water through a County owned master meter and a privately owned water distribution system. This private system is unique in that no single homeowner or entity is responsible for the overall water bill or maintenance of the distribution system. Rather the individual homeowners are jointly responsible for the total water bill and maintenance of the system. In order to proportion the water usage, the master meter is read and all individual meters are read and the cost is allocated accordingly. Unaccounted for usage is allocated proportionally among all properties downstream of the master meter. This resolution delegates certain authority to the Department of Revenue Director to enter into a water service agreement with each property owner within and adjacent to the Dalton and Cypress Mobile Home Parks. The water service agreement allows for the County to have physical access to owner's property to read water meters; defines that meters are installed, owned and maintained by property owners; allows for a pro-rata share for water that is unaccounted for to be billed to the property owners; and recognizes that property owners are responsible to pay a water impact fee. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of Collier County Commissioners as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), approve and adopt the attached Resolution that authorizes the Director of the Department of Revenue to execute water service agreements. Prepared by~ /~~~/ff~ Ann M~ie Saylor~ministrative Assistant II Date N 0 ¥ 2 B PG. I Q_ ~clW~d N. Finn, Director of Operations Date' Reviewed by: nkosky, De_Xpsrtrnent of R~enue Director Reviewed b~strator Date lz,,5,,,,t ¢.~' / ' I~ate 'NOV 2 3 1999 PG. ~-~VICE AGREEMENT Dalton and Cypress Mobile Home Parks THIS AGREEMENT is entered into this ~ day of ,1999 by and between COLLIER COUNTY, including as Collection Agency for the COLLIER. COUNTY WATER-SEWER DISTRICT, with its principal place of business at 2800 North Horseshoe Drive, Naples, FL. 34104 (hereinafter referred to as "County"), and , individual property owner(s), who certify to County that (he/she/they) own the real property described as [ ] Dalton OR [ ] Cypress Mobile Home Park, Parcel No. , Lot ., Property I.D. Number hereinafter jointly and/or severally (as applicable) called "Owner." WHEREAS, County provides potable water to said private system through a 2" master meter located within an easement provided to County by the Boyne South Development; a~d WHEKEAS, individual properties within and adjacent to the Dalton and Cypress Mobile Home Parks are receiving potable water fi.om the Collier County Water-Sewer District through a privately owned water distribution system; and WHEREAS, maintenance of said privately owned system is no responsibility of the County; and WHEREAS, said privately owned system is served with potable water by means of a 2" meter, which has recently been verified to accurately record water flows. The total average gallonage of unaccounted for water being provided to said privately owned system is gallons per day. WITNESSETH The above recitals are true and correct and are incorporated herein and it is agreed: 1. At no cost to the County, Owner shall promptly install and maintain an individual water meter to read the water consumption to the subject real property. Owner hereby grants to the County rights of physical access to owner's property to read said meter. ,o. NOV 2 3 199 e PG. ~ 2. County shall own and maintain the master meter located within Boyne South development through which potable water service to the subject property is made. The County shall have no responsibility for any facilities located on Owner' side of the master meter. 3. Owner shall be billed for the applicable individual meter service availability charge and for water consumption as is recorded on the individual meter, plus pro-rata share for water that is unaccounted for. The County will read all individual meters and will calculate the unaccounted water usage by comParing the sum of all individual meter usage relative to the master meter usage and shall allocate the unaccounted for water equally to all users on the system. It is agreed for the purposes of this Agreement that each parcel of real property is responsible for the same gallonage of unaccounted for water. 4. County's responsibility to maintain and repair facilities and for the quality and safety of water supplied to Owner ceases at the downstream side of the backflow prevention device located on the downstream (Owner's) side of the master meter. 5. As an end-use customer of County's regional water service, and in accordance with Ordinance No. 98-69, as amended, Owner's property is subject to Water Impact Fees that are the proportionate share of providing capacity fi:om the County's central system. 6. This Agreement runs with the land and shall be binding upon (and shall inure to the benefit of the parties hereto) and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties relevant to the matters referred to herein. 7. This Agreement may be recorded in the Official Public Records of Collier County, Florida. 8. Failure to abide by this Agreement shall be good cause for the County to cease providing the subject water service to Owner's real property as said property is described hereinabove. N0. ~._~~._ NO¥ 2 3 1999 FOR THE COUNTY: By: John Yonkosky, Director, Depar~ent of Revenue WITNESSES TO ALL OWNERS: S/ PROPERTY OWNER(S): S/ (Type or Print Name) S/ (Type or Print Name) (Type or Print Name) S/ (Type or Print Name) STATE OF FLORIDA ) COUNTY OF COLLIER ) ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this day of (Notary seal/stamp) Personally known to me OR produced) identification. Notary Public Approved as to form and legal sufficiency: Assistant ~ounty Attc~mey F:/am/Agreements/Water Service Auto Ranch #0.~ NOV 3 PG. . RESOLUTION NO. 99- A RESOLUTION OF 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; TO AU'I~ORIZE JOHN YONKOSKY, DIRECTOR, DEPARTMENT OF REVENUE TO EXECUTE WATER SERVICE AGREEMENTS BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, and as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District, that: John Yonkosky, Director, Department of Revenue, is hereby authorized on the Board's behalf to execute as many of the subject written agreements as appropriate regarding the County providing potable water service to the Dalton Mobile Home Park and the Cypress Mobile Home Park. 2. An draft example of the subject Agreement is attached hereto as Exhibit "A". This Resolution adopted this' day of motion, second and majority vote favoring adoption. ,1999 after ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDMSION OF THE STATE OF FLORIDA, AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER/ SEWER DISTRICT By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency. Assistant County Attorney Res. Water S~rvic¢ to Dalton and Cypress Mobile Home Parks EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 99-2995, NAPLES REMOVAL TO DOUGLAS N. HIGGINS, INC. IN THE $184,625.00. BEACH ROCK AMOUNT OF OBJECTIVE: To award a contract to perform those activities associated with completing the rock removal on the Naples Beach. CONSIDERATION: On June 1, 1999, the staff presented a post construction report on Contract No. 97-2771 to the Naples City Council. As a result of discussion during that presentation, a commitment was made to perform additional rock removal on the Naples Beach subsequent to the end of the Sea Turtle Nesting Season. Therefore, to implement this commitment, sealed bids for Bid No. 99-2995 were opened on October 27, 1999. Advertisement for bids was posted on October 4, 1999. Invitations to bid were sent to 31 vendors. A summary of the bids received is as follows: CONTRACTOR Douglas N. Higgins, Inc. Kyle Construction, Inc. TOTAL BASE BID $184,625.00 355,171.00 The staff, reviewed the total costs and has found them to be correct as tabulated above. The design professional's estimated cost of construction was $149,369.00. As the result of a thorough review of the proposals by the staff and design professional, based upon verified qualifications and experience, it is recommended that a contract for Bid No. 99- 2995 be awarded to Douglas N. Higgins, Inc., 2887 Ta~niami Trail East, Suite 1, Naples, Florida 34112 in the amount of $184,625.00, being the lowest qualified and responsive bidder. FISCAL IMPACT: Since this commitment occurred subsequent to the budget preparation, funds for this project were not included in the budget for FY 99/00. Therefore, a budget amendment is necessary whereby funds in the amount of $184,625.00 will be transferred from the reserves and distributed to the appropriate expenditure categories to provide sufficient funds for this project during FY 99/00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Bc, ard of Cot~nty Commissioners: 1. Award a contract for Bid No. 99-2995, Naples Beach Rock Removal to Douglas N. Higgins, Inc. in the amount of $184,625.00. 2. Approve the necessary budget amendment. 3. Authorize the Chairwoman to execute the contract. .o. tr. [ , PG, ! Executive Summary Naples Beach Rock Removal Page Two SUBMITTED BY: Iqarold E. Huber, Project Manager III Public Works Engineering Department Date: Il. el . q ~ REVIEWED BY: St e~'e~ C arnell,'/Dir ect or Purchasing Department REVIEWED BY: ~/JeffBibby, P.E., Director Public Works Engineering Department APPROVED BY: ~~ w · Ed Ilschner, Adm~mstrator Public Works Division Date: i l- q - cI cl HEH.Ih. Naples Beach Rock Removal Attachment cc: Douglas N. Higgins, Inc. Coastal Engineering Consultants, Inc. Beach Renourishment/Maintenance Committee NOV 2 3 19'99 EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 99-2980, WIGGINS PASS MAINTENANCE DREDGING TO LAKE MICHIGAN CONTRACTORS, INC. IN THE AMOUNT OF $1,228,000.00. OBJECTIVE: To award a contrata for performing all operations in connection with maintenance dredging and satisfactory disposal of approximately 73,000 cubic yards of material to be excavated from Wiggins Pass. CONSIDERATIONS: Sealed Bids for Bid No. 99-2980 were opened on October 27, 1999. Advertisement for bids was posted and published in the Naples Daily News on August 16, 1999. Invitations to bid were sent to 51 vendors. A summary of the bids received is as follows: CONTRACTOR TOTAL BASE BID United Contractors & Engineering Corporation Lake Michigan Contractors, Inc. Hendry Corporation $ 579,475.00 $1,228,000.00 $2,158,325.00 The staff reviewed the total costs and has found them to be correct as tabulated above. The design professional's estimated cost of construction was $1,218,937.50. The staff was informed by the apparent low bidder (United Contractors & Engineering Corporation) that they had discovered a significant error in their bid. Therefore, they relinquished their position as apparent low bidder and requested consideration be given to return of their bid bond. As the result of a thorough review of the proposals by the staff and design professional, it is recommended that: The bid from United Contractors & Engineering Corporation in the amount of $579,475.00 be rejected and their bid bond be returned in accordance with the "Bid Deposit Requirements" contained on page GC-IB-2 of the bid documents. Based upon verified qualifications and experience, award a contract for Bid No. 99-2980 to Lake Michigan Contractors, Inc., 265 Kollen Park Drive, Holland, Michigan 49423 in the amount of $1,228,000.00, being the lowest qualified and responsive bidder. The preliminary opinion of construction cost for this project was $727,400.00. Subsequently, the opinion of construction cost has been revised to reflect the plan changes incorporated to address environmental agency requirements. In addition, interim mechanical dredging in the estimated amount of $18,000.00 is considered necessary to NO-V 2 3 1999 Executive Summary Wiggins Pass Maintenance Page 2 keep the channel open until commencement of this construction activity. Additional channel marking associated with this activity in the estimated amount of $12,000.00 is also required. Therefore the total amount of funds necessary for activities associated with this project is $1,258,000.00. Another matter related to award of this contract pertains to the hours of operation and noise level associated with the proposed construction activity. Due to the nature of this construction and critical time constraints for completion of the project, it is necessary for equipment to operate 24 hours each day, 7 days each week. Due to the uncertainty of complying with the noise level requirements during the hours of 6:00 p.m. to 7:00 a.m. as set forth in Subsection 54-91 (2) of the Code of Laws and Ordinances of Collier County Florida, a time of day waiver is requested in conformity with Section 54-89 of the Code. In an effort to minimize the impacts in this regard, the contract specifications require that all equipment used on this work shall be equipped with satisfactory mufflers or other noise abatement devices. FISCAL IMPACT: Based upon the preliminary opinion of construction cost available for this project at the time of budget preparation, funds in the amount of $727,400.00 were included in the FY 99/00 budget for this purpose. Therefore, a budget amendment is necessary whereby funds in the amount of $530,600.00 will be transferred from the reserves and distributed to the appropriate expenditure categories to provide sufficient funds for activities associated with this project during FY 99/00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Reject the bid from United Contractors & Engineering Corporation and authorize their bid bond to be returned. 2. Award a contract for Bid No. 99-2980, Wiggins Pass Maintenance Dredging to Lake Michigan Contractors, Inc. in the amount of $1,228,000.00. 3. Grant a time of day waiver in conforming with Section 54-89 of the County Code. 4. Approve the necessary budget amendment. 5. Authorize the Chairwoman to execute the contract. NOV 2 3 1999 Executive Summary Wiggins Pass Dredging Page 3 SUBMITTED BY: Harold E. Huber, Project Manager III Public Works Engineering Department DATE: /'/' ? ' ~ ~ REVIEWED BY: Purchasing Department //~effBibby, P.E., Director Public Works Engineering Department REVIEWED Ed Ilschner, Administrator Public Works Division HEH/Ih/ES.WPMD Attachment Lake Michigan Contractors, Inc. United Contractors & Engineering Corporation Coastal Engineering Consultants, Inc. Beach Renourishment/Maintenance Committee DATE: I NOV.2 3 1959 NOV 2 3 l~g~ EXECUTIVE SUMMARY APPROVE WORK ORDER NO. PW-GB-9917 WITH A. GAIL BOORMAN AND ASSOCIATES, TO PROVIDE LANDSCAPE DESIGN PLANS AND SERVICES DURING CONSTRUCTION FOR PLANTING AND IRRIGATION WORK IN THE MEDIANS OF GOODLETTE-FRANK ROAD N. ~ To gain Board approval to authorize the Public Works Engineering Department Director to execute a Work Order with A. Gail Boorman and Associates to provide landscape architectural services for the Goodlette-Frank Road N. median from Solana Road north to Pine Ridge Road, approximately one (1) mile in length. CONSIDERATION: Goodlette-Frank Road N., from Solana Road to Pine Ridge Road, has been identified in the Collier County Strectscape Master Plan as a scheduled improvement for fiscal year 2000. FISCAL IMPACT: Funds in the amount of $27,195.00 are available in MSTD Road District # 2. Funding source is advalorem tax. A budget amendment is needed to transfer funds from Improvements- General 763100 to Engineering Fees 631400. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Public Works Engineering Department Director to execute thc proposed Work Order # PW-GB- 9917 in the amount of $27,195.00 with A. Gail Boorman and Associates and approve the necessary budget amendment. SUBMITTED BY: ~/~, ~- DATE: []-Z-~7 Gerald N. Kurtz, E. I., ~ngineer II Public Works Engineering Department blic Works Engi: Edward J. Kan~.,~., Transportatio~ ices Director APPROVED Ed Ilschner, Public Works Administrator Attachment: Work Order # PW-GB-9917 DATE: DATE'S/- f' 5 ~' DATE :/~/-//- ~' NOV PG. XVORK ORDER # PW-GB-9917 Agreement for Fixed Term Professional Landscape Architectural Services Dated July 28, 1998 (Contract #98-2777) This Work Order is for Professiolla. I I ;llltlst'ape Arcbitecttlr;ll Nervices for work kllown as: Goodletlc-I:rank Road Median I.andscapc Design from Pine Ridge Road to Solana Road. Reason for Pro.i¢ct: Continuation of Collier Counly's Streetscape Master Plan The work is specified in the proposal dated October g, lOqg, which is attached hereto and made a part of this Work Order. tn accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PW-GB-ggl7 is assigned to: A. Gail Boorman and Associates. gcope of \Vor, k~. Task I: I'relimHlarv DeSlgll Task 2: Rc','~scd Design Phase Task 3: Einal Destgn/('onstruclion Documents Phase ]'ask 4: I,andscape Arch~tectnral Nervices During ConstrllCtiOll R~Lhednle of Work: Complete work within 30g 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 schedvle 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). Preliminary design Revised Design Phase Final Design/Construction Documents Landscape Architeclural Services During Construclion $6,330.00 $ 4,280.00 $8.61000 $6,680.00 TOTAl', FEE $25.000.O0(Lump Sum) Reimbursable Expenses (estimate 5% of total fee) $1,295.00(Time and Materials) TOTAl. SLIM $27,195.00 Any change wiLl, in monetary authority of this Work Order made snhsequent to final department approval will be cnnsidered an additional service and charged according to Schedule "A' of the Agreement. Gcraht N.Kurtz, E 1~ En gIneer II Date AUTIIOR[ZED Fly: APPROVED / Jeffrey Hihhy, P.E,, Director Public Works Engineering Departmenl Date Approved as to Form arid Assistant Covnty Attnrn~X,, Witness By: /. } ATTEST: (Corporate Secretary) By: ACCEPTED BY: Da,e: /C/Z-ZI I / A. (;ail Boorman and As/s/oclates i /~ - '-/ - $ i~n";t" r~e-'/- ' / [ "G. ,~G£ NDA I.Tr~l N0 NOV 2 3 American Society of Landscape Architects Land Planning Site Graphics Landscape Architecture October 8, 1999 Mr. Jerry Kurtz, Project Manager Collier County Public Works Engineering Dept. 3301 E. Tamiami Trail, Bldg. D Naples, FL 34112 Re: Landscape Architectural services for medie~ landscaping, Goodle~e-Frank Road N, Solana to Pine Ridge Rd (*/- 1 mile) Dear Mr. Kurtz: Thank you for your request for landscape architectural services for this project. I appreciate your meeting with me to review the project's requirements. For brevity, I have used the acronym "PWED" in this proposal to mean Collier County Public Works Engineering Dept.; "we" refers to A. Gall Boorman & Associates. SCOPE OF WORK Our work includes design and construction plans, and services during construction, for planting and irrigation work in the medians of Goodlette-Frank Road N. segment as described above. Plantings will be set back from the edge of the roadway and trees located in the central area of the medians, to anticipate possible future roadway widening. The total project budget, including design fees, is $290K which anticipates MSTD funding plus private conthbutJons whict~' PWED will solicit and administrate. We anticipate PWED inviting the private contributors to attend design review meetings to create opportunities for them to participate in the design process. We also advise PWED to invite a representative from the County agency responsible for landscape maintenance to attend our design review meetings. Recently I spoke with Bob Middleton of the City of Naples Water Dept. regarding the availability of City reuse water for this project. He stated that the City will regard our landscape project as an extension of the City's Naplescape efforts and will allow us to tap into the existing reuse main on the east side of the road ROW. This main goes as far north as the Moorings Park community and then turns east. For this proposal, we assume this main will be used as the source of irrigation water. There are no City potable water wells witi~in our work area. We will coordinate our work through you, City and County utilities, etc to avoid conflicts. Final plans will be suitable for bidding and construction by qualified contractors. In your capacity as project manager, you will be our contact person for this project. WORK PROCEDURES: Our work will proceed as follows: Task 1: Preliminary Design · We will conduct one meeting with you and private contributors to review the project's technical parameters and discuss landscape design preferences. · All current surveys, roadway engineering/drainage/utility plans, surveys, and/or other pertinent engineering information required for base maps will be provided by PVVED. We request detailed information at commencement of work, furnished in AutoCAD release 12 drawing file format. We will assemble it in a workable format for our purposes. Please advise of any specific landscape requirements before we commence work. Mr. Jerry Kurtz Goodlette Road medians, Solana-Pine Ridge page 2 10/8/1999 If AutoCAD base information is not available, we may consider the following options: a) Prepare base maps from hardcopy plans as may be furnished by PWED. These will be scanned into an AutoCAD format by an outside service provider such as a blueprint shop. b) Prepare base maps from field surveys prepared by a licensed surveyor as may be under contract to the County or as a subconsultant to us. Either option is an additional service which may be provided on a negotiated fee basis. · We will visit the site to review existing conditions and environs. · We will prepare a preliminary evaluation of irrigation system demand requirements, with preliminary recommendations on main sizing and equipment, and coordinate with the City of Naples Utility Dept. · We will prepare a preliminary planting plan for each of the medians, showing types, quantities, and sizes of proposed plant materials. We will also prepare a preliminary cost estimate. · We will prepare a preliminary irrigation design for each area of the project. This includes preliminary irrigation main and head layout, sleeving, etc. We will also prepare a preliminary cost estimate. · We wiil conduct one meeting with County staff and pdvate conti-ibu[ors to review the preliminary design documents, and receive input to revise the plans. Fee:$6,330.O0 Task 2: Revised Desiqn Phase: · We will revise the irrigation plans according to comments received from review of the preliminary plans; an updated cost estimate will be prepared. · We will revise the planting plans according to comments received from review of the preliminary plans; an updated cost estimate will be prepared. · We will conduct one meeting with you, County staff, and private contributors to review the revised plans, and receive input to finalize the plans for construction. Fee: $4,280.00 .,sk 3: Final DesiqnlConstruction Documents Phase: · We will prepare final planting plans suitable for bidding and construction by qualified contractors.. We will commence these plans upon receipt of all comments from all agency reviews. · We will prepare final irrigation plans suitable for bidding and construction by qualified contractors. We will commence these plans upon receipt of all comments from all agency reviews. · We will prepare construction details and specifications for the project. · We will prepare an updated cost estimate for the project. · We will meet with you/PWED to review the final construction documents and discuss a schedule for bidding and implementing the work. Fee: $8,6;0.00 One iteration of each task is included in the fee budget. However, additional meetings or design studies may be desired by you/PWED, and will be provided as an additional service on a time and matedal basis. Task 4: Landscape Architectural Services Durinq Construction · We will attend one prebid meeting and issue bid addenda as may be necessary. · We will review bids with County staff and advise regarding landscape and irrigation bid award. · We will provide up to twelve site observations, which includes activities such as plant materials layout and inspection; review of contractor's work in progress; assistance with resolving field conditions encountered and questions; review and recommendations regarding materials samples and shop drawing submittals; issuing change orders and/or contract addenda; pre-final inspection and punch list, final inspection and punch list; 90-day warranty inspection; and field reports documenting same. Fee: $6,680 N0V 2 3 1S99 Mr. Jerry Kurtz Goodlette Road medians, Solana-Pine Ridge page 3 10/8/1999 Additional Services Additional services include items not stipulated in this proposal, including but not limited to preparation of base information (see Task 1), engineering (civil, electrical, mechanical, etc.), surveying, or site planning; permitting, permit fees, impact fees, surveys, testing, etc.; revisions to previously approved plans, or those which are necessary due to after-the-fact notification of special requirements; land planning, zoning, maintenance of traffic and transportation engineering related issues or studies. Reimbursable Expenses: Reimbursable expenses shall be invoiced and paid in accordance with the terms of our continuing services agreement with the County. Invoicing and Payment Invoices are due and payable upon receipt. Amounts billed on fixed fee items will be based upon the percentage of work completed on a given item in a given month. Amounts due beyond 30 days are subject to a 1-1/2% interest charge per month. Schedule We can begin work within ten working days of PWED notice to proceed, and will produce work products in a timely fashion. The anticipated bid date for these plans is 6/29/00 with construction to commence 8/30/00 and be completed by 2/13/01. We will work with you to develop a schedule for review meetings and construction documents within those time parameters. I look forward to working with you. Please feel free to call me to discuss any elements of this proposal. NOV 2 3 1999 PG... ,_~ _ EXECUTIVE SUMMARY APPROVE A 1999 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING IMPLEMENTATION OF THE GORDON PASS INLET MANAGEMENT PLAN. OBJECTIVE: To obtain approval of a Tourism Agreement to enable reimbursement to the City of Naples for implementation of the Gordon Pass Inlet Management Plan. CONSIDERA~HON: On February 9, 1999, thc Board of County Commissioners approved a TDC Grant Application for Engineering services associated with project design and permitting for the periodic dredging of Gordon Pass and repair of the Gordon Pass jetty. In accordance with the Beach Renourishment and Pass Maintenance Guidelines, the Board of County Commissioners shall enter into a contract with the recipient of the tourist tax funding. The attached Agreement has been prepared for such purpose. FISCAL IMPACT: Pursuant to approval of the TDC funding application by the Board of County Commissioners on February 9, 1999, funds in the amount of $129,375.00 were appropriated in thc FY 98/99 budget for this purpose. Since these funds were not obligated during FY 98/99, a budget amendment is necessary to recognize the additional carry forward from FY 98/99 whereby these funds can be obligated for this purpose during FY 99/00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Tourism agreement with the City of Naples regarding implementation of the Gordon Pass Inlet Management Plan. 2. Approve the necessary budget amendment. 3. Authorize the Chaimoman to execute the Agreement. SUBMITFED BY: Harold E. Buber, Project Manager III Public Works Engineering Depamnent ' Jeff Bibby, P.E., Dire~or Public Works Engineering Depm'trnent Ed Ilsc'hner, Administrator Public Works Division Date: //'/¢;/~ r~ Date: HEH.Ih a~achment CC: Jon C. Staiger, Ph.D., Natural Resources Manager, Ci.ty of Naples Beach Renourishment/Mainlenance Committee 0¥ 2 3 1999 1999 TOURISM AGREEMENT BETWEEN COILLIER COUNTY AND THE CITY OF NAPLES REGARDING IMPLEMENTATION OF THE GORDON PASS INLET MANAGEMENT PLAN THIS AGREEMENT, is made and entered into this ~ day of ,1999, by and between the City of N~p!es, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishrnent and pass maintenance projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for maintenance and management of Gordon Pass; and ~HEREAS, COUNTY desires to fund the proposed Gordon Pass maintenance and management projects proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED ttEREiN, AND O-i'HER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF x,. ORi,~: GK~_NTEE prepmed a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE Shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any c.,pei:dicdrcs not included in the PROPOSAL nor be reimbursed lb~ amounts in excess, ,q' those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GtL4_NTEE and COUNTY. 2. PAYMENT AND RFIMBURSEMENT: The maximum reimbursement unde,: this Agreement shall be One Hundred Twenty Nine Thousand Three Hundred Seventy Five N0V 231999 ~G. Dollars ($129,375). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Co~m~issioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIG1BLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of tills Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: B ODII_ T IN?, ri-Ly I_ [A~JI.I: , - $300,',360 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person 2 OV 2 3 1999 PERSONAL INJURY LIABILITY - $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has ;ecci,. ~d thc Certifica'~c of Insurm-~ce. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide sen'ices as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. based on industry standards. 6. 1NDE..'vINIFICATION: Thc The reasonableness of the expenditures shall be GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and 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 this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to pertbrm work by any of them. GRANTEE'S obligation under this provision shall not be limited i:,. an.,,.' ,vav by the .~.greed upon Agreement price as shown ;n this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed bv registered or certified mail to GRANTFE :~t the follox,,,int, Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Nap~,~s. F!..~r:~da 34102 3 2 3 1§99 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCObSXlTING: GRANTEE is required to maintain complete and accmate acc:~unting recerds and keep tourism fun&s in a sc?trate ci~ecking account. Ail revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of thiz &greement. 11. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of tttree (3) years after final payment under this Agreement, have ,,, - ,~ ~ c~c cum~-:~, paper:~. records of G~ANTEE involving transactions related to this Agreement. 12. PRO~BITION OF ASSIGNMENT: G~NTEE shall not assign, convey, or transfer in whole or in pan its interest in this Agreement Mthout the prior ~inen consent of the CO~TY. 4 2 3 999 1~6. ,.~ 13. TERM: This agreement shall become effective on and shall remain c£fective until the earliest of 31 December 2001 or sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement :~hall be recorded in thc public records of Col] ier County IN WITNESS WHEREOF, 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. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie, Chairwoman WITNESSES: Printed'Typed Name (2) Printed/Typed Name GRANTEE CITY OF NAPLES BY: Bill Barnett Nalne ~Mayor~ ~1 itle (Corporate Seal) 5 J NOV 2 3 J 1_ Approved as to form and Legal sufficiency: Heidi 1-. Ashton Assistant County Attomey JCS\Wordata\Inlet Management\1999 GPIMP implementation 01 .doc Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tamiami trail Naples, FL 34112 1. Name and Address of Applicant Organization: The City of Naples 735 8th Street S. Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Staiger, Natural Resources Manager .941-434-4610 EXHIBIT A o Organization's Chief Official and Title: Bill Barnett, Mayor Brief Pr~ect Description: Gordon Pass Inlet Management Plan Implementation; Engineering services for Froject design and permitting for the periodic dredging of Gordon Pass and repair of the Gordon Pass Jetty. NOV 2 3 1S99 · Collier County Tourist Deve. lopment Council Grant Application Page 2 6. 7. 8. Estimated project start date: July 1, 1999 Estimated projec[' duration: Ei~zhteen (18) months Total amount requested: $129,375.00 I£ the full amount requested cannot be awarded, can the program/ project be restructured to accommodate a smaller award? Yes No x Identify the goals and objectives for the project: The objectives are to: A)obtain new 10-year maintenance dredgin_~ permits for Gordon Pass and permits to sand-tighten the outer portion of the Gordon Pass Jetty; B)Develop construction and contract documents for both the jetty repair and maintenance dredging projects; and C)Assist the City in awarding the contracts. 10. Describe what benefits will be received from the project: Gordon Pass will continue to function as a dependable connection between Naples Bay and th~ Gulf of Mexico. 11. Describe how the effectiveness of the project will be evaluated: Topographic and depth profiles will be carried out--routinel~ in both the inlet and the areas of inlet influence on the beaches to the north and south. 12. Describe how the project enhances existing County Tourist Development programs: Gordon Pass is the only connection between Naples Bay and the Gulf of Mexico. As a component of the Gordon Pass Inlet Management Plan, these projects contribute to the long-term stability of the 13. inlet and its uninterrupted use by recreational and commercial watercraft. Describe how financial resources will be monitored: The projects will be City of Naples Capital Pro~ects, and all .revenue/expense accounting will be the responsibility of the City's Finance Department. Collier County Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (x) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (x) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (x) No ( ) Is the proposed project part ofti~e ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes (x) No ( ) Is the proposed Froject required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes (x) No ( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (x) No ( ) Collier County Tourist Development Council Grant Application Page 4 Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project co~t or by increasing the local/non-local ratio? Yes (.) No (x) Wiii t!e I~rcje~.: improve understanding of al:crnxtive technologies that may contribute to a cost-effective beach restoration project? Yes ( ) No (x) Is there a potential for an alternative/matching funding source? Yes(x) If "Yes", please identify No( ) Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (x) No ( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? ihe project will be submitted to the Beach Renourishme~ Maintenance Committee for approval on January 7, 1999. Collier County Tourist · Grant Application Page 5 Development Council I have read the Beach Renourishment and Pass Guidelines and criteria'and agree t¥~i~rgani,.zation ~q'l~G~ply with all__ll_g~delines and criteria. Signature of Organization's Chief Official or Designee* *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H) (2). HEH/Ih/1 I478 -Collier County Tourist Development Council Grant Application Page 6 PROJECT BUDGET Apply for state and federal funding for inlet management dredging Construction design and permitting for inlet management and jetty repair projects, including preparation of contract/bid documents Total $2,875.00 $126,500.00 $129,375.00 NOV 2 3 EXECUTIVE SUMMARY APPROVE A 1999 TOURISM AGREEMEN', WITH THE CITY OF NAPLES REGARDING INSTALLATION OF T-GROINS AND MODIFICATION OF THE GROIN FIELD NORTH OF GORDON PASS. OBJECTIVE: To obtain approval of a Tourism Agreement to enable reimbursement to the City of Naples for installation of T-Groins and modification of the groin field north of Gordon Pass. CONSIDERATION: On February 9, 1999, the Board of County Commissioners approved a TDC Grant Application for installation of T-Groins and modification of the groin field north of Gordon Pass. In accordance with the Beach Renourishment and Pass Maintenance Guidelines, the Board of County Commissioners shall enter into a contract with the recipient of the tourist tax funding. The attached Agreement has been prepared for such purpose. FISCAL IMPACT: Pursuant to approval of the TDC funding application by the Board of County Commissioners on February 9, 1999, funds in the amount of $632,500.00 were appropriated in the FY 98/99 budget for this purpose. Since these funds were not obligated during FY 98/99, a budget amendment is necessary to recognize the additional carry forward from FY 98/99 whereby these funds can be obligated for this purpose during FY 99/00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: Approve the attached Tourism Agreement with the City of Naples regarding installation ofT-Groins and modification of the groin field north of Gordon Pass. 2. Approve the necessary budget amendment. 3. Authorize the Chairwoman to execute the Agreement. SUBMITTED BY: REVIEWED BY: APPROVED Harold E. Huber, Project Manager III Public Works Engineering Department /'~//Jeff Bibby, P.E., Director Public Works Engineering Department Public Works Division Date: Date: //'/~//~' q HEH.Ih atlachment Jon C. Staiger, Ph.D., Natural Resources Manager, City of Naples Beach RenourislunenffMaintenance Committee 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CIT" OF NAPLES REGARDING INSTALLATION OF T-GROINS AND MODIFICATION OF THE GROIN FIELD NORTH OF GORDON PASS THIS AGREEMENT, is made and entered into this ~ day of ,1999, by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment and pass maintenance projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax funds for maintenance and management of Gordon Pass; and WHEREAS, COUNTY desires to fund the proposed Gordon Pass maintenance and management projects proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the pass maintenance project to be accomplished, along with a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those provided in the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAYMENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be Six Hundred Sixty One Thousand Two Hundred Fifty Dollars 'NOV 2 3 1999 ($661,250). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person 2 NOV 2 3 1999 PG. PERSONAL INJURY LIABILITY - $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY- Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has received the Certificate of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. based on industry standards. 6. INDEMNIFICATION: The The reasonableness of the expenditures shall be GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and 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 this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. NOTICES: Ail notices from COUNTY to GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Naples, Florida 34102 3 NOV 2 3 1§99 ~G. All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking .account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers, and financial information pertaining to work performed under this Agreement. GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 4 13. TERM: This agreement shall become effective on and shall remain effective until the earliest of 31 December 2000 or sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS': This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, 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. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie, Chairwoman WITNESSES: PrintecFTyped Name (2) Printed/Typed Name GRANTEE CITY OF NAPLES BY: Bill Barnett malTle Mayor Title (Corporate Seal) 5 Approved as to form and Legal sufficiency: He'i'd'i ~ As~to~ ' ' Assistant County Attorney JCS\Wordata\Inlet Management\1999 GPIMP implementation 01 .doc 6 - 1 N0..~_~ NOV 2 3 1~99 Collier County Tourist Development Council GRANT APPLICATION Beach Renourlshment and Pass Maintenance (Beach Improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tamiami trail Naples, FL 34112 1. Name and Address of Applicant Organization: City of Naples 735 8th Street South Naples, FL 34102 Contact Person, Title and Phone Number: Dr. Jon C. Stai~er Natural Resources Manager 941-43&-4~10 Organization's Chief Official and Title: Bill Barnett, Mayor Brief Project Description: Gordon Pass Inlet Management Plan I~plementat~o~; Construction of two new T-mroins and modification of the existing groin field located between 750 and 1,750 ft. north of Gordon Pass. NOV i31899 PG. f 'Grant Application Page 2 6. 7. 8. Estimated project start date: Estimated project duration: July 1, 1999 Four (4) months Total amount requested:. $661,250.00 If the full amount requested cannot be awarded, can the program/ project be restructured to accommodate a smaller award? Yes No x Identify the goals and objectives for the project: The objective is to construct two stone T-groins; to repair two' ".;.' existing permeable wood groins, and to place 20,000 cu. yds. of sand in':the groin field to restore a part of the beach that has been eroding since Gordon Pass was initially dredged in 1962. 10. 11. Describe what benefits will be received ~om the project: The transport of sand alone the Naoles Headland beach into Gordon Pass will be slowed, thus;improving the stability of the inlet. The eroded beach north of Gordon Pass will be restored and stabilized. Describe how the effectiveness of the project will be evaluated' Twenty-three profile lines will be surveyed periodically for five years to track project success and evaluate changes, if needed. 12. Describe how the project enhances existing County Tourist Development programs' 13. Gordon Pass is the only connection betweeen Naples Bay and the Gulf of Mexico. As a component of the Gordon Pass Inlet Management Plan, this project contributes to the long-term stability of the inlet and its interrupted use by recreational and commercial watercraft. Describe how financial resources will be monitored: This project will be a City of Naples Capital Project, and all revenue/expense accounting will be the responsibility of the .City's Finance Department. AGE~4O~ II-E,M. -~ NOV 2 3'1S~9 ~,OIller county l ourlst: 'Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (x) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes(x) No( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (,,) No ( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes(x) No( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes(x) N'o( ) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (x.x) No ( ) 'Grant Application Page 4 Will the project decrease the local cost share of an overall beach restoration project, eit~ er by decreasing the total project cost or by increasing the local/non-local ratio? Yes (x) ~o ( ) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(x) No( ) Is there a potential for an alternative/matching funding source? Yes(x) No( ) If "Yes", please identify Is the project consistent with the Collier County Growth Management :Plan and/or standing Board of County Commission action? Yes(x) No( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? .The project wi%.l be submitted to the Beach Renourishment/ Maintenance Committee for approval on January 7, 1999. NOV 2 3 1999 PG. /./ 'Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria 'and agree th ,_or~nizatio ' comp,f with elines ~ ~ and criteria. S'ign~Xl'd~e o~' IJrganizatio-~n~ Ch'ief Official or Designee* *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Ih/11478 Collier County Tourist Development Council Grant Application Page 6 ' PROJECT BUDGET T-groin Construction Beach fill Wood groin repair Pre and post-construction surveys Subtotal Contingency (10%) Project Total .$.300,000 150,000 100,000 25,000 ~"'575,000 57,500 $ 632,500 EXECUTIVE SUMMARY APPROVE A 1999 TOURISM AGREEMENT WITH THE CITY OF NAPLES REGARDING RESTORATION OF TWO THOUSAND SIX HUNDRED FEET OF THE NAPLES BEACH USING THE PARKER SAND WEB SYSTEM OBJECTIVE: To obtain approval of a Tourism Agreement to enable reimbursement to the City of Naples for restoration of a portion of the Naples Beach using the Parker Sand Web System. CONSIDERATION: On September 28, 1999, the Board of County Commissioners approved a TDC Grant Application for restoring 2,600 feet of Naples Beach using the Parker Sand Web System. In accordance with the Beach Renourishment and Pass Maintenance Guidelines, the Board of County Commissioners shall enter into a contract with the recipient of the tourist tax funding. The attached Agreement has been prepared for such purpose. FISCAL IMPACT: On September 28, 1999, the Board of County Commissioners approved a TDC funding application for this purpose in the amount of $1,131,740.00. Based upon information available at the time of the budget preparation, funds in the amount of $510,000.00 were included in the FY 99/00 budget for this purpose. Therefore a budget amendment is necessary whereby funds in the amount of $621,740.00 will be transferred from the reserves to the appropriate expenditure categories to provide sufficient funds for this obligation during FY 99/00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: Approve the attached Tourism agreement with the City of Naples regarding restoration of two thousand six hundred feet of the Naples Beach using the Parker Sand Web System. 2. Approve the necessary, budget amendment. 3. Authorize the Chairwoman to execute the Agreement. SUBMITTED BY: ~~ Harold E. Huber, Project Manager Ili Public Works Engineering Depaxtment REVIEWED BY: ___~.~;;--,~ ' --' ~'-i r ,~-2_ _ //// Jeff Bibby, P.E., Director ."~ Public Works Engim~efing APPROVED BY: ~ Ed Ilschner, Achninistralor Public Works Division Oat°: Date: HEll. Ih attactunent CC: Jon C. Staiger, PhD., Natural Resources Manager, City of Naples Beach RenourishmenffMaintenance Committee NOV 2 3 I 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING RESTORATION OF TWO THOUSAND SIX HUNDRED FEET OF THE NAPLES BEACH USING THE PARKER SAND ~EB SYSTEM THIS AGREEMENT, is made and entered into this ~ day of ,, 1999, by .'~r..4. }'ct :'e~n fl, e Ci~':' of Naplcs, hereinafter referred *o as "GRANTEE" ~md Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS: WHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, Plan provides that certain of the revenues generated by the Tourist Development Tax are reserved for beach renourishment and pass maintenance projects within Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the Board of County Commissioners to use Tourist Development Tax fimds for restoration of two thousand six hundred feet of the Naples Beach using the Parker Sand Web System; and WHEREAS, COUNTY desires to fund the beach restoration project proposed by the GRANTEE. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal outlining the beach restoration project to be accomplished, along v,4th a project budget, as part of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit "A." GR.:V'4TFE shall provide the project activitics outlined in the PROPOS.AI. within the budgeted amounts provided in the PROPOSAL. GRANTEE shall not be reimbursed for any expenditures not inch~ded in the Pb~OPOSAL nor be reimbursed for amounts in excess of those prt, vided m the PROPOSAL unless an amendment to this Agreement is entered into by GRANTEE and COUNTY. 2. PAY-MENT AND REIMBURSEMENT: The maximum reimbursement under this Agreement shall be One Million One Hundred Thirty One Thousand Seven Hundred Forty dollars ($1,131,740). GRANTEE shall be paid in accordance with the fiscal procedures of COUNTY upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the maximum amount budgeted pursuant to the attached Exhibit "A". 3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INS[i~C~\NCE: GRANTEE is required to submit a Certificate of Insurance naming Co!lier County, and its Board ()f Coung~' Comrnissior~ers and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY - $300,000 each claim per person PROPERTY DAMAGE LIABILITY - $300,000 each claim per person 2 PERSONAL INJURY LIABILITY - $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY- Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not commence activities that are to be funded pursuant to this Agreement until COUNTY has receiv~.,l the Certi~ca~e of Insurance. 5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section I. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of contractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcontractors or vendor, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 6. INDEMNIFICATION: To the extent permitted by law, the GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and 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 this Agreement or work performed thereunder. This provision shall also pertain to any claims brohght against COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to pcrfortn work by any of them. GRANTEE'S obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S limit of, or lack of, sufficient insurance protection. 7. ~4_([.TJQE.~_' All ;,,~tices from COL~'TS:' 'to GRANTFE shN1 be in xwiting and deemed duly served if mailed by registered or certified mail to GRANTEE at the following address: Jon C. Staiger, Ph.D., Natural Resources Manager City of Naples 735 8th Street South Nai>!es, Florida 33t02 3 All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to COUNTY to: County Administrator Second Floor. Administration Building 3301 Tamiami Trail East Naples, Florida 34112 GRANTEE and COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 8. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between COUNTY and GRANTEE, or its vendor or subcontractor, or to constitute GRANTEE, or its vendor or subcontractor, as an agent or employee of COUNTY. 9. TERMINATION: COUNTY or GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If COUNTY terminates this Agreement, COUNTY will pay GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. 10. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 11. documents, Agreement. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, papers, and financial information pertaining to work performed under this GRANTEE agrees that COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have acc~;~s to, and tl'~e rig3x to examine and photocop3 any pertinent books, document~, papers, and records of GRANTEE involving transactions related to this Agreement. 12. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in x~.ho!e or in part its interest in this Agreement without the prior written consent of the COUNTY. 4 13. TERM: This agreement shall become effective on and shall remain effective until the earliest of 31 December 2001 or sixty (60) days after completion of the project described in Exhibit "A." 14. AMENDMENTS: This Agreement may only be the amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 15. This Agreement shall be recorded in the public records of Collier County. IN WITNESS WHEREOF, 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. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie, Chairwoman WITNESSES: Printed/Typed Name 5 GRANTEE CITY OF NAPLES BY: ~M_.ayor __ - Tde ' (Corporate ~ea!) Approved as to form and Legal sufficiency: Heidi F. Ashtorl Assistant County Attorney JCS\Wordata\lnlet Management\ 1999 Parker Sand Web tourist tax agreement.doc Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Improvement, maintenance renourishment, restoration and erosion contro[, including pass and inlet maintenance) Completed applications shall be submit:ed to the £ollowing address: Administrator Collier .County Tourist Development Council County Manager's Office 3301 East Tamiami trail Naples, FL 34112 1. N~mz and Address of Applicant Organization: City of Naples 735 8th Street South Naples, ~ 34102 Cch:aCt Person, Title and ?hene Number: Dr. Jon C. Stagger Natural Resources 5~anager 9~!-434-g655 Organization's Chief Official and Title: Bill Barnett, Mayor Brief Project Description: To restore 2,600 feet of Naples Beach using the ~ar~ar Sand Web System. NOV 2 3 1. 99 ! Collier County Tourist Development Council Grant Application Paz~ 2 6. 7. 8. Estimated project start date: Auzust 15, 1999 Estimated pro]et[ duration: 75 days Total amount requested: If th~ full amoupt reouested cannot be awarded, can the program/ project be restructured to accommodate a smaller award? Yes No x Iden:ify the goals and objectives for the project: To restore a section of Naoles Beach usin~ the Parker Sand Web Method and to monitor the oroject thoroughly to ~enerate data for further a?olications. 11. 12. Describe what benefits will be received from the project' A section of beach will be restored. Describe how the effectiveness of the proiezt will be evaluated: Frequent monitoring for the length of the project and +/- 1,500 ft. ,,up and down the shoreline. D~:sc::.b~ how th~ 7..-ojsct enh3nces exist{n~ County Tourist Development programs' Present an alternative method for beach restoration and management. 13. Desc:ibe how finan.~a, resour,:e,,~ will be monitored: The City's Finance Deoartment will monitor as per standard municipal accounting practices. Collier County Tourist Development Council Grant Application 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? ',res (x) ~'o ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (x) .x'o ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environment~_l considerations? Yes (x) No ( ) ts the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/ management projects? Yes(x) No( ) Is the proposed Project required by a regulatory agency as a condition for a?pr,,~vat/fund[ng tis Collie: County beach restoration projects? Yes ( ) No (x) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (x) No ( ) NOV 2 3 l~s~ ~ Co!flor County Tourist Development Council Grant Application Po,~4 Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio9. Yes (x) No ( ) Will the project improve -dr'~derstanding of a!ternative technologies that may contribute to a cost-effective beach restoration project? Yes (x) No ( ) Is there a potential for an alternative/matching funding source? Yes ( ) No (x) If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (x) No ( ) Has the projezt been reviewed and recommenderl by Renourishment/Maintenance Advisory Committee? will be reviewed at the June 10, i999 meeting. NOV 2 3 lg99 Coltier County Tourist Deveioprn¢ut ~vu.,.,, Grant Application Page 5 I have read the Beach Renourishment and Pass Guidelines and criteria and aoreeth my oruani a"onwiIlc6m ly with all guidelines and criteria. Si=nature of/Organization's ~,ri4f Official or Designee* *Dire::or of Office of Capital ,Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H) (2). HEH/Ih,'i 1478 Collier County Tourist Development Council Grant Application Page 6 PROJECT BUDGET 1. Permitting · Permit application engineering... . r-'} '~ D ;- . c.. To:al 2. Proiect · Project mobilization and demobilization; to be paid within 30 days of contract execution... · Monthly maintenance with pay quantities reported at the end of each month; Estimated production of 12,000 cu.yd, per month, at S8.50 per cubic yard, for Five (5) months, less mobiIization cost... Subtotal · Excess Performance Additional payment for beach restoration volume in excess of 60,000 cu.yd. at S8.50 per cu.yd.; estimated at 30,000 cu.yd .... Project Total 3. Permit Comr>liance Monitorin~ Permit compliance monitoring, based on 1997 Dog Island permit(.. S 31,000 5.600 5 S102,000 408,000 $510,000 $255,000 $765,000 S296,800 4. Conrino_encv for items 1 and 3 (I0%l 33,340 Grand Total S1,131,740 Note 1: Includes pre-installation topographic profile monitoring of the installation site and two control sites: daily installation-site biological monitoring (four times each day); weekly function inspections and photography; monthly topo~aphic profile monitoring and sand volume calculations during net installation; ?o<t-,:?asrruction roao~raphic pro~Ie monitorinT: monthly profile monitoring for six months post- construction; and final :~?ert preparation. For detailed break&-~ ,',, please see appende:~ ~s:imate provided by the Collier Count3.' Public Works Engineering Department. This figure is probably a worst-case estima:e, but it is based on the most recent comparable project. The permit text was provided by Bob Brantly, DEP, Tallahassee. JCS'&"ordata ~Parker Sa.nd W:b proj::L '99.TDC application budgcrOl doc NOV 2 3 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT $55,232.00 FOR ROADWAY AND TRAFFIC SIGNAL IMPROVEMENTS IMMOKALEE ROAD (CR 846) AND RANDALL BOULEVARD. OF AT OBJECTIVE: To obtain Board approval of a Professional Services Agreement Work Order with WilsonMiller, Inc. in the amot~nt of $55,232.00. CONSIDERATIONS: On October 13, 1998, the Board approved Agenda Item 16(B)(5) for the selection of Traffic Engineering Consultant finns and the requisite fixed-term agreements were executed by the Chairman. The Transportation Services Department had previously issued Work Order #TE-98- WM-05 on August 30, 1999, to WilsonMiller, Inc., in the amount of $24,996.00 for conceptual design alternatives for the proposed turn lane widening and signalization of Immokalee Road (CR 846) at Randall Boulevard. The overall purpose of that Work Order was to develop conceptual intersection layouts for the improvements and then to present them to adjacent landowners for their comments and ultimately, their approval. On October 13, 1999, a joint meeting was held with the adjacent property owners, Transportation Services Department officials and WilsonMiller, Inc. From this meeting a "Consensus Alternative" was developed that addresses the access concerns of the adjacent property owners (Attachment # 1). The Transportation Services Department now wishes to enter into a Work Order for Professional Services for the Intersection and Traffic Signal Improvements to Immokalee Road (CR 846) at Randall Boulevard. WilsonMiller, Inc. has submitted a proposal in the amount of $55,232.00 for this work and Work Order #TE-98-WM-06 was prepared (Attachment #2). Work Orders assigned under this Agreement may not exceed $25,000.00 without Board approval. FISCAL IMPACT: Funds are available in Road and Bridge Construction Gas Tax Fund 313. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize staff to accept the Professional Services proposal submitted by WilsonMiIler, Inc., and enter into a Work Order with same in the amount of $55,232.00 for the roadway and traffic signal improvement plans for Immokalee Road at Randall Boulevard. Dale~A. Bathon, P.E. Tr.a~~ions Manager Ed~var~ ~ K~~.~.~,ali~.,~ portation Services Director Ed Ilschner, Public Works Administrator DATE: DATE: DATE: Attachments: No. 1 - Consensus Alternate Plan No. 2 - Work Order No. TE-98-WM-06 :i ATTACHMENT 1 ATTACHMENT 2 WORK ORDER #TE-98-WM-06 Agreement for Fixed Term Professional Traffic Engineering Services Dated October 29, 1999 (Contract #98-2803) This Work Order is for professional traffic engineering services for work known as: Professional Services Agreement for Roadway ~llld Traffic Signal Improvements at Immokalee Road (C.R. 846) and Randall Boulevard. The work is specified in the proposal dated October 29, 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 # -IF, c.~m~l~- is assigned to: WilsonMiller. Inc. Scope of Work: As detailed in the attached Proposal dated October 29, 1999. Schedule of Work: Complete work as required by the bid schedule and within 125 days of the Notice to Proceed authorizing the start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated amount as indicated in the schedule below. Final Design Plans & Specifications Permitting Post Design Services Reimbursable TOTAL FEE $47,356.00 Lump Sum $ 4,092.00 T/M/E $ 3,284.00 T/M/E $ 500.00 T/M/E (Prints, Travel, etc.) $55,232.00 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 Schedule "A" of the Agreement. PREPARED BY: Dale A. Bathon, P.E., Traffic Operations Manager Date REVIEWED BY: Edward J. Kant, P.E., Transportation Services Director Date Date: Wilson Miller. In¢, Consultant ATTEST: (Corporate Secretary) By: Type Name and Title By: Type Name and Title EXECUTIVE SUMMARY APPROVE WORK ORDER # PW-BL-9916 WITH BOTNER LAND DESIGN, INC. FOR THE NORTH TAMIAMI TRAIL MEDIAN LANDSCAPE FROM SEAGATE DRIVE TO GULF PARK DRIVE. .O._B_,)ECTIV__E_:_ To rcceive the Board of County Commissioners' approval of Work Order # PW.13L-9916 for the Landscape Architectural Services tbr North Tamiami Trail Median from Seagate Drive to Gulf Park Drive. CONSIDERATION: Median Landscaping for North Tamiami Trail from Seagate Drive to Gulf Park Drive has been identified in the Collier County Streetscape Master Plan and is budgeted for the fiscal year 2000. This project is a 50/50 match between fund 322 Pelican Bay Irrigation & Landscaping System Analysis and fund 103 MSTD Road District 2 for a total amount of $502,000. At this time Pelican Bay funds are unavailable until an ordinance is passed changing the Pelican Bay District Boundaries. In order to keep this project on schedule Public Works Engineering Department recommends the use of County funds for the design. When the ordinance is passed, Pelican Bay will be responsible for the 50/50 matching funds for the project not to exceed $251,000. ~FISCAL IMPACT: Funds in the amount of $86,868 are available in MSTD Road ~ } (funding source is ad valorem taxes). A budget amendment is needed to transfer funds from improvements general 763100 to engineering fees 631400. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order # PW-BL-9916 and authorize the Public Works Engineering Department Director to execute said work order in the amount of $86,868 on behalf of the Board and approve the necessary budget amendment. }~SUBMITTED Peter S. Hayden, E.I.T., Project Manager Public Works Engineering Department /~f Bibby, P.E. Public Works Engineering Director DATE: Executive Summary US 41 Median Landscape, Project 60013 Work Order # PW-BL-9916 Page No. 2 REVIEWED BY: Edward J. Kant, 1~/~. / Tra,~sport atio APPROVED B '~~~~~~~~ Ed Ilschne'~-''~f - Public Works Administrator DATE: Attachment: Work Order # PW-BL-9916 NOV 2 3 1~99 PG._,_~. WORK ORDEr # PW-BI~-O016 Agreement for Fixed Term Professional 1,andscape Architectural Services Dated July 28, 1998 (Contract //98-2777) This \Vork Order is for professional en.eineermg servtces for work kno,.vn as Prc,.icct: Median l.andscap_e des_iRa for lin 41 from .qeagatt, Drive to Gl, If Park Drive. thc w,~tk is specified in Iht ptol~sal doled Oclp]!er I~ IqqO. which is allachcd hereto at~d made a pa~I t~l' Ibis \Votk ()~dcl. IH acct~rdauce wtlh Ihe Terms and Conditions of Ibc Agreement ret'created above, Work Order Il Pgv-III,-qql6 is assigned to Bother I,and Design Incorporaled. (Firm Name) Scope of Work: As detailed in the attached proposal and tile following: + Task I Grant Dnct]men~s and Snt)mitfal · :' Task l[ Services Daring Gran! Review {To be omitted if grant is not purstied after February 1. 2000) · ." Task 2.0 I'}ocllmc~lts + Task 3.0 Permilting + Task d.O Ilidding Schedule of Work: ('omplete work by June 30, 2001 if grant is approved. Conlplele work by November 15. 2000 if grant is not approved. This work is to begin after receipl of the Notice to Proceed. Compensation: In accordance wilh Article Five the Firm ~n accordance with the negotiated lump a task is time anti material, so indicale and Ilge Schedllle "A" of the Agrccmcnl). of tile Agreement, tile Connty .,viii compensate sum amount indicated in the schedule below (if the established ho~rly rate(s) as enl~merated in Task I $ g,0O0 Task II 5 4,725 (dS \rs Of $105/hrl Task 2 0 f, 22,1Rtl Task 3 0 $ Ifi,OIO Task 40 $ 6,680 Task 5.0 $ 2~,200 $ 75,520 (total lump sum) $ 4,725 (time & material) Rci;~hursablcs ~.=.~_, 8 q~ ........ Tf}T.,kL FEE '$ 86,868.00 Any change within monetary authority of Ibis Work Order made subsequent to final department approval v¢ill he considered an add~lional service anti charged according In Schedule "A" of lhe \ greelllet;1. Approved as to Form and Legal Sufficiency: .\ss,s,a,,, C',,,,,,t., .\,,,,.,~ .\( c'ILPl I ly IO, Lt.) ATTEST: (Corporate Secretary) P, otner I,and Desig, n Incorpnratd Name of I:irm .% i,,d n a t ti re 3IE~IOR:\ND[15I To: From: October 7, 1999 '99 1! 5.'Ir. Peter Hayden, Collier Catv. Public \Vorks Engineering Dept. George Bother, ASLA BOTNER DESIGN Incorporated Re: US 41 North Landscape Beautification Grant Dear Mr. ttayden: At your request, we submit the following scope of services and fee proposal to prepare and administer a Florida ttigh',,.'ay Beat,tification Grant Application for US 41 North Landscape. These services would be provided simuhaneously with Design and Permit services previously submitted for this roadway. SCOPE OF SERVICE Gran! l)ocumenl.q and Submitlal BI.D ,.',ill prepare the State o£ Florida Highway Beatification Grant Documentation in accordance ~.,.ith FDOT procedure and Florida Highway Beautification Council Selection Criteria. BLD will meet with FDOT oftScials as necessary during presubmittal to ensure an accurate and compelling grant candidate proposal. These services include assembly of all required documer]tation, coordination with County and State }:DOT officials, and preparalion o£a camera-ready document. These services would be provided shnuhaneously with Design and Permit work taking place For a conventional landscape development within Florida right of'way jurisdiction. The services would conclude upon submittal ot'the Grant Application ~o the FDOT Naples Mainlenance Yard on or be£ore February 1, 2000. Il. Services D,ring Granl Review BLD will administer FDOT review requests for information and communication of Grant Propc, sn[ intern as needed. The majorib' of these services xx'lll be proxided during the period Feb 1. 2000 and April 1 ~ 20~0 at which timetecl, nical permi~ information is finalized to completion of refinement to agreements in the Grant, and revising design documems to best match Beautification Council Selection Criteria. These services conclude upon announcement of Council rankings in July 2000. NOV 2 3 1S99 j P L A N N I N G & L A N D S C A P E A Rd H I TE-~~ : SUITE 172 COLLIER BUSINESS PI.AZA 3050 N. HORSESHOE DRIVE NAPLF..~ FLORIDA .':t4[04 o41.o4o.447o FAX o41.O4o.7027 Errmil Bom~Land(t?aol~m US 41 No. Landscape Beautification Grant October 7, 1999 Page 2 TER.XlS gLO will provide tile above services in accordance with tile terms of its Annual Consultant Agreement for Landscape Architectural Services with Collier County. Service Fees beloxv recognize that these services are in addition to ongoing design and permit ser~'ices for INs project which are tile subject ora previous proposal. Sen'ice Fee Schedule Grant Docun'~ent and Submittal Services During Grant Review S8,000.00 Lump Stlm S4,000-S5,000.00 Estimate Reimbt~rsable expenses are additional to Service Fee amounts and include items such as out-oiL town travel, long distance phone service, photography, reproduction and document binding. We estimate tile cost of reimbursables to be S2,500.00. BI.I) understands that Collier County may elect not lo pursue the Grant A, pplication beyond submittal preparation. Upon written notification prior to Feb. 1, 2000, BLD will suspend services igrequested to do so, at no penahy to Collier County. B[.D is prepared to comme~ce services immediat_dy upon receipt oFa corresponding Purchase Order £rom Collier Cotlnly. Respecthllly submitted; BOTNER LAND DESIGN, 1NC. George Bott:er ASLA President. RLA # 422 Pg. Scope of Services for Landscape Architectural $~ji~gs,: 9 as Supplemental Agreement"'-: ~-~ P?] !2 to Collier County Contract # 98-2777 "Fixed Term Professional Landscape Architectural Services" for North Yamiami hail Median Landscape: Seagate Drive to Gulf Park Drive, Collier County, Florida BOTNER DESIGN Incorporated October 1, 1999 1.0 ASSUMPTIONS 1.1 Bother Land Design has previously prepared Base Plans, Planting Plans and Traffic Control Plans for the referenced project under agreement with Pelican Bay Property Owners Association. 1.2 Florida Department of Transportation (FDOT), Collier County Transportation Department and Collier County Development Services Department have regulatory authority over design, construction and maintenance of landscape within the right of way. 1.3 Irrigation water supply source will be provided by Collier County and that the supply source will be non-potable to the extent that a non-potable supply is available in quantities required. 1.4 Collier County will enter into a maintenance agreement with FDOT for ongoing maintenance of landscape improvements. 1.5 Collier County Public Works Engineering Department (PWED) is the counts' project manager for this work 1.6 Construction Document formats shall be provided by PWED consistent with Collier County proceedure but will be assembled and administered by Bother Land Design for action by PWED. 1.7 This is a lump sum service fee proposal by Tasks as described herein with fee derivation back up as shown in an attached Service Fee Matrix.. 1.8 All services will be provided in accordance with terms contained in Collier County Contract #9R-2777" Fixed Term Professional Landscape Services." 20 PLANNING & LANDSCAPE £UITE 172 COLLIER BUSIN[:-c,S I'LAZA 3050 N. ItORSESItOE DRIVE NAPLES FEORIDA 34104 SERVICES 2.1 Pie Plan Submittal and Evaluatio:~. BLD will assemble complete planting plan documents, cover sheet, and Traffic Control Plan and submit same to FDOT District One, Collier County Transportation Department, and Collier County Landscape ,Architect ( Community Development Services Division) for review and comment. NOV 2 3 1599 ARC HI ~4t.o49.4470 F~ ~1~64a.7o27 Email North Tamiami Trail Median Landscape October 1, 1999 Page 2 BLD will meet with each agency to review plans at time of submittal and at time of review results received from agencies. Following review results, BLD will convey comments and recommendations for plan updating to PWED for approval prior to commencement of revisions. 2¸2 Pla:: Update and Additional Documents Pret?a:ation 2.2.1 Plantine: Plan, Cover Sheet, Traffic Control Plan Update. 2.2.2 2.2.3 2.2.4 2.2.5 2.2.6 2.2.7 BLD will revise existing documents consistent with reviews received and with approval of ' PWED. Irrigation Design and Plans Preparation. BLD shall prepare conventional (spray) irrigation plans consistent with planting plans. Concrete Curb/Curb and Gutter Design. BLD will administer civil engineering plan and specification preparation as necessary to complete curb and gutter work of medians in the project area. 2.2.3.1 BLD will retain the services of a Florida registered civil engineer for this work and will incorporate this work in permit documents for a comprehensive set of construction documents. Technical Landscape Maintenance Plan. This document will be updated and made a part of landscape specifications. Directional Bore Plans. BLD v, ill prepare plans and specifications as needed to install casings for irrigation and electrical serx, ice to medians and will coordinate same with Collier County Utilities and Pelican Bay Services DMsion as required. Technical Specifications. BLD will prepare all relevant technical specifications as needed to support plan documents. Cost Estimates. BLD will prepare cost estimates for review and approval by PWED prior to permit submittals. 3.0 FDOT 3.1 3.2 3.3 GENERAL USE PERMIT PREPARATION AND PROCESSING BLD will prepare a permit application for improvements described above with attendant specifications and submit same to FDOT District 1 Maintenance Yard. Collier County will provide authorization as needed along with the maintenance agreement previously referred to. Collier County Depa~lmeat Reviews BLD will (simultaneously with FDOT) submit plans and specifications to Transpo?, atio..~ Depa~lment and Collier Co, mty i.andscape Arci~itect for review and comment. PWED will assist with liaison to these two agencies. Comment Evaluation and Incorporation BLD will process comments from FDOT and Collier agencies for evaluation and incorporation into revised documents. Refinements and adjustments will be made as needed to: accomplish successful F, ern,,itting. A maximum of 20% amendment to submitted document is provided for without requiring adjustment of this agreement. NOV 2 3 1S S North Tamiami Trail Median Landscape October 1, 1999 Page 3 4.0 BID PHASE SERVICES 4.1 Bother Land Design will prepare bound bid documents including: A.) B.) C.) D.) E.) F.) G.) H.) I.) J.) K.) L.) M.) N.) O.) P.) Q.) Instructions to Bidders Bid Proposal Form Bid Schedule - Unit Price Format Bid Bond Form Bidders Check List Construction Agreement Public Payment Bond Public Performance Bond Insurance Requirements Release of Affidavit Form Application for Payment Change Order Certificate of Substantial Completion Final Payment Check List General Terms & Conditions Technical Specifications Plans & Construction Details 5.0 CONSTRUCTION ADMINISTKATION 5.1 Botner Land Design will process or review requirements of the construction contract including the following: A.) Inspection Reports B.) Periodic Reports, weekly C.) Requests for Payment D.) Requests for Clarification' E.) Product submittals F.) Test Reports - request, secure, evaluate, correspond G.) Change Orders H.) Contract Addendums I.) Project Close Out - Certificates and Final Payment J.) Correspondence with FDOT, District One Landscape Manager 5.2 Periodic Inspections Bother Land Design w ill visit the site and meet with the contractor/PWED on the following schedule: A.) W::ekl>' Pro]ed Pr(,grcs~ ~eting B.) Weekly inspections of work C.) Substantial completion inspection (semi-final) D.) Final inspection E.) Plant/Inspection Selection Bott, er Land Design v~i!l visit the site of supply for major t:ecs and palm materials to determine compliance with project specification and quality standards. I NOV North Tamiami Trail Median Landscape October 1, 1999 Page 4 5.3 90-Day Warranty Inspection Botner Land Design will co-ordinate a 90-Day Warranty inspection with PWED and FDOT, participate and prepare follow-up memorandum to conclude contractor obligations under the contract for construction. TERMS Ali tern;s, conditions, and service fee hcurly rates shall be as provided for within Collier County Contract #98-2777. Service fees by Task are as shown below in "Fee Schedule." This fee schedule was guided by professional hourly rates estimated by task as shown on the attached "Service Fee Matrix by Task". FEE SCHEDULE TASK LUMP SUM FEE 2.0 Documents 3.0 Permitting 4.0 Bidding 5.0 Construction Administration Subtotal, Service Fee Reimbursable Expenses ~ 5% of Service Fee Total Fee this Contract $22,180.00 $10,910.00 $ 6,680.00 $28,200.00 $67,520.00 $ 3,398.00 $71,368.00 Contract Administration assumes a 5-month contract for construction from Notice to Proceed through Final Completion. If additional time is required, Contract Administration and Periodic Inspections lumpsum fee amounts will be adjusted as mutually determined by BLD and PWED. Respectfully submitted and agreed: BOTNER LAND DESIGN, INC. George Bother ASLA Prcsident, RLA # 422 NOV 2 3 1999 PG. ~ BOTNER DESIGN Incorporated DATE: October 1, 1999 SERVICE FEE MATRIX BY TASK North Tamiami Trail Median Landscape HOURS (EST.) BY STAFF ITEM Principal ($105/hr) Associate ($55/hr) Clerical ($30/hr) $ Subtotal Hours/Fee Hours/Fee Hours/Fee 2.1 Pre Plan 10 = $1,050 2 = $110 4 = $120 $1,280.00 2.2.1 Plan Update 10 = $1,050 30 = $1,650 8 = $240 $2,940.00 2.2.2 Irrigation 20 = $2,100 40 = $2,200 8 = $240 $4,540.00 2.2.3 C & G 4 = $420 8 = $440 4 = $120 $980.00 2.2.3.1 C.Engineer En~lineer Sub contractor ( see proposal) $2,500.00 2.2.4 Maintenance 4 = $420 4 = $220 4 = $120 $760.00 2.2.5 Dir. Bore 8: $840 20: $1,100 8 = $240 $2,180.00 2.26 Tech..Spec_s. 20= S2,100 20= $1,100 40= $1,200 $4,400.00 2.2.7 Cost Est. 12 = $1,260 20 = $1,100 8 = $2~0 $2,600.00 S.T. 2.0 DOCUMENTS TOTAL $ ?iii? $22,t80,00:::i 3.1 FDOT Permit 16 = $1,680 16 = $480 $2,160.00 3.2 C.C. Reviews 20 = S2,100 20 = $1,100 20 = $600 $3,800.00 3.3 Revisions 20= S2,100 30= $1,650 40= $1,200 $4,950.00 S.T. 3.0 PERMITTING TOTALS 4.1 Bid Docs 20 = S2,100 10 = ' $550 40 = $1,200: $3,850.00 4.2 PreBid 4 = $420 2 = $110 6 = $120 $650.00 4.3 Addenda 4 = $420 4 = $220 8 = $240 $880 00 ,~.-~ Evaluation 8 = $840 4 = $220 8 = $240 $1,300.00 5.1 ContractAdmin. 100= $10,500 60= $3,300 60= $1,200 $15,600.00 15.2 Inspections 50 = $5,250 50 = $2,750 60 = $1,800 $9,800.00 5.3 90-Day Warranty 16 = $1,680 16 = $880 8 = $240 $2,800.00 rS.T. 5.0 CONSTRUCTION ADMINISTRATION TOTAL $ ~:::.i~::$28,200.00 ~t~ LUMPSUM SERVICE FEE $67,970.00 NOV 2 3 1899 ~. /0 PLANNING & LANDSCAPE ARCHITECTURE SUITE 172 COLLIER BUSINF~qS PI~ 3~)~ N IK)~qF~qHOE DKIVE N~l.~q FLO~DA 34104 o41.(~c -~47~, I:~X o41.o40.7o27 Email Bo~~ D,~ve opment & l_ ~,. ~ · l/.. -~,.EnvironmentalConsultanls R%% A I.c. Project # ('lient P¢}~ / Project # ('lit. hr ~ 99-0169 133 SHORT FORM CONTRACT AND AUTHORIZATION FOR THE PERFORMANCE OF PROFESSIONAL SERVICES Project Name: US 41 North Median Client Name: Bolncr Land Design Client Address: 3~51~ N Horseshoe Drix¢ $1.111¢ 172 Naples. Florida 34 Billing Address: Same as Client Propert)' O~ ncr of Record: Scope of \\'ork: Task Civil Engincerint~ Design 01 {)) Prox ldc Gcn~'r:d Consul',mon alld kmmcd Design Snppon for Mcdmn Improx cmcnts [ AA IIItt?tl'~ ~tt ~ tO 'lult'('ad 31a~lcrt,latt to bc prm'ided &r H,~tut'r I. tmd Dc.~ign b) I:DOT Permit I'rq~aration attd Supp~rt will nt~t be required l)~te: 91799 Client Contact: G¢or~2¢ Bother Phone: 94 ] F~x: 94 ] -(Mg- 7I%27 Email: I.~M'. By: Chr,stophcr O Wrr'.:h! k E Fee Type & Estimate: T '.1F '1 ~mc & k ~ .~,.:'d Fcc ..',.m Total Co~nbincd Fee: S2.500 52.50b Client Authorization: I x~aiTan! and rcprcscn! Ih;il [ lull aulhoriTcd lo cnlcr inlo this contract for profcsgion;d services, and thai ] hcrcbs authorize tile pcrlbnn:mcc ortho above scrx'lccs ;llld agIcc to p;i)thc charges rcsulling J~olll Iht pcrJ~HllallCC o[Ihe sct'vicc~ ill accordallCC wilh the ;dt:tchcd rate code scJlcduJcd I:LIIIIIc~]Ih)I'C ] h;Ivc read. ulldcl'Slalld ;llld ;tgi'cc Io Ibc slluldard ~clqlls alid J~tlSillCSs ~olldiliollS illcJudillg Sig,,at,,rcandTnlc ~ NOV 2 3 IS99 Authorizahon Includes Acceptance of Attached Standard Terms and Business Condihons and Fee Schedule 3050 North Horseshoe Drive, Suile 270, Naples, Florida 34104 · (941) 649-1509, tax: (941) 649-7056 · www.consult-rwa.com R\VA l~c. Rate Code and Fcc Schedule E[fective November I, 1998 100 101 102 103 ',?4 105 t06 PROFESSIONAL CONSULTANT Consultant I Consultant I! Consultant Ill Consultant IX,' Consultant V Consultant VI $ 55/HR $ 65/HR $ 75/HR $ 85/HR $ 9S/HR $105/HR 110 111 112 113 114 115 120 21 TECHNICAL SUPPORT Technician ! Technician II Technician II1 Technician IV Technician V ADMINISTRATIVE SUPPORT Administrative Assistant 1 Administrative Assistant 11 Secretar3' 1 Secretarx II $ 40/HR $ 48/HR $ 55/HR $ 65/HR $ 75/HR $ 40/HR $ 45/HR $ 30/HR $ 35/HR 130 31 34 35 36 SURVEY FIELD CREWS Field ('[-exx l Field Crew !I Field Crew Ill Field Crew I Field Crew [I Field Crew 111 65,'ltr 75/HR 85/HR 75/I tR 85 '1 tR 95/HR 6OO 602 60?. 604 605 606 607 EXPENSE ITEMS \chicle Frax el Ietter or Legal Copies 24"'.:,(C N]? %' Ploi 24"x36" Vellum Plot 24"x36" Paper Plot Black and White Graphics (24" x 36") Color GrapI;ics (24" x 36") $ .3 I/MI $ 10/EA $ 6/EA $ 4/EA $ 8/SF $ l O/SF NOV 2 3 I$s9 [ Standard Busine~,s Terms and Conditions [hose Sta~&rd I ~, ;,~. ~d J~L]~i~less ConditiOllS are allached to. and made part o[ Proposals and A~reemcnls for ~e~ iee~ by RWA Inc. the l)esi~n Professk~nal. Access 1o Silo: kYnlcss othcrx~i~,c sta~cd, thc l)csign Professional ,,',ill haxc access to thc silo for acli',itics ncccssaD for thc pcrl'ormancc of thc scrx ict:s. 'rhc Design Professional x~ill take precautions to minimize damage duc to Ihesc acm, itics, but has nol included in the fcc tht: cost of restoration of an.~ resuhing damage Dispute Resolutiun: Anx claims or disputc~, made during design, conslruclion or posl-cc~nstructmn between file Client and Iht Design Profcssio~:~t shall be submiu¢,J suppliers and hbricat{,rs, thcrcb5 provldmg lb[ mediation ~ thc pnma~ mcfl~od Ibr dispute rcsolutkm bclx~ccn all parties. IlilJlit~s ~l)a) me n lq: hmo arid Mutcr~l [xpcn~c~ ('1/M/E) ~ccs slull b~ billed momhlv or b~cd on lh~ lime ~nd m~lc~i~ls expenses recurred to thc billin~ d~tc. plus reimbursable cxpcmcs, m accordance x~itb the lbtc Code Schedule in dt~'ct at thc time scr~ ices arc rcudcrcd An5 'I'/M/E estimate is for in~brmatioual purp~c~ Ihc actual l~c max be more or less than thc ~slm~atc and is based on thc Rate Code Schedule m cfl'cct at ibc time scr~ icc~ arc rc~dcrcd lun~p ~um lk'cs shall bc billed monthl5 b~,cd on a percentage of thc Design Professional's agreement scopt: completion. Invoices for thc I)c>i~n Prd'c~ional's ~c~ccs ma) bc ~ubm~tlcd. at thc Dc>~gn Prol~ssional's option, upun or,repletion ofsc~'ices. Invoices shall bc pusablc ~ ~thm 3r~ da5~ alicr the in~oice dale l'hc progress ~f thc l)csign Prol~ssJonal's sc~'Jce requires prompt pasmcnl. Past duc amount~ max incur a ]~Ic Icc uf I 5 °o per month and thc Design J'ro~s>tonal cai1 upon Clx lng 7 daxs xxrillcn not,cc Io client suspend sc~'~ccs untilpaFmentis full i> rccc~cd Rctaincrsshallbccrcdilcdonthcfinalmsoicc The Designl~rolkssionallhcntttlcdtocollcctrcasonab]ct~c~ alld co,ts, includm~ ~ullc~lmn a~cnc}, attorncx's I~cs and mlcrchl ~ rcqmrcd Io oblalll collection of an) l~c~ under this agrccmclll Reimbursables: ?rqiccl related cxpcn,c, -uch a~ Iran<potation. ~bod and Jodgin~ pc~qa~c. ~bipping. document reproduction ;md commt~lic;llion char~cs shall bc Permit a,d ~pplicati,m [ce,,: CIicul '.ti;ill p:l\ all pcrr]~', and applm~tion fees required ~r pro. jeer appr,,~ al, directh to thc authoril5 has ing_iurisdiction. Thc ('hcnl d~all, t~, thc ll;~r.I cxtcm pcrnutlcd bx b~. mdcmmlX and h. ~J harmless thc I)c~ign }'rol'c~h~t~nal. hb or her officers dircclors. cmplgcc~, a2cnh and -Lih-fo[lqlJlaIlb from alld a7[1i1151 all damage. ]tahhtx and cost. including rcasouablc allornc} 's J~¢~ itlld dclb~sc curb. arising out t~for m ank wax connected ~ ilh thc pcrlbrmancc b) an> t,~' thc panics above named of thc sc~ ices under this agreement, excepting OllJ} lllosC d;ml;~c, ]labJ~tlIcx ~,r coqs allribtllablc 1o thc 5olc ncghgcncc or ~illt'ul llliSCollduct oJ'lhc l)csign ProfcsSiOllaJ gLiaralllcclllg or ~ar[all[I:12 thc UXI~ICI1CC O[ColldltiLIIIS ~}105C cxlqcrlcc thc l)csigu ProJ~ssional callnu[ ilsccflaln I,imilali...f Ibhilit>: In rccogmtton ol'thc rd:m\ c ri:.ks, rc,.~ard~, ai~d hcnclit5 of thc pro.lCe~ Io both thc ('licnl and thc I)csiLm I>rolbssion:d. thc risks have bccn allocalcd ~uch th,ii t?~c khv~: ;tsrcch ih,tr, l~ thc It~llcst cxlcnt pcrmllkd b~ ]:m. Ibc Design J~rt~l'cssitmal's tolls[ I~ahdit5 to tt~c Client ibr an) and all injuries, claims. Josses. cXpCllSCS, damages or claim expenses arising oul of this agrcClllCllt l~om ally CaLISC or elitists, shall ilOl exceed 51 0.0(10~ Such cae>cs include, but arc nol limited to. Ihe Design Profc>,ional's negligence, t:rrors, omissions, strict liabilil5, breach ol' contract breach of x~ arranl> 'l'erminalitm uf Sen ices: This agreement mit\ he ~crn~in:~cd hx thc Client or thc I)esign Professional should tile other l~il to pcrfi~rm it~ obligations lhcrcundc[ In Ibc :5,1! tlo_,l~l,ellb product, d b\ thc i)cs~L.:n l'rol~:s:,lonal undcl this agrccnlcnt ~,hall r4111:.llll thc prol',crt) ol Iht Design Prol~:ssional ,,fid m,'l\ ilut be used bx Iht (.'hell! lbr anx t~thcr c/Idea\or \\ithout thc \vrittcn Ct)liSClll of thc Design Professional. Sll J)-c(}ns u lla n l Sub-consulla~l conlracl~, \~ i!l bc admmislcrcd al a cosl of 15% of thc sub- consultant contract Iix. ,-~.ll o.r ne)' I:ees ~llotlJd Jiligallon itl i~,c ;elated lu :,er\ices under I. hls ,',.glccnlCht. tilt.' pl,..~,ilihllg l',illt.~ Ih entitled ltl recover i'casollil[lJc o.)sls including staff lilllc. court cosls, allornc~ [ecs arid rclalcd cxpcllsc.q. I'rojecl l)d:J) s Thc cJit:llJ recount/cs and a,.z'rccs that x arit~us liictors oulsidc of thc control {,1' I)csi~n I'rolbssional can delay iht pcrlbrmancc t~~ isStgl~CC of per;ri,ts and lic~.nscs, and Iht overall ctmslruclJon of thc project Thc~C'licnt a~rccs lhal it ~1~[~11 ~ot be cnlillcd I~ ~ cbi~f:~i~2-;, lw~r ~ · 'g ' -', ' , · ".'.' , · "'-'-'," ','-,' '. [ NOV 2 3 1BsB ..... EXECUTIVE SUMMARY APPROVE A FIRST AMENDMENT INSTRUMENT TO THE 1998 AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT WITH LONG BAY PARTNERS FOR LIVINGSTON ROAD CONSTRUCTION NORTH OF IMMOKALEE ROAD, PROJECT NO. 65041. OBJECTIVE: Board approval of a staff initiated contract modification with Long Bay Partners, LLC, for construction of Livingston Road between Immokalee Road and the Lee/Collier line. CONSIDERATIONS: On November 10, 1998 under Agenda Item No. 8(B)(1) the Board entered into an Amended and Restated Developer Contribution Agreement with Long Bay Partners, LLC, (LBP) to effectuate final designs and construction of Livingston Road north of Immokalee Road. The originating Agreement with LBP is dated February 17, 1998. The Amended and Restated Developer Contribution Agreement (DCA) is essentially a public/private partnership with LBP, and is being successfully implemented by the parties. Collier County is obligated to complete the design, permitting, and right-of-way acquisition functions by December 31, 1999, and LBP is bound to construct two initial lanes of Livingston Road on a time certain schedule in exchange for Road Impact Fee Credits. All engineering and project management activities by the County are proceeding on schedule with a cooperative oversight by LBP representatives. LBP, as the construction manager for Livingston Road, is expected to commence construction within 45 days. In accord with the DCA, road construction shall be undertaken in two time-phased segments: Road Segment Length Construction Start Estimated Cost Phase I 2.6 miles Prior to 12/31/00 $3,246,470.00 Phase II 0.47 miles Prior to 12/31/01 $ 591,830.00 Totals 3. 07 miles N/A $3,838,300. O0 In recognition that projects are almost always accomplished with changes in design and/or construction scope and cost, staff proposes that the DCA be modified by a First Amendment instrument to clarify certain obligations by LBP and to enable staff to administrate contractual related changes during construction. The attached First Amendment contract modification with LBP contains the following key provisions: Defines final right-of-way and easement requirements along LBP's Mediterra PUD; Establishes responsibilities by LBP for possible additional design and permitting costs attributable to developer road alignment changes along and south of the Mediterra PUD; Sets forth an understanding for the County purchase of right-of-way on additional lands acquired by LBP subsequent to execution of the DCA; Declares the possibility of LBP formally proposing roadway landscape improvements; Expands right-of-way conveyances by LBP to also include the simultaneous conveyance of necessary right-of-way along the east/west segment of Livingston Road; ~.G,r '~;, ,. , ~, - NOV 2 3 1899 pc,. ! Executive Summary --- Page 2 Livingston Road First Amendment 6. Establishes responsibilities by LBP to convey preservation areas for County's permit obligation due to developer requested alignment and right-of-way changes; 7. Delegates authority to the County Administrator, or his assigns, to negotiate and enter into future modifications to the DCA pertaining to technical matters, project delays, and the payment of costs to design and construct Livingston Road; 8. Provides that LBP agrees to commence Phase II roadway construction concurrently with Phase III (from the Lee/Collier line to Bonita Beach Road), but no later than the original obligated DCA date of December 31,2001; and 9. Clarifies two original DCA paragraphs pertaining to road impact fees, whereby Collier County shall also apply area-wide collected fees to the Phase I Road Impact Fee Credits not utilized by LBP for development of Mediterra. The First Amendment instrument for Livingston Road serves as a proactive measure to clarify and enhance the contractual relationship with LBP through construction, and is thus in the best interest of Collier County. Staff recommends its approval and execution by the Board. ~xFISCAL IMPACT: There is no planned expenditure of additional funds as a result of the recommended First Amendment instrument. Outlay of monies for Livingston Road construction shall be made by LBP in accord with the November 10, 1998 DCA. GROWTH MANAGEMENT IMPACT: The construction of Livingston Road is consistent with the County's Growth Management Plan. This project is shown on the Year 2020 Roadway Needs Network Plan as well as the Year 2020 Roadway Financially Feasible Network Plan. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment instrument with LBP,~and direct its Madam Chairwoman to execute same in duplicate originals. ~ SUBMITTED BY: ~'~'>"~' '" Date: ?////'t9/77, Vladimir A. Ryziw, P.E., RMt~, Pr6'ject Manager III Public Works Eneineerine Department ~f_f Bib~y, P.E., D~i_recto¢' __ 'Pu~b~rks F~ee~/r~ ~e~nt Edward J. K~irector APPROVED Ed Ilschner, Administrator, Public Works Division Date FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER CONTRIBUTION AGREEMENT is made and entered into this __ day of , 1999, by and between Long Bay Partners LLC, a Florida limited liability company, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134 ("LBP"), and Collier County, Florida, a political subdivision of the State of Florida, whose address is 3301 East Tamiami Trail, Naples, FL 34112 ("County"). WHEREAS, the parties entered into the Amended and Restated Developer Contribution Agreement on November 10th, 1998, which was recorded at OR Book 2494, Page 1704, of the Public Records of Collier County, Florida; and WHEREAS, the parties desire to amend and clarify their duties with respect to the Amended and Restated Developer Contribution Agreement. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which is mutually acknowledged, and in consideration of the covenants contained herein, the parties amend the Amended and Restated Developer Contribution Agreement as follows: 1. The above recitals are true and correct, and are herewith incorporated as part of this First Amendment and the Amended and Restated Developer Contribution Agreement. 2. The Westerly right-of-way line of Livingston Road for Phase I and Phase II shall be located 100 feet west of the quarter section line (Township 48 S, Range 25 E, Section 12) and the Easterly right-of-way line shall be located 50 feet east of said quarter section line (hereinafter "North/South Segment"). 3. No changes shall be made to, nor shall additional right-of-way be secured east of the quarter section line (Township 48 S, Range 25 E, Section 13) at the southeast comer of the intersection of the North/South Livingston Road and the East/West Livingston Road. However, if the engineering of the alignment through the cross intersection cannot be accomplished within the originally designated right-of-way west of the quarter section line, Collier County will acquire additional right-of-way east of the quarter section line at the southeast comer. Further, there may be a need to provide for an additional 15 foot utility easement outside the North/South Segment north of the East/West Livingston Road on either or both sides of the quarter section line. 4. LBP accepts responsibility and accountability for all resultant design schedule delays, design cost increases and additional permitting costs only to the extent that such impacts were caused by shifting of the pavement to the east and into the 50 foot strip east of the quarter section line as shown in the revised cross-section. 5. Should LBP acquire land east of the quarter section line, LBP will convey that land for a price which is not greater in value than the land that is to be conveyed by LBP to the County west of the quarter section line. ~0. 2 ! 6. LBP agrees to accept all additional design and construction costs as a result of and caused by the meandering roadways proposed by LBP south of the cross intersection of North/South Livingston Road and the East/West Livingston Road for no additional road impact fee credits. 7. LBP agrees not to pursue any further project changes that will result in delays of completion. However, the parties may enter into an amendment to this Agreement addressing roadway beautification. 8. LBP agrees to expedite all required fight-of-way and easement conveyances pursuant to the Amended and Restated Developer Contribution Agreement to Collier County along the North/South alignment of Livingston Road North of the intersection of North/South Livingston Road and East/West Livingston Road as well as east and west of said intersection. Such right-of- way shall be conveyed concurrently, if possible, as a single group/transaction to avoid replication of administrative and legal tasks and costs. LBP shall receive road impact fee credits for all land conveyed to Collier County in accordance with the Amended and Restated Developer Contribution Agreement. 9. LBP agrees to cooperate with Collier County to minimize all permitting impacts, particularly with regard to necessary conservation easements on lands that LBP owns. The US Army Corps of Engineers (Corps) permit #199001402 issued 12/1/95 for Livingston Road requires preservation of a total of 0.8 acres of wetlands within areas designated as wetland numbers 26, 27, 31, and 32 in the permit drawings. The South Florida Water Management District (SFWMD) permit #11-01359-S issued 10/12/95 for Livingston Road stipulates preservation of a total of.03 acres of wetlands within areas designated as wetland numbers 31 and 32 in the permit drawings. LBP shall provide preservation of wetlands within LBP property boundaries in a manner that adequately satisfies the requirements and stipulations of the Corps and SFWMD permits cited as regards to preservation of the wetland areas and acreages mentioned above. LBP shall convey these required preservation lands to Collier County in conservation easements or in fee simple. Should the site permits be modified by LBP in the future such that the described wetlands preservation area are no longer required, LBP shall no longer be responsible for said preservation nor shall LBP be responsible for conveyance of preservation lands. 10. In the event Collier County is unable to acquire additional right-of-way at the southeast comer of the intersection of NorttgSouth Livingston Road and East/West Livingston Road, after diligently pursuing the acquisition, LBP agrees to convey all necessary additional fight-of-way at the northwest comer of the intersection of the North/South Livingston Road and East/West Livingston Road. Such additional fight-of-way shall be conveyed to Collier County pursuant to the terms of the Amended and Restated Developer Contribution Agreement. 11. In the event that this First Amendment to the Amended and Restated Developer Contribution Agreement and the Amended and Restated Developer Contribution Agreement conflict, this First Amendment shall supersede the Amended and Restated Developer Contribution Agreement. 12. The County Administrator, or his assigns, is delegated the authority to negotiate and enter into further amendments to the Amended and Restated Developer Contribution Agreement pertaining to technical matters, project delays, and the payment of costs to design and construct Livingston Road. [ N0. A~745 ~/,t)'-- ?- NOV 2 3 1999 13. Paragraph 10 is amended in its entirety to read as follows: The County's commitments for Phase II of Livingston Road construction shall be identical to the County Phase I commitments including the cost of right-of-way acquisition, costs and applications for construction plans and permitting, including the costs of mitigation and shall be completed by December 31, 2000 with the exception that any required permit modifications from the South Florida Water Management District and the US Army Corps of Engineers for Phase II shall be secured by December 31, 1999. Upon completion of the Phase II road construction and acceptance by the County, the County shall be responsible for maintenance of the Phase II road construction. 14. Paragraph 11 is amended by adding the following Subparagraph (c): Phase III of Livingston Road is the construction of the portion of the roadway in Lee County connecting Livingston Road to Bonita Beach Road. Provided that the County has performed all its Phase II commitments, LBP agrees to commence Phase II construction at the earlier of the commencement of the construction of Phase III or the date set forth in Subparagraph (a) above. 15. Paragraph 21 is amended in its entirety to read as follows: The County shall apply all road impact fees collected by the County for properties located within the area described in Exhibit "E" to the Phase I Road Impact Fee Credits not utilized by LBP for the development on the Property ("Unutilized Phase I Road Impact Fee Credits"), Future Phase I Road Impact Fee Credits, and Phase II Road Impact Fee Credits issued to LBP pursuant to this Agreement. Upon application by LBP, the County shall forward to LBP, on a semi-annual basis, said road impact fee payments received by the County. 16. Paragraph 22 is amended in it entirety to read as follows: No sooner than five (5) years from the date of this Agreement upon written application made to the County by LBP, the County may, within sixty (60) days, refund to LBP monies equal to the then current road impact fee credit balance. In the alternative, the County shall continue to permit LBP to utilize or assign any remaining road impact fee credits and the County shall continue to apply all Road Impact Fees collected by the County pursuant to the provisions set forth in Paragraph 21. 17. The obligations of the Developer hereunder are conditions to development and are not unconditional absolute obligations of the Developer. The parties hereto acknowledge section 190.002(s)(c), Florida Statutes, as amended, which provides that independent special districts are a legitimate alternative method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community development. Any Developer N 0 V 2 PG. obligation herein may be undertaken alternatively by a community development district established by County ordinance or State role pursuant to Chapter 190, Florida Statutes. 18. Except as stated above the terms and conditions of the Amended and Restated Developer Contribution Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. Attest: Dated: DWIGHT E: BROCK, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney By: PAMELA S. MAC'KIE, Chairwoman WITNESSES: Print Name: LONG BAY PARTNERS LLC, a Florida limited liability company By: BONITA BAY PROPERTIES, INC., a Florida corporation, its Managing Member Print Name: Ruby,-, L. Gih,iu. STATE OF FLOI~A COUNTY OF ~ /_, The fo,r~gging,, instrument was acknowledged before me this of ~'~-~ 199 byVJ~q~/t ~N--¢~,~/' L6¢/'~ ~/&/'¢ ofBonita Bay Properties, Inc., a Florida co~oration, M~a~ng Member of Long Bay P~ers LLC, a Florida l~ted liabiliW comply, on behalf olde co¢oration ~d l~ted liabili~ comp~y.~e ~is personally ~o~ to me ~ ~ h~ ~oduced ~ver's license no. as i~. FADATA\WPDATA\LITIGATE\LONGBAY',AMENDMEN.WP 8 NOV 2 3 1S99 PG. EXECUTIVE SUMMARY APPROVE THE PURCHASE OF ONE (1) GRADALL HYDROSCOPIC EXCAVATOR ON STATE CONTRACT OBJECTIVE: Obtain Board approval to purchase one (1) hydroscopic excavator from The Gradall Company on Florida State Contract No. 760-001-99-4. CONSIDERATION: 1. An excavator is required by the Road & Bridge Section to maintain and improve road drainage throughout the County. 2. The age (9 years) and poor condition of the current excavator justifies the purchase of a replacement unit. 3. This replacement hydroscopic excavator can be purchased from The Gradall Company under Florida State Contract No. 760-001-99-4. FISCAL IMPACT: Funds for the purchase of the hyroscopic excavator are budgeted in the Road & Bridge Fund in the amount of $179,593.50. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the purchase of one (1) hyrdroscopic excavator from The Gradall Company on Florida State Contract No. 760-001-99-4 in the amount of $179,593.50. L~e SUBMITTED BY: Date: Superintendent RFX.'IF. WED F~¥: _~7,~.~_~i~: ...... ? ...... :~:.~':Z : Step~cn Y. C~nell, Pu~i~/GS Director ~VEIWEDBY: ~~~ ~ Date: Edward J. K~ ~r~sponation Se~ices Director APPROVED B~ ~ Ed Ilsc~er,~lic Works Administrator _ ..... _,.. _L__:.~'7/'' Date' Date://'*--/t9 '-~ ~ NOV 2 3 1999 Sent By: OS EOUIPUENT,.. INC.; 181324B4971; OCT ~5'99 i~:4 FR GR~DALL G~033~8~8 ~DO 339 0ct-25-99 7:02PU; 84BB TO GRER] S TRr~PA Page 1/I I L I I L. IlL JIIIII___ [111 I ~ml~ I I IIIII _ _ IlK Mr, Hendry, The ~lowing t~ the p~i¢l~ for the above refere~ce~ request NET PRICE' FOR GRADALL G3WD 4X4 AT FLORIIiA STATE BASE IIPECIFICATION If I cBn ba ~ 77~t! ~103~029 AiR CONOITIONING SEAT BELT TOTAL I.I~T PRICE OF R~QUESTED ADD'L OPTIONS LE~S 7% STATE CONTRACT DISCOUNT TOTAL N~[T PRICE OF REGUESTED ADD'L OPTIONS TOTAL NET FOR MACHINE WITH OPTIONS 130,00 ?.gS0.00 556.60 )1' an'/further a$$istance please let me knew. cc: File R. Fer~mda, Jr. K. Bailey S172,200,00 _ 7,393.60 $179,S63.60 LNOV 3 2 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RE-OPEN A PURCHASE ORDER CLOSED BY MISTAKE DURING THE END OF FY'99 PURCHASE ORDER CLOSURES FOR CAMP, DRESSER & MCKEE PO#703938 OBJECTIVE: To obtain Board approval to transfer funds from Water Capital Reserves into the NCRWTP - 8MGD Expansion project for Camp, Dresser & McKee to reopen a purchase order closed by Finance by mistake during the year end close out of purchase orders. CONSIDERATION: . Each year the Finance Department manually rolls purchase orders for projects that are requested to remain open into the next fiscal year. By doing this the purchase order remains open and the vendor can continue his work under the same purchase order until the project is completed. Because of the amount of purchase orders that are rolled each fiscal year, sometimes a purchase order is closed by mistake. Purchase order #703938 for Camp, Dresser and McKee was closed by mistake. Currently in the FY'00 budget there are not enough funds to reopen this purchase order. A budget amendment is needed to transfer funds from reserves into the project so that this purchase order can be reissued. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $86,985.43 from Water Impact Fee Reserves into the North County Regional Water Treatment Plant 8MGD Expansion Project #70859. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the necessary budget amendmcnt. SUBMITTED BY: '.:? ~. !/ ~ (f ;;: ( ; Sharon Newman, Accounting Supervisor Public Works Engineering Pete Schalt, P~., Project Manager Ii Public Works Engineering Dep~ent P'~ ~ublic Works Engineering Dep~ment Public Works Division EXECUTIVE SUMMARY APPROVE THE PURCHASE OF ONE (1) ARTICULATED MOTOR GRADER ON FLORIDA STATE CONTRACT OBJECTIVE: Obtain Board approval to purchase one (1) articulated motor grader from L. B. Smith, Inc., on Florida State Contract No. 760-360-050. CONSIDERATION: 1. A grader is required by the Road & Bridge Section to grade roadways in order to maintain the County's right-of-way infrastructure. 2. The age (twelve years) and poor condition of the current grader justifies the purchase of a replacement unit. 3. This replacement articulated motor grader can be purchased from L.B. Smith, Inc., under Florida State Contract No. 760-360-050. FISCAL IMPACT: Funds for the purchase of the articulated motor grader are budgeted in the Road & Bridge Fund in the amount of $77,704.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the purchase of one (1) articulated motor grader from L. B. Smith, Inc. on Florida State Contract No. 760-360-050 in the amount of $77,704.00. SUBMITTED B Y~~'--~ Larry Henry, P~oa~' & Bridge Su e~ntendent REVIEWED S~gh~ ~/.C~ REVEIWED B APPROVED B~ 1, ' ~~ Date: Pur asi DS Director Services Director _ _ . Date: Ed Ilschner, Public Works Administrator 2 3 199 , 760,360-050 COMPACT MOTOR GRADER, ARTICULATED, 75 HP Page 4 of 5 760-360-050 MAKE: CHAMPION STATE OF FLORIDA BASE UNIT The Discounted Bid Price for the Base Unit applies. The Percentage Discounts apply to Attachments/ Equipment only. DISCOUNTED *DISCOUNT BID PRICE BIDDER F.O.B. DEALER MODEL BASE UNIT L.B. SMITH, INC. C60A 200.00 73,939.00(10) Percentage discount off current published retail prices for "Base Unit". (The percentage disco applied to the manufacturer's current published retail prices to determine the discounted price "Base Unit". This percentage discount must be the same percentage discount as was used to d the discounted bid price for the "Base Unit" shown above.) 4.6% "Base Unit" **Date of current published retail price book: l_L/ Percentage discount off current published retail prices for Attachments/Equipment. (The perce discount applied to the manufacturer's current published retail prices for additional Attachments/Equipment for the "Base Unit".) 4.6% Attachment/Equipment **Date of current published retail price book: 1/ NOTE TO USER: The Percentage Discount indicated for Attachments/Equipment applies only to Attachments/Equipment supplied directly from the manufacturer of the brand unit bid and listed in manufacturer's current published retail price book. Attachments/Equipment supplied by the contract holder from a source other than the manufacturer of the brand unit bid may not have the same percentage discount. On the following page(s) titled "Additional Models", list other models not to exceed 100 net HP and 16,000 lbs. operating weight that can be provided for the same or greater percentage discounts off the current published retail prices as listed above for the State of Florida Base Unit and Attachments/ Equipment. Provide descriptive literature on all models offered. *Discount for pickup by ordering agency at contractor's place of business. **NOTE: ALL DATES MUST BE FOR THE CURRENT PUBLISHED RETAIL PRICE BOOK. Approximate delivery time required after receipt of order: 60-90 DAYS http ://fcn.state. fi.us/st_contracts/760001991/price 18.htm · ~60,-360-050 COMPACT MOTOR GRADER, ARTICULATED, 75 HP Page 5 of 5 OPTION CODING: 760-360-051-Option Number, Compact Motor Grader, Articulated, 75 HP, Spec. 67 NOTE: The options listed below apply to the State of Florida Base Unit and any other models bid. If other models are offered by the bidder, option prices for these models may be different than net/discounted option prices for the State of Florida Base Unit. If option prices are different for other model(s) offered, enter the net/discounted option price(s) and model(s)/number(s) for the additional model(s) by the appropriate option price blank. OPTIONS: (1) 6002. Air conditioner (with heater and defroster) for ROPS cab. (BASE UNIT) NET DISCOUNTED PRICE: 3.765.00 EQUIVALENT OPTION FOR OTHER MODELS BID MODEL C70A NET DISCOUNTED PRICE 3.765.00 (2) 8001. Special state color; DOT Yellow, Federal Yellow No. 13538, DuPont #L9069A No. 2712, Deere No. PT102, or approved equivalent, (may be dealer painted if painting is not available). NOTE: The entire unit, including options and attach shall be painted the same color. (BASE UNIT) NET DISCOUNTED PRICE: NO AWARD EQUIVALENT OPTION FOR OTHER MODELS BID MODEL C70A NET DISCOUNTED PRICE NO AWARD http ://fcn.state.fl.us/st_contracts/760001991/price 18.htm NOV 2 3 1 99 EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE COMPUTATION FOR BAER'S FURNITURE SHOWCASE OBJECTIVE: Obtain Board approval for an alternate road impact fee study for Baer's Furniture Showcase in accordance with Section 2.03 of Ordinance 92-22, as amended, the Collier County. Road Impact Fee Ordinance (the "Ordinance"). CONSIDERATIONS.' The Ordinance sets forth the requirements for the imposition and collection of road impact fees. Among the parameters used in computing road impact fee rates in the rate table in Appendix A of the Ordinance are trip length, trip generation rate and percentage of new trips on the external roadway network. Table 5-1 in the Tindale-Oliver (T-O) Report incorporated into the Ordinance lists trip rates, total trip lengths, and assessable trip lengths for various land uses. The values listed for the "Retail 50,001 - 100,000 SF" land use show a trip rate of 70.7 per 1000 square feet of gross floor area, a total trip length of 2.6 miles, and an assessable trip length of 1.9 miles. In Table 2-4 of the T-O report, the percentage of new trips for this land use is given as 54%. The applicant believes that the characteristics of the ITE "Furniture Store" land use lend themselves to a lower trip rate than that presented in the T-O report. Section 2.03 of the Road Impact Fee Ordinance permits an applicant to submit an alternative road impact fee. The applicant has provided a Road Impact Fee Worksheet using the ITE "Furniture Store" trip rate and postulated that all trips be considered as "New Trips" because of the singular land use characteristic of this site. The revised parameters used in the applicant's worksheet are: Trip length: 2.6 mile total; 1.9 mile assessable. · Trip generation rate: 5.06 trips per 1000 square feet of furniture store. · Percentage of new trips: 100% These parameter values were inserted into the Road Impact Fee Worksheet (Attachment No. 1). Based on these values, the alternative road impact fee for Baer's Furniture Showcase would be $15,744.18. FISCAL IMPACT: The Rate Table in Appendix A of the Ordinance providcs for a fee of $1,995/1000 SF for "Retail 50,001-100,000 SF". Given the size of this facility (60,000 SF), the road impact fee due under the parameters established in the Ordinance would be: 60,000 SF X $1,995/1000 SF = $119,700.00 Under the proposed alternate road impact fee, the applicant would pay only $15,744.18, a difference of $103,955.82. Executive Summary Approve An Alternate Road Impact Fee Page 2 of 2 The applicant has already paid the fee as part of the building permitting process and is requesting a refund of the difference as an overpayment. A budget amendment is needed reducing Road Impact Fee District 1 (331, North Naples) Reserves in the amount of $103,956. GROWTII MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the proposed site-specific alternate road impact fee for Baer's Furniture Showcase; authorize staff to process the documentation necessary for the refund, and; approve the necessary budget amendment. PREPARED BY: ~,c '~ ~~ Edward J. Ka~ 'l'ransportation REVIEWED BY: I . Phillip .~Tindal~,Im~ct Fee Coor&nator Services Director DATE: REVIEWED ~or APPROVED BY~~ ~c/r DATE: Vincent A. Cautero, AICP, Development Services Administrator Attachments: No. 1 - Road Impact Fee Worksheet N 0 V 2 3 Ir IPAGE_ / OF. / -, .... ,: EXECUTIVE SUMMARY ACCEPT A UTILITY EASEMENT FROM SUNTRUST BANK, SOUTHWEST FLORIDA. OBJECTIVE: Accept a Utility Easement from SunTrust Bank, Southwest Florida, a state banking corporation, in order to accommodate a thirty (30) inch water main and a sewer force main. CONb;D~RA-!'ION: A Utility Easement is required from SunTrust Bank, Southwest Florida, a state banking corporation, in order to accommodate a thirty (30) inch water main and a sewer force main which shall serve the citizens and business sectors of Collier County. No existing facilities will be allowed above grade on the thirty (30) foot by sixty (60) foot easement area, nor is it the intention of Collier County to construct any above grade facilities in the future on the easement area. In order to ensure that Collier County's interests are protected, the Utility Easement has been reviewed and approved by the County Attorney's Office. SunTrust Bank, Southwest Florida, in a display of cooperation between business and government has agreed to convey this much needed easement by donation. FISCAL IMPACT: Total acquisition including documentary stamps and recording costs is $100.00 and funds are available in the County WatedSewer Operating Budget. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Utility Easement granted by SunTrust Bank, Southwest Florida, a state banking corporation, which has been donated to Collier County. 2. Authorize staff to record with the Clerk of Courts, the easement and appropriate documents to clear title in the Public Records of Collier County. PREPARED BY: DATE: , y Specialist I Real Property Management Department APPROVED~ :~ -' _-. :".,. -;.~:~':..~:irz-~;.:-~ ,TE: Public Works Division PROJECT: SunTrust Bank - Utility Easement P/~RCE[: Tract R1 FOLIO: 00255440008 UTILITY EASEMENT THIS EASEMENT, made and entered into this .2-,,,~' day of t0~lco~o~.l,-- , 1999 by SUNTRUST BANK, SOUTHWEST FLORIDA, a state banking corporation, whose post office address is 12751 New Brittany Boulevard, Fort Myers, Florida 33907, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COIJLIER 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 parties 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 privJle.le for utility purposes, on the following described lands located in Co;iier 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 l'~;:,f, exc~vat3, ~nd ~!ace or r~.move rn.~teri~ls i~miuding hu~ no~ limited to, sewer lit'cs and pip~:;s, constructing, operating, and maintaining utility facilities thereon. All existing and future facilities are to remain below-grade and no above-grade installations are planned for this easement as the easement is only to accommodate existing underground utilities. 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, WITNESSES: SUNTRU§T BANK, S/OUT. I~ST FLORIDA, 12751 New Brittany Boulevard Fort Myers, FL 33907 Witness~Signature) ' Name: ¢'~zl;n~. (Print or Type) /r~.~4~. Z./~¢~,..,~_- - Wl:t~ess (Signatur'e) Name: ~,w-~/,~ ~. ~/~.r~,,v~' (Print or Type) STATE OF COUNTY OF T_(~..~fo~gc)½t~g Utility Easement.___wa,s pgk, nq~/ledged before me_ this c~--~' day of ¢-~ , 1999 by,~:)~..~. ?f',/~/)~. - (Name), ~ ~ (Title), of SUNTRUST BANK, SOUTHWES'T FLoRI¢A~ state ba~king corporat~who is personally known t~ me or who has produced~ as ide~ation. _.~~ure~ Notaw P~ ~'~ ~'~ (Crint Name of N~aw ~ublic) Serial/Commission ¢ ~O ~ O ~ CZ~ My Commission Expires: ~ ,~ ~ Prepared b y:/<~~ .~ Robert N. Zachary, Esquire Office of the County Attorney 3301 East Tamlaml Trail Naples, Florida 34112 (941) 774-8400 EXHIBIT LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Ti-',2 NORTt-: Ti ilR'FY ,30) FEET OF THE WEST SIXTY (6u) FEET OF TRACT B, NAPLES WALK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 30, PAGES 94 & 95. 30 FEET + .......... S_O.U.TH_ .RJr/. _LI.N.E.: ¥.AN_D.E.R_BI.L.T B .E~.C_.H.R.O_A.D .................. r ....... =.~,r ' - ~ 60 FEET * I I I I i AIR~ORr~2. t ' 100 FT. R/W I I I I CANAL PJW 100 FT. TRACT B, NAPLES WALK 8KETCH NOT TO SCALE Collier County Real Properly Management Department NOV 2 3 1999 EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FOR ACCESS AND MAINTENANCE WITHIN PALM RIVER ESTATES. OBJECTIVE: That the Board of County Commissioners approve a Donation Agreement and accept a Drainage Easement with Palm River, LLC for access and maintenance of the Drainage Ouffall System within Palm River Estates. CONSIDERATION: The Real Property Management Department was directed to acquire a Drainage Easement from Palm River, LLC owner of the underlying land within Palm River Estates to permit the County access for the purpose of constructing, operating and maintaining drainage and utility facilities thereon. Upon approval of the Donation Agreement and acceptance of the Drainage Easement from Palm River, LLC, Collier County will obtain necessary access to operate and maintain an existing drainage pipe that connects to a County Drainage Outfall System. The Donation Agreement and Drainage Easement are attached and have been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: Staff estimates the cost of obtaining a title policy and recording all related documents and expenses will not exceed $750.00. Funds are available in Fund (101), Cost Center 163620. No on-going costs are associated with this recommendation. SP, OVVTH MANAGEMENT IMPACT: None .o. / ~ (e_)L/'~), N0V 2 3 1999 pc. ! 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 Drainage Easement; and (3) authorize Staff to proceed and record all necessary documents in the Public Records of Collier County, Florida. ny/',.,, _.--~'d/"'-'""~- , ~72,;'~: ,J ,/;,; ~J>? }~:' DATE:, ~'i,,"-//.'';'~-' PREPARED ropCrty Specialist  ~:! '/ REVIEWED BY Edward J. Kant, P.F___~ DATE:/' P T~s~~ Di rector APPROVED . DATE: ~/~F'~¢ Ed Ilschh'~r, Administrator ' ' Public Works Division 3 1999 PROJECT: WEDGEMONT FOLIO: 0059120006 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between PALM RIVER, LLC a Delaware limited liability company, whose mailing address is 113 Viking Way, Naples, FL 34110, hereinafter referred, to as Owner, to COLLIER COUNTY, a political subdivision of the State of Flodda, whose mailing address is 3301 East Tamiami 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 reo_~.';sted that Owner convey to the County a perpetual, non-exclusive easement for :he purpose of constructing, operating, and maintaining drainage and 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 herein; 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 acknowled9ed, 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, properly 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. NOV 2 3 I _j Page 2 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 cons',rL,ed rn accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie, Chairwoman WITNESSES: Witness (Signature) Name: /:-'~Tz ) ~ (Print) (Print) Palm River, LLC a Delaware limited liability company Title/Name / / Name: (Print or type) Page 3 STATE OF COUNTY OF ~ ' ' ' The foregoing Donation Agreement was acknowledged before me this .,~,;~ day of Palm River, LLC, a Delaware limited'liability'company, on behalf of the compan~;i who is person_all~n to me or who has produced as identification. (affix notarial seal) (Signature of Notary Public) ( Print name of Notary Public) NOTARY PUBLIC Serial/Commission #: if any. My Commission Expires: Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney i N0v 2 3 ~s~:~ t PROJECT tlC. PROJECT PARCEL TAX PARCEL NO. LEGAL., DESCRIpTION A parcel of land 7.5 feet in width, being contiguous with and lying northerly of the following described liue: Cotmnencing at the Norlheast corner of Lot 12, Block E, according to the plat of"Palm River Estates, Unit No. 4" as recorded in PIP.! Book 8, Page 69, Public Records of Collier County, Florida; Thence along the ninth line ol xa::l Lot 12, N75*00'00"W, 64.52 feet to the Point of Begimling; Thence continue along tile north line of Lot 12 and along tile nord] line of Lot 11, Block E, N75°00'O0"W, 107.50 feet to the Point of Ending. SKETCIt OF LEGAL DE_~CR~IP__TIOH [HOT ?,5' t~o*th line of Lol I I ~ 1O'/.SO Point of Ending north linc LOT I I BLOCK WEDG},4OHI LOT 12 E A BUHYEY] OIF 64.$2t Northe~t comer orLot 12 I LOT 13 PALM VIEW DRIVE BY: ,'. c" . ' DATE: RICHARD ORIGG;,, ,, PROFESSIO~AI.d 'L~Nb :'SU.~EYOR ~27og TRANSPORT~T I0~ 'SE~ICES OlVISlOt~ COLLIER COUNTY OOVER~hENT COMPLEX SCALE: ,cT TO SCALE DRAWN BY: · ,RSG~ CHECKED BY: 'Rso~ FILE NO: REVISED: 3301tEAST .TANIAgl NAPLE$.'FLDRiDA..,,: PROJECT: PALM RIVER FOLIO: 00159120006 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this .2.:2-- day of 19~'~ , by PALM RIVER, LLC, a Delaware limited liability company, whose mailing address is 113 Viking Way, Naples, FL 34110, 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 parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attache~ i_:x:~ibit "A" which is incorporated h6r~in by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. NOV 231S9g i Page 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: J Witness (Signature)" Name: (Print) W~tness ($~g na~uCe) Na me: ,_.~/t",-~ (Print) Palm River, LLC a Delaware limited liability company Title/Name ' Name D4,o~'Y -~. ,41~,,,~z y (Print or type) 113 Viking Way Naples, FL 34110 STATE OF COUNTY OF " The foregoing Drainage Easement by Palm River, LLC, a Delaware limited liability company, was acknowledged before me this ~L~_day of,~",~ 999, by (name) ~z~,..' 7' mff/~,w), . as (title) ~,~-z~.~z z~.;]~- of Palm River, LLC, a Delaware limited'company, on behalf of the paAnetsh~p, who is ~onally known to me or who has produced__ as identification. (a~x notarial seal) " ~ /'L . ~ ~,~'¢;~:~" ~~-~' (Signature of Not~l~ (Print name of Nota~ Public) NOTARY PUBLIC Serial/Commission ~: if any. My Commission Expires: PROJECT NO. PROJECT PARCEL 1AX PARCEL I10. LEGAL DESCRIPTION A parcel of laud 7.5 feet in width, being contiguous with and lying northerly of the following described Ii,m: Co,mnencing at the Northeast corner of Lot 12, Block E, according to the plat of"Pahr, River Estates, Unit No. 4" as recorded in Plal Book 8, Page 69, Public Records of Collier Couuty, Flolidn; Thence along the north line of said Lot 12, N75°00'00"W, 64.52 feet to Ihe Point of Begiluling; Thelme continue along the norlh line of Lot 12 and along the north line of Lot 11, Block E, N75°00'00"W, 107.50 feet to file Point of Ending. I Point of Ending ~ J / POINT OF COMMENCEMEN~/ ~ Lot 1~ ~ I No~e=I comer of ~l I~ ~ BLOCK WEDOMoNT CONDOMINIUM LOT Il LOT I I PALM VIEW DRIVE RIBY:0g~~' <"' ,' ' D^IE: PROFESS I CiNA L K'E^I,ID -Su-,m,~EYOR 112709 SCALE: DRAWN BY: CHECKED BY: FILE NO: REVISED: NOT TO SCALE 1RANSPORTAT!O~)'SE~VICES DIVISION COLLIER COUNTY GOVE~'N~ENT COMPLEX 3301~EAST-TAMIA~"T~iL" . NAPL~S,'FLORiOA.,:: ',., N0V 2 3 1S99 EXECUTIVE SUMMARY AWARD BID NO. 99-2971 "PURCHASE & DELIVERY OF VACUUM PUMP TANKER AND TRUCK" TO WALSH FREIGHTLINER. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Collier County Water/Sewer District, award Bid No. 99-2971 for the Purchase and Delivery of Vacuum Pump Tanker and Truck to Walsh Freightliner. CONSIDERATIONS: 1. The County's Wastewater Collections Department is responsible for the operation and maintenance of the County's wastewater pump stations, gravity lines and force mains. 2. On June 22, 1999, (Agenda Item 16B7), the Board approved a budget amendment for funds to acquire emergency preparedness equipment for Wastewater Collections. A portion 0fthose funds were designated for the purchase of a vacuum pump truck and tanker, and those funds were rolled over to FY 99/00. 3. Bid #99-2971 was posted on October 13, 1999. Twenty-three (23) inquires were sent and five (5) bids were received and opened on November 4, 1999. 4. Staff has reviewed the bids received and recommends award of Bid No. 99-2971 to Walsh Freightliner as the lowest qualified and responsive bidder, in the amount of $100,792.00. FISCAL IMPACT: Funds are currently budgeted in Wastewater Collections Fund for the purchase of the vacuum pump tanker and truck in the amount of $100,792.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex- Officio the Collier County Water/Sewer District, approve the award of Bid 99-2971 "Purchase & Delivery of Vacuum Pump tanker and Truck" to Walsh Freightliner in the amount of $100,792.00. SUBMITTED BY: ~k~'~ ~ Jos~4bh Cheatham, Wastewater Dijiector St~p~en-~. Ca~Tke, l~, Purchasing/GS Director APPROVED BY: Ed Ilsc~er, Public Works Administrator DATE: (( '-I~-~'~ DATE:j//~Z flq~' Attachment: Bid Tabulation Sheet NOV 231~9 I EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF CERTAIN INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE FOR LIVINGSTON ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE ROAD CIE NO. 52. OBJECTIVE; To obtain authorization from the Board of County Commissioners (the "Board"), to acquire by gift or purchase all road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Livingston Road between Golden Gate Parkway and Pine Ridge Road. CONSIDERATION: On October 28, 1997, the Board adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62 for CIE #52. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Livingston Road four-laning improvements between Golden Gate Parkway and Pine Ridge Road, (hereinafter referred to as "Project"). FISCAL IMPACT: Estimated cost to purchase the right-of-way required for construction of the improvements is $1,677,288. The cost includes all operating expenses such as title policies, appraisal fees, staff time, and acquisition expenses. Funds are available in the Gas Tax Road Construction Fund for the Livingston Road Project Number 60071. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan, CIE Project No. 52. RECOMMENDATION: That the Board: (1) Adopt the attached Resolution authorizing the acquisition by gift or purchase the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title required to complete the Livingston Road four-laning improvements between Golden Gate Parkway and Pine Ridge Road; and (2) Authorize the Chairwoman to execute the attached Resolution. Page 2 Executive Summary/Resolution Livingston Road four-laning improvements Tom A. 'Mott, S~ni~r Specihlist Real Property Management Department REVIEWED BY: /~~~,q~t.-~~ Mitch Momtaz, Project Manager Public Works Engineering Department REVIEWED BY: _  ff Bibby, P.E., Director Public Works ' APPROVED ~ Ed Ilschner, Administrator Public Works Division DATE: NOV 2 3 ~999 _ PG.a, ~ '1 RESOLUTION NO. 99- 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 3 COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE 4 OF ROAD RIGItT-OF-WAY. SIDEWALK. S~_OPE. UTILITY, DRAINAGE, 5 MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY 6 EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE 7 REQUIRED FOR THE FOUR-LANING CONSTRUCTION IMPROVEMENTS FOR 8 LIVINGSTON ROAD BETWEEN GOLDEN GATE PARKWAY AND PINE RIDGE 9 ROAD CIE NO. 52. '10 WHEREAS, the Board of County Commissioners (Board), on October 28, 1997, adopted '1 '1 Ordinance No. 97-55 therein establislfing the 1997 tS,~,enth Annual) Capital Improvement Element of '12 the Growth Management Plan in order to cstahlish priorities for thc design, acquisition and '13 construction of the various capital improvement projects. The Transportation Element of the County's '14 Comprehensive Plan was adopted in Ordinance No. 97-62; and '15 WHEREAS, the four-laning construction improvemenls for Livingston Road between Golden '16 Gate Parkway and Pine Ridge Road are component parts of the Transportation Element ofthe County's '17 Comprehensive Plan; and '18 WHEREAS, alternate locations, environmental factors, long range plmming, cost variables, '19 concurrence, safety and welfare considerations have been reviewed as they relate to the 20 implementation of said transporlalion improvements; and il has been recommended by County Staff 21 thal it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the 22 acquisition of properly rights required for the four-laning construction improvement for Livingston 23 Road between Golden Gate Parkway and Pine Ridge Road, hereinafter referred to as "Project" as 24 identified on Exhibit "A" attached hereto and incorporated herein by reference; and 25 WHEREAS, the design and construction of said transportation improvements and related 2t5 facilities have been determined by the Board to be necessary and in the best interest of Collier County; 27 and 28, WHEREAS, the construction of the transpom~:on improvements and related facilities 29 contemplated by the Project are necessary in order to protect the health, safety and welfare of the 30 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements 3'1 of the Growth Management Plan for Collier County. -Pa~e 1- NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNT',' '"'"' COMMISSIONERS OF COLLIER COUNTY, F.2;)RIDA. that: o I. The Board has considered the environn~ental faclors, safety factors and fiscal considerations 4 relating to the final adopted location of thc transportation improvements and related facilities. 5 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway 6 restoration interests by easement and;or the fcc simple title interests acquisitions identified on Exhibit 7 "A" are the most feasible locations, bolh necessary and consistent with the project requirements, in 8 order to pernfit the construe:itoh and maintenance ortho transportation improvements and related 9 facilities for the fourolaning construction improvements for Livingston Road between Golden Gate 10 Parkway and Pine Ridge Road, CIE No. 52. ././ 3. The Board has determined that the construction and maintenance of the transportation ./2 improvements and related facilities are necessary for a public purpose and is in the best interest of ./3 Collier County. ./4 4. The construction and maintenance of the transportation improvements and related facilities are '/5 compatible with the long range planning goals and objectives of the Growth Management Plan for ./6 Collier County. 11 is necessary and in the best interest of Collier County for the Board to acquire the road '18 right-of-way, sidewalk, slope, utility, drainage, maintenance and lcmporary driveway restoralion ./9 interests by easement and/or the fee simple tide ir,,-.'ests identified in Exhibit "A"; and County Slaffis 20 hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road 2./ right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration 22 interests by easement and/or fee simple title interests on the properties identified in Exhibit "A". 23 6. Tile Chairwoman of the Board is hereby authorized to execute Appraisal Agreemenls with the 24 appraisal finn(s) selected from the list of finns pre-qualified by the Board of County Commissioners. 25 The Board further directs staff to usc appraisal reports or internal compensation estimates as staff 26 determines is necessary to best serve the needs of the Project in a timely and cost-effective manner, 27 7. The Board, in accordance with the provisions of Chaplet 125.355, Florida Statules, hereby 28 formally waives the requirement for a fomml, independent appraisal report for the purchase of a 29 property where the purchase price of the parcel (the compensation due lo the property owner) is less 30 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal 3'1 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of vhich shall be predicated on "staff compensation eslimates" based upon independent appraisals (and -Pa~e 2- 1 the data therefrom) obtained on similar properties and upon consideration and application of 2 appropriate market value and cost data pertinent to the subject parcels 3 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject 4 properly acqnisition, Real Property Management Department staffis hereby directed to offer 5 immediate delivery to the respective property owners of the full compensation (as established by the 6 appraisal or slaffcompensation estimates in accordance with the provisions of Chapter 125.355, 7 Florida Statutes), ill return for the immediate and i, coper execution of the respective easements, and 8 such other legal document,g and/or affidavits as the County Attorney's Office deems appropriate in 9 order to protect the interests of the County; and the Board hereby authorizes its present Chairwoman 10 aud any subsequent Chairman/Chairwoman, for the life of the Project, to execute any instrumeuts '1 '1 which have been approved by the Office of the County Attorney which may include, agreements, '12 documents to remove the lien of any encumbrance, and for any such other purpose as may be required ~3 for the acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary '14 driveway restoration interests by easement and/or fee simple title interests. '15 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" 16 or "Easelnent Agreement" mechanism, the Director of the Public Works Engineering Deparlment, or 17 his designee, is charged with the responsibility for completion of various capital improvement projects, 'l 8 and is hereby delegated the authority to approve the purchase of land interests above the staff '19 compensation estimate or appraised value and pay normally related costs when it is in the best interest 20 of the ProjecL within the pro-rata share of the laud rights acquisition budget for the pamel being 2'1 acquired, only when the difference between the purchase price and compensation estimate or appraised 22 value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits 23 established by the Collier County Purchasing Department; provided, Project funding is available. 24 10. That tile settlement approval authority is d:'cgated by the Board to the extent that such 2,5 approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 26 11. The Chairwoman of the Board is hereby authorized to execute Easement Agreements and 27 Purchase Agreements where the land owner has agreed to sell the required land rights to the County at 28 its appraised value or at that amount considered the "Administrative Settlement Amount" as such term 29 is internally used by the administrative agencies of Collier County. 30 12. Where the property owner agrees, by "Purchase Agreement" or "Easement Agreement", to 31 convey a necessary interest in real property to the County, and upon the proper execution by the 32 property owner of those easements or fee simple title, and such other legal documents as the Office of -Page 3- NOV 2 3 i £ ,.:_._1 6 7 8 9 10 11 12 13 14 15 16 18 19 2O 21 22 23 24 25 26 27 28 29 3O 1 the County Attorney may require, the Board hereby authorizes the Finance Department to issue ~- 'varrants, payable to the properly owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staffcompensation estimate in 4 accordance with this Resolution and lhe provisions of Section 125.355, Florida Statutes. 5 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by thc Board of County Commissioners, as thc governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. This Resolution adopted on this __ majority vote. ATTEST: DWIGHT E. BROCK, CLERK ,Clcrk Approved as to form and legal sufficiency Assistant County Attorney day of ,1999, after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Pamela S. Mac'Kie, Chairwoman -Page 4- NOV 2 3 1999 LIVINGSTON ROAD RIGHT-OF-WAY AND DRAINAGE CORRIDOR PIf, E RIDGE ROAD F P L E A S E E N T E A S E E N T EXISTING LIVINGSTON ROAD (30') N FPL EASEMENT LIVINGSTON VILLAGE PUD WYNDEMERE EXISTING LIVINGSTON ROAD (105') GOLDEN GATE ESTATES UNIT NO, 29 GOLDEN GATE PARKWAY EXHIBIT_~.. I N T E R S T E A T E R I G H T O F W A Y NOV 2 3 1999 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF CERTAIN INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE FOR LIVINGSTON ROAD BETWEEN IMMOKALEE ROAD AND VANDERBILT BEACH ROAD CIE NO. 57. OBJECTIVE: To obtain authorization from the Board of County Commissioners (the "Board"), to acquire by gift Or purchase all road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration rights and interests in real property which are required for the construction and maintenance of transportation improvements and related facilities for Livingston Road between Immokalee Road and Vanderbilt Beach Road. CONSIDERATION: On October 28, 1997, the Board adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62 for CIE #57. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Livingston Road four-laning improvements between Immokalee Road and Vanderbilt Beach Road, (hereinafter referred to as "Project"). FISCAL IMPACT: Estimated cost to purchase the right-of-way required for construction of the improvements is $3,296,563. The cost includes all operating expenses such as title policies, appraisal fees, staff time, and acquisition expenses. Funds are available in the Gas Tax Road Construction Fund for the Livingston Road Project Number 62061. GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan, CIE Project No. 57. RECOMMENDATION: That the Board: (1) Adopt the attached Resolution authorizing the acquisition by girl or Purchase the road right-of-way, sid?,.,.'.!l<, s~,~p,~, ~_l~ilitv, d~.in~!:,c. ~?~;~imc~a~cc ;md tc:n~p,)rary driveway restoration i~tcrcsts by easement and/or fee simple title required to complete the Livingston Road four-laning improvements between Immokalee Road and Vanderbilt Beach Road; and (2) Authorize the Chairwoman to execute the attached Resolution. NOV 2 3 999 Page 2 Executive Summary/Resolution Livingston Road four-laning improvements Toni----~-'ott; Sen-~"~or-~ Sp~-:-~c~ ~ Real ~r,~perty Management Departm~ent REVIEWED BY: /.~/f~,~/~-~ ~/~ ~ch Hellrie~, P.E., Senior Project Manager Public Works Engineering Department ~VIEWED BY: ~ / ~ ~ :m/ ~ff.~ibby, P.E., Directo~ Public~or~ineering Department Ed Ilschner, Administrator Public Works Division __ __ DATE: DATE: DATE: ~',,~ J~/~q '1 RESOLUTION NO. 99- 2 RESOLI q'lO'x' OF FHti BOARD OF COl ~Ni h COMMISSIONERS OF COl LIER 3 COUNTY. FLORIDA. AUTttORIZING THE ACQUISITION BY GIFT OR PURCHASE 4 OF ROM) R1GI IT-OF-\VAY. SI DEWALK. SI.OPE. UTILITY, DP. AINAGE, 5 MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY 6 EASENIENT AND'OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE 7 !4. k~,~_ll: 1) t ()i< titE FC'UR-LANING CONSI RUCTION IMPRO'vLMENfS FOR 8 LIVINGSTON RO,\D BET\VEEN IMMOK .XI.FE ROAD AND VANDERBII.T BEACIt g ROAD CIE NO. 57. '10 WHEREAS. thc Board of County Commissioners (Board), on October 28, 1997, adopted 1.1 Ordinance No. 97-55 therein establishing tile 1997 (Seventh Annual) Capital Improvement Element of 12 the Growth Management Plan itl order to establish priorities for tile design, acquisition and '13 construction of the various capital improvement projects. The Transportation Element of the County's .14 Comprehensive Plan was adopled in Ordinance No. 97-62; and .1,5 \VH EREAS, tile four-laning construction improvements for Livingston Road between '16 hmnokalee Road and \'andcrbilt Beach Road arc component parts of the Transportation Element of the '17 County's Comprcheosivc Plan; and 18 \VI tEREAS, altcmatc locations, environmental factors, long range planning, cost variables, 'J 9 concurrence, satM'tx and welfare considerations haxc been revicxved as they relate to lhe 20 implemcnlalio:~ off. md !~al~spt rip, lion inq~i~ ',~'m,:nt.: a~ld i~ Il;15 bell] rcc'ommcndcd lb'Counts Staff 2'1 that it is necessaO' and in lhe best interest of Collier County, Florida, to maintain flexibility over tile 22 acquisition of property rights required for Ihe four-laning construction improvement for Livingston 23 Road belwccn Immokalce Road and Vanderbilt Beach Road. hereinafter referred to as "Project" as 24 identified on Exhibit 'A" attached hereto and incorporated herein by reference; and 25 WHEREAS, tile design and construction of said transportation improvements and related 2(~ facilities ha\ e been determined by the Board to be necessary and in the best interest of Collier County; 27 o~,1 28 \VHEREAS, thc construchon of thc transportation improvements and related facilities 29 conlemplatcd by thc Project are nccessao' in ord:~ to protect the health, safety and welfare of the 30 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements 31 of me Glo,x th Management Plan lbr Collier County. -Page 1- NO.~ NOV 2 3 1999 1 NO\V, TIiEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ' 'O;',INIiS?:iON!!P.N OF COI.LIER (20UN i"¥, FLOI':-IDA, thai: 3 1. The Board has considered the environmental faclors, safely factors and fiscal considerations 4 relating lo thc final adi.,plcd Iocalion oflhe transportalion improvements and related facilities. 5 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway t3 restoration interests by easeme~t and/or the fee simple title interests acquisitions identified on Exhibit 7' "A" are ',he most fca~,~ble locations, both nccessat¢ and consistent with the project requirements, in 8 order to pern:it tl:e construction and maintenance ofthe lr;msponatio~ improvemenls and related 9 facilities for thc four-laning construction improvements for Livingston Road between Immoka]ee Road 10 and Vanderbilt Beach Road, CIE No. 57. '11 3. The Board has deternlined that lhe construction and mainteuance of the transportation 12 improvements and relalcd facilities are necessary for a public purpose and is in the best interest of 13 Collier Counly. 14 4. The conslruction and maintenance ofthe transporlation improvements and related facilities are '15 compatible with thc long range planning goals and objectives of the Growth Management Plan for '16 Collier County. It is neccssa~ and in the best interesl of Collier County for the Board to acquire the road 18 right*of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration '19 interests bv easement and/or Ibc fee simple title interests identified m Exhibit "A"; and County Staffis 20 hereby a~!llK~l'izcd ami directed 1o acqtm e b.,, gift or pur,.ha~c the perpetual, nou~exclusivc, road 21 right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration 22 interests b', casement andor fcc simple ti!lc intmext,s on thc p~opcrties identified in [!xhibil "A" 23 6. The Clmir,,voman of the Board is hereby authorized to execute Appraisal Agreements with the 24 appraisal finn(s) selected from the list of fim~s pre-qualified by the Board of County Commissioners. 25 The Board further di~:ects staff to use appraisal repons or internal compensation estimates as staff 2t3 detemm~es is necessary to best serve the needs of the Project in a timely and cost-effective manner. 28 fon'nally waives the requirement for a formal, independent appraisal report for the purchase ora 29 property where the purchase price of the parcel (,.he compensation due to the property owner) is less 30 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu ofthe independent appraisal 31 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of .vhich shall be predicated on "slaffcompensation estimates" based upon independent appraisals (and Page 2- NOV 2 3 19g 1 the data thcrefi'om) obtained on sinfilar properties and upon consideration and application of 2 appropriate market v~lue and cost data pertinent ~o lhc subject parcels. 3 8. Upon the approval by the County Allomey's Office of all documents necessa~ for the subject 4 properly acquisilion, Real Propc~ay Management Department staffis hereby directed to offer 5 immediate delivery to Iht respective property owners oflhc fidl compensation (as established by the ~ appraisal or staffcompensation estimates in accordance xvilh the provisions of Chapter 125.355, 7 Florida StalutcsL in return for the imlncdiale and proper execution of the respective easemenls, and 8 such other Icmil document~ and/or affidavits as the County Atlomey's Office deems appropriate in 9 order to protect the interests of the County; and ll~e Board hereby aulhorizes its present Chai~voman J0 and any subsequent Chainna~fChaim'oman, for the life of the Project, to execute any instruments ~ J which have been approved by the Office of the County Attorney which may include, agreements, J 2 documents to remove the lien of any encumbrance, and for any such other pu~ose as may be required 13 for the acquired road right-of-way, sidewalk, slope, utility, drainage, maintenance and tempora~ ~4 drivex~ ay restoration interests by easement and/or fee simple title interests. J 5 9. In those instances where negotiated seltlements may be obtained via the "Purchase Agreement" J 6 or "Easement Agreemenl" mechanism, Ibc Director of thc Public Works Engineering Department, or ~ 7 bis designee, is charged with the responsibility for completion of various capital improvement projects, ~ 8 and is hereby delegated the authority to approve the purchase of ]and interests above the staff J 9 conlpcllsation estimate or appraised value and pay normally rclated costs when it is in the best interest 20 ol d~t Iq gcc'. ,.x ~tHh~ th, l,~t,-rata sh,t~ t, flhc ~dHd Ii?liS acqms)lon budgcl fi)r thc parcel being 2~ acquired, only when the difference between the purchase price and compensation estimate or appraised 22 value is less lhan Fi i}een Thousand and 00/100 Dollars {S15.000.00) or the cu~ent purchasing limits 23 estabJished by the Collier County Purchasing Department; provided, Project funding is available. 24 10. That thc settlement approval authority is delegated by the Board to the extent that such 25 approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 26 1 I. l he Chairwoman of thc Board is hereby authorized to execute Easement Agreements and 28 its appraised valuc or at lhat amc:unt considered thc "Adnfinislrative Scttlemeut Amount" as such term 2~ is internally used by Ibc administrative agencies of Collier Counly. 30 12. Where the properly owner agrees, by "Purchase Agreement" or "Easement Agreement", to 31 convey a ncccssm-y interest m ~cal property to the County, and upo~ the proper execution by the 32 property owner ofthose easements or fee simple title, and such other legal documents as the Office of NOV 2 3 1999 PG.,, ,fi'_, ..... 3 4 5 ? 8 9 10 11 12 13 14 15 16 the County Attorney may require, thc Board hercb5 authorizes tile Finance Department to issue ~ afl v, nt>. p',?. :d,l~ ~' Ibc p~q~er~y owner{s) of recold m lho';e amounts as shall be specified on a closing statement and which shall be based upon lhe appraisal or staffcompensalion eslimatc in accordance xx ith this Resolution and the provisions of Section 125.355, Floridn Statutes. 13. All lille to prope]lies or interests in properties which have been oblained in the manner described above shall be deemed "accepted" by thc Board of County Commissioners, as the governing hod5 oF( ,51tcr t 'v,uq5, l'Iorim, a p,4:ticai sub,::x is1 mot thc State of Florida, and as such, staff ~s hereby authorized to reco~d in lhe Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from tile acquired properties. This Resolution adopted on this__ mdority vote. ATTEST: DWIGtlT E. BROCK, CLERK 18 ,Clerk 19 21 and legal sufficiency 22 24 Heidi F. Ashton 2{5 Assislanl County AUomey 26 27 30 day of ., 1999, after motion, second and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Pamela S. Mac'Kie, Chairwoman -Page 4 AC~NOA II£1~ . #0 .~ 0 V 2 3 1999 P E L I C A N M A S H LIVINGSTON ROAD RIGHT-OF-WAY CORRIDOR (VAhlDERBII. T BEACH ROAD TO IMMOKALEE ROAD) IMMOKALEF ROAD FUTURE NORTH NAPLES REGIONAL PARK WILSHIRE LAKES EXHIBIT._~ Page VANDERBILTREACH ROAD NOV 2 3 1999 _ ,?._ 7 , EXECUTIVE SUMMARY A~VARD A CONTRACT TO MWM SOUTH, INC., FOR THE NORTH COUNTY REGIONAL WATER RECLAMATION FACILITY RECLAIMED WATER POND LINER SYSTEM, BID 99-3002, PROJECT 74015. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water Sewer District, award a contract to install a high density polyethylene liner system into reclaimed water pond five. CONSIDERATIONS: The installation of a pond liner system is to conserve water supplies and increase beneficial reuse of reclaimed water. On November 10, 1999, sealed bids were opened for this project. Invitations to bid were sent to one hundred and forty four contractors, ten contractors purchased plans. Two bid packages were received and are tabled below: Bidder MWM South, Inc. Copeland Development Co. Amount $154,155.00 $168,102.00 The bid tabulation is attached and is the record of the bids received prior to the 2:30 p.m. bidding deadline. Due to an internal error, the bid from MWM South Inc., was not opened or tabulated at the public opening. Upon discovering this, Staff tabulated the bid and included it in the bid tabulation. Accordingly, Staff considers this to be a minor irregularity and recommends that the'Board waive this in the consideration of this award. The lowest bid was received from MWM South, Inc. in the amount of $154,155. The lowest bidder has successfully performed similar work for Collier County. Staff has reviewed the qualifications of the low bidder and recommends awarding Bid 99-3002 to MWM South, Inc. ~,FISCAL IMPACT: Funds are currently budgeted and available in Wastewater Capital Projects. Funding source is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: None. RIEC(}MMYNDATIO~S: 'l'l~at the Board of County Comnfissions, as ex-officio the Governing Board of the Collier County Water Sewer District, award a contract to MWM South Inc., in the amount of $154,155 per Bid 99-3002, and waive the irregularity noted herein. NOV 2 3 1999 PG. Executive Summary Award Bid 99-3002 Page 2 PREPARED BY: Alicia Abbott, PWED Project Manager II REVIEWED DATE: t~, - \ 0 -c~C24I DATE: REVIEWED BY: Purchasing Director REVIEWED BY: Jo~ph B. Cheatham, Wastewater Director REVIEWED B~ Ed~~', Public Works Administrator DATE: ]1" la'qq DATE :..~_3//z./~ ~' Aa/aa NOV 2 3 1999 NOV 2 3 1999 EXECUTIVE SUMMARY AUTHORIZE WASTEWATER DIRECTOR 1'O ACCEPT DEPARTMENT OF ENVIRONMENTAL PROTECTION SETTLEMENT OFFER OBJECTIVE: That the Board of County Commissioners, Ex-Officio the governing Board of the Collier County Water-Sewer District authorize the Wastewater Director to execute the Department of Environmental (DEP) settlement offer and pay a civil penalty by performing an In-Kind Service Project in the amount of $40,750. CONSIDERATIONS: On April 4, 1999, DEP representatives conducted a Compliance Evaluation Inspection (CED on the South County Regional Water Reclamation Facility. The purpose of the inspection was to determine if the facility was meeting its permit limits for effluent discharge. On July 14, 1999, a warning letter was written by DEP advising Collier County that the inspection report rated the plant as having an unsatisfactory rating due to the areas of permit, sampling, flow measurements, records and reports, effluent disposal, operation and maintenance, and meeting a previous compliance schedule. A majority of the problems found in the inspection report were due to equipment failures at the facility (equipment that was still under warranty). The aeration basin diffuser system was found to be defective. On October 26, 1999, DEP issued a proposed settlement - OGC File No: 99-1529-11-DW. The settlement included a $17,000 civil penalty for permit violation from the April 4, 1999 compliance inspection, as well as a $10,000 civil penalty carried over from OGC File No: 97- 1459-11-DW, a 1997 infraction, and a $250 fee for DEP costs and expenses. DEP provides an option to pay the civil penalty or provide an In-Kind Service Project that is beneficial to the environment, DEP and the County. Another benefit of an In-Kind Service Project is that the monies stay in the county and directly benefit county residents. The In-Kind Services alternative requires the county to provide In-Kind Services and/or funding of one and one-half times the civil penalty. The civil penalty, and fees, total $27,250; the total In-Kind Service cost would be $40,750. Staff has developed and obtained preliminary DEP approval for an In-Kind Service Project to assist in removing the Woodlake Sewer District package treatment plant and connect the Woodlake (now Diamond Shores) community to the County's Regional Wastewater Treatment System. Services provided by this project will include in-house and contractual project management, professional engineering and construction services for the interconnect allowing for the decommissioning of the Woodlake Package Wastewater Plant. This Plant has had a history of compliance problems and has been identified for removal in the County's Wastewater Master Plan since the mid-1980s. This project will enhance the environment of Collier County and is consistent with Policy 1.1.6 of the Sanitary Sewer Element of the County's GMP which states that the County will give planning and budgetary priority to projects that will remove package plants. , no.. j ~, [0 ¥,~3 ] NOV 2 3 1999 I Finally, staff has filed a reimbursement claim with the manufacturer of the South County Water Reclamation Facility's aeration system. Staff is seeking ~eimbursement of the penalties resulting from the aeration system's failure. FISCAL IMPACT: Funds are not specifically budgeted for the payment of the penalty or the In-Kind Services. Staff's recommendation for In-Kind Services will cost a total of $40,750. The In-Kind Services will include staff time and material, and contractual engineering and construction services. A Budget Amendment in the amount of $40,750 moving funds from Wastewater Capital Project Fund reserves into a project account for the Woodlake Package Plant project is required. GROWTH MANAGEMENT IMPACT: The proposed In-Kind Services are consistent with the policies of the Sanitary Sewer element of the Growth Management Plan. RECOMMENDATION: It is recommended that the Board of County Commissioners Ex- Officio the Governing Board of the Collier County Water-Sewer District authorize the Wastewater Director to execute the DEP Settlement Agreement regarding the two OGC files discussed herein, authorize the expenditure and/or payment for the In-Kind Services Project as discussed herein, approve Budget Amendment(s) as described herein, and authorize additional actions as may be necessary to finalize this matter. 't/Joseph Ch~atham, Wastewater Director REVIEWED ~'~E~irectDoarte: APPROVED ~ Date: Ed Ilschrier, Public Works Administrator NOV 2 3 1999 Jet) Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary Joseph Cheatham Collier County Government Public Works Division 3301 E. Tamiami Trail Naples, FL 34112 October 26, 1999 SUBJECT: Proposed Settlement of Collier County South Regional WWTP OGC File No.: 99-1529-11-DW Dear Mr. Cheatham: The purpose of this letter is to complete resolution of the matters previously identified by the Department in the Warmng Letter dated July 14, 1999, a copy of which is attached. The corrective actions required to bring your facility into compliance have been performed or no corrective actions are required to bring your facility into compliance. However, the Department has calculated that civil penalties in the amount of $17,000, plus $10,000 from the civil penalties associa~l with OGC Case 97-1459-11-DW along with $ 250.00 to reimburse the Department costs and expenses would be an appropriate seXtlement. Upon execution of this Consent Order the Department will close OGC Case 97-1459-I 1-DW. The Respondent, however, may elect to satisfy the agreed-upon civil penalty, amount of $27,000.00 by performing in-kind penalties in an amount equal to one and one-half times the civil penalty amount, or $40,500.00. A proposal for the in-kind penalty shall be submitted to the Department within thirty (30) days of entry of this Consent Order. If the in-kind proposal is not approved by the Secretary of the Department, Respondent shall pay the Depamnent $27,250.00 within twenty (20) days of being notified by the Department. If the in-kind proposal is approved, the Respondent shall pay costs owed to the Department within twenty (20) days of being notified by the Department. Payment shall be made by cashier's check or money order payable to the Department of Environmental Protection. The payment instrument shall include the OGC File Number assigned above and the notation "Ecosystem Managemem and Restoration Trust Fund." Payment shall be sent to the Department of Environmental Protection, P.O. Box 2549, Fort Myers, Florida 33902-2549, within thirty 00) days of your signing this letter. Your signing this letter constitutes your acceptance of the Department's offer to resolve this matter on these terms. If you elect to sign this letter, please return it to the Depamanent at the address indicated above. The Departmem will then countersign the letter and file it with the Clerk of the Department. When the signed letter is filed with the Clerk, the letter shall constitute final agency, action of the Department which shall be enforceable pursuant to Sections 120.69 and 403.121, Florida Statutes. Page 1 of 2 NO., J& (eI 4 3.) NOV 2 3 1999 PG._ ,~ Joseph Cheatham Collier County South Regional WWTP OGC File No.: 99-1529-11-DW If you do no{ sign and retm'n this letter to the Department at thc District adcltc~ by November 29, 1999, the Department will asmunc tlmt you arc not interested in settling this matter on thc above descn-ixnl terms, and will proceed accordingly. None of your rights or substantial interests are dcter~fined by this letter unless you sign it and it is filed with the Department Clerk. Richant W. CanU'ell Dir~tor of DisUSct Management I ACCEPT THE TERMS OF THE SETTLEMENT OFFE~ For: Collier Count)' Utilities Dale: Joseph Cheatham, Wastewater Director Please do not write below this line. For DEP use only. Entered into this ~ day of 1999, in Fort Myers, Florida. For the DEP RWC/KK/klm/jmo Page2 of 2 Richard W. Cantrell Ditccto~ of District Management NOV 2 3 1999 PG..~: ,~ , ,, Environmental Protection - South District Jeb Bush 2295 Victoria Avenue, Suite 364 Governor Fort Myers. Florida 33901-3881 Joseph Cheatham Collier County Government Public Works Division 3301 E. Tamiami Trail Naples, Florida 34112 July 14, 1999 David B. 5truEs Secretary Re~ Collier County - DW Collier County South Regional WWTP FLA014135 Dear Ma-. Cheatham: The purpose of this letter is to advise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter. A field inspection of the above referenced facility on November 3, ,1998 indicates that violations of Florida Statutes (F.S.) and Rules may exist at the above described facility. Enclosed is a copy of the Compliance Evaluation Inspection (CEI) that was conducted at your facility on April 4, 1999. The purpose ofthe CEI was to evaluate the facility's NPDES self- morfitoring program to determine if permit requirements were being met. The Facility's overall rating was Unsatisfactory due to the areas of permit, sampling, flow measurement, records and reports, effluent disposal, operation and maintenance, and compliance schedules. The activities observed during the Department's field inspection and any activity at the facility that may be contributing to violations of Florida statutes and rules should be ceased. Continued activities at the facility in violation of state statutes or rules may result in liability for damages and restoration, and the judicial imposition of civil penalties up to $10,000 per violation per day, pursuant to Sections 403.141 and 403.161, F.S. Continued i A x M "~'~o,~. Co,,s~,-,~ o.d ~o.o~ F~o~,~o', ~o~.~ o.d ~o~ ~o~r.~," NOV 2 3 1999 ~ ,_ Joseph Cheatham July 14, 1999 Page 2 Please contact Keith Kleinmann at (941) 332~6975 (ext. 182) or at the letterhead address within 15 days of receipt of this Warning Letter to arrange a meeting to discuss this matter. The Department is interested in reviewing any facts you may have that will assist in determining whether any violations have occurred. You may bring anyone with you to the meeting that you feel could help resolve this matter. PLEASE BE ADVISED that this Warning Letter is a part of an agency investigation, preliminary to agency action in accordance with Section 120.57(5), F.S. We look forward to your cooperation in completing the investigation and resolution of this matter Sincerely, Enclosure CC; Mike Tanski DEP Tallahassee (w/enclosures) Ilia Herrera (w/enclosures) District Management AG~NI)A ~CH. #0 .,.~._~~ NOV 2 3 1999 .... EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STAFF SELECTION OF FIRMS AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENTS WITH FIRMS FOR THE FIXED TERM LAND SURVEYING AND PHOTOGRAMETRIC SERVICES (RFP 99-2980) OBJECTIVE: To continue the program of establishing agreements with several Land Surveying Firms. CONSIDERATION: Annual contracts for Land Surveying and Photogrametric Services have been utilized as authorized by the Board of County Commissioners for the past several years. This program is to award fixed term contracts for a two year period in accordance with the County Purchasing Policy. Authorization of a Staff Selection Committee was given on August 19, 1999 to review, evaluate and rank proposals from Land Surveying Firms, and to negotiate Agreements with the top ranked firms. RFP 99-2980 was issued, and thirteen (13) responses were received on September 24, 1999. Ranking Matrix is submitted with this document. The committee ranked the top five firms as follows: 1. WilsonMiller, Inc. 2. Agnoli, Barber and Brundage, Inc. 3. Coastal Engineering Consultants, Inc. 4. Southern Mapping, Inc. 5. Wilkison and Associates, Inc. A summary of significant factors form is attached. It is the recommendation of the Selection Committee that contracts be made with the five (5) firms. Upon approval by the Board of County Commissioners, negotiations will commence with the five (5) firms. Should these negotiations be discontinued for any reason, negotiations with the sixth ranked firm will commence. This process will continue until a contract is executed between Collier County and the successful firm(s). Work assignments under these A£reements are by a Work Order and Purchase Order. Work Order requests by a County Agency include a Scope of Work agreed to by the County and the professional firm. Assignments under $25,000.00 will follow Purchasing regulations being implemented with approval by the Department Director and an approved Purchase Order. Work orders over the $25,000.00 threshold require Board of County Commissioners approval. Executive Summary Agreements with Firms Page 2 FISCAL IMPACT: Funding for Land Surveying and Photogrametric Services under .... ' these agreements shall be provided by each user Division, and contracted by a Work ,) Order and Purchase Order funded by the using agency. GROV,'TH MANAGEMENT IMPACT: This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION: selection of five (5) Land Surveying Firms and recommended firms. REVIEWED BY: That the Board of County Commissioners approve the authorize staff to negotiate with the Date: ~fl3r~. Adarmes Minor, P.E., Senior Project Manager Public Works Engineering Department ~e~'Bibby, P.E., Director Public Works Engineering Department Date:///~"~ ~ REVIEWED BY: APPROVED Ste~e Carn['il, Director Purchasing Department BY' Ed Ilsct/ner, Administrator Public Works Division Date: JAM Ih Agreements Attachments .o. ¢) NOV 2 3 1999 CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: 99-2980 RFP TITLE: Fixed Term Land Surveying and Photoclrametric Services SIGNIFICANT FACTORS PERTAINING TO SHORTLISTED FIRMS: State of the Art Equipment Experience in the Area Location Projects Completed on Time SIGNIFICANT FACTORS TO RANKING OF TOP FIVE FIRMS: Good References Location Experience in the Area Projects Completed on Time Date Buyer Date IT[~I 1999 0 :n m ;0 3> Z Z EXECUTIVE SUMMARY APPROVAL OF A LIMITED USE LICENSE AGREEMENT WITH COLLIER COUNTY POLICE ACTIVITY LEAGUE, INC. FOR USE OF COUNTY-OWNED LAND FOR AN EVENT. OBJECTIVE: Approval of a Limited Use License Agreement ("Agreement") between Collier County ("County") and Collier County Police Activity League, Inc. ("Club") for use of County- owned property for a one-day event. CONSIDERATION: The Club petitioned the Board of County Commissioners on May 25, 1999 requesting use of the vacant portion of County-owned property located north of the County Landfill for a one day event. At that time, the Board directed staff to prepare an Agreement to allow the Club to utilize said property in order to operate an off-road motorcycle and all-terrain vehicle workshop. This is part of the PAL, Police Athletic League, program and shall educate participants on the proper riding and safety procedures concerning use of these vehicles. The event shall be conducted from the hours of 8:00 a.m to 5:00 p.m. on Sunday, November 28, 1999. A designated employee from the Solid Waste Department shall open the gates at 8:00 a.m and lock the gates at 5:00 p.m. The Club has already marked their course and will instruct participants to remain on the designated course, and refrain from trespassing .on privately-owned property. The Club has notified the eight private owners by Certified Mail advising them of the event date and intended use. The owners have not advised of any concerns regarding the event. The Club shall acquire any and all permits by Collier County and any other governmental entity to conduct such an event. The Club shall also post with the County bond money to ensure adequate clean-up of the property at the termination of the Agreement. The Club shall also provide and maintain general liability insurance to be approved by the County's Risk Management Department for not less than One Million Dollars ($1,000,000). The Solid Waste Department Director, the Risk Management Department Director and the Office of the County Attorney have reviewed the attached Limited Use License Agreement. FISCAL IMPACT: None GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners review and approve the attached Limited Use License Agreement between Collier County and Collier County Police Activity League, Inc. for purposes of allowing the Club to utilize the vacant property north of the landfill for their one day event. NOV 2 3 1999 PREPARED BY: ( c ~ ~-~ ~ lC.__ ./( ~' ' DATE:///' / © Q Michael H. Dowling, Specialist ~I,~eai ~rope~ M~agement Dep~ment ~VIE~D BY: . -~ DATE: /¢'- / ]-" Q ¢ David Russell, Director, Solid Waste Depment REVIEWED BY~ Ed Ilschner, Administrator, Public Works Division DATE: /'~,//~,/ ,~'~; NOV 2 3 1999 Lb'LA: LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND COLLIER COUNTY POLICE ACTIVITY LEAGUE, INC. This Limited Use License Agreement entered into this __ day of 1999 by and between Collier County., a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112, hereinafter referred to as "County", and Collier Coun .ty Police Activity League, Inc., a non-profit Florida corporation, whose mailing address is 4900 Biscayne Drive, Naples. Florida 34112, hereinafter referred to as "Club". WHEREAS, the Club requests the use of County-owned land for the purpose of conducting an ATV event to be held on November 28, 1999. WHEREAS, the County is willing to approve the use of County-owned land for such purposes; NOW, THEREFORE, BASED L-PON THE MUTAL PREMISES, HEREIN, THE P:LRTIES AGREE AS FOLLOWS: 1. The County hereby approves the use of County-owned properly identified as the vacant property, north ofth~ County Landfill, hereinafter referred to as "Property.", and more specifically shown on Exhibit "A" which is attached hereto and made a pan of this Agreement, for the purpose of conducting an AT',' event. 2. The County approves the use of the Property for the Club's use on November 2S. 1999, between the hours orS:00 a.m. and 5:00 p.m. 3. The Club shall monitor, control and assume responsibility, for all activities, vendors, licensees. invitees associated with the intentions of this Agreement, such responsibility not being limited to collection and clean-up of the Property.. The County. shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Club shall acquire any and all permits required by Collier County and any o~er governmental entiu' to conduct such an event and related activities on the Property.. The Club shall post a Four Hundred and No/100 Dollar ($400.00) cash bond with the Real Property Management Department by November 24, 1999. to insure adequate clean-up of the property at the termination of this Limited Use License Agreement. It is understood and agreed that this bond is not intended to replace the Club's obligation to clean uv the Property at the completion of its activities under this Limited Use License Agreement. The Real Property Management Department shall return such bond to Club if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Property., the Club will provide to County, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property.. The Club covenants and agrees in connection with any maintenance, r~air work. erection. construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws. ordinances, rules, regulations, and requirements of the United States o£.tunerica, State of Florida, County of Collier. and any and all governmental agencies. All alterations, improvements, and additions to the Property. shall, at once. when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order, and condition as they were installed, reasonable wear and tear excepted; provided, however, if County so directs, the Club shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in. on, or upon the Property by the Club, and repair any damage caused to the Property by such removal. 'NOV 2 3 1999 6. The Club shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not less than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to November 24, 1999; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the County by and through the Collier County Real Property Management Department. 8. The Club agrees to hold harmless and defend Collier County., the Board of Coun~ Commissioners of Collier County, Florida, and their agents and employees, from any claims, assertion or cause of action for any loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. The Club further agrees to indemnify Collier County and the Board of County. Commissioners of Collier Coun~ for any costs, expenses or fees, including attorneys' fees, arising from any claims or cause of action for loss, injury or damage to persons or property arising from or associated with the Club's activities or use of the Property. 9. The Club covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons to occupy same without the wrinen consent of County. 10. The County reserves the right to cancel and'or reschedule any or all of the above-described activities, scheduled for any or all of the above-listed days, upon twenty-four (24) hours notice to the Club of County's intent to reschedule and/or cancel. 11. The County and Club specifically agree that this Agreement represents a license for the Club's use of the Property and does not convey any estate in the Property. or create any interest whatsoever. 12. The Club represents and warfares to the County. that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 13. The Club shall be responsible for paying all sales taxes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event· 14. The sale of alcoholic beverages shall be prohibited on the Property during this event. 15. This Agreement shall become effective upon execution by both the County and the Club. 16. This Agreement is governed and construed in accordance with the laws of the State of Florida. 17. The main gate at the Landfill shall be unlocked by a Waste Management employee at 8:00 a.m. and closes at 5:00 p.m. to assure all activity is completed during daylight hours. 18. The event organizers shall provide a contingency plan for removing stuck or disable vehicles from the Property by the designated closing time. 19. Collier County Sheriff's Deputies shall be at the Landfill and Property in order to maintain security of the entire landfill property, restricting event participants to designated areas. 20. The east perimeter road shall be used for access to the northeast comer of the kandfill properts.' in order to access the Property. 21. A portion of the closed cell one and two located in the northeast comer of the Landfill shall be available for use as a parking area during this event. 22. The event organizers shall be responsible for providing access for participants of the event through the County-owned fence near the northeast comer of the Landfill. 23. ofthe event. The fence, referenced in item 22, shall be returned to it's original condition at the conclusion of the day NOV 2 3 1999 24. The Club is aware that there are other property owner's within the perimeters of the Demised Premises and Club shall refrain from trespassing upon those properties. The County shall not be responsible or liable to any property owner if the Club or its attendees trespass upon those properties. Those properties are referenced as the shaded areas in Exhibit "A" which is attached to this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use Lic,. Agreement as of the day and year first above written. AS TO THE CLUB: DATED: /// /2 . ~' ~ itne~s (signature) (print na.En_ e) ~j'tness (signamr~ (print name) COLLIER COUNTY POLICY ACTIVITY LEAGUE, INC. a Florj~ Non-profit C,9,~l~tion David Carpenter, President AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BO?RD OF COUNTY COMMISSIONERS. COLLIER COLqWTY, FLORIDA ,DeputyClerk P)uMELA S. MAC'KIE, Chaip,vom~ Approved as to form and legal sufficiency: Rolsert N. Zachery, Assistant CounD' Attorney NOV 2 3 1999 EXHIBIT "A" i ,, ¢ NOv 2 ~ lss~ I EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO APAC-FLORIDA, INC., FOR IMMOKALEE ROAD (I-75 TO C.R. 951) FOUR LANE IMPROVEMENTS, BID NO. 99-2992 AND AUTHORIZE A SUPPLEMENTAL AGREEMENT WITH HOLE, MONTES AND ASSOCIATES FOR CONSTRUCTION SERVICES OBJECTIVE: To receive Board approval and award of a construction contract for Immokalee Road four lane improvements to APAC-Florida, Inc. in accordance with Bid No. 99-2992 and authorization of a supplemental agreement with Hole, Montes and Associates for services during construction. CONSIDERATIONS: The engineering design firm of Hole, Montes and Associates (HMA) has completed the design and permitting of the Immokalee Road four lane improvements from 1-75 to C.R. 951. Bids were opened on November 10, 1999. Performance time for Bid No. 99-2992 is 380 calendar days for substantial completion and 410 calendar days for all work and final acceptance. As an incentive for early completion, the construction specifications include an Incentive Bonus Payment option in the amount of $195,000 payable to the contractor when the work is completed and accepted on or before three hundred (300) calendar days in lieu of the 365 calendar days allowed after utilities relocation. The $195,000 is the money it will cost the County for 65 calendar days of project time based on a calculated three thousand dollars ($3,000.00) per day. This is the same per day amount the County will charge the Contractor should ne fail to substantially complete work as noted above. The bid stage activities and results for the Immokalee Road four lane improvements are summarized below: (1) The Project was advertised for bids on September 17, 1999. (2) A pre-bid conference was held on October 7, 1999 and again on October 20, 1999. (3) The bid opening was conducted on November 10, 1999 by the Purchasing Department staff. (4) Four (4) bid proposals were received. Staffhas evaluated the bids for the lowest amounts as tabulated below. APAC-Florida, Inc.'s bid of $6, 747,845.46 is the lowest bid amount. Bidder APAC=FLORIDA~ INC Better Roads, Inc. Ajax Paving Industries, Inc. Westwind Contracting, Inc. Engineer's Estimate Roadway Bid $6,670,088.26 $6,814,986.21 $7,393,899.77 $7,381,229.58 $ 7, 380, 435. 75 Utility Bid $77,757.20 $75,321.84 $74,465.11 $106,852.97 $45, 704. O0 Total Bid Amount $6,74 7, 845. 46 $6,890,308.05 $7,468,364.88 $7,488,082.55 $7,426,139. 75 APAC-Florida, Inc.'s low bid of $6,747,845.46 is 9.13% lower than the Engineer's estimate and it is 2.06% lower than the next low bid of Better Roads Inc. The contract with HMA, the design firm, is for design services only and does not include services during construction. It is prudent to have the design engineer on board during construction as the design professional to clarify design issues and perform construction observation in order to certify the construction N V 3 1999 PG. I Immokalee Road Bid No. 99-2992, Page 2 of 2 to the South Florida Water Management District. Staffhas negotiated the services and fees necessary to have HMA on board during the construction services. The fee for the services is $69,700.00. Staff recommends ihat the Board authorize the PWED Director to execute a supplemental agreement with HMA for $69,700 after legal review of the supplemental agreement by the County Attorney. FISCAL IMPACT: Funds in the amount of $6,670,088.26 are available in Road Impact Fees District 1, and Road Construction Gas Tax, for Immokalee Road Project. Fund source is Impact Fees and Gas Tax. A budget amendment is needed to transfer funds in the amount of $87,866 from Water Capital reserves into the Water portion of this project. Funding source is User Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No.8 is consistent with the Transportation sub-element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Award a construction contract to APAC-Florida, Inc. in the bid amount of $6,747,845.46. (2) Authorize the use of the Incentive Bonus. (3) Authorize the PWED Director to execute a supplemental agreement with HMA for services during construction in the amount of $69,700 upon review by the County Attorney. (4) Approve the necessary budget amendment. (5) Direct the Board Chairwoman to execute the construction contract with APAC-Florida, Inc. SUBMITTED BY:~ ('~N Micah K.-Massa~O~, P.E, Plv;IP ._~ Project Manager, OCPM REVIEWED D~ ey Bibby, P.E. REVIEWED BY: REVIEWED BY: APPROVED Date: ~te: / Dir. eetor, PWED / ~ ~_ Date: /,/-'Z.5~' Edward'Kar~, y.E. - ..... Director, Tr~t~rtation Services Dep~ment ~~ ~,~'~ Date: [{/tZtq~ Stephen Y. ~mell Director, Purchasing Public Works Administrator NOV 2 3 1999 EXECUTIVE SUMMARY APPROVAL OF AN ASSIGNMENT OF LEASE BETWEEN COLLIER COUNTY AND THE MARCO ISLAND SAFE BOATING ASSOCIATION, INC. !::~laIF.~ClI3~: Approval of an Assignment of Lease between Collier County ("County") and The Marco Island Safe Boating Association, Inc. CONSIDERATION: The Marco Island Flotilla, Inc. has recently changed its name to The Marco Island Safe Boating Association, Inc. and has requested that the current Lease with Collier County be revised to reflect this change. The attached Assignment of Lease has been executed by the Marco Island Flotilla, Inc. and The Marco Island Safe Boating Association, Inc. The Assignment has been reviewed and approved by the Office of the County Attorney. ]FISCAL IMPACT: None. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Assignment of Lease for The Marco Island Safe Boating Association, Inc. and authorize its Chairwoman to execute same. Real Property Management Department DATE: Thom~'~. 0-'~liff, ~dmiJ~ator - Public Services Division DATE: A~en d.&: lt, e~ Lease #675 ASSIGNMENT OF LEASE This Assignment of Lease is daled this. 'of t_-".' ~ ~ z,,L , 1999, by and between Marco Island Flotilla, Inc., hereinafter referred to as "Assignor", and The Marco Island Safe Boating Association, Inc., hereinafter referred to as "Assignee". In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid on this day, Assignor hereby assigns all its rights, interest and obligations in that certain Lease Agreement dated June 23, 1998, by and between Assignor as Lessee and the Board of County Commissioners of Collier County, Florida, as Lessor, to Assignee. Assignee, being The Marco Island Safe Boating Association, Inc., does hereby agree to assume all fights, interest and obligations of Lessee under said Lease. IN WITNESS WHEREOF, the parties have WITNESSES: (print or type name) (Signature) ~3 (print or type name) executed fids Assignment tl~t--',~en above. ~SSIGNO ?FL IN-- ROBERT WITTier ( DATE EXECUTED'-. /"~'~//~,/1~ 5q ~' WITNESSES: (Signature)/ (print or type name) (Signature) ~ (print or lype name) ASSIGNEE: THE MARCO ISLAND SAFE BOATING ASSOCIATION, INC. ROBERT M. DUCEY, President DATE EXF. CUTED: /t' '/~ ? :~ Consented to this day of ATTEST: DATED: DWIGHT E, BROCK, Clcrk , Deputy Clerk · 1999. F OARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairxvoman A~.p~ved as to form and legal sufficiency: I~e~-di-F.~on, Assist'~nt ~ounly Attorney ! z :99S EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR EAGLE LAKES COMMUNITY PARK PROJECT Objective: To obtain Board approval of Change Order #4 to Contract #97-2745 with Wilson, Miller, Inc. for Eagle Lakes Community Park Project 80037. Consideration: Change Order #1 was an increase of $10,500 to Contract #97-2745 with Wilson, Miller, Inc., for water use and dewatering permitting. Change Order #2 was an increase of $4,800 for additional funds for reimbursables, such as blueprints, copying, courier service, etc. Change Order #3 was for $350 for a sketch and legal description of a utility easement for the backflow preventer. All of these Change Orders were within the allowable ten percent of the original contract of $200,100, and therefore did not require board approval. Change Order #4 is necessary to provide for additional re-design, inspections, coordination, meetings, etc. due to an extended construction schedule. Additionally, reimbursables have been increased to provide for additional blueprinting and record drawings. Total cost of Change Order #4 amounts to $12,600, which brings the project total to $228,350. Fiscal Impact: None, funds will be reimbursed by the general contractor W.G. Mills, Inc. for delays in construction. Growth Management: None Recommendation: That the Board of County Commissioners approve the necessary Change Order #4 to Contract 97-2745 with Wilson, Miller, Inc. Reviewed by: Date: Ja~es Fitzek, Ol~erations Manager Parks and Recreation Departn3~t ~6~ph 1/7. Delate, ASLA, Project Manager Department of P/~)ks and Recreation Re viewedby: ..t~.~y,~ /(~ Date: ltTlarla Ramsey, Directo~/ Department of Parks and Recreation Approved by:- \ ,..l~a&~_ ~,., Thomas W. Olliff, Admi~rator Public Services Division Date: I m 2 q 1999 CItANGE ORDER TO: Wilson, Miller, Inc. FROM: Collier County Parks and Recreation 3200 Bailey Lane, suite 200 3300 Recreation Lane Naples, Florida 34105 Naples, Florida 34116 Project Name: South Naples Community Park / Engineering Services Agreement Dated: February 17, 1998 Contract No.: 97-2745 Change Order No.: Four Date: 11/8/99 Change Order Description: RFP # 97-2745 was awarded to Wilson, Miller on 2/17/98 for $200,100. Since that time, the contract has been amended three times to account for additional permitting responsibilities and increased reimbursables for a total of $215,750. Now, as part of the construction phase services of the project, it is necessary to provide for additional re-design, inspections, coordination, meetings, etc. due to an extended construction schedule. Additionally, reimbursables have been increased to provide for additional blueprinting, record drawings, etc. Therefore, Task A6 (Construction Phase Services) is increased by $10,600.00. Additionally, reimbursables are increased by $2,000.00 for a total Change Order increase of $12,600.00 which results in a new grand project total of $228,350.00. Original agreement amount ........................................................ $200,100.00 Sum of previous change orders, amount ....................................... $ 15,650.00 This Change Order Amount [add] ............................................................. $ 12,600.00 Revised Agreement Amount ........................................................................ $ 228,350.00 Original contract time in calendar days ......................................... 730 Adjusted number of calendar days due to previous change orders .......... 0 This change order adjusted time is .......................................... 0 Revised Contract Time in calendar days .......................................... 730 Original Notice to Proceed date .......................................................... 2/23/98 Completion date based on original contract time ................................ 2/23/00 Revised completion date ...................................................................... 2/23/00 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 Engineering Firm arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: ~~(~~__2 Date:, Jo~l~h F.,~elate, A~LA, Project-Manager Parks and Recreation Department Accepted by: Date: Bruce A. Rankin, RLA, Vice-President Wilson, Miller, Inc. Authorized by: Date: Maria O. Ramsey, Director Parks and Recreation Department (For Use by Owner: Fund:368 Cost Center: 156416 Object Code:631400 Project No.:80037) G:~orms\Change Order Master.doc Revised 02/03/98 [ ~'~-en 0il .I t -oV 2 EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON THE TWO INDEPENDENT APPRAISALS OBTAINED ON THAT PROPERTY LOCATED ADJACENT TO THE GOLDEN GATE COMMUNITY CENTER OBJECTIVE: To have the Board of County Commissioners approve, by extraordinary vote, the purchase of that property owned by Avatar Properties Inc., (Avatar) and legally described as "All of Block 118, Golden Gate Unit 4", and which is located adjacent to the existing Golden Gate Community Center. (See attached location map.) ; On September 14, 1999, Item 8C(2), the Bo~d of County Commissioners accepted a counteroffer proposed by Avatar for the subject property in the amount of $525,000. An Agreement for Sale and purchase was also approved. The Agreement.however provides that the County must first obtain two independent appraisals and may terminate the Agreement with or without cause (if the appraisals are lower than the contract price) within ninety (90) days of the Agreement. Staff informed the Board on September 14, 1999 that should the purchase price exceed the average of the two (2) appraisals, staff would return to the Board to obtain approval of the purchase by extraordinar'¢ vote as mandated by Florida Statute (s125.355(b)). As previously advised, the subject property, comprising 7.3 +/- acres, is restricted to "civic purposes only". This restriction has been confirmed by title information recently provided by Avatar. The approved appraised values for the subject site, considering the "civic purposes only" restrictions are as follows: Stewart and Company, Inc: Kenneth Devos: Average: $511,000 $401,500 $456,250 Based upon the above information, the Board of County Commissioners must approve by extraordinary vote the purchase of the subject site. The sole purpose of this executive summary is to seek approval to compensate Avatar $525,000, which exceeds the average of the two appraisals noted above. It is important to note that the appraisers were also instructed to appraise the market value of the property as though the civic purpose deed restrictions did not exist. Under this scenario, one appraiser placed a value on the property of $730,000. In a sense, the existence of the deed restrictions actually benefited the County. Had the restrictions not been in place, the County would have competed against a much larger market for the purchase of the property. As it is, competition for the property is reduced, while the County intends to put the property to a civic purpose anyway. An environmental audit has been completed on the subject site and no concerns were noted by the County's Pollution Control Department. i ,ov 1999 L !- FISCAL IMPACT: As stated on September 14, 1999, any costs would be funded from impact fees and/or from the Golden Gate Community Center special taxing district, which already exists. As stated in prior executive summaries, the Golden Gate Community Center Advisory Board seemed inclined to recommend that impact fees be the funding source for this property purchase. They also indicated a willingness to consider purchasing approximately 2 to 3 acres of the subject property through the taxing district in order to reserve the ability to hold the traditional community events on the site. An amount of $1.3M has been budgeted in the FY 99/00 Parks Capital Projects budget for the purchase of this property and its construction. Should this item be approved, the Advisory Board will be asked to consider, based on the final negotiated price, their interest in purchasing a portion through the existing taxing district. Should the district purchase any portion, the revised taxing district budget would be returned to the County Commission for final approval. GROVVTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this project. If the Board approves the purchase, the value of the land and acreage would be added to the County park land inventory. The cost of any improvements constructed on the property would be added to the Park facilities inventory value. RECOMMENDATION: That the Board of County Commissioners approve the purchase price ($525,000) by extraordinary vote and direct staff to proceed with those recommendations included in the September 14, 1999 executive summary. PREPARED BY: ~ ~-~ ~.'% DATE'. SAND~r~I. TAYLOR, REAL P~ROPE?~,MANAGEMENT DIRECTOR REVIEWED B~: ~~~j ~ DATE:~,~ TH~'~W~LIFF, ~IC SERVICES ADMINISTRATOR .... N 0 V 2 .! 1999 .¢ [ Location Map ] ~ *,~',',=. ~.,,,',, '-." I l NOV 2 3 1999 J EXECUTIVE SUMMARY APPROVE THE FINAL RANKING OF LANDSCAPE ARCHITECT FIRMS FOR THE IMPLEMENTATION OF MASTER PLAN FOR NORTH NAPLES REGIONAL PARK REQUEST-FOR-PROPOSAL, 99-2947. Objective: That the Board of County Commissioners approve the final ranking of the Landscape Architect Firms as recommended by the RFP Selection Committee, and authorize staff to negotiate a Professional Services Agreement with the number one ranked firm, Bellomo Herbert and Company, for professional landscape architecture design services for the implementation of a master plan for North Naples Regional Park pursuant to RFP #99-2947. Consideration: On June 1, 1999, request for proposal were distributed by the Purchasing Department to 86 architectural firms. 34 firms requested the full proposal package. 8 firms returned proposals on or before the established deadline of July 16, 1999. The Consultant Selection Committee was empowered by the County Administrator on May 21, 1999 and ranked the respondents after presentations as follows: 1. Bellomo Herbert and Company 2. Wilson Miller, Inc. 3. Herbert Halback, Inc. The Consultant Selection Committee ranked Bellomo Herbert and Company higher because of their vast experience with park design projects, their peer review process, as well as a demonstrated understanding of the environmental issues associated with this project. A copy of the Ranking Matrix and the Summary of Significant Factors Forms are attached. Growth Management: None Fiscal Impact: There is no fiscal impact at this time. Recommendation: That the Board of County Commissioners approve the short list as recommended by the RFP Selection Committee for the Implementation of Master Plan for North Naples Regional Park RFP and authorize staff to begin negotiations with Bellomo Herbert and Company. Prepared by: !,j,~ ~?. ~ Date: ," ames Fitzek, ~perations Manager '~/Daepartment of Parks and Recreation Reviewed and Ma~rla R~am ~irec~ Approved by: Date: De pa rt men~'pDal~ a n o r~ecreation Reviewed and ~ ~~/ Approved by: Steve Ca~ell~ DireCtor Depadment of Purchasing Reviewed and_.._......,~ ~'~ ~ Approved by: ~.~t~_ ~. ~ ~ Th~'~s ~. dlli~fl, Adm~i~- Division of Public Services Date: \ \,\_~.. ~ ¢ Agenda _Ite~ ,o.. _ N 0 V 2 3 1999 Z n' Z UJ 0 NOV 2 ~ 1999 [ EXECUTIVE SUMMARY CONFIRMATION OF DR, JOAN COLFER, M,D,, COLLIER COUNTY PUBLIC HEALTH DIRECTOR M.P.H., AS THE NEW OBJECTIVE: To have the Board of County Commissioners confirm the State appointee for the Collier County Public Health Department Director position. CONSIDERATIONS: Following the departure of Dr. Chades Konigsberg in August, 1999 as the Collier County Public Health Department (CCPHD) Director, notice of the position was posted by the State Department of Health (DOH). Of the neady forty applicants, the State staff short listed a group of six applicants for final interviews. The interviews were conducted in Collier County by a panel of six persons made up of three County employees including the Collier County Medical Examiner, the County Administrator and the Public Services Administrator. The other three interviewers represented the State DOH and included the Assistant DOH Secretary, the Broward County Public Health Director and the current interim CCPHD Director. As a result of the interviews, Dr. Joan Colfer is being recommended unanimously by the committee to fill the position as the CCPHD's new Director. Dr. Colfer is currently the Director of the Bureau of Disease Control for the Baltimore County Health Department where she has served since 1992. She possesses a B.A. in Psychology from the University of Delaware, her M.D. from the Universidad Autonoma de Guadalajara, and a Masters in Public Health from Johns Hopkins University where she majored in maternal and child health. Dr. Colfer's full resume' is attached for review. The State DOH has concluded all of its background research and agreed to employment terms with Dr. Colfer. The final step in the process is a confirmation by the local Board of County Commissioners as is directed by Florida Statutes. It is with the full recommendation of both the State DOH and the selection committee that Dr. Joan Colfer be confirmed by the Collier County Commission as the Director of Public Health for Collier County. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this confirmation. FISCAL IMPACT: County funds are provided in the fiscal '00 budget in the amount of $603,400. In addition the estimated value of rental space and operating expenses paid by the Board in this fiscal year's budget are $496,455. Dr. Colfer's salary will be paid through the State DOH, and will not require any change to the funds already budgeted. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, confirm Dr. Joan Colfer, M.D., M.P.H., as the Collier County Public Health Department Director. Prepared ~3y: ~~'~'~/------' ~hom~s W~-O~ervices Administrator N 0 V Z _t 1999 J ; · lOAN M. COLYER, M.D., Mo,,~on. ~d 2 EDUCATION A_N'D TRA~G Univer~y of Dehware, B.A. Psychology, 1973 Un2w~ddad Autoaomn d~ ~ad~j~a, ~D., 1977 ~ ~ Ho~k~ 1977-1~8 FiSh Pa~way M~hnd ~d ~k~ 1978-1979 Categodc~ OB/~ ~ U~ M~a~~kd 1979-1980 OB/G~ R~d~t ~o~n Hop~s U~~, School ofHy~e ~d ~Hc ~ ~P.~, 1981 ~jon ~t~ ~d ~d ~ Acad~c Ye~ of~~e M~e ~edd~ Tra~g 1980-1981 ~~m Ye~ of~~e Me~e ~d~ Trig 1981-1982 M~d D~~t ofHe~ ~d M~t~ Hy~e 1982-1983 A~~ ye~ of~b~c ~ ~dd~ Trig EPLOYMENT ~r~STORY Baltimore County Health Department July 1992-Present Dir¢~or, Bureau of Disease Contxol Sept~r~her 1993-Present · Supervise comrrn~nicable disease, cancer, dental health and medical environm~talhea~h programs. · Con.suk with other county agencies on issues which include lead in school drinki~ water, asbestos, and special medical waste. · Made directly ob .s~rvcd tubercul~ therapy ~vailable to private physicians and their patient. · Brought renowned CDC STD ~rah~ng program to Baltimore Cw~?y cli~;c · Implemented the CI ~lA. {Cl~ical Laboratory Improvement ,a~umdmeat) program for Baltimore County Department of I-Iealth. · Made large federally funded Breast & C~xdc~ Cancer Program avs~,bl~ to over 1,500 low incom~ Bsltimnre County women. · lmpIemen~ed the lVlaryhnd Occupational Safety and Health (MOSH) Tuberculosis program. Director, Bu~au of Prevenrive Services luly !992-Sept 1993 · S~rved as m~-cllcal co~l~ant to Bs~r~ore County public ami parochial schools. M-.~sed large scitool heath_ nursing program Supervised ail maternal and chi]d he~th r, ervices. ~ed ~ school ba~d c~ ~ B~re Co~w. I~l~ed ~ school bared i~mi~agon pro,ams ~ B~ore Co~ el~~ ~oo~. l~aryland Department of Health and NIen~! Hygiene 1983-1992 Dire~or of Program Services, Local and F~m~y Health Administration · Started statewide home he~th agency assur~g the state and local health depaxtmmxts ofove~ dollar~ in federal Medicaid dolhrs. · Medical coxm'ultnnt to 24 local health departments in Maryland · Developed a respcmze system to the prob, lcm of special medical waste ia all local subdivisions. Workec with thc Maryla-d Department of thc Environment to issue state guidelines progr, m~. · Provided medical coverage as acting health officer when vacancies occurred. Covered Somerset ccu~. with a staffo£75 employees ~t a budget oFapproximatety 2 m~on dollaxs. CoYercd Wico~¢o Coum~ w-iflx 200 employees and a budget ors million · Keviewed and testified on rn.jor public heath legislation before the Maxytaad General Azsembly. · Co-clxaired thc Hcal~ Officers Monthly Kound Table. a for~m Maryl,~-d. ~ Assistant Director, Preventive Med/cine-Public Health Residency Program · Provided day to day gupervision of residents. · Recruited and selected ail candidates for · Provided public health rotation for medical students. · Monitored and evaluated resident's research p~ojects. · M, intaiaed residency accreditation with the Accreditation Council on Graduate Medical Educatio'- · Asbestos in a Baltimore County School - Channels 2, I I. I3, 45; September, 1993 · Lead in School DrlnlcMg Water - Towson Times; February, 1994. · Immmaiza~on in Eiem_emary Schools - Baltlmnre Stm; Marcl~ 1994 · Rabies- Comcast; April, 1994 · Lead as a Public I~th Problem - Interview with IKon Matz, Channel 13~ M~rck, 1994 · Is there TB at the Social Security Adrr6-1~ration Building - Interview with Josh Taylor, Channel 45 Ctmunel 13; M~ch, 1995 PRESEN2'ATIONS Ymplementing MaryLand's Birth Defects Registry. training offered regionany to Maryland ho~'als physicians, and nurses, 1983. Standards for Local He,~h Depar~ra~ts: Panel presenter at the American Public Health Assoc~'5o~ meeting in .Anaheim, California, 1984. Model Standards Concepts: Part of day long program taught in ail local health departrnc-nts, 1987. rmplementing Model Standards in Maryland: Public Health practice courses, Johns Hopl,+ns Schocl o Hygiene and Public Health, 1988. Medical Waste Update: Annual DHlVfH Commtmicable Disease SeruM_ar, 1989. An Overview of Maryland's Public Health_ System, taught as introductory lecture to Universe.:' o Maryl~md academic year Preventive Medicine Residents, 1990. Competency Based Outcome Measures for Preventive Medicine Kesidents: p~s~,ted at,. the Am College of Preventive Mediciae meetings, Bahimore, Maryland, 1991. [ "Agenct.~. I.t_~m ~_ I-~.~ory of Tuberculosis Pro~.m~ in ~.-~ pres:ted ~ ~e~on~ ~b~~ ~p~e,"1991. ~ ~:~ta~ b~re ~e ~co~co Co~ Co~c~ to as~e con~ue4 ~~ for $5 ~on ~ S~c~s Coor~a~0n ~o B~e~ B~Hmore Co~ C;H~s: Lea~: of~om~ Vo~s, 1993. ~more Co~ He~ D~~t Budg~ ~s~ta~on: B~o~ Co~ ~b~ of Co~~, ~c~e ~sg~t. S~, .1993 C~t Kecomm~on for ~e,Con~ol ~d Trea~ent of~: ~d Ko,ds st Fr~-k~ Sq~c Ho~k~ 1994. . ~. ~bies ~ ~~d: Com~a~ Cable ~ 1994. World A~S Day, Dec~ 1, 1994 ~ a co-work~r has mb~c~: So~ Sc~ Asm~i~ra~o~ M~ 19~ CERTIFICATION AND I.rCENSUR.E - Licensed to practice medicine in Maryland: Registration Nx,mhcr D27059. · Board Certi~ed i~ Preventive Medicine and Public He~hh lVFEMIIERSmq~S LN PRO~ESSIONAL SOCIETIES Past Vice-President of thc Resid~-~t Physlci~n~ Section of the,State Medical Society. American Public Heath Association. .' American CoIlcge of Preventive Medicinc. B.h~-~ore County. Medical Association, Alternate Delegate to thc State l~Icdical Co-C~;r of the Membership Committee APPOINTMENTS A.~FD CO,.MlVI1TFEES UniversiW of Maryland School of Medicine · AAjunct Assist~t Professor, Dcpartm~t of Epidemiology and Preventive Medic/ne. lr~. lemented f~rst Public Henlth Practice course: offered to University of Maryhnd 1st year residents on He at the Mary~,~d Depart..ent of Health and Mental Hygiene. · Advisory Comrrr~ee to the Preventive Medicine Residency PrO~m $oh-~ Hopk~'~ School of Hygiene and Publ/c Health · Standing Corem/tree on Preventive Medicine Residency Progr.m. Chair of Sub-comr~ttee on Curfieul,,m, respondble for developing first set of competency based objectives for residency tr,~-~g. Presented at the American College of Preventive Medicine meetings. Spring, 1991. American College of Preventive Medicine · Item %Tker for Board Examination in'preventive Medicine, 1993. Delta Omega Honorary Public Health Society · Elected April I994. A ' gert d.a. Lt em/~ 0 V 2 3.1999 HRS-ST. HEALTH OFFICE 12 '99 13:13 P. 02/02 ]cb Bush Govcrnor :850-487-:5729 Nov Rotx-rt G. Brooks, November 10, 1999 Mr. Robert Fernandez Collier County Administrator 3301 East Tamiami Trail Naples, FL 43112 Deal' Mr, Fernandez: I have presented to Secretary Brooks, the recommendations for the Collier County Health Department Director position from our selection committee, After careful consideration, he selected Dr. Joan Colfer as suggested by the committee. Before offedng her the position, we am refemng her selection back to you for concurrence by the Collier County Board of County Commissioners. As members of the selection committee, both Dr. Hunter and l feel she is a highly qualified applicant who will serve the interests of your community well. i also wish to thank you and the other members of the selection cornmittee for your active involvement in the selection process for this important position. Our department is most effective when we are able to cement strong bonds between county government and us. I feel that close ties are already present in Collier County. Please feel free to contact me at (850) 245-4243 if you w~uld like to discuss this further. Sincerely, Leslie M. Beitsch, M.D. Assistant State Health Officer gend~. It~e~ wo 0 V 2 3 1§9§ __ .Pg' NOU-12-1999 12:20 2020 Capit~lCircleSt~. Tallahasse~,F'L32399-1700 850 487 5729 98% P. 02 EXECUTIVE SUMMARY AUTHORIZE THE CHAIRWOMAN TO EXECUTE AN AGREEMENT BETWEEN FOREST PARK SUBDIVISION AND COLLIER COUNTY TO PROVIDE A PUBLIC WALKWAY/BIKE PATH THROUGH THE FOREST PARK P.U.D. CONNECTING TO THE GOLDEN GATE COMMUNITY PARK OBJECTIVE: To finalize by agreement the pathway location that will provide public pedestrian/bicycle access to the Golden Gate Community Park from the east. CONSDIERATIONS: The Board of County Commissioners authorized an excavation agreement for the Forest Park PUD with a stipulation that the developer and staff develop acceptable language that would provide for a public pedestrian/bicycle access through the project into the Golden Gate Community Park. An agreement was developed from meetings with the Park staff and the developer. The attached document reflects what was agreed to and provides an access to the park that will be constructed by the property owner. It has been reviewed by the County Attorney's Office, the Parks and Recreation Department and the Planning Service's staff. The developer has received a copy of the agreement and verbally agreed. However, in order to avoid delaying the project, the agreement has been submitted prior to having the property owner sign. Therefore, it is recommended that the Chairwoman be authorized to execute the agreement following execution by the property owner and the County Attorney Office. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this agreement. FISCAL IMPACT: There is no fiscal impact to the County associated with this agreement as the access will be provided and constructed by the private property owner. Recommendation that the Board of County Commissioners authorize the Chairwoman to authorize the attached agreement between Collier County and the property owner of the Forest Park PUD following execution by the property owner and signature from the County Attorney office. Prepared-Sy: t,~'~~ T~i~-a~ V~/. O~~lic Services Administrator 't12.~ FOREST PARK PUBLIC WALKWAY/BIKE PATH AGREEMENT COLLIER COUNTY AND FOREST PARK Forest Park's Subdivision plans currently call for a sidewalk on the South side of the street segment as is indicated by Legend "SW" on the attached Exhibit "A." The previously planned sidewalk segment need not be constructed. In lieu thereof Forest Park hereby agrees to construct a public walkway that shall have a paved width of six (6) feet on the north side of the street segment. The location of this walkway is depicted by the Legend "WW" on the attached Exhibit "A." At no cost to Collier County, Forest Park shall convey to Collier County an easement for a public walkway/bike path. This walkway/bike path shall have a paved width of twelve (12) feet. This improvement is depicted by the on Exhibit "A" as "BP." This improvement shall be centered on the lot line that divides the two residential lots in the northeast comer of Forest Park. Witness: FOREST PARK SUBDIVISION By: (L.S.) Name: Title: Printed Name of Witness Witness: Printed Name of Witness ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTYCOMMISS1ONERS By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and Legal Sufficiency Thomas C. Palmer Assistant County Attorney Agenda NOV 2 3 199g Agenda ~o.,_ /~( ~)~ 99 Pg. APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE ATTACHED EXHIBIT A Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $3,177.06, and the sewer impact fee fund by $497,467.55. The fiscal impact for recording the Satisfaction of Liens is approximately $1,398 which is to be charged to the Department of Revenue. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the chairwoman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circui.t Court of Collier County to cancel the same of record. Prepared by: ~"-,,,/~z/,'~,.- _~/~..z~'~./ Date: ,,//~/~" Gary R.~l~cco, Revenue Supervisor Dep~/~ent of/p~evenue ~.,/~./// y. ~, Date: // ~/2 Reviewed b' ~///,Z'/~-', ~ ~///' - ~ Teresa A. Riesen, Revenue Manager Reviewed bi· Approved b : Department~Reven uq----., Iol' mkosky~ De ant of ReveNue Date: \\/ Date: i ' AI,E ND A ITEM ,o. /~D i NOV 2 3 1999 Pg. / EXHIBIT A 1. William J. Madr, Jr and Martha T. Madr, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 2. Edward F. Jelenich, Jr and Maureen E. Schaare, husband and wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 3. Clovid Jones secudng the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 4. Gary W. Kearns and Nancy J. Kearns, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 5. Robert E. Kmsnosky, a single person, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 6. Luis Lesende and Ela Lesende, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 7. Robert L. and Wilma Iverson, husband and wife, and Harry E. and Martha R. Bickford, husband and wife, securing the principal balance of one thousand sixty dollars and five cents ($1060.05) plus accrued interest. 8. LeRoy T. Sanders and Mary Anne H. Sanders, husband and wife, securing the principal balance of nine thousand nine hundred dollars and no cents ($9900.00) plus accrued interest. 9. James F. Houser and Brenda P. Houser, husband and wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 10. Jay W. Kohlhagen and JoAnne M. Kohlhagen, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 11. Bertha M. Townsend, a widow, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued inten ;st. NOV 2 3 1999 12. LeRoy T. Sanders and Mary Anne Sanders, husband and wife, secudng the principal balance of four thousand four hundred dollars and no cents ($4400.00) plus accrued interest. 13. Norice Haylock and Judy Haylock, husband and wife, securing the principal balance of one thousand fifty nine dollars and two cents ($1059.02) plus accrued interest. 14. Norice Haylock and Judy Haylock, husband and wife, securing the principal balance of one thousand two hundred nine dollars and sixty six cents ($1209.66) plus accrued interest. 15. Michael R. Mahoney and Sandra Mahoney, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 16. Clyde G. McFry and Catherine McFry, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 17. Francis T. Messier, Jr. securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 18. John C. Millar and Virginia A. Millar, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 19. William J. Neely and Chloe M. Neely, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 20. Doreen A. Pagnotto, a single woman, securing the principal balance of one thousand two hundred fifty nine dollars and sixy six cents ($1259.66) plus accrued interest. 21. Emedck Palazzo securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 22. Mark Palmgren and Lisa Palmgren, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 23. Johnnie N Raulerson securing the principal balance of one thousand two hundred fifty nine dollars and sixy six cents ($1259.66) plus accrued interest. 1999 _ 24. Orin E. Tatum and Victoda A. Tatum, husband ar, d wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 25. James C. Thibadeau and Margaret W. Thibadeau, husband and wife, secudng the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 26. Robert L. Ondre, a single person, and Joanne M. Tobolski, a single person, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 27. Trail View Apartments, Inc., a Florida Corporation securing the principal balance of Seven thousand seven hundred dollars and no cents ($7700.00) plus accrued interest. 28. Russell J. Poole, Jr. and Frances M. Poole, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 29. Reginald Vonwindeguth and Patricia Dunn Vonwindeguth, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 30. Alfonso E. Fontdevila and Merida Marcela Fontdevila, his wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 31. Juan Acosta and Julia Acosta, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 32. Johann W. Marti and Asta I. Marti, husband and wife, and Roy W. Marti, as joint tenants with full rights of survivorship, securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. 33. Johann W. marti and Asta I. Marti, husband and wife, trustees, securing the principal balance of six thousand six hundred dollars and no cents ($6600.00) plus accrued interest. 34. Johann W. Marti and Asta I. Marti, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 35. Johann W. Marti and Asta I. Marti, ,"usband and wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 36. Codna C. Zamarippa, a married woman, securing the principal balance of one thousand fifty nine dollars and two cents ($1059.02) plus accrued interest. 37. Corina C. Zamarippa, a married woman, secudng the principal balance of one thousand fifty nine dollars and two cents ($1059.02) plus accrued interest. 38. Thomas R. Francis and Carolyn Francis, husband and wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 39. Claudia Frees, a single person, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30)plus accrued interest. 40. Donald R. Hanson, a married man, securing the principal balance of three thousand four hundred sixty six dollars and seventy cents ($3466.70) plus accrued interest. 41. William F. Gallagher and Barbara J. Gallagher, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30)plus accrued interest. 42. Lynda Sue Garrell, a single woman, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 43. Stuart O. Kaye, trustee, securing the principal balance of two thousand two hundred dollars and no cents ($2200.00) plus accrued interest. 44. William E. Forsyth and Audrey Forsyth, husband and wife, securing the principal balance of Seven thousand nine hundred forty dollars and no cents ($7940.00) plus accrued interest. 45. Fineis Construction, Inc., a Florida Corporation, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 46. Jose Thomas Bonilla securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 47. Kimbedy V. Cunningham, Jr. and Regis A. Cunningham Jr., husband and wife, "Formerly known as Regis A. Cunningham, a single person", securing the NOV 2 &999 principal balance of one thousand five hundred dollars and thirty cents ($1500.30)plus accrued interest. 48. Regino Cruz and Patricia A. Cruz, his wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 49. Fineis Construction Inc., a Florida Corporation, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 50. Penny L. Ash, a single person and Thomas E. Cassidy, a single person, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 51. Rodney C. Earnshaw securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 52. John Alfieri and Frances Alfieri securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30)plus accrued interest. 53. Denise Denard, a single woman, and Marcel S. Denard, a single man, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 54. Jerry W. Brown and Frances L. Brown, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30)plus accrued interest. 55. Jeffrey P. Chickering, a remarried person, and Lou Ann Chickering, a remarried person, "Formerly known as Jeffrey P. Chickering and Lou Ann Chickering, husband and wife", securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 56. Kad A. Amrhein, a single man, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 57. Bernard J. Bergen III and Rebecca Bergen, husband and wife, secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 58. Eva O. Karpinski Bloodworth and Eldred E. Bloodworth, husband and wife, securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. N0V 2 3 1999 pg. ~'-~ 59. E.V. Brantley and Kathryn Waller Brantley, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 60. Beta Medical Property Limited Partnership, A Florida Limited Partnership, c/o Naples Prop Mgmt, securing the principal balance of three thousand three hundred fifty dollars and no cents ($3350.00) plus accrued interest. 61. W. Gene Childers and Diane L. Childers, husband and wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 62. Naomi Clemons, a single woman, secudng the principal balance of four thousand five hundred seventy dollars and twenty two cents ($4570.22) plus accrued interest. 63. Lorraine A. Cook, a marded woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 64. R. Joyce Douglass, a single woman, securing the principal balance of five thousand fifty one dollars and eighty two cents ($5051.82) plus accrued interest. 65. John Alifieri and Frances Alifieri securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 66. Jean C. Jackmack, a widow, securing the principal balance of two thousand one hundred seventy eight dollars and thirty five cents ($2178.35) plus accrued interest. 67. Maynard W. Schryver and Christy W. Schryver, husband and wife, as to an undivided one-half (½) interest and Leslie E. Turner and Doris K. Turner, husband and wife, as to and undivided one-half (¼) interest securing the principal balance of five thousand one hundred dollars and no cents ($5100.00) plus accrued interest 68. Jorge Lopez and Carmen M. Lopez, husband and wife, "formerly known as Jorge Lopez, a single man" securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. 69. Phillip Lee and Janice J. Lee, husband and wife, securing the principal balance of three thousand three hundred dollars and no cents ($3300.00) plus accrued interest. 70. James K. Carabba and Deborah Carabba, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. A~EI~A ITEM ~. /~D/ N 0V 2 3 1999 71. Ronald S. Mellstrom and Diane Mellstrom, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 72. Eadinda Bradbury Bishop and Robert L. Bishop, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 73. Eduardo Pereim and Yadim Pereiro, trustees, as joint tenants with rights of survivorship and not as tenants in common, secudng the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2363.90) plus accrued interest. 74. Henry Crawford securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 75. Robert J. Riley and Susanne K. Riley, husband and wife, securing the principal balance of five thousand eight hundred eighty dollars and no cents ($5880.00) plus accrued interest. 76. Jay S. Bishop, agent for Flora L. Bishop, a widow, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1960.00) plus accrued interest. 77. Susan Germaine Maahs, a married woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 78. Eddy Ramos and Mandy Ramos, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 79. Stanley L. Dyson and Nelda V. Dyson, husband and wife, secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 80. Jack C. Bowers and Betty F. Bowers, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 81. Carolie N. Rendell, a widow, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 82. Steven M. Fulkmad and Suzan L. Fulkroad Sassos, divorced, formedy husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. N 0V 2 3 1999 83. William D. Collins Jr., trustee of the Felix Lerch Family Trust, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 84. David T. Huff, a married man, and Roy Scott Ramnick, a single man, each with and undivided ~ interest, as tenants in common, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 85. Eduardo Pereiro and Luisa M. Pereiro, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 86. Harry L. Kinchley and Karen L. Williams, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 87. Keith Claassen and Linda Claassen, husband and wife, securing the principal balance of two thousand eight hundred forty four dollars and seventy eight cents ($2844.78) plus accrued interest. 88. Aubrey Cooper securing the principal balance of three thousand seven hundred seven dollars and thirty four cents ($3707.34) plus accrued interest. 89. Melvin Maxwell and Carolyn Maxwell, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 90. Daniel J. Kirkland and Phyllis Sue Kirkland, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 91. Lloyd G. Sheehan, seller, Glen E. Wahlers and Linda J. Wahlers, husband and wife, buyers, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 92. Edna Parker, a single person, and Dorothy Miller, a single person, as joint tenants with rights of survivorship, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accnJed interest. 93. Marion Smith, a single man, an undivided ~ interest, and James A. Seals, a single man, an undivided ~ interest, securing the principal balance of four thousand five hundred seventy one dollars and sixty cents ($4571.60) plus accrued interest. A~A NOV 2 3 1999 94. Rowland W. Bartter, a widower, securing the principal balance of securing the principal balance of four thousand five hundred seventy one dollars and sixty cents ($4571.60) plus accrued interest. 95. Walter H. Fones Jr. secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 96. Frederic J. Kaouk, a marded person, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 97. Sachiko Fischer securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 98. Hipolito Guiterrez, a single man, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 99. Lovie Warren, a single woman, seller, Laura R. Westfall, a single woman and Russell L. Westfall, a single man, buyers, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 100. Salvador A. Marban and Laudelina Marban, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 101. Richard J. Simecek, a single man, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 102. Michael D. Varney, a single man, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 103. Marilyn J. Davis, Kenneth L. Davis, and Helen G. Smith, all single adults, as joint tenants with full rights of survivorship, securing the principal balance of two thousand three hundred sixty three dollars and ninety cents ($2363.90) plus accrued interest. 104. Ronald K. George secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 105. John E. Palmowski and Katherine M. Palmowski, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. I A GE MOA ITEM · NOV 2 3 1999 106. Raymond Lee, a widower, securing the principal balance of one thouqand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. ~' 107. Roy Scott Chappell securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 108. Eduardo Pereiro and Luisa Pereiro, husband and wife, as trustees, joint tenants with rights of survivorship and not as tenants in common, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 109. Eduardo Pereiro and Luisa Pereiro, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 110. Eduardo Pereiro and Luisa Pereiro, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 111. Michael R. Mahoney and Sandra M. Mahoney, husband and wife, xxxx one thousand five undred dollars and thirty cents ($1500.30) plus accrued interest. 112. Maria M. Bendure, a married woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 113. Douglas R. Patton and Kathy Patton, husband and wife, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 114. Edward W. Maltba, a widower, securing the princiPal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 115. Reina M. Rutherford, formedy known as Reina M. Morris, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 116. Alebi Sanchez securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 117. Wesley B. Brokopp and Joyce G. Brokopp, husband and wife, securing the principal balance of two thousand six hundred three dollars and eighty two cents ($2603.82) plus accrued interest. 118. Frank D. Baldwin and Janet C. Baldwin, husband and wife, securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. #o. NOV 2 3 1999 Pg. // 119. Antone C. Mendes, a single man, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 120. Larry Lee Pruitt and Clara P. Pruitt, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 121. O'Donnell Enterprises, Inc., a Florida corporation, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1960.00) plus accrued interest. 122. Lois M. Culver and Michael Culver, joint tenants with full rights of survivorship securing the principal balance of one thousand four hundred sixty five dollars and no cents ($1465.00) plus accrued interest. 123. Sharon Calder securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 124. Sharon Calder securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 125. K. Jack Breiden and Seefried Enterprises, Inc., a Florida corporat!on, as tenants in common each having an undivided ~ interest, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3920.00) plus accrued interest. 126. Rodney S. Toney and Roseann M. Toney, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 127. Daniel R. Stoll and Lorraine Stoll, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 128. George L. Rice and Margaret M. Rice, his wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 129. Fernando F. Fernandez and Gertrudis A. Fernandez, his wife, secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 130. Ramon C. Flores and Iraida Flores, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. ~N{:)A %TEN ~. 16, ~! N 0V 2 3 1999 _ 131. Valley Mortgage and Investment Corp. and Florence L. Fuller and Jean Shuart securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 132. Jose Serrano and Lydia Serrano, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 133. James F. Curtis and Mary C. Curtis, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 134. Sandor Gonczi and Elizabeth Gonczi, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 135. Rosa Lopez, a widow, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 136. Clyde Virgin securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 137. Brad Estes and Phyllis Estes, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 138. Irenaldo DelPrado and Tawanna DelPrado, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 139. Frank Sayuit, a single man, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 140. Christine Chesser, a single woman, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 141. Joseph A. Kratt and Rosemary H. Kratt, husband and wife, securing the principal balance of two thousand six hundred three dollars and eighty two cents ($2603.82) plus accrued interest. 142. Thomas Gundeck and Dianna L. Gundeck, husband and wife, securing the principal balance of nine thousand nine hundred dollars and no cents ($9900.00) plus accrued interest. 143. Benjamin Ramirez securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued inter~-~{ i'~o. ,/~- /' NO¥ 2 3 1999 144. Dale H. Schultheis and Erica ,~ Schultheis, husband and wife, securing the principal balance of one thousand live hundred dollars and thirty cents ($1500.30) plus accrued interest. 145. Oak Forest Villas Homeowners Association, Inc. securing the principal balance of twenty nine thousand four hundred eighty dollars and no cents ($29,480.00) plus accrued interest. 146. Lloyd G. Sheehan, seller, Catherine L. Greene Weston, buyer, secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 147. Michael F. Corcoran and Jeanette G. Corcoran, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1180.00) plus accrued interest. 148. Shelley F. Pike and John H. Pike, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 149. Frances G. Threlkeld, a widow, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 150. Ricardo Alvarez and Eloisa Alvarez, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 151. Gary Lee Garrison and Dale Ann Garrison, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty Cents ($1500.30) plus accrued interest. 152. Barbara J. Morgan, a single woman, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 153. David G. Cabana and Adene M. Cabana, husband and wife, secudng the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 154. Frances P. Lord and Lucille Lord, his wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 155. Tammie C. Ball securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. ~,.__ H0V 2 3 1999 156. Thomas J. Zenz and Susan Lynn Zenz, husband and wife, securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. 157. Kathleen A. Burt secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 158. John J. Mischung and Barbara J. Mischung, husband and wife, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 159. Roy Scott Ramnick and David T. Huff secudng the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 160. Roy Scott Ramnick and David T. Huff securing the principal balance of one thousand nine hundred eleven dollars and ninety cents ($1911.90) plus accrued interest. 161. William T. Myers Jr. and Tondia K. Myers, as joint tenants with full right of survivorship, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 162. Jacinto Lopez, buyer, Lloyd G. Sheehan, seller, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 163. Emma Garcia securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 164. Ignacio Arago and Carmen Arago, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 165. Ruben Guajardo and Tavita Guajardo, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 166. Lloyd G. Sheehan and Americo T. Cuevas and Eudelia L. Cuevas, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 167. Bing Fong Su and Mei Ye Su, husband and wife, securing the principal balance of one thousand seven hundred forty one dollars and twenty six cents ($1741.26) plus accrued interest. 168. dollars and thirty cents ($1500.30) plus accrued interest. Bruce Wood securing the principal balance of one thousand five hundred pg. /.._~ 169. Ruben Olivo and Lourdes M. Olivo, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 170. Isidro Lozano and Alejandra Lozano securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 171. Raymond H. Brown, a single man, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 172. Owen R. Lester, a widower, securing the principal balance of eleven thousand three hundred sixty dollars and no cents ($11,360.00) plus accrued interest. 173. Jesus Lesende and Maria V. Lesende, husband and wife, securing the principal balance of one thousand seven hundred forty one dollars and eighty cents ($1741.80) plus accrued interest. 174. Morris Freodge and Janet Freodge, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 175. Carolyn T. Clifton, a single woman, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 176. John Rodriguez Polano and Delores Sanchez De Rodriguez, husband and wife, one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 177. Betty J. Keeling, agent for Keith E. Knapp and Carole Sue Knapp, husband and wife, securing the principal balance of one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 178. Charlotte T. Morgan, a widow, formerly Vernon C. Morgan and Charloote T. Morgan, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 179. Jeffrey S. Lowe and Dadene L. Lowe, husband and wife, formedy known as Jeffrey S. Lowe, a single man, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2363.18) plus accrued interest. 180. Maria Llorca, a widow, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. N0V 2 3 1999 | 181. Chris Posada and Mary Ellen Posada, hL'sband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 182. Nellie Tucker, a widow, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 183. Chris Posada and Mary Ellen Posada, his wife, securing the principal balance of four thousand five hundred seventy dollars and twenty two cents ($4570.22) plus accrued interest. 184. Christobal Posada and Mary Ellen Posada, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 185. Henry Leroy Bickford securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 186. Mario R. Serrano and Margarita Serrano, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 187. Clifford Pennington and Ellen Louise Pennington, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 188. Julienne Delouche securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 189. David C. Newkirk Jr. and Nancy Lee Newkirk, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 190. Donald Crotts and Elvie Crotts, hiss wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 191. LaColia Schuler, a widow, secudng the principal balance of one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 192. Carmelo G. Castillo and Maria Castillo, husband and wife, securing the principal balance of one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 193. James Sturgill and Edith Sturgill, his wife, secudng the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest, i ^~ ZT~. - I N0V 2 3 1999 194. Mario Alvarez and Blanca Alvarez, husband and wife, securing the principal balance of one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 195. Tobi J. Farmer Norris, personal representative of the estate of Kenneth D. Farmer, securing the principal balance of one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 196. Jobst Ueberhagen and Ingrid Ueberhagen, husband and wife, securing the principal balance of four thousand four hundred twenty dollars and no cents ($4420.00) plus accrued interest. 197. Kurt Michael Luedtke and Brenda Luedtke, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 198. Mark S. Poole, a single man, and Elizabeth H. Leazier, a single woman, as tenants in common, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 199. Weslie E. Kunkle Jr. and Lana E. Kunkle, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 200. Ralph M. Kieferle and Tami A. Kiefede, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2240.00) plus accrued interest. 201. Glenn A. McPherson and Flora G. McPherson, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 202. Margaret J. Cartwright, a single person, securing the principal balance of one thousand five hundred dollars and sevety five cents ($1500.75) plus accrued interest. 203. Carmine Daniele and Mary Daniele, his wife, secudng the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 204. U.S.A.L. Inc., a Florida corporation, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3920.00) plus accrued interest. 205. Lawrence J. Colaiezzi, a single person, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. NOV 2 3 1999 206. Gail M. Sheldon and Lester Farmr, as joint tenants with right of surdvorship, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 207. Angelo Lucarelli and Giacomo Lucareli, as tenants in common, securing the principal balance of eleven thousand two hundred dollars and no cents ($11,200.00) plus accrued interest. 208. Debra A. McKinnon, an unmarried woman, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 209. Winford I. Turner, a single man, securing the principal balance of one thousand eight hundred twenty nine dollars and forty seven cents (1829.47) plus accrued interest. 210. Orimar F. Campos and Dayse de Campos securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 211. Robert C. Edgerton and Shidey A. Edgerton, husband and wife, secudng the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 212. Jose A. Fidalgo and Julia Margie Fidalgo, husband and wife, and Delia Campins, a married woman, securing the principal balance of one thousand three hundred forty dollars and no cents ($1340.00) plus accrued interest. 213. Leandro Noel Gonzalez and Aracelis Gonzalez, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 214. Julia laconelli securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 215. Keddie Realty, Inc., a Wisconsin corporation, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1960.00) plus accrued interest. 216. Chades Knoebel and Gary Knoebel, as tenants in common, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1260.05) plus accrued interest. 217. Richard B. Lansdale securing the principal balance of five thousand eight hundred eighty dollars and no cents ($5880.00) plus accrued interest. ,<,._/~tP/_ ~ NOV 2 3 | .o. | 218. Lela Nell Mellinger and Ronald J. Mellinger, divorced, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 219. Nancy Richardson, a single woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 220. Eileen Schlaupitz, a single woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 221. Carol J. Shoberg, a married woman, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 222. Michael R. Strang, a married man, and Phillip L. Lee, a married man, as joint tenants with full rights of survivorship, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 223. Katherine D. McGowan Teach and William R. Teach, husband and wife, secudng the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 224. Roy Scott Ramnick and David T. Huff securing the principal balance of thirteen thousand two hundred dollars and no cents ($13,200.00) plus accrued interest. 225. THC balance accrued Florida Investments, Inc., a Florida corporation securing the principal of nine thousand eight hundred dollars and no cents ($9,800.00) plus interest. 226. Scott T. Zimmer and Regina K. Zimmer, husband 'and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 227. Janice E. Messer, a single woman, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1500.75) plus accrued interest. 228. Patrick G. Villarreal and Connie B. Villarreal, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 229. David Kramer and Sharon Kramer, husband and wife, securing the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. 230. dollars and thirty cents ($1500.30) plus accrued interest. Amy L. Adkins securing the principal balance of one thousand five hundred 231. Dennis Booth, a single person, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 232. David D. Poyer and Rebecca S. Poyer, husband and wife, securing the principal balance of one thousand five hundred dollars and thirty cents ($1500.30) plus accrued interest. 233. Paul L. Harris and Debra M. Hards, husband and wife, secudng the principal balance of one thousand two hundred fifty nine dollars and sixty six cents ($1259.66) plus accrued interest. N 0V 2 3 1999 Pg,,. EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EX}!_ !BIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $310.50 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. SUBMITTED BY: ' ~' '~GC/v~ ~~,~0 Date: Pan{ C~jflfis, Revenue Supervisor Dfl~nment of P-~v~nue _------ REVIEWED BY: / ? ~Z~-w~ L./( ~-----' Date: T/erda A.-Riesen, Revenue Manager ~ m toR n REV1EWED BY~ Date: APPROVED BY: Date: Leo Ochs, Ad-mini~l~r Support Servicers// AGENOA. Z X.[l~.~ ~o. _'/_.. t,>,, NOV 2 3 1999 EXHIBIT "A" 1.) Meyer TR, Daniel Folio~ 81070440004, Lot 16 and 17, Walker's Subdivision 2.) Williams, Noel ,Folio~62713760002, Lot 5, Block 54, Naples Park 3.) Albrecht, Mabel M., Foliog24880480004, Lot 12, Block D, Unit #2 Brookside, 4.) Cornsones, Greg Folio~36321400007, Lot 33, Block 220, Unit 6,Golden Gate 5.) Albrecht, Mabel M., Folio #24880480004, Lot 12, Block D, Unit~ 2, Brookside 6.) Williams, Noel, Folio~62713760002, Lot 5, Block 54, NaplesPark 7.) Filkill, Darren S., Folio#35774240006, Unit 2, Blk 59, Lot 7, Golden Gate 8.) Williams, Noel, Folio~62713760002, Unit 4, Blk 54, Lot 5, Naples Park 9.) Mohn, Kelly Ann, Foiio#62256680005, Blk 8, Lot 2, Naples Manor Lakes 10.)Mendes, Gilbert & Martha, Folio#62154920003, B lk 8, Lot 23, Naples Manor Annex 11 .)Williams, Noel, Folio~62713760002, Unit 4, Blk 54, Lot 5, Naples Park 12.)Mohn, Kelly Ann, Folio#62256680005, Blk 8, Lot 2, Naples Manor Lakes 13.)Williams, Noel, Folio~62713760002, Lot 5, Block 54, Unit~4, Naples Park 14.)Williams, Noel, Folio~62713760002, Lot 5, Block 54, Unit~4, Naples Park 15.)Albrecht, Mabel, Folio#24880480004, Lot 12, Block D, Unit~2, Brookside 16.)Williams, Noel, Folio#62713760002, Lot 5, Block 54, Unit~4, Naples Park 17.)Williams, Noel, Folio~62713760002, Lot 5, Block 54, Unit~4, Naples Park 18.)Albrecht, Mabel, Folio#24880480004, Lot 12, Block D, Unit~2, Brookside 19.)Williams, Noel, Folio~62713760002, Lot 5, Block 54, Unit #4, Naples Park 20.)Williams, Noel, Folio~62713760002, Lot 5, Block 54, Unit~4, Naples Park 21 .)Williams, Noel, Folio~62713760002, Lot 5, Block 54, Unit~4, Naples Park 22.)Knauer III, Dr. George, Folio~62772240000, Lots 20 &21, Block 62, Naples Park 23.)Williams, Noel, Folio862713760002, Lot 5, Block 54, Unit~4, Naples Park 24.)Lesson, Donna, Folio#57394880002, Lot 9, Block 257, Unit~6, Marco Beach 25.)Reamer Jr., Robert, Folio#00765920001, Section 20, Township 51, Range 27, Blue Heron Lake Park 26.)Mohn, Kelly Ann, Folio#62256680005, Lot 2, Block 8, Naples Manor Lakes 27.)Meyer TR, Daniel R, Folio#81070440004, Lot 16 and 17, Walker's Subdivision 28.)Florida Properties, Folio#5667520003, Block 22, Lot 32, Unit 1, Marco Island 29.)Mei Huang, Shang, Folio#36561520006, Lot 20, Block 281, Unit 8, Part 2, Golden Gate 30.)Maurice L. Tremblay, Folio #36000000003, Lot 13, Block 100, Unit 3, Part-Golden Gate 31 .)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 32.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 33.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 34.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 35.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 36.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 37.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 38.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 39.)Maurice L. Tremblay, Folio #36000000003. Lot 13, Block 100, Unit 3, Part-Golden Gate 40.)Maurice L. Tremblay and Eva I. Tremblay, Folio #36000000003, Lot 13, Block 100, Unit 3, Part-Golden Gate 41 .)EB Bassichis ET UX( Folio#36242000007, Lot 30, Block 167, Unit 5, Part-Golden Gate 42.)EB Bassichis ET UX( Folio~36242000007, Lot 30, Block 167, Unit 5, Part-Golden Gate 43.)Phillip Pierre, Matthew Hendrick, Folio #3634480006, Lot 15, Block 223, Unit 6, Part 1, Golden Gate 44.)Phillip Pierre, Matthew Hendrick, Folio #3634480006, Lot 15, Block 223, Unit 6, Part 1, Golden Gate 45.)Phillip Pierre, Matthew Hendrick, Folio #3634480006, Lot 15, Block 223, Unit 6, Part 1, Golden Gate 46.)Phillip Pierre, Matthew Hendrick, Folio #3634480006, Lot 15, Block 223, Unit 6, Pa Golden Gate _-tl, NOV 2 3 1999 Pg. ~ 47.)Phillip Pierre, Matthew Hendrick, Folio #3634480006, Lot 15, Block 223, Unit 6, Part 1, Golden Gate 48.)Phillip Pierre, Matthew Hendrick, Folio #3634480006, Lot 15, Block 223, Unit 6, Pan 1, Golden Gate 49.)Bernd David & Karin David, Folio #56944800006, Lot 2, Block 132, Unit 4, Marco Beach 50.)Feliz Lerch Family Trust, Folio #62200040002, Lot 1, Block 1, of Naples Manor Extension NOV 2 3 1999 pg. - / _ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR RENOVATION C'F OFFICE SPACE IN THE CLERK'S CRIMINAL DEPARTMENT ON THE SIXTH FLOOR OF THE COURTHOUSE. OBJECTIVE: To gain Board approval for renovation of office space in the Clerk's Criminal Department on the sixth floor of the County Courthouse. CONSIDERATIONS: In an effort to better utilize the Clerk's existing space, the Clerk in conjunction with County staff and the County's on call space planner has constructed a plan that reconfigures his Criminal Department on the sixth floor of the Courthouse. The current office space provided in the Clerk's Criminal Department cannot accommodate the required personnel necessary to continue performing the required constitutional and statutory duties of the Clerk of the Circuit Court. This renovation will temporarily provide adequate office space for the Clerk of the Circuit Court to continue operations. Part of the plan converts hallways into open office space. This renovation and reconfiguring proposal is in concert with the County's Master Space Plan and is addressed in the first phase. FISCAL IMPACT: The cost of the renovations is $42,600.00. Funds would be transferred from Facilities Management County Wide Reserves to the Facilities Capital Budget for Building Improvements. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board approve the necessary budget amendments for the renovation of the Clerk's Criminal Department on the sixth floor of the Courthouse as outlined within this summary. PREPARED BY: ~~ ~/~ ~ Crognale, Co-nst~ction Manager epartment of Facilities Management Skip Crop, CFM, Director Dep~ent of Facilities M~agement Leo E. Ochs, J~.,~~tOr Support Servic~ DATE: DATE: DATE: M 2 3 f999 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 11/23/99 General (Fund 001) Building Maintenance Budget Amendment//00-022 Capital Building Maintenance $9,500 Reserves Reserve for Contingencies (9,500) Total: -0- Explanation: Funds are needed to install lighting and video cameras near the snack bar. This area has become the target of a number of crimes, including open alcohol violations, as well as employees and visitors being threatened. Gas Tax Reserves (Fund 313) Budget Amendment g00-049 Capital Improvements - General $3,000 Reserves Reserve for Capital Outlay (3,000) Total: -0- Explanation: Funds are needed for a change order with Better Roads to install loops and add time due to unforeseen circumstances for the Shadowlawn-Davis Intersection Improvements. AGENDA ITEM No. /~ ~' o9 NOV 2 3 1999 Pg._ / EXECUTIVE SUMMARY APPROVE THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT, OBJECTIVE: To attain the Board of County Commissioners approval of the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairwoman to execute the same. CONSIDERATION: Pursuant to Collier County Ordinance No. 81-75, the attached certificate and accompanying documentation are for your review. This process is routine in nature and submitted annually. FISCAL IMPACT: Pursuant to Collier County Ordinance No. 81-75, an annual renewal fee of $250.00 is to be paid. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairwoman to execute the same. SUBMITTED BY: Flagg, Chief Emergency Servi/ce~ Ddpartment APPROVED BY: ~GENDA ITEM .... NO. i.L- _~\ _ N0V 2 3 1999 TO: FROM: DATE: REF: MEMORANDUM Robert Fernandez, County Administrator Diane B. Flagg, Chief Emergency Services Department November 3, 1999 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department Per Collier County Ordinance Number 81-75, please accept the following information for renewal of this required certificate: 1. Collier County Emergency Medical Services Department is operated by the County's Board of County Commissioners located at: 3301 East Tamiami Trail, Building F Naples, Florida, 34112 2. Collier County Emergency Medical Services Department provides service to the 2032 square miles encompassing Collier County. Collier County Emergency Medical Services Department has twenty-five (24) licensed patient transport vehicles available. Twenty-two (22) of these are ground transport vehicles. One (1) ALS Engine & One (1) is a medevac helicopter. Seventeen of the ground transport vehicles, one (1) ALS engine and the helicopter are staffed 24 hours a day, seven days a week. One (1) ground transport vehicle operates 12 hours a day, seven days a week. The remaining ground transport vehicles are in reserve. (Attachment A) Collier County Emergency Medical eighteen (18) substations located locations: Services Department has one main office and throughout Collier County at the following Headquarters Station #1 Station #2 Station #3 Station #4 Station #5 Station #6 & #7 Station #8 Station #9 3301 E. Tamiami Trail 835 8th Avenue South 2375 Tower Drive 776 Vanderbilt Beach Road 1280 San Marco Road 4741 Golden Gate Parkway 112 South 1~t Street 2065 Pine Ridge Road 11121 E. Tamiami Trail Naples, Florida Naples, Florida Naples, Florida Naples, Florida Marco Island, Florida Naples, Florida Immokalee, Florida Naples Flol'ida Naplts, FI~NDA ITI~M No,. N 0¥ 2 3 1999 Station # 10 7010 Immokalee Road Naples, Florida Station #11 201 Buckner Avenue Everglades City, Florida Station #12 14756 Immokalee Road Naples, Florida Station #14 7227 Isle of Capri Road Naples, Florida Station # 15 & City #2 977 26th Avenue North Naples, Florida Station #16 16325 Vanderbilt Drive Bonita Springs, Florida Station #17 4741 Golden Gate Pkwy. Naples, Florida Station #18 175 Isle of Capri Blvd. Naples, Florida 5. Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Life Support ambulance service in Collier County since April 6, 1981. 6. Three (3) Collier County residents to act as references:' 10. Robert D. Laird 1756 Courtyard Way, 205-C Naples, Florida, 34112 Fay Biles 1588 Heights Court Marco Island, Florida, Gail Dolan P.O. Box 413029 Naples, Florida, 34101 Collier County Emergency Medical Services Department schedule of service fees. (Attachment B) Other information required by the Administrator. (Attachment C) Renewal fee of $250.00, by journal entry of an inter-fund transfer from Fund 490- 144610-649010 to Fund 490-144610-369620. Collier County Emergency Medical Services Department financial statement. Available in Collier County's Finance Department. DBF/bb Attachments AGENDA ITEM N0V 2 3 1S99 Pg. ~ AGENDA IT, EM No, I ~'~ ~ ~ NOV 2 3 bo99 Dec 04 98 12:43p Board Minu~es & Records '~?4-B40B p. I RESOLUTION NO. 98 - 4.~9 RESOLUTION APPROVING USER FEES FOR COLUER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96 - 36; ADOPTING B/LUNG AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Sen, ices (hereinafter sometimes referred to as 'EMS") provides ambulance services to the residents and visitors of Cotlier County;, and WHEREAS, lhe Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to Re residents and visilors of Collier County; and WHEREAS, Collier County Ordinance 96 - 35 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter sometimes referred to as "the Board'). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE.' EMS USER FEES EMS AMBULANCE TRANSPORT BASE RATE $ EMS AMBULANCE TRANSPORT PER MILE $ - IN COUNTY TRANSPORTS CAPPED AT 7 MILES - ACTUAL MILEAGE FOR OUT OF COUNTY INTERFAClLITY TRANSPORTS OF COUNTY C. SPECIAL EVENTS: - TWO (2) MEDICS/ONE VEHICLE (PER HOUR) - ONE (1) MEDIC/NO VEHICLE (PER HOUR) D. COPIES OF DOCUMENTS/pER !=.A~. $ $ CHARGE 3O0 5 '" A~ENDA ITEM No. N 0V 2 3 P~,_ ~ ~. _._ 4O '1 E. INTEREST ON PAST DUE ACCOUNTS 1% AGENDA ITEM No. ~1, ,~\. NOV 2 3 1999 04 98 12:43p Boap= Minutes & Recopds ??4-8408 SECTION TWO: BILLING AND COLLECTION PROCEDURE The following shal~ be the minimum guidelines for billing and procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the service provision, as services dynamics reasonably permit. Unpaid fees and charges, subsequent to time of service, shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the Revenue Services Department. B. An initial bill for ambulance services shalJ be processed in the following manner within thirty (313) days after service is provided. 1. The County will send an initial bill to the service recipient's or responsible park's insurance cartier provided that appropriate Insurance information is made available to the Revenue Services Depa~ment. The Revenue Services Department will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carrier is billed. If the claim is denied, a bill will be sent to the service recipient or responsible parly. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the Revenue Services Department by the service recipient or responsible party. The Revenue Services Department will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied a bill will sent to AGENDA"IT'EM the service recipient or responsible party. No. ~ ~ ~ \ , _, ~. In the event the service recipient or responsible par doe~'~t or does not provide proof of insurance cover; ;e, pl.he.~_ bill for----/ ambulance service(s) shall be sent directly to the service recipient or responsible party for payment. The Revenue Services Department The following will occur if payment has not bean received within above set guidelines: a. A past due notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare, 60 AGENDA ITEM No, '~' ~ ,'~ ~ _ N0V 2 3 ~9 Dec 04 8B 1~:43p Boapd Minu~es & Recopds 774-8408 p.3 AGENDA ITEM No. I.i~- ~ N 0V 2 3 1999 days after billing Medicaid and 30 days after billing responsible party or service redpient). b. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. C, After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C, Interest will be assessed at 1% per month on all accounts that are either sent to the County's contracted collection agency or set up for a payment plan (excluding hardships that adhere to County policy). D, A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions ~)f the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E, When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the Revenue Services Department shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G, Throughout the fiscal year, the Revenue Services Department shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board shall, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. .~.G EINDA I~'EMI No. N0V 2 3 lgg9 Dec 04 8b i~:44p Boapd Minutes & Records ??4-8408 p.4 SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for acijustments ambulance service fees. Other adjustments are authorized by the Boarcl of County Commissioners in accordance with criteda established by the enabling Ordinance. A. Medicare and Medtc~id Adjustments Contractual adjustments under Medicare assignment will be made in accorclance with applicable rules and regulations B. Victim's Com0ensation Contractual Adjustments Contractual adjustments will be made in accordance with applicable rules and regulations SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand-by services for the following community special events shall be waived as the Board finds that a valid public purpose is hereby established in recognition of their charitable contributions to the Community:. (1) Collier County Fair;, (2) Everglades Seafood Festival; (3) Senior PGA; and (4) Nuveen Masters; (5) Collier County Public School varsity football games. Fees for other community special events may be waived in accordance with criteda established by the enabling Ordinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established )ursu~i~bll)tt ITEM No. [f,~ r~ i minimum guidelines set forlJ't in this Resolution. NOV 2 3 1 99 A. Hardship cases will be established in accordance wilh the tate's Financial hardship guidelines, as used by HRS-Collier County. pg. I [ .. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SIX: SUPERSESSION OF RESOLUTION 96.303 AGENDA JTEM No., N 0 V 2 3 pg. I ,~ D~c o~ sE~ Board Hinuces & Records 774-8408 p.5 This Resolution shall supersede Resolution No. 96-303 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 1998 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~ day of K"~~, 1998. -ATTEST: DWIGHT E~ .E~ROCK, CLERK $1gaa~;ure' Approved. a~ t5 form and legal sufficiency: Davict C./Weigel County Attomey BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA -~: AGEI~DA ITEM N 0;1 2 3 i 99 MEMORANDUM TO: FROM: DATE: REF: ATTACHMENT "C" Robert Fernandez, County Administrator Michael A. McNees, Assistant County Administrator November 4, 1999 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Department, no further information is required at this time. AGEND.~ I~TEM No._3 ~' c-~ -- ~ 0~ 2 3 ~,g99 COLLIER COUNTY FLORIDA Emergency Medical Services Permit #1~ This Permit Expires December 31, 2000__ Name of Service · Collier County Emergency Medical Services Name of Owner or Manager: Collier County Board of County Commissioners Principal Address of Service: 3301 East Tamiami Trail Naples, Florida 33112 Business Telephone: _(941) 774-8459 Emergency Telephone: 9-1-1 Description of Services Area: The 2,032 square miles encompassing Collier County. Number of Ambulances on 24 hour duty: Seventeen (17) ground units, one (1) ALS Engine & One (1) helicopter. Number of Ambulances on standby duty: Four (4) + (1) 12 hour stand-by unit (Medic 20) (Attached description of each ambulance to be used in above service, including make, model year of manufacture, motor and chassis number, and any color scheme, insignia, name, monogram, or other distinguishing characteristics used to designate ambulances in this service. A color photograph may substitute for the description of distinguishing characteristics.) This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s): Collier County until the expiration date hereon, except that this permit may be revoked by the Board of County Commissioners of Collier County at any time the service named herein shall fail to comply with any local, state or federal laws or regulation applicable to the provision of Emergency Medical Services. Issued and approved this ATTEST: DWIGHT E. BROCK, CLERK day of , 19 BOARD OF COUNTY COMMISSSIONERS COLLIER COUNTY, FLORIDA Clerk Approved as to form & legal sufficiency: Chairwoman AGENDA ITEM No._ )1 ~ ~ ~ 1999 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE INSURANCE PROCEEDS FOR THE EMERGENCY REPAIR OF THE HELICOPTER ENGINE AND DESIGNATE TURBOMECA ENGINE CORPORATION AS THE SOLE SOURCE VENDOR OBJECTIVE: To recognize and appropriate insurance proceeds for the emergency repair of the helicopter engine. CONSIDERATION: On June 23, 1999, during post scheduled maintenance ground testing, the helicopter engine ingested a metal plate causing extensive Foreign Object Damage (FOD) to several internal components of the engine. The damaged engine was removed from the helicopter and sent out to Turbomeca Engine Corporation for repair. Turbomeca Engine Corporation is the manufacturer of the engine and is the only approved company in the United States to complete repairs. The cost to repair the engine was $75,782.15. The Risk Management Department submitted an insurance claim to cover the cost of repairs less the insurance policy deductible of $33,500. They have since received a check in the amount of $42,282.15 (repair cost less deductible) and deposited it into the Helicopter Operations cost center. FISCAL IMPACT: The total cost of the repairs was $75,782.15. Funds are available from the insurance proceeds of $42,282.15. The remaining $33,500 is in the Helicopter Operations operating budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to recognize and appropriate the insurance proceeds. Approve an expenditure of $75,782.15 and waive the formal bid process, and approve Turbomeca Engine Corporation as the sole source vendor. Mark L. I~nne~, ~ilot Reviewed Ste~](~ell, DireCtor Purchasing/General Services Reviewed By: Di--~.'~l~-g,a,at:n rJ~ Chief Date: El~{l~rgency ~r~li~'~vices DeDartment Reviewed By:/~// ~/~~ P/~ ~~'~ Date: IMitk~ McNees, Assistant County Administrator No,_ (_, N 2 3 1999 Pg. , } , EXECUTIVE SUMMARY APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY. OBJECTIVE: Approval of a First Amendment to Lease Agreement with the City of Naples Airport Authority. CONSIDERATION: The City of Naples Airport Authority ("Authority") has requested that the County vacate a portion of the leased property at the County's EMS helicopter operations at the City of Naples Airport. Since the County is not utilizing the subject property, the County's EMS Chief and the Sheriff are agreeable to this request. The Authority would like to include that portion of the property into another parcel for a proposed tenant. With the reduction in leased property, approximately 2,500 square feet, the annual rental amount has also been adjusted to reflect the revised square footage. All other terms and conditions in the existing Lease Agreement dated September 15, 1994 shall remain in full force. The attached Lease. Agreement has been reviewed by the Office of the County Attorney, the EMS Chief and Sheriff. FISCAL IMPACT: The annual rent shall continue to be withdrawn from the account currently being utilized. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lease Agreement with the City of Naples Airport Authority and authorize its Chairman to execute same. PREPARED BY ,~' ,~~//fi~ DATE: f?' fi'~ 9' 9' Michael H. Dowling, IL-cal. JProp ~,~ Specialist, Real Property Management REVIEWED BY:Diane ~ief, EMS Department DATE: REVIEWED BY: Mike McNees, Assistant County Administrator DATE: AGENpA I.TF--,M,' .o._ N OV 2 3 1999 Pg, [ Lease #779 I:IRS] AMENDNI ENI' T( ~ LEASE AGREEMENI' ; FIRS]' AMENDMENT TO LEASE AGREEMENT entered into this __ day of , 1999· at .es. Collier County. Florida, by and between Ccilier County, a political subdivision of the State of Florida, whose mailing address is Adminislration Building· 3301 Edst. Tamiami Trail, Naples Florida 34112, hereinafter referred to as "LESSEE"· and the City of Naples Airport Authoht3; whose mailing address is 160 Aviation Drive North, Naples, Florida 34104. hereinafter referred to as "EESSOR". WITNESSETtl WHEREAS, thc LESSEE and LESSOR have previously entered into a Lease Agreement dated September 15, 1994; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreemenl; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, thc said Lease Agreement ~s hereby amended as follows: 1. The attached Exhibit '"A" dated August 18, 1999 shall replace Exhibit "A" as referred to in the Lease Agreement dated September 15. 1994. 2. Section 3. A. within the Lea~e Agreement dated September 15, 1994, is hereby deleted in its entirety and replaced with the following: LESSEE hereby covenants and agrees to pay fi~r the Demised Premises the sum of Eleven Cents ($.11) per square foot per annum for Fifty-seven Thousand Two ltundred Thirty-seven and 84/100 square feet (57,237.84), which shall be the "base renlal', and shall be paid in equal monthly ,nstallments of Five Hundred Twenty4bur Dollars and Sixty-eight Cents 15524.68) each, all in advance on the first day of every calendar month during the term hereof. Except as expressly provided herein, the Lease Agreement between Collier County and the City of Naples Airport Authority for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the lerms and conditions contained therein. IN WITNESS \\'HEREOF, the LESSEE and LESSOR have herelo executed this First Amendment to Lease _ement the day and year first above wrflten. AS TO TIlE LESSEE: DATED: A]TEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: · Deputy Clerk BY: PAMELA S. MAC'KIE, Chairwoman AS TO THE LESSOR: DATED: CITY OV NAPLES AIRPORT AUTHORITY Witness (signaturel (pnnl name) Witness (signature} (print name) BY: LEONARD H. THORTON, Chairman -oved as to form and 1,egal ,sufficiency: ' '~,' ; ' '!' i ' · Heidi ~:. Asht6n, A§sistant County Attorney Approved as to from and legal sufficiency: Frank Kowalski, Jr., Naples Airport Authority Counsel ^GEN D, AJT, E,N. NOV 2 3 Pg. ~- EXHIBIT "A" Pa~ t u£ 2 LEGEND i~ = MAILBOX Lj' ] = TELEPHONE RISER A ~','. = WA1ER METER ~ ~ = WATER VALVE / ' ~ = SIAMESE CONNECIlON $ ~~ ~ ~= RUNWAY LIGHTS SCAL~: 1" = ~00' APPROXIMATE TOP OF APPROXIMATE TOP OF  SW-4 PAR~%~ ~ / L3 N 4 ~/3~'[ 50.00 . L4 N 45'28'21 "W 80.00 L5 N 44'5~'39"E 30.00 L6 N 45'28'21"W 205.55 ~ L7 N 44'23'31"E 74.98 z L~ S 45'28'42"E 20570 O Lg N 44'3~'18"E 30.00 ~ ~ LIO S 45'28'42"E 100.00 ~z Lll N 44'31'18"E 25.00 ~0 '~ L12 S 45'28'42"E 13000 O~g  ~ EAST-~ST ~ARTER SECTION MNE ~B40.50 ~ ~ O= RECOVERED IRON ROD · CAP STAMPED "ADB INC. LB-3664" UNLESS OTHER,S[ SHOWN DATE OF FIELD SURVEY: 8-5-99 ~ = SET PK NAIL ~ WASHER STAMPED "ABB INC. LB-3664" EMS PARCEL - NAPLES MUNICIPAL AIRPORT · * NAPLE~ AIrPOrT AUTHORITY ~,r,[ MAP OF 8OUNOARY SURLY OF "=* * 6063-5}5 7335 PART OF SECTION 2, T 50 S. R 25 E CITY OF NAPLES, COLLIER COUNTY, FLORIDA ' ~ 1 OF 2 6063 N 2 3 1999 Pg. · EXIIIBIT "A" Page 2 of 2 L DESCRIPTION OF EMS PARCEl_ (REVISED AUGUST 16, 1999) NAPLES MUNICIPAL AIRPORT SECTION 2, T.50S., R 25E CII'Y OF NAPLES, COLLIER COUNTY, FLORIDA ALL I'HAT PART OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CITY OF NAPLES, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST OUARTER CORNER OF SAID SECTION 2; THENCE NORTH 89'37'26" EAST ALONG THE EAST- WEST QUARTER SECTION LINE OF SAID SECTION 2 A DISTANCE OF 1840..50 FEET; THENCE LEAVING SAID QUARTER SECTION LINE NORTH 0'22'34" WEST A DISTANCE OF 665.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 44'31'18" WEST A DISTANCE OF 210.02 FEET; THENCE NORTH 45'28'21" WEST A DISTANCE OF 150.00 FEET; THENCE NORTH 44'.31'59" EAST A DISTANCE OF 50.00 FEET; THENCE NORTH 45'28'21" WEST A DISTANCE OF 8000 FEET; THENCE NORTH 44'31'39" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 45'28'21" EAST A DISTANCE OF 205.55 FEET; THENCE NORTH 44'2.3'31" EAST A DISTANCE OF 74.98 FEET; THENCE SOUTH 45'28'42" EAST A DISTANCE OF 205.70 FEET; 7HENCE NORTH 44'.31'18" EAST A DISTANCE OF 50.00 FEET; THENCE SOUTH 45'28'42" EAST A DISTANCE OF 100.00 FEET; THENCE NORTH 44'51't8" EAST A DISTANCE OF 2500 FEE1; 1HENCE SOU1H 45'28'42' EAST A DISTANCE OF 1,30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIi',~ 0ESCRIBED; COhlTAINING 1.314 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLI, BARBER &: BRUNDAGE, INC. PROFESSIONAL ENGINEER~,?PLANNERS &: SURVEYORS &: MAPPERS _,eorge W. Hackney,~'t~'.S.M. NO. 5606 Not valid without the signature and the o:iginol raised seal of o Florida licensed surveyor and mapper. GENERAL NOTES t Dimensions are in feet end decimals thereof. 2. P.O.B, = Point of Beginning 3. P.OC, = Point of Commencement 4. R.O.W. = Right-of-Way 5. T = Township 6. R = Range 7. Bearings ore based on the Florida State Plane Coordinate System, East Zone, North American Datum 1985/1990 whereas the northerly line of the South One-Half of Section .35 bears N 89',34'48" E. 8. According to Federal Emergency Management Agency Flood Insurance Rote Mop, Community - Panel Number, 125150-0594C, Revised June ,3, 1996, the subject Property lies in Zone AE, with a base flood elevation of 8.0 feet. Elevations ore Based on NOVD 1929. 9. The subject parcel lies entirely within the boundary of the Naples Municipal Airport. ~M.~PARCEL - NAPLES MUNICIPAL AIRPORT NAPLES AIRPORT AUTHORITY MAP OF BOUNDARY SURVEY OF PART OF SECTION 2, T 50 S, R 25 E CITY OF NAPLES, COLLIER COUNTY, FLORIDA AGEND;¢~TEM No. NOV 2 3 1999 EXECUTIVE SUMMARY SUBMITTAL OF AN EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE COMPETITIVE GRANT FOR VOLUNTARY ORGANIZATIONS ASSISTING IN DISASTER AND COMMUNITY EMERGENCY RESPONSE TEAM ACTIVITIES OBJECTIVE: To obtain Board of County Commissioners approval for the submission of a competitive grant package to the Florida Department of Community Affairs for developing a Voluntary Organizations Assisting in Disaster (VOAD) program and the enhancement of an existing Community Emergency Response Team (CERT) program. CONSIDERATION: The Florida Department of Community Affairs has made funds available for emergency management program enhancement. During this grant cycle, the Emergency Management Department is applying for funds to develop a local "Voluntary Organizations Assisting in Disaster" (VOAD) program which will coordinate recovery actions among the hundreds of local agencies willing to help in the aftermath of a disaster. The VOAD concept has been very successful in other states, as well as, several Florida communities. We are requesting monies to help us staff a temporary, part-time position and for training to bring this project to fruition. The ground work has already been laid with several local church and business groups eager to participate. We are also asking for funds to equip several of the Community Emergency Response Teams (CERT) that have been trained locally during the past year. These teams are the backbone of emergency response at the neighborhood level. The completed grant package is due at the Department of Community Affairs by 4:00 p.m., November 30, 1999. FISCAL IMPACT: $29,513 is the requested amount of the Grant. GROWTH MANAGEMENT IMPACT: None. NOV 2 3 I 99 _ Img, RECOMMENDATION: That the Board of County Commissioners approve this submittal for a competitive grant from the Emergency Management Preparedness and Assistance Fund. SUBMITTED B~ Date: ,",~,~'~' e~eth F. Pineau, Emergency Management Director APPROVED BY:` ,~. ///~/~]I ~ Date'_ _/ /"-Ad__-~imstrat_:___~r Michael A. McNees, Assistant County AGENDA lT..EM No. N 0Y 2 3 1999 Pg. EMPA COMPETITIVE GRANT APPLICATION ATI'ACHMENT 1 TITLE PAGE TITLE OF PROJECT VOAD/CEP. T Imr~lementation Program AMOUNT REQUESTED FROM STATE $. 29,513 AMOUNT MATCHING FUNDS COMMI~D $ 9,064. This is an application for a competitive grant under (indicate ONLY one): XXX 1) Emergency Management Competitive Grant Program, or 2) Municipal Competitive Grant Program The application is submitted for consideration in the following category (select ONLY one): 1) A project that will promote public education on disaster preparedness and recovery issues. XXX 2) A project that will enhance coordination of relief efforts ofstatewide private sector organizations, including public-private business parmerships. 3) A project that will improve the training and operations capabilities of agencies assigned lead or support responsibilities in the State Comprehensive Emergency Management Plan. 4) A project that will otherwise further state and local emergency management priorities identified in the Notice of Fund Availability. APPLICANT INFORMATION: Name ofOrganization: Collier County Emergency l~.anagement Address of Organization: 3301 East Tamiami Trail Naples, FL 34112-4761 E-mail address: pine~tuk@naples .net Name of Chief Elected Official: Pamela S. Mac ~:K5 e: Cha i rworn~n Name of Chief Administrative Officer: Robert F. Fernandez: County Name of Applicant Contact: Kenneth F. Pineau Title of Applicant Contact: Emergency Management Director Telephone Number of Applicant Contact: (941)' 774 ~ 8444 Federal Employee Identification (FEID) Number: 59 - 6000558 Administrator AUTHORIZED SIGNATURE [Must comply with 9G-19.008(7), F.A.C., or application will not be scored]: Signature: Title: Chairwo~an~ Collier County Board of County Commissioners A'G£kiDA ITEM No,_ 1999 Pc j, 16 Approvod aa ~o for~l~ lelgal suffieieAney November 18, 1999 Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Attn: EMPATF Program Dear Review Committee: Its our pleasure to present this request for funding in support of VOAD/CERT implementation program for Collier County. The total award requested for this project is $29,513.00 in support of ESF 15 and the Community Emergency Response Team (CERT) effort in Collier County. This application is made without collusion with any other entity submitting an application and the application is, in all respects, fair and in good faith made without fraud. Collier County currently has numerous volunteer groups and organization which have significant talent, resources and capabilities which could be utilized in response to an emergency/disaster. Additionally, Collier County has a growing CERT program which is in need of resources to continue its growth. This grant, if approved would support the fundamental areas of response and recovery: "Community Neighborhood Outreach" "Citizens Warning" "Hurricane Evacuation Sheltering" If you have any questions concerning the proposed day-to-day management of this project, please contact Kenneth F. Pineau, Emergency Management Director of Collier County at 941-774-8444. We look forward to the opportunity to work with you in this worthwhile endeavor. Sincerely, Kenneth F. Pineau, CEM Collier County Emergency Management Director AGENDA I~'EM No.__lh' C--,, NOV 2 3 1999 Table of Contents Executive Summary Organizational Profile -name -statewide services -directory of services -organizational charts -project administrator Project Proposal -title -problem statement -goals and objectives -project description -method and approaches -experience and abilities a. organization/management b. budget -demonstrated emergency management need or priority -project benefits -pertinent disaster/emergency declarations -impacted by environmental clean-up initiative -future funding Application Questions 1. Clearly identify a demonstrated state or local emergency need and explain how this project will address it. If applicable, identify which emergency management priority, as iden iiic~OO. No, NOV 2 3 1999 Pg. z.~ e Notice of Fund Availability, the project addresses. Clearly link the project to the priority. Discuss the extent to which the proposed project meets a demonstrated emergency management need or priority within a jurisdiction included in a presidential disaster/emergency declaration within 24 months prior to the date of the Notice of Fund Availability. Identify the immediate tangible emergency management benefits (short term projects, i.e. - 12 months or less in duration), or reasonable expectation of long term emergency management benefits coupled with the availability of resources (other than this grant amount) to continue implementation of the project past the term of the award (long term projects, i.e.-duration of longer than 12 months). 4. a. For projects enhancing emergency management capabilities of state, local or private non-profit organizations, discuss the number of emergency management personnel whose emergency management needs will be directly benefited by the project; OR b. For all others, discuss the number of persons in the target area in Florida whose emergency management needs will directly benefit from the project. 5. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable comprehensive emergency management plans. 6. Discuss why this particular method and approach was chosen. 7. Identify Applicant's project match. 8. Discuss the Applicant's experience and ability applied to the project. AGENbA ITEM No. I(~ ~ ~ NOV 2 3 1999 Addenda referred to the Narrative and Application Questions Florida VOAD - Voluntary Organizations Active in Disaster Coordination of Federal and State Response Resources Emergency Support Function (ESF) # 15 CERT - Community Emergency Response Team AGENDA ITEM No._ I~ ~'~, N OV 2 3 1999 Pg. ~ Executive Summary Project objectives The Collier County project is to develop a Voluntary Organizations Active in Disaster (VOAD) infrastructure. Fiscal responsibility, supervision and strategic planning coordination will be provided by Joan L. Vander Till on behalf of Collier County Emergency Management. This is a collaborative project that will help meet state Collier County requirements for Emergency Support Function # 15 including CERT as outlined in the Florida State Plan. Goals for the project include the development of Collier County VOAD through collaboration with existing and potential members of the County Emergency Response Team. There will be a management system in place to coordinate volunteers and donations in the event of disaster. The project includes a strategic planning process to ensure all involved community organizations and groups will be involved in the group's formation. The strategic planning process will explore and evaluate other funding resources so that Collier County VOAD will not experience long term dependency on state funds for operational support.. Major tasks The model we propose to develop is a hybrid, incorporating the best features of two models, Sarasota and Miami-Dade counties, in conjunction with the state CERT working group and include extensive community education and training. In Sarasota, the emphasis is on volunteer recruitment, and in Miami-Dade County the emphasis has been on training of the 40+ non-profit members of the VOAD itself to be institutionally prepared to serve the community. We hope to take advantage of a broader base of volunteers by approaching civic clubs, businesses, church congregations as well as human service agencies. We plan to emphasize internal preparedness before asking others for a commitment to serve the community. We will do extensive community education in the process of volunteer recruitment. Tasks include: - Recruit and train volunteers, - Create management and committee structure to utilize volunteers, - Distribute information brochures, AGENDA IIEM NO. N0V 2 3 1999 Pg Title: Project VOAD/CERT Implementation Program, Collier County, Florida Problem statement As communities in Florida become more densely populated, the devastation of a major hurricane or other disaster of similar magnitude becomes crippling to the economy. In addition, many human and animal lives may be lost. In Collier County, approximately 42% of the population is either under 14 years of age or over 65, requiring special assistance during a hurricane or other disaster. For those individuals who do not want to go to a Red Cross shelter, there are only 7,800 motel and hotel rooms available in all of Collier County. There are no accomidations available for volunteers arriving to help in the aftermath of a major disaster such as a hurricane. For individuals to be safely evacuated prior to a disaster and to ensure successful relief efforts, it is essential that a coordinated effort be established by Collier County agencies for the purpose of coordinating volunteers, accepting and distributing donations and providing local immeadiate response and assistance. Goals and objectives Collier County Emergency Management desires to develop, on behalf of the members of the Emergency Response Team, a VOAD to coordinate management of volunteers and donations in response to disaster. Creation of the VOAD will result in a heightened level of disaster preparedness and awareness. To enable VOAD coordination efforts to be retained on reduced or contributed support in subsequent years, Collier Emergency Management also plans to lead the community in developing a strategic plan to address long term development, maintenance and project financing issues. Goals for the project: 1) Create a Voluntary Organizations Active in Disaster /'OAD) gctivity AGENDA ITEM No, I(~ ~, ~ .- tlOV 2 3 1999 - Speak to organizations for support in recruiting volunteers, - Develop and disseminate information such as preparedness checklists for civic, religious, and business organizations, - Cooperate and collaborate with other VOADs, - Conduct strategic planning with the management team and other interested parties to set the stage for long-term organizational development. - Provide a base-line of safety equipment for County CERT volunteers Budget We request a $29,513 grant from the Florida Department of Community Affairs. Benefits Short term benefits include recruitment of a volunteer cadre to assist in coordinating in-kind and monetary donations and recruiting additional Collier County volunteers for service during a disaster. Volunteer recruitment will also provide a significant spillover benefit in a heightened emphasis on community preparedness education, as well as need resource support to the growing CERT program in Collier County AGENDA ITEM No. [GC~ . N 0¥ 2 3 1999 I0 .... through collaboration with existing and potential members of Collier County Emergency Response Team to meet the requirements of ESF 15. 2)Enhance and expand in-place CERT program. 3)Develop a strategic plan for cost-effective development and long-term maintenance that can be utilized in Collier County. Goal # 1 Create a VOAD and collaborate work with other response team members -increase community wide disaster awareness -avoid duplication of activities -identify, recruit and train affiliated volunteers from among church congregations, civic clubs and organizations, business and chambers of commerce, and human service agencies -identify, recruit and train non-affiliated volunteers to assist in prevention and response functions, as appropriate -create and maintain data base of all recruits and groups, cross-referenced with the responsibilities they have agreed to assume during disaster -develop an efficient method of matching disaster victims with available resources/supplies and human assistance -assist local agencies and businesses in disaster planning Goal #2 Expand in-place CERT program -provide a base-line of standard uniforms and equipments to CERT members who complete the approved program of instruction -improve the information flow on CERT and CERT issues to the community -expand on the current training and exercise program -provide public information support to increase more CERT volunteers Goal #3 Institute a plan for eventual funding self-sufficiency -explore matching grant opportunities from private organizations -seek Collier County budget incorporation of a successful program -work with VOAD constituency organizations to obtain several small grants from a wide variety of community activitists/activities -develop business sponsorship opportunities Project description The VOAD/CERT implementation program is the name of a collaborative effort AGENDA ITEM No~ I(,' f'~'<, NOV 2 3 1999 proposed by Collier County Emer~,ency Management, on behalf of local participants on the Collier County Emergency Response Team. The development of the Collier County VOAD/CERT Implementation program will assist all organizations currently participating on the County Emergency Management Response Team and will provide disaster preparedness education to members of many other community organizations and groups. Most organizations have their own internal systems which accept volunteers and donations. This project will develop, through formation of the VOAD/CERT Implementation Program, a coordinated community wide effort. The consequence will be reflected in a heightened and more effective level of community disaster preparedness. Members of the Collier County Response Team will be positively affected by this project as they join together to meet the objectives ofESF 15 in the Collier County Comprehensive Emergency Management Plan. Active recruitment of a wide variety of community organizations, ranging from Boy Scouts and church congregations to the Chambers of Commerce, will dramatically increase the level of Collier County's preparedness and capacity for rapid and effective voluntary response. Some organizations already have emergency management responsibilities, e.g., the American Red Cross. Care will be taken to join forces with others rather than duplicate existing services. Methods and approaches Volunteers need leadership and resources to be motivated and successful. planning for disaster will lend itself to achieving a strong organization. Strategic Methods and time references include: January-June -Create data base and materials for disaster planning processes to be conducted by volunteers -Conduct meetings with emergency management personnel and county agencies -Evaluate the structure of other successful VOADs -Compare national and state VOAD objectives and structural alternatives -Obtain free materials from FEMA and Red Cross · '4-4-~ ~ A .J. --' ..... -Create central coordinating committee and recruit comrr m,~,~K~IEN~h~l.rEM No._! ~t &~ - Project Benefits Short-term benefits include: 1)establishment of a master plan with a central point of contact within the county EOC who can direct response and efficiently provide resources to established organization when required; 2) more trained volunteers prepared to respond in disaster; 3)more organizations committed and prepared to provide relief; 4)improved coordination within the state EOC, ESF 15; 5)support to an already in place CERT program enabling expansion; 6)increased awareness of preparedness issues, which should reduce human, animal and property loss in the event of a natural or technological disaster; 7) more private alternatives available for shelter in the event of a natural or technological disaster, 8) the development of advance commitments from volunteers which will reduce the cost to the state in response efforts. Long term benefits include a reduction in the state allocation of support for similar coordination services. Demonstrated Emergency Management Need or Priority This project assists Collier County in providing guidance for methods of fulfilling the mandate of Emergency Support Function 1 $, under the state comprehensive emergency management plan encouraging communities to develop a management system designed to accept volunteers and donations, to work with the state on behalf of Collier County, the VOAD project coordinator will be responsible for ESF 15 compliance. An additional benefit will be an increased community preparedness enhancement of the Collier County Community Emergency Response Team (CERT) program. Currently there are approximately 200 organizations, groups or interests which plan to, or have the capability to provide assistance to the emergency preparedness capabilities within Collier County. Currently these capabilities are not synchronized and only superficially identified and organized. If funded this initiative will greatly enhance the county's ability to prepare, respond, recover and mitigate disasters. AGENDA No._ I~ NO¥ 2 3 1999 Pg -Meet with organizations and reach agreement on coordinating committee structure -Contact churches, civic clubs, fraternal and business groups to appoint disaster liaison persons -Develop volunteer training outline, utilizing materials developed by National VOAD -Organize leadership structure, committees and sub-committees through meetings -Begin regularly scheduled monthly meetings -Define job descriptions for coordinating committee and volunteer -Conduct training for recruited volunteers on organizational disaster planning utilizing community resources -Create checklists and handouts for disaster planning -Develop an exercise scenario for volunteers and donations as part of the statewide hurricane exercise -Attend annual statewide Governor's Hurricane Conference to evaluate emerging plan against state wide trends July-December -Hold training sessions on organizational disaster planning -Increase preparedness awareness and continue weekly disaster preparedness group discussions -Complete the recruitment and assignment of volunteers for central coordinating committee -Create leadership plans to adjust to adjust for volunteer vacations and obligations; continue committee meetings -Continue efforts to keep disaster preparedness in public eye and continue weekly talks -Complete a final report, including the VOAD strategic plan and recommendations for program continuation Experience and abilities Project Organization and Management The project will be managed by Joan L. Vander Till, volunteer for Collier County Emergency Management Department. Joan L. Vander Till has the cooperation and support of the Collier County Emergency Management Department and the other County Emergency Response Team Members. She will directly supervise this program to set up the VOAD network, train volunteers, and coordinate the strategic AGENDA ITEM No, ! Fc¢-, 'q - 1999 planning process. The CERT aspects of this program will be managed by Jim von Rinteln, FPEM who is a full-time Collier County Emergency Management Coordinator and has been managing the CERT program in Collier County for the past two years. Pertinent Disaster/Emergency Declarations - FEMA DR 1306-FL FEMA 3150-EM Impacted by Environmental Clean-up Initial - not applicable Future Funding -if this grant is approved, the day to day administrative costs and capital expenses will be assume by Collier County Emergency Management. AGENDA ITEM No.- ~L~ C-~,'<, - t40 2 3 AI-I'.,CttMENT2 VOAD/CEPT IMPLEMFNTATION PPOGRA~ November 15~ 1999 Proposed Budget Cash In-kind Tom1 EMPA To~ EXPENDITURE CATEGOPdES Match Sendces Grantee A ~.-ard Project Match Cos~ Cost A B A+B=C D C-D=E 1 SALARY AND BENEFITS $3,173. 20,000 $23,173 OT}t,.R PERSONAL / CONTRACTUAL SERVICES ' .-\DNIINISTRATlVEEXPENSES 1,500[ 1,500 -' EXPENSES $2891. 8,013 10,904 5 OPERATING CAPITAL OUTLAY i!.~D C:\PITAL OUTLAY 3,000 3,000 TOTAl. EXPENDITURES 9,064 29,513 38,577 PERCENTAGES A% B% C% D% I E% 1 23.5% 76.5% 100.0% N..\R~4TIVE EXPLANATION ANDJUSTIFICA~ON OF LINEITEMS: Salaries and Benefits: CERT Program Manager' $31.73 x 100 hours VOAD Coordinator $17.00 x 1175 hours $3,173.00 $20,000.00 o Administrative Expenses: Printing of VOAD Brochures and Newsletters %1,500.00 ExDenses: Postage Teleohone (Local and Long Distance) Office Supplies CERT Team Equinment .,',~ERT Training Manuals/Newsletters VOAD Training and Travel VOAD Advertising $1,447.00 $944 O0 $500 O0 $4,237 O0 $776 O0 $2,500 00 ~5oo 00 Fixed Capital Outlay: Computer Work Station', Printer and Facsimile Machi'ne AGENDA ITEM $ 3 , 000 . 0 0 Total: $38,577.00 Proposed C.E.R.T. (;rant Budget I'ct'~omtl Sal~ty Equipment t'o]' Volunteers: Item Safety Vest 50 ea @ $18.95 Hard Hat 50 ea @, $3.20 Dusl Masks 10 boxes of 20 ea '0:$13.95 1-%c Protection 60 ea ~ $1.95 I land Signs (Stop/Sloxv) 15 ea ~ 13.95 l:lashli-hts 50 ca (/i $10.50 Safety Gloves 10 dz @ $16.00 per Light Sticks 200ea ,'a?: $1.15 Shirts 75 ea ~ $15.00 2 Way Radios 15 ea :~: $41.50 Equipment Total }h-inting Cost: Item C.I-:.R.T. Training Manuals 50 sets Flyers & News letters Printing Total Total $948. $160. $140. $117. $209. $525. $160. $230. $1,125. $623. 54237. Total $277. $499. $776. Total Request $5,013. In-Kind Contribution from Collier Count)' Sal:u'x and Benefits: C.E.R.T. Program Manager ( 100 hours) ['.N. Mail Postage and Services l'elephone:Voice Mail Total in-kind contribution $3,173. $447. $444. 54,064. AGENDA ITEM No. N 0 ¥ 2 Proposed V.O.A.D. Grant Budget Salary- Coordinator Priming Advertisemem TRAVEl- mileage local/Collier County Govemor's Hurricane Conference State Emergency Management training ESF 15 training/course $ 20,000.00 1,500.00 500.00 700.00 700.00 600.00 500.00 TOTAL REQUEST $ 29,500.00 In-Kind Contribution from Collier County Telphone Postage Office Supplies Computer, Software, Primer & Fax TOTAL IN-KIND CONTRIBUTION 500.00 1,000.00 500.00 3,000.00 $ 5,000.00 AGENDA ITEM No, NOV 2 3 1999 Proposed C.E.R.T. Grant Budget Personal Safety Equipment for Volunteers: Item Safety Vest 50 ea ~ $18.95 Hard Hat 50 ea ~ $3.20 Dust Masks 10 boxes of 20 ea ~ $13.95 Eye Protection 60 ea ~ $1.95 Hand Signs (Stop/Slow) 15 ea ~ 13.95 Flashlights 50 ea ~ $10.50 Safety Gloves 10 dz ~ $16.00 per Light Sticks 200ea ~ $1.15 Shirts 75 ea ~ $15.00 2 Way Radios 15 ea ~ $41.50 Total $948. $160. $140. $117. $209. $525. $160. $230. $1,125. $623. Equipment Total $4237. Printing Cost: Item Total C.E.R.T. Training Manuals 50 sets Flyers & News letters $277. $499. Printing Total $776. Total Request $5,013. In-Kind Contribution from Collier County Salary and Benefits: C.E.R.T. Program Manager (100 hours) $3,173. U.S. Mail Postage and Services $447. Telephone/Voice Mail Total in-kind contribution $444. $4,064. AGENDA'~iTEM No,. Application Questions Clearly identify a demonstrated state or local emergency management need and explain how this project will address it. If applicable, identify which emergency management priority, as identified in the Notice of Fund Availability, the project addresses. Clearly link the project to the priority. This project will provide an organizational and operational foundation for the ESF 15 of the Florida and Collier County's CEMP. Additionally, the volunteer recruitment effort will naturally result in supporting the objectives for public disaster preparedness information as outlined in ESF 14 and the in- place Community Response Team and CERT program. ESF 15 is described in the state plan: To manage the receipt and distribution of donated goods and services to meet requests in the wake of a disaster, a project which is assigned to the Florida Department of Community Affairs. This project will help meet the currently unresourced need in Collier County. Activities under this grant will also benefit ESF 14 which, in part, has the objective of coordinating and disseminating information to the media and the general public. Project VOAD will support this process to the extent that such information is disseminated in advance to the media and to community groups and organizations as part of our recruitment and readiness efforts. There is no VOAD in Collier County or other group with the capability to manage donations and volunteers. The VOAD project will link those wanting to help with those who require help. Additionally, organizations will be recruited in advance to accept responsibility for specific types of volunteers or goods. AGENDA 'i. IEM No. I ~ ~"~ rl ov 2 3 I~99 Functional groups of volunteers will be organize(, to report to a voluntary coordination committee. Separate groups will be established for special needs persons, donated goods, volunteer management, communications, volunteer recruitment and public preparedness information dissemination; they will be integrated with the county CERT program. This project requires an extensive management system to coordinate volunteers and donations. The management system will support both inter- organizational development of preparedness and response plans and provide a coordinated framework for plan coordination throughout Collier County. This project meets many needs for the following fundamental areas of response and recovery: citizen warning, community neighborhood (outreach) and hurricane evacuation shelters. An important by-product of the volunteer recruitment and training process will result in heightened community and organizational awareness. This in mm will lead to concrete preparedness results. If approved, we expect to have in place by the year 2000 hurricane season we a coordinated volunteer network ready to respond in time of disaster. Additionally, the county CERT program will be able to expand to approximately twice its current size. o Discuss the extent to which the proposed project meets a demonstrated emergency management need or priority within a jurisdiction included in a presidential disaster/emergency declaration within 24 months prior to the date of the Notice of Fund Availability. Collier County was included in four presidential disaster/emergency declarations in the past 24 months. In February, 1998, tornado damage occurred in the Naples area. In September, 1998, the effects of Hurricane George resulted in another declaration. During March, 1999, wildfires swept through portions of the County, severely taxing both relief and recovery assets. In September, 1999, the County was threatened by Hurricane Irene. Thousands of refugees from Florida's East Coast came to Collier County which served as a host evacuation county. In September, 1999, while not receiving a Presidential declaration, Tropical Storm Harvey caused extensive flooding in the county which further AGENDA ITEM No. }L- ~ NOV 2 3 1999 highlighted the County's need. The four recer/tly declared disasters that have impacted our community revealed how poorly the citizens are prepared to deal with natural disasters. The VOAD program, in conjunction with CERT, is aimed at changing this through comprehensive coordination, public education and training of community members and volunteer organizations, and helping them to better prepare themselves to face the next natural disaster. This project has not been submitted for nor refused funding by any federal public assistance program or hazardous mitigation program. e Identify the immediate tangible emergency management benefits (short term project, i.e.-12 months or less in duration), or, reasonable expectation of long term emergency management benefits coupled with availability of resources (other than this grant amount) to continue implementation of the project past term of the award (long term projects, i.e.-duration of longer than 12 months). The request for state funding is short term, but benefits accruing from the proposed effort will have both short and long term effects. The management network for coordinating volunteers and donations per ESF 15 including support for the already in place CERT program, are but two readily identifiable effects with long-term as well as short-term benefits. Indirect benefits include preparedness education, as per ESF 14. Creation of the VOAD organization in Collier County will result in a network of volunteer and donation acquisition.. The network will be ready to operate during wildfires and hurricane season 2000, a goal within the 12 months period defined as short-term benefit. Additionally, the current CERT program would be significantly enhanced with the resource and organizational support that this program could provide. To the extent that our strategic planning process addresses the long term organizational development and funding needs and helps creme a structure that is self- perpetuating, this will also have long term benefits. The benefit of disaster preparedness public education is more short-term goal oriented but will result in long-term societal changes. Creation of the VOAD, in AGENDA ITEM ' No. N 0V 2 3 1999 response to emergency management objective ESF 15, meets both long terrn and short term objectives. Side benefits address ESF 14 as well. Milestones are outlined in the narrative under "measurable objectives" and in the goals and objectives section in the time line under the "methods/ approaches" section. A network to manage donated supplies and volunteers is needed for all facets of our hazard emergency prepareness program, particularly regarding the hurricane threat to Collier County. This project puts in place a system to manage voluntary support which will potentially reduce the need for assistance by State and Federal agencies in time of disaster. . For projects enhancing emergency management capabilities of state, local or private non-profit organizations, discuss the number of emergency management personnel whose emergency management needs will be directly benefited by the project. (a) The target area for this project is Collier County, Florida, where approximately 233,177 persons reside, 86% in coastal areas. This project will improve the management systems for recruitment and acceptance of volunteers and donations. Such a management system may include the efforts of other organizations and individuals in Collier County. To the extent that the VOAD is successful in recruiting organizations to first enhance the readiness of their own members and then to be available to participate in a coordinated effort, this VOAD will significantly enhance county emergency management capabilities and support the efforts of the local emergency response cadre, including the county CERT program. Trained volunteers, for example, are the core competency of American Red Cross response to disaster. In Collier County, the local Junior Reserve Officer Training Candidate (JROTC) program has been integrated through the CERT program into the county's special needs response plan. The VOAD will provide a management system to coordinate donations and volunteers, and to that extent is crucial to Collier County Emergency Management ESF 15, along with ESF 14. VOAD priorities will also be established as a natural consequence of the major activities. One objective is to recruit more than 100 individuals and organizational representatives to become active volunteers in disaster response. Plans call A6ENDA ITEM No, l/,~ ~ ~ N OV 2 3 1999 for training, some of which will be con. ~leted with the county Red Cross chapter; other training will be provided by volunteer coordinator, Joan L Vander Till, and other emergency response specialists from the Collier County Emergency Team. To recruit volunteers for special training, they must be convinced that it is crucial to the success of their own organization's response to disaster. Community based organizations which respond to our recruitment will benefit, especially by providing a sense of mission for their membership. Organizations included are civic and fraternal clubs, non-profit agencies, churches, business and professional groups, and other interested partners. Describe the project's consistency with the State Comprehensive Emergency Management Plan and any applicable local comprehensive emergency management plans. This grant request for the formation of a VOAD meets the objectives of ESF 15 in the state plan, and will assist Collier County in enhancing its CEMP. Currently ESF 15 is generically grouped under the Collier County Emergency Management umbrella for "lead agency". This grant would provide for a dedicated ESF 15 lead and resulting organization and stewardship. The management system is designed to facilitate the smooth, logical, and seamless use of trained volunteers and community donations for disaster relief. Leadership for the VOAD will be provided by volunteer members of the Collier County Emergency Response Team and all activities will be closely coordinated with the EOC. Under Collier County CEMP ESF 15, the Emergency Operations Center (EOC) has responsibility for accomplishing the relief of disaster victims. Another goal will be the advancement of public education as recommended by ESF 14 in the state plan. To construct a management network, it is primary to train and educate members of various organizations to develop their own state of readiness. This project will assist county volunteers including the CERT members in educating their own group members, as well as the community at large. 6. Discuss why this particular method and approach was chosen. To develop a VOAD activity for Collier County is to take disaster management to its next logical step, i.e., assisting the local populace in AGENDA ITEM No~_ 1(~ '~ - t40V 2 3 19 9 obtaining the necessary tools to attain as high a level of self-sufficiency as feasible during a disaster. The VOAD effort will provide, on behalf of the county, a management system to coordinate volunteers and donations of goods, and provide oversight and supervision. A side benefit and secondary objective is to increase the preparedness of agencies and organizations and their individual members. Recruitment and training will accomplish this benefit. awareness There appears to be a largely untapped community resource of organizations and individuals whose contributions could prove of inestimable value in providing disaster relief. This program is designed to make use of these resources for the betterment of all the citizens of Collier County. Finally, a strategic plan for this program will be developed which will also address long-term develop and funding issues. 7. Identify Applicant's project match. Collier County will provide $9,064 in matching funds - (as outlined in the proposed budget) which will be committed to this project as part of the grant. Several additional in-kind matches may be available, should the grant funds be awarded. There are no other funds applied for or received by the applicant for any similar project. 8. Discuss the Applicant's experience and ability applied to the project. The Collier County Emergency Management Department was established in 1979 and is currently staffed by four full-time Emergency Management personnel; a Director, two Coordinators and a Senior Secretary/Special Needs Coordinator. Additionally, the department is supplemented byother County departments and an active volunteer force during emergencies. The functional area for managing volunteers within the Collier County Emergency Management Department was incorporated into the Emergency Support Function (ESF) 15 area (Volunteers and Donations) when the County adopted the State CEMP format in 1993. Currently the ESF 15 lead NOV 2 3 1999 responsibility is under the umbrella responsibilty of the Emergency Management Department with an established operational framework in place and qualified personnel available. VOAD Coordinator: Joan L. Vander Till has resident in Collier County since May 1999. She previously resided in Grand Rapids, Michigan, recruiting volunteers there for more than 20 years. Since living in this area, she was involved as a Collier County Emergency Management volunteer during Tropical Storm Harvey and Hurricane Irene. She has also been active as a volunteer for Collier County VOAD and the American Red Cross. Currently Collier County has the key component of a comprehensive VOAD program in place; interested organizations have been identified, a steering committee of key persons has been established, a volunteer chairperson is currently coordinating the program and a needs assessment has been made. Well over 100 separate volunteer entities (churches, ARC, Salvation Army, JROTC, clubs, etc.) have been identified at this writing and are in the process of being coordinated into a data base. The Collier County CERT program is coordinated by Jim Von Rinteln. He is a retired Army officer with three years as a Collier County Emergency Management Coordinator and is certified by the Florida Emergency Preparedness Association as Florida Professional Emergency Manager. Von Rinteln has been directing the CERT program in Collier County since 1997 and is a graduate of the DEM CERT Train-the-Trainer course. Additionally, Collier County has four active CERT teams in place, with three additional teams poised to start training. Currently there are more than 40 graduates of the DEM CERT Train-the-Trainer course in all eight fire districts within the County. The projected start date for the program will be early January 2000. The ground work for VOAD has already started. Tiebreaker: Has the Applicant's jurisdiction been impacted by an environmental clean-up AGEN D,'~ ~.EM No. ~t0~! Z 3 1999 initiative? Collier County has not been impacted by environmental clean-up initiati AGE~DAJT~EM No~ |~',~ I'40 V 2 3 I999 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 23, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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. October 20 - 26, 1999 October 27 - November 2, 1999 C. November 3 - November 9, 1999 3. Districts: Golden Gate Fire Control & Rescue District - Budget for 1999-2000; October 13, 1999 memo stating no outstanding bonds; Schedule of meetings for 1999/00; District Map; and Form DCA-SDIP-001 stating no change in the registered agent East Naples Fire Control & Rescue District - Budget for 1999-2000; Schedule of meetings for 1999/00; District Map; and Registered Office and Agent Big Corkscrew Island Fire Control & Rescue District - Five-year Plan; Schedule of meetings for 1999/00; October 12, 1999 letter stating no change in District Map or Registered Office and Agent; October 12, 1999 memo stating no bonds have been incurred; Audited Financial Statements for September 1998; Management letter for September 1998 financial statements Mediterra South Community Development District - Schedule of meetings for 1999/00; District Map; and Registered Agent Port of the Islands Community Improvement District - Minutes of meeting held August 19, 1999; Adopted budget for 1999/00; and Schedule of meetings for 1999/00 Lely Community Development District - Schedule of meetings for 1999/00 and District Map South Florida Water Management District - Budget for 1999/00; Certification of lands within district; and Copies of"Adopting the Tax Rates and Certifying the Levy" for the district Key Marco Community Development District - Schedule oflX 1999/00 and District Map [eetina~ for ~GENO~ No. /G, , NOV 2 3 Pg. , ! ,, , 1999 Pelican Marsh Community Development District - Schedule of Meetings for 1999/00 and District Map Minutes: Ao Bayshore Beautification Advisory Committee - Agenda for November 3, 1999 meeting and minutes of October 6, 1999 meeting Radio Road Beautification Advisory Committee - Agenda for November 8, 1999 meeting and minutes of September 23, 1999 meeting C. Collier County Planning Commission - Agendas for November 4, 1999 Pelican Bay MSTBU Advisory Committee - Agenda for November 3, 1999 and minutes of October 6, 1999 meeting E. Collier County Health Care Review Committee - Minutes of September 29, 1999 Other: Ao Letter of October 29, 1999 from Claude A. Haynes, Deputy Tax Collector, forwarding Constitutional Officers Financial Report for 1998-99; Combined Statement of Position Form DBF-AAo402 - All Fund Types and Account Groups; and Fund Group Form DBF-AA-403 - Revenues and Expenditures/Expenses; NOV 2 3 1999 Pg. ~ EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE RESOLUTION AND BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR 1999. OBJECTIVE: To have the Board of County Commissioners adopt the resolution and budget amendment appropriating $27,479,605 of carry forward, in various funds, to previde expenditure budgets for those purehase ordere that were in the process of being completed, but not completely fulfilled as of September 30th, 1999 CONSIDERATIONS: Purchase orders were issued to vadous vendors during FY 1998-99 and there were budgets to pay for those purchases. The purchase orders are still valid. The County continues to need those products or services ordered. However, the budgets to pay for those items expired as of September 30th. If the purchase orders were cancelled on September 30th they would have to be reissued on October 1st which would require unnecessary record keeping changes for the vendors, the County Purchasing Department, the Finance Department and the department which placed the order. However, FY 1999 budgets need to be appropriated to replace those that expired, to allow payment to be made. FISCAL IMPACT: There is no new impact to the respective funds. The decision to purchase was previously approved and the money with which to make payment was encumbered at the time the purchase orders were issued. The County's financial system is capable of taking such transactions into consideration at fiscal year end. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: The Board approve the requested resolution and budget amendment for $27,479,605 to appropriate carry forward and expenditure budgets for open purchase orders at the end of fiscal year 1999. REVIEWED BY: PREPARED BY: ~ ~.'}~ k..'/~"~' Shirley Van Vlil~t, Technical Assistant Mike Smykowski, Director of Budget and Management ~j~tmes Mitchell, Director of Finance U:~,BGT_ROLL\ENC_ROLL.XSM AGENDA LTEM No. lU NOV 2 3 1999 Pg FY 99-2000 BUDGET AMENDMENT TO FUNDS SHOWN j AMOUNTS ARE FOR CARRY FORWARD AND FOR APPROPRIATIONS TO PROVIDE FOR FY 99 OPEN PURCHASE ORDERS Fund Title 001 GENERAL FUND 472,249 101 ROAD AND BRIDGE 50,741 108 POLLUTION CLEANUP & RESTORATION 60,270 109 PEClCAN BAY MSTUBU 4,740 111 MSTD GENERAL FUND 25,067 113 COMMUNITY DEVELOPMENT 54,937 116 MISCELLANEOUS GRANTS 1,300 117 NATURAL RESOURCES GRANT 5,820 118 EMERGENCY MANAGEMENT & FIRE GRANTS 68,503 123 COLLIER CO SERVICES FOR SENIORS 7,619 126 METRO PLANNING - M.P.O. 14,484 130 GOLDEN GATE COMMUNITY CENER 1,300 136 GOLDEN GATE BEAUTIFICATION 8,660 140 PINE RIDGE IND PARK MSTU 4,194 146 OCHOPEE FIRE 3,685 150 RADIO ROAD BEUATIFICATION 3,977 151 SABLE PALM ROAD EXTENSION MSTU 28,025 156 IMMOKALEE BEAUTIFICATION 116,335 160 BAYSHORE/AVALON BEAUTIFICATION 69,552 188 800 MHZ IRCP FUND ACCOUNT 111,056 193 TOURIST DEVELOPMENT TAX 727,445 194 TOURIST DEVELOPMENT TAX 411,514 195 TOURIST DEVELOPMENT TAX 1,111,869 196 TOURIST DEVELOPMENT TAX/ECO DIASTER 314,490 226 NAPLES PARK DRAINAGE 3,399 301 FACILITIES MGMT 3,333,028 306 PARKS IMPROVEMENTS CIP 79,075 313 ROAD CONSTRUCTION GAS TAX 2,903,242 320 CLAM BAY RESTORATION 386,969 325 WATER MANAGEMENT ClP 335,674 331 ROAD IMPACT FEE - DIST 1 1,582,875 333 ROAD IMPACT FEE - DIST 2 352,842 334 ROAD IMPACT FEE - DIST 3 391,959 336 ROAD IMPACT FEE - DIST 4 9,648 338 ROAD IMPACT FEE - DIST 6 88,683 339 ROAD IMPCAT FEE - DIST 5 500 345 REGIONAL PARK IMPACT FEE 955 350 EMS IMPACT FEES 266,797 355 LIBRARY SYSTEM IMPACT FEE 189,250 368 NAPLES URBAN COMM PARK 452,711 408 COUNTY/WATER SEWER 127,601 411 WATER IMPACT FEES 2,917,385 412 COUNTY WATER CAPITAL 1,225,247 413 SEWER IMPACT FEE 2,774,259 414 COUNTY SEWER CAPITAL 2,060,837 470 SOLID WASTE 3,185,470 490 EMERGENCY MEDICAL SERVICES 6,936 491 EMS- GRANTS 14,325 495 CILLIER COUNTY AIRPORT AUTHORITY 1,050 496 AIRPORT AUTHORITY - GRANTS 944,694 522 MOTOR POOL CAPITAL RECOVERY 114,949 605 GAC TRUST - LAND SALES 51,413 Total added to FY99-2000 Budget $ 27,479,605 EXECUTIVE SUMMARY PETITION R-99-10, BLAIR A. FOLEY, P.E., OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING AMERISlTE LLC, REQUESTING A REZONE FROM "A" TO "C-5" FOR A STORAGE FACILITY FOR PROPERTY LOCATED ON THE EAST SIDE OF CR 951, NORTH OF RATTLESNAKE HAMMOCK ROAD, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.62 +1- ACRES. OBJECTIVE: This petition seeks to rezone the 4.62-acre subject property from Rural Agricultural, "A" to Heavy Commercial "C-5" to allow a self-storage facility. The site's present zoning classification allows agricultural land uses and single family dwelling units at a density of one (1) dwelling unit per five (5) acres. CONSIDERATIONS: The subject site is presently undeveloped and vegetated. The petitioner wishes to rezone the property to C-5 in order to construct a self-storage facility. The site will also include parking, landscaping, water management, and retained native vegetation. The property that abuts the site to the north is a nursery, but is also in the Activity Center, so it is eligible for rezoning to commercial. Properties abutting the site to the south are undeveloped and zoned Rural Agricultural, but are also within the Activity Center, and, therefore, are eligible for rezoning to commercial. Therefore, in the future, the parcel will be bounded by commercial zoning on the north and south. The eastern 400 feet of the site is proposed for water management and retained native vegetation. Access to the site is proposed from CR-951 across an existing bridge over the 951 canal. PRO/CON: Pro Rezoning of the site to allow commercial uses is consistent with the Iocational criteria for commercial rezoning as described in the FLUE in that the site's Future Land Use designation is Activity Center Subdistrict. NOV 2 3 1999 Con This rezone request is the first within this quadrant of Activity Center 7; therefore the adjacent uses are currently agricultural in nature. The ITE Trip Generation Manual indicates that the proposed development will generate approximately 113 trips per weekday. The p.m. peak hour trips are estimated at 11.7 weekday trips. FISCAL IMPACT: This petition is for a 46,560 square foot storage facility. The following estimate of impact fees is applicable to this project: Fire Impact Fee: Road Impact Fee: EMS Impact Fee: Correctional Facilities Impact Fee Radon: Building Code Adm. Fee: Total: $13,968 $11,128 $ 604 $1453 $ 33 $ 33 $27,219 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally offset the cost of administering the Community Development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. 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. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination, while others, such as roads may have geographic concurrency implications. GROVVTH 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 and a compatibility analysis is as follows: 2 AGEI~A ITEM NOV 2 3 1999 Future Land Use Element- The Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district(s) as defined in the Land Development Code, within the Activity Center land use designation which permit uses characterized as commercial. In the opinion of staff, an action to rezone the property to C-5 for a storage facility type of land uses meets the criteria for serving the community at large and is consistent with the criteria as described in the Activity Center Subdistrict in the FLUE. Compatibility - Staff is of the opinion that a rezoning of the subject property to the Heavy Commercial zoning district for self-storage is compatible with its surrounding environs. The property that abuts the site to the north is a nursery, but is also in the Activity Center, so it is eligible for rezoning to commercial. Properties abutting the site to the south are undeveloped and zoned Rural Agricultural, but are also within the Activity Center, and, therefore, are eligible for rezoning to commercial. Therefore, in the future, the parcel will be bounded by commercial zoning on the north and south. The property to the east is within the Urban Residential Fringe and therefore is eligible for rezoning to residential, but at a lower density than in the Urban area. Intense commercial uses are not usually considered compatible when adjacent to lower density residential, however, a self-storage facility is a relatively benign use of the C-5 district when combined with appropriate architectural and landscape requirements. In addition, the eastern 400 feet of the site, adjacent to future residential, is proposed for water management and retained native vegetation. Access to the site is proposed from CR-951 across an existing bridge over the 951 canal. CR 951 is a 4-lane divided arterial road acting as the major north-south route in this part of the county. Transportation - The ITE Trip Generation Manual indicates that the proposed development will generate approximately 113 trips per weekday. The p.m. peak hour trips are estimated at 11.7 weekday trips. The build-out of the project is estimated to be in 2000. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C' design volume) of CR-951 at build-out. Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the TCE. 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 TCE indicates that this segment of CR-951 is a 4 lane arterial road in the project area. The current traffic count for this road segment is 23,739 ADT that results in LOS "C" operation. Rattlesnake- Hammock Road within the projects RDI has a count of 5,278 ADT and is also operating at LOS "C". These roads are projected to operate at an acceptable level of service at the project's build-out. Therefore, this project is deemed consistent with Policies 1.3 and 1.4, of the TCE. Since the site is located within an Activity Center, the access plans developed for activity centers shall apply. The final traffic circulation system will be reviewed at the time of site development plan review. AGENDA ITl. NOV 2 3 1999 pg. ,~' HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's 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 SERVICES STAFF RECOMMENDATION: Planning Services Department staff recommends approval of Petition R-99-10, subject to the conditions in the Resolution, having the effect of rezoning the subject property from Rural Agricultural to Heavy Commercial (with conditions). EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: At the November 4, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition R-99-10 to the Board of County Commissioners with the following stipulations: When, in the opinion of the Transportation Services Director, analysis reveals the need for a northbound deceleration lane on CR-951, the petitioner shall bear a fair- share percentage for the required improvements with the other property owners using the canal crossing. 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 shall be contacted. The canal crossing shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. The permitted uses shall be those of the General Commercial (C-4) district and self-storage (SIC Code 4225). 5. Major structures and parking are not permitted on the eastern 400 feet of the site. 4 NOV 2 3 1999 PREPARED BY: ~i~/~[-D F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE pR)ObEl~t J. MULHERE, AICP LANNING SERVICES DIRECTOR DATE APP~I~O~D BY: ,.' ).// . // VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition R-99-10 Amerisite rezone A~ZNDA IT~.M NOV 2 3 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 30, 1999 SUBJECT: PETITION: R-99-10, AMERISlTE REZONE OWNER/AGENT: Owner: Lawrence McMahon Jean H. McMahon 106 Bay Drive East Huntington, NY 11743-1415 Contract Purchaser: Amerisite LLC 3295 Fort Chades Drive Naples, FL 34102 Agent: Blair A. Foley Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 REQUESTED ACTION: This petition seeks to rezone the 4.62-acre subject property from Rural Agricultural, "A" to Heavy Commercial "C-5" to allow a self-storage facility. The site's present zoning classification allows agricultural land uses and single family dwelling units at a density of one (1) dwelling unit per five (5) acres. AG E N D.Ad3~'E.~. No. I / ([ NOV 2 3 1999 ~A tTE 2 3 1999 GEOGRAPHIC LOCATION: The subject site is located on the east side of CR 951, ¼ mile north of the intersection with Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East. The parcel lies within Activity Center 7. PURPOSE/DESCRIPTION OF PROJECT: The subject site is presently undeveloped and vegetated. The petitioner wishes to rezone the property to C-5 in order to construct a self-storage facility. The site will also include parking, landscaping, water management, and retained native vegetation. SURROUNDING LAND USE AND ZONING: Existing: The subject 4.62 +/- acre site is currently undeveloped. Surrounding: North: The property to the north is zoned Rural Agricultural, "A" and is currently developed with a nursery. It is within the Activity Center South: The property abutting the site to the south is zoned Rural Agricultural, "A", and is undeveloped. It is within the activity Center East: The property to the east is zoned Rural Agricultural, "A" and is currently undeveloped. West: The western property line abuts the South Florida Water Management District right-of-way for the CR 951 canal, across which is the CR-951 ROW, a four-lane divided highway, across which is the Naples Forest Country Club PUD, which is approved for 785 units at a density of 1.67 dwelling units per acre and a 150,000 square-foot commercial development. GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within Activity Center 7 on the Future Land Use Map. A description of the meaning of the Activity Center subdistrict in the FLUE advises that the concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. The subject petition is for a commercial type of land use that is authorized by the site's consistency with the Activity Center land use classification in the FLUE. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from "A" to C-5 will not change any adopted level of service relationship in a negative manner. NOV 2 3 1999 HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. 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 a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff members have reviewed the subject petition 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 staff. This petition was administratively reviewed on behalf of the EAC and staff recommended approval with conditions as presented in the attached ordinance for adoption. ANALYSIS: Appropriate evaluation of petitions for rezonings 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 petitioner'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. The most important facet of the rezoning is that it constitutes a legislative statement that authorized 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 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 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified by the Board of County Commissioners. Notwithstanding the above, staff, in reviewing the determinants for adequate findings to support a rezoning action, advises as follows: NOV 2 3 1999 Relationship to Future and Existinq 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 Future Land Use Element provides for a land use district which allows property to be rezoned to the appropriate zoning district(s) as defined in the Land Development Code, within the Activity Center subdistrict land use designation which permits uses characterized as commercial. In the opinion of staff, an action to rezone the property to C-5 meets the criteria for serving the community at large and is consistent with the criteria as described in the Activity Center Subdistdct in the FLUE. It is not sufficient that a petition only need to show consistency with the GMP in order to justify a rezoning action. Other factors are equally important and include the following: Compatibility - Staff is of the opinion that a rezoning of the subject property to the Heavy Commercial zoning district for self-storage is compatible with its surrounding environs. The property that abuts the site to the north is a nursery, but is also in the Activity Center, so it is eligible for rezoning to commercial. Properties abutting the site to the south are undeveloped and zoned Rural Agricultural, but are also within the Activity Center, and, therefore, are eligible for rezoning to commercial. Therefore, in the future, the parcel will be bounded by commercial zoning on the north and south. The property to the east is within the Urban Residential Fringe and therefore is eligible for rezoning to residential, but at a lower density than in the Urban area. Intense commercial uses are not usually considered compatible when adjacent to lower density residential, however, a self-storage facility is a relatively benign use of the C-5 district when combined with appropriate architectural and landscape requirements. In addition, the eastern 400 feet of the site, adjacent to future residential, is proposed for water management and retained native vegetation. Access to the site is proposed from CR-951 across an existing bridge over the 951 canal. CR 951 is a 4-lane divided arterial road acting as the major north-south route in this part of the county. Timing - Center 7. There are no issues of timing. This will be the first rezone in this quadrant of Activity Traffic - The ITE Trip Generation Manual indicates that the proposed development will generate approximately 113 trips per weekday. The p.m. peak hour trips are estimated at 11.7 weekday trips. The build-out of the project is estimated to be in 2000. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C' design volume) of CR-951 at build-out. Therefore, this project is deemed consistent with Policies 5.1 and 5.2 of the TCE. 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 TCE indicates that this segment of CR-951 is a 4 lane arterial road in the project area. The current traffic count for this road segment is 23,739 ADT that results in LOS "C" operation. Rattlesnake-Hammock Road within the projects RDI has a count of 5,278 ADT and is also operating at LOS "C". These roads are projected to operate at an acceptable level of service at the project's build-out. Therefore, this project is deemed consistent with Policies 1.3 and 1.4, of the TCE. Since the site is located within an Activity Center, the access plans developed for activity centers shall apply. The final traffic circulation system will be reviewed at the time of site development plan review. 4 A~A ITF. JM NOV 2 3 1999 STAFF RECOMMENDATION: Staff recommends that the CCPC t~orward this petition to the Board of County Commissioners with a recommendation for approval, having the effect of rezoning certain lands from Rural Agricultural "A" to Heavy Commercial "C-5", with the following stipulations: When, in the opinion of the Transportation Services Director, analysis reveals the need for a northbound deceleration lane on CR-951, the petitioner shall bear a fair-share percentage for the required improvements with the other property owners using the canal crossing. 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 shall be contacted. The canal crossing shall be improved to all applicable County Land Development Codes and roadway standards prior to the issuance of any Certificates of Occupancy for any development on the subject property. 4. The permitted uses shall be those of the General Commercial (C-4) district and self-storage (SIC Code 4225). 5. Major structures and parking are not permitted on the eastern 400 feet of the site. PREPARED BY: I~NALD f. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE AP P R O VED I~: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: R-99-10 Staff Report for November 4, 1999 CCPC Meeting COLLIE~NTY ~A,,~ N/~~ISSlON: RUSSEL,/~. BUDD, CHAIRPERSON APPLICATION FOR PUBLIC HEARING FOR: Petition No.: D~e Petition Co~sdon Di~ct: ~ Pl~ ~i~: ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) AmeriSite LLC. Applicant's M~iling Address 3295 Fort City Naples Applicant's Telephone # (941~ 261-0247 Name of Agent Blair A. Foley Agent's MaiRng Address 3106 South City Naples Agent's Telephone # (941) 643-2324 Charles Drive Florida 34102 State Zip Fax# (941) 261-8035 Firm Coastal Horseshoe Drive Engineering Consultants State Florida Zip 34104 Fax# (941) 642-1143 COLLIER COUNTY COMbfLrNITY DEVELOPIVIENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARIN(~ FOR ~TANDARD RI~.?-ONE -f~gR PAGE I O ~ 3 =l'~ DA ~sl;5'/ 2 3 1999 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. (Usc additional sheets if necessary). Name and Address Percentage of Own~p 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 Co 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 PAGE If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiazies, or partners. Date of Contract: February 12, 1999 N~me and Ad&mss AmeriSite LLC. 3z~) Fort unarles Drive Naples, Florida 34102 Percentage of Ownership Peter Sulick II (Managing Member) Patricia Ann Sulick Peter Sulick III 85.4% 7.3% 7.3% If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Nm and Address g. Date subject property, acquired [] leased [] Term of lease yrsJmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE AC~Zb~A IT~J . '""' 2 3 1999 OF II~.¢ v 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. 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 monttm, 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, aa engineer's certification or sealed survey may be required. Section: 14 Township: 50s Range: 26E Lot: Block: Subdivision: Plat Book Page #:~ Property I.D.#: 617720009 Metes & Bounds Description: 14-50-26 S. 1/2 of N. 1/2 of N.1/2 of SW. 1/4 of SW 1/4, less W. 100ft for R/W Si-.eofproperty:, 165 fLX 1, 219. 68i~. =To~dSq. Ft. 201,247 Acres 4.62 Address/general location of sub_iect property_: Project is located on the East S±de of CR 951 North of Rattlesnake-Hammock Road. Ad_iacent zoning and land use: Zoning Land use N A Rural Agricultural District Rural Agricultural District Rural Agricultural District CR 951 S A A E W APPLICATION FOR PUBLIC HEARING FOR STANDARD R£ZONE- 5/98 PAGE 4 1999 Does the owner of the mabject property own property contiguous to the subject pro; rty? If so, give complete legal description of.entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Lot: Block: Plat Book Page #:~ Metes & Bounds Description: Range: Subdivision: Property I.D.#: Rezone Request: This application is requesting a rezone from the Activity Center zoning district (s) to the c-4 zonirlg district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Storage Facility Evaluation Criteria; Pumuant 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 -5/98 PAGE 2 3 1 99 EXHIBIT "A" Standard Rezone Considerations (LDC Section 2. 7. 2. 5.) 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. 2. The existing land use pattern. The possible creation of 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 for the proposed change. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary). 6. Whether the proposed change will adversely influence living conditions in the neighborhood. NOV 2 3 1999 ..._/F _ 7. Whether the proposed change will create or excessively increase traffic congestion create types of traffic deemed incompatible with surrounding land uses, because of pe~. volumes or projected types of vehicular traffic, including activity during constructi~.,, phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. AC~_~A iT NOV 2 3 L°99 13. ~hether there are substantial reasons why the property cannot be used in accordanc: with existing zoning. 14. }Yhether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. IIJ, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety and welfare. I- AG-F_N~A IICEC~F.3[GUDAT, 199105[Rezone Application.Standard R~o~ Co,idgatio~ 7 ~ 'J NOVn. 0231999 EXHIBIT "A" Standard Rezone Considerations (£DC Section 2. 7.2.5.) 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the future land use map and the elements of the growth management plan. The proposed change will be consistent with the goals, objectives and policies of the Future Land Use Map and the elements oft. he Growth Management Plan. 2. The existing land use pattern. The parcel falls under a commercial activity center. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. N/A 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. The boundaries are logically drawn in relation to existing conditions. Whether changed or changing conditions make the passage of the proposed amendment (rezone necessary). The rezone would make the proposed parcel consistent with the surrounding zoning. 6. Whether the proposed change will adversely influence living conditions in the neighborhood The proposed use of a storage facility would not adversely influence living conditions. 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. Storage facilities do not generate significant traffic volumes. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem. Page 1 of 3 AGF_.N,?,A I 10. 11. 12. 13. 14. 15. 16. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change should not seriously affect property values in the adjacent area. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The .proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The parcel is located within an activity center. Therefore, no special privileges will OCCUl'. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing agricultural zoning is located within an activity center; therefore, the need for rezoning exists. Whether the change suggested i~ out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of the neighborhood or county. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The location is ideal for a storage facility. The neighborhood demands such a use. 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. We propose to limit the zoning to one particular use. The use will be explicitly for a storage facility. Page 2 of 3 NOV 2 3 1999 17. 18. 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 managemem plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. llJ, as amended The impact of a storage facility on Collier County Public Facilities is not significant. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety and welfare. We are limiting our own uses to a single use of a storage facility. This self-limiting use should alleviate these concerns. Page 3 of 3 BCECkENG~DA TA [991051Rezone Application - Standard Rezone Consider, ,tions.~c /71~ NOV 2 3 1§99 Standard Rezone Considerations fLDC Section 2. 7.2.5.) 1. Yg'hether 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. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Yghether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. F/hether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE PAGE AGENDA ITF'M 23 1999 10. 14. 15. 16. 17. Vr3ether the change suggested is out of scale with the needs of the neighborhood or the county. VFhether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The impact of development on the availabili~v of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIJ, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sub_iect 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? lqo 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless othenvise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8¼" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE A~,,L ITE~' NOV 2 3 OF 15 · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as required by Section3.8. of the Land · Development Code (LDC), or a request for waiver if appropriate. Whether or not an ElS is required, two e0pies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant'and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally,. a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE PAG TRAFFIC IMPACT STATEMENT _(TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: ~&LO_]~T.I~Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. ]~,~lLTIsS. LRequired for all other rezone requests. A minor TIS shall include the following: Trip Generation: Annual Average Daily Traffic (at build-out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) Trip Assignment: Within Radius of Development Influence (RD1] Ex/~ting Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). Any proposed improvements (to the site or the external fight-of-way) such as prov/ding or eliminnting an ingress/egress point, or providing turn or decel lanes or other improvements. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shah also include an analysis of the following: 3. 4. 5. 6. Intersection Analysis Background Traffic Future Traffic Through Traffic Planned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE PAGE 9 NOV 2 3 )F 15 TRAFFIC IMPACT STATEMENT .(TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDr) in conformance with the ac, eeptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assi_tmment: Provide a map depicting the arai~ment to the network, of those trips generated by the proposed project. The assi~ment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all link~q within the RDI. The AADT, PSDT, and LOS shill be depicted for all'links within the RDI. Level of Service (!,OS); The LOS of a roadway shall be expressed in tenm of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence _ali)B: The TIS shall cover the least of the following tWO areas: a ) all area as set forth below; or, b ) the area in which tra~c assignments from the proposed project on the major thorouglffares exceeds one percent of the LOS "C". Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 -99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft. 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 1001 /7/'t NOV 2 3 I 99- e e Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VI'H). Back_m'ound Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting f~om potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a mirdmum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadway ImprovemenB: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Pro_iect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing Schedule may be made a condition of any approval. TIS FORM RVB/IUM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 11 >F tNOV 2 3 '""" STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST NAME OF APPLICANT: p~t~r MAIl,lNG ADDRESS: CITY Naples 3295 Fort Charles Drive STATE Florida ZIP 34102 ADDRESS OF SUBJECT PROPERTY (IF AVa, II,ABLE): e LEGAL DESCRIPTION: Section: 14 Township: Lot: Block: Plat Book Page #: 50s Range: 26E Subdivision: Property I.D.#: 417720009 Metes & Bounds Desc~pfion: 14-50-26 S. 1/2 of N. 1/2 of N. 1/2 of SW. 1/4 of SW. 1/4 less W 100ft for R/W TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity). e. SEPTIC SYSTEM [] E] [] [2 TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM. c. FRANCI:rlSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE [] [] [] PAGE 1201 NOV 2 3 I~99- e 10. 11. 12. TOTAL POPULATION TO BE SERVED: 3 PEAK AND AVERAGE DAII.y DEMANDS: A. WATER-PEAK 75o cP~) AVERAGE DAII.Y 3oo B. SEWER-PEAK ~ ~o0 c, PO AVERAGE DAH~Y ~a IF PROPOSING TO BE cONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE ~ DATE SERVICE IS EXPECTED TO BE REQUIRED: January 1, 2000 . 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. 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. STATEMENT OF AVAIl. ABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 13 OF I AG~ NOV 2 3 IB~9 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST TI~S COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQ UIR EMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and Hst identifying Owner(s) and all 1 Partners ff a Corporation x 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 x 5. Conceptual Site Plans 15 x 6. Environmental Impact Statement- (ELS) ~ 4 x 7. Aerial Photograph - (with habitat areas identified) 4 x 8'. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 x 10. Historical & Archaeological Survey or Waiver 4 Application × 11. Copies of State and/or Federal permits 4 x 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners X 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. Agent/Appltant Signature APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE Date PAGE I' AGF_J~A o~ltl.~v 2 3 JUN-II-1999 04:02 J~IN-I 1" 1899 0~0 Pl'] I .~,~. ~,, ~' oa/oe 'go ~4t ~3 tf.4~ P, O1 P. 02 '" od~rll~od ..t# ta~ ~it~o~J M d~m~ Coastal ~n ineering Consultants,, Inc. ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA~ BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 061314 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF RATTLESNAKE- HAMMOCK ROAD (C.R. 864), IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "C-5" HEAVY COMMERCIAL FOR A STORAGE FACILITY; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Blair A. Foley P.E. of Coastal Engineering Consultants, Inc., representing AmeriSite LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "C-5" Heavy Commercial and the Official Zoning Atlas Map Number 061314, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following conditions: Exhibit "B" SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairwoman ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY MAR.~RIE M. ~UDENT ASSISTANT COUNTY ATTORNEY f~R-99-10 REZONE ORDINANCEdFR~ NOV ~}8-1998 16:02 ACTION TITLE I - 941 262 ' Zt,'.~'' ' 00.09?$ OOO??? ~RVIN V. NI~LE~ a,d B~VER~Y 3. MI~KE, husband and ~AY~E D. SMITH. n single man. u.l~. ~....~1~ .....1~... 3906 Ne~canC~ ~e, Naple~, FIe. ~3~42 m;~. fi,IMM.. ~.m,~,~ and ,~li~, ,,.~. d,. ~nJ~. MI tl~t c~n~*; I~nd ~;hw~.in Co1 i~ ~e!xe~ ~_~cm-of~z~ p. Kent and Thcresn N. Kent.' recorded ,o D~ ~1. ~08~, ?e~sTFX~t~ons, ~ese~a~ons and oasenents of FecoFd. (iFil a~P u~fhnl, .....................  ~'r~ I ~nVXN V. NI~L~ and B~RLY J. M~Lgg, ~MwSton~pT~ __ ri husband ~d ~he ' . .,~~.-~.".,,,z'. -' I ~~ ' ! :'~ g~'. .,.- ~.. . , ~' P.02/02 99-10 R-99-10 REZONE CONDITIONS 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, dudng the course of site clearing, excavation or other construction activity, an histodc 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 shall be contacted. 2. An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. 3. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, pdor to Site Development Plan approval. 4. When, in the opinion of the Transportation Services Director, analysis reveals the need for a northbound deceleration lane on CR-951, the petitioner shall bear a fair-share percentage for the required improvements with the other property owners using the canal crossing. 5. The canal crossing shall be improved to all applicable County Land Development Codes and roadway standards pdor to the issuance of any Certificates of Occupancy for any development on the subject property. 6. The permitted uses shall be those of the General Commercial (C-4) district and self- storage (SIC Code 4225). 7. Major structures and parking are not permitted on the eastern 400 feet of the site. EXHIBIT "B" NOV 2 3 EXECUTIVE SUMMARY PETITION NO. PUD 98-13, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING COLLIER DEVELOPMENT CORPORATION, REQUESTING A REZONE FOR LANDS ZONED "A" RURAL AGRICULTURE AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" FOR A NEW 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 111~ 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: 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 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) lying 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. 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 Development Environmental and Engineering staff, and the Transportation ServiceS Department staff. AG E N [~,,~T F.~J No. ~ NOV 2 3 1999 Pa. /' 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. FISCAL IMPACT: At build out based upon authorized uses and planned intensity of development the following revenue stream is estimated. Impact Fees 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 = (b) Bldg. Code Admin. 50,000 sq. ft. x .005 = (c) Micro film (est. 3 permits) = 250.00 250.00 4.50 EMS - 50,000 sq. ft. + 1,000 x $200 (averaged) TOTAL IMPACT FEES 10.000.00 $ 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 permit review fees and utility fees associated with connecting to the County's 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. Impact ;kcs arc cutYently bcing ~c~i¢'~ed lo de',erniinc if adjustmcats mc required to more accurately reflect the impact of particular development on county provided services. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem 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 valorem tax rates. AG E N D/~4,T~I No, ~ NOV 2 3 1999 The above discussion deals with revenue streams. 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 mechanism 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 cannot 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 permitted 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 SERVICES STAFF RECOMMENDATION: Staff with jurisdictional responsibilities for determining consistency with elements of the GMP and provisions of the LDC recommend approval of this petition. Provisions of the PUD regulatory document and master plan were crafted to achieve the recommendations of staff. EAC RECOMMENDATION: This petition was heard by the EAB on October 7, 1998. They unanimously recommended approval. No ~,crson s,?okc in oi~IzOSit;on to ~]ns petitit~n. CCPC RECOMMENDATION: The Collier County Planning commission heard this petition on November 5, 1998. The Planning Commission unanimously recommended approval of Petition PUD-98-13, Collier Tract 21, as described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD document and master plan). NOV 2 1999 CURRENT PLANNING MANAGER ~{ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCEN~I' A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. ~D ENVIRONMENT~ SVCS. DATE DATE DATE PUD-98-I 3 EX SUMMARY/md AG EN O/v,i~'E~ No. __[~/ NOV 2,3 1999 Pg. F -- MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 20, 1998 PETITION NO: PUD-98-13, COLLIER SECTION 21 OWNER/AGENT: Agent: Owner: R. Bruce Anderson Young, vanAssenderp & Vamadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 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. Tamiarni Trail (U.S. 41 N), 111th Avenue North (Immokalee Road) and Vanderbilt Drive. Additionally the property has frontage along Walkerbilt Road a local street. (See location following page) PURPOSE/DESCRIPTION OF PROJECT: The original Beachway PUD (Ordinance No. 94-45) was approved as a residential de consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf¢ . 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. 41 N.) lying 1 ITl aD AG E~ D~J~TF-~ ~o. //~w NOV 2 3 1999 ,elopment ,~ !oursl~amd.. "'~ "~ "~' ' ' I-a-- Ifil IIII III IIIll!lllll IIIIIlllll lift lift fill IIl~ ill Till II Illl fill 0 ::.;~:{}::~:~::~:~:~ '~ ~ ~ -~ ,- ~ ~ ~ '- ~ ' '::: ::". : :-: ::: .... : ' F~ - ================================= JL ' ~~ , ~ ~ /:.~::::.~? ~ ~ :~:~:: :~:~:: ~:~:: ~::~::::: ~ ~:: :~ -~ ~ ~_ - -:: -, ~ ~: :::::::::::::::::::::::::::::::. · :~::~:.::' ~ :_-- ~'_ --:--: --~ -]j ~ ~ · .: :: ::..:.::.y~ : ~. :.: . ~ E~ ~: .~ . --:, t - :: _: z i! ..... : ...... . ....... ~ .- __~_ _- ~ ~ ~ : :::.~ .'::: : --'~, ~ '~-- _: --~_- ::l~J - :: - - ~ ~ :: - :~.. -: [ a-: ~E -- 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. following relationships exist. Essentially the 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 1114 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. No. ~ -- NOV g.3 1999 Pg' 7 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 ~vith 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 111~ 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 111~h 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 111t~ 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~h 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 x~ill gcn.~rate approximalcly 6,xS4 trips per weekday However, the prcposcd peri:ion 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 development influence (RDI). Therefore, the project is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE). AGENDA I~T~V~ ~ No. // ',.L..,/ NOV 2.3 1999 Pg. ~ 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 Managemerg - 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 listed 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 apl by the Planning Commission to the Board of County Commissioners. Each of the p, or considerations identified during the staff review are listed under each of the criteri: 4 royal or cle,rdol -- noted, and ~e NOV 2 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 111~h Avenue North. The potential to widen 111t~ Avenue North beyond four (4) lanes 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 staff's 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 staff's opinion that the use of land as a golf course, and the commercial frontage on the North Tamiarni 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 property lines with the outer ten (10) feet landscaped with mature canopy trees to visual! and we~qt . AGE, NBA ITEM ~mpam.vlew~ NOV 2 3 1999 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 cu~rrent 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 111~h 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 9th 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 Trail (U.S. 41 N.) frontage projects a golf course view. The clubhouse site is 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 commercial development. Commercial development standards will allow building h~ (50) feet. Setbacks from the North Tamiami Trail require a minimum of thirty (30) fee 6 feet Ibr each additional story so that a five 15) story, building would be set back a distance of fifty (50) (Pet. 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 bv the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan. i~SNALD 1~. NiI~)]-AICP CURRENT PLANNING MANAGER · DATE REVIEWED BY: ROBgItT/J. MU~IC~----- VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number PUD-98-13 Staff Report for the November 5, 1998 CCPC meeting. COLLIER COUNTY PEANN~ING COMMISSION: MIC.:~.L/J. BRUET, CHAIRMAN ?UD-9$- 13 STAFF REPORT/md DATE DATE ^G E. D~ ~L~IF~ No. ~ NOV 2 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: 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. 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. FLn_d. jn_gl Do,:uments submitted xvith the application provide evidence of unified control. The PL~ document makes appropriate provisions for continuing operation and maintenance of common areas. e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) the development strategy described by the PUD is structured to be consistent ' ao. .11 with all applicable goals, objectives and policies of the GM None. Con: (i) NOV 2 3 1999 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. 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. expansion. Pro/Con; Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructq wastewater disposal system, potable water supplies, characteristics of t~ relative to hazards, and capacity of roads, is supportive of conditions emat 2 property '~ atin~01~°tff 3 199~ 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 projects. 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. 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. _Fi~_ti_nglTiming or sequence of development in light of concurrency requirements is not a .~i~nificant px'oblcm. Sec finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate ge 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. 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 t~s 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 3 AGEND~ J..T./E J~ No. ~ NOV 2 3 1999 pg. J/'-~ _ 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: 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. Nm'th East - 1'o the north of ti},: p,'opcrty lies adjacent Walkerbitt 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 Properties generally lying east of includes the Walmart Site, office buih n_NOV g 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~ 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- o'f the PUD lies undeveloped land, no~ zoned PUD as The dunes PUD a proposed multiple family development and the cemetery. 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. Whether existing district boundaries are illogically 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. Whether changed or changing conditions make the passage of the proposed am,,,mldmen ~ 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. NOV 2 3 1999 2 e e 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 propose~l 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. 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) 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 a:~ a ,~3ndition of' app~,~.~al t.:. 2. tu,, lanes, traffic sighals, dedications, etc.). In the tinal analysis all projects are subject to the Concurrency Management system. ge 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 at d refi~. _ 15h~E~'7~ of the South Florida Water Management District. NOV 2 3 1999 3 P g._~--~____.--- Con: (i) None. 10. 11. 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. 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. 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 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. Whelhe,: thc proposed <range will i~e a de~erlen~ to the imlprOW.~ment 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 proce reasonable assurance that a change in zoning will not result in a det~ improvement or development of adjacent property. rrenc~° to t NOV g :] 1999 12. 13. 14. 15. 16. Vqhether 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 rclationship because actions consistent with plans are in the public interest. 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. 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. 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. SummaD' 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 ;cz.3~-,i,xg w,',u:d be to ttcn) the propcrt? owner t!,e right to usc 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. 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. 5 Pro/Con: Evaluation not applicable. AGEND I M NOV 2 3 1999 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 Item V.F. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 13~ 1999 NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development PUD-99-19 Harvest for Humanity Harvest for Humanity, Inc. AIM Engineering & Surveying, Inc. Boylan Environmental Consultants, Inc. LOCATION: The subject property is an undeveloped 38.4 acre parcel located at the northeast corner of the intersection of Carson Road and Lake Trafford Road, approximately one miles west of County Road 29 in Section 32, Township 49 South, Range 29 East, in lmmokalee, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are primarily residential with some commercial actively. ZON-ING DESCRIPTION N - PUD - Timber Ridge VR Single Family Village Residential S - R.O.W. A-IVIHO Lake Trafford Road A~obil liom~ Agriculmr~ Undeveloped RSF - 4 R~ick'ntial ROW Caxson Road C-3 ~ MI/ Mobile Homes Agricul'mr~ Undevelol~i PRO,IEC~ DESCRIPTION: The pmiMsed PUD r~zoninS action is invaded to provide for a mixed nn~dential deve~ of 110 resid~tial umu. A co~=y activity cem~ is ~ ti~t win allow project n~d~ts the opporamity to prodnc~ ~ ~ an ~ b~ ~ ~,-4 by ~ sai~ of No. ~ NOV 2 3 1999 FAC Meeting ............................................................................................ October 13, 1999 PUD-99-19 Page 2 V. GROWTH .MANAGEMENT PLAN CONSISTENCY: The subject property ties vothin the Tmmokalee Urbanized area. The Imrnokalee Area ~ Plan further designates the subject property as "high density" residenUal making it possible for a re-zoning action with a density of up to 8 dwelling units per acre. The gross density is considerably less than is otherwise allowed by the Immolate Area Master Plan. The development plan has been evaluated for consistency with other applicable elements of the GIMP. In particular this plan is responsive to the requirement to preserve 25% of viably functioning native vegetation and 60% of its area m open space. VI. ,MAJOR ISSUES: Water Management: The topography of this 38.4 acre Site shows that the land slopes to the west-southwest approximately 2 ~ feet m a quarter mile from EL. 35.90 to EL. 33.40. The water management plan for thiz project consists of a lake at the southwest comes to accommodate water quality retention and peak flow attenuation. Runoff will be limited by County Ordinance and will exit at the southwest comer of the lake. The prOJect Will be reviewed and permitted by the Development Review and Environmental Services Department. A separate lake excavation permit must be obtained. Environmental: Site Description: The subject property is an undeveloped parcel approximately 35.4 acres m stZe. Habitats found on site include pine flat, woods, and a xeric oak commtmity. Currently a conservation easement exists over 11.45 acres of the xeric oak habitat which was historically known to have Florida scrub jays and Gopher tortoise. Them are prohibitions m the easement which were designed specifically to protect the scrub jays on site and shall be adhered to for this PUD. The conservation easement is a part of the PUD document According to the Collier County Soils Map, two sod types ar~ found on the property: Kumokalee Fine Sand is a nearly level poorly drained soil typical of flatwoods. Pomello fine Sand is ~arly level moderately well drained soft typical of low lying ridges within flatwoods. Neither soil types are comiclered wetland m nature. ~ ar~ no juri~ictio~ wetlands located on chis parceL Preservation R~quir~menU: Ia accordatw~ with s~.--tion 3.9.5.5.4 of the Collier County Land Development Code, this project is ~ to preserve 15 percent of the native vegetation on-~. Th~ project aa pro~ms~ will gs~serve 11.45 acrm (32% of the si~), which cun~ntly has a conservation eaaemm~ over it and pax~cts the underb/mg Florida scrub jay/~ tortoise/xeric oak habitat. - NOV 2 3 1999 EAC Meeting ............................................................................................ October 13, 1999 PUD-99-19 Page 3 Listed Species: A listed plant and animal species survey was conducted by Boylan Environmental Consultants, Inc. to determine which state or federally listed species are utilizing the site. The initial survey noted a population of Gopher tortoise on site (20 active burrows and 10 reactive burrows were identified) and the potential for the site to be used by the Florida scrub jay. At the request of County staff, additional surveys were conducted to better determine the use of the site by scrub jays. According to the consultants work, scrub jays were observed on site within the eastern limits of the xeric oak community. They observed a few individuals at times and on other occasions the sightings were of 4 to 5 individuals. The conservation easement places restrictions over the conservation easement, disallowing all construction within the area and allowing only limited pedestrian usage of the pathways through the scrub habitat. VII. RECOMMENDATIONS: Staff recommends approval of Planned Use Development Petition No. PUD-99-19 "Harvest for Humanity" with the following stipulations: Water Management: None Environmental: Add the following language to Section 7.10 ENVIRONMENTAL, of the PUD document, "This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to final Site Plan/Construction Plan approval." Add the following sentence to Section 7.10 ENVIRONMENTAL paragraph A, of the PUD document, "The conservation easement language shall be added to the homeowners document and shall be referenced on the final Site Development Plan/ Plat and Construction Plans." Add the following language to Section 7.10 ENVIRONMENTAL, of the PUD document, "The PUD shall be consistent with the Environmental Sections of the Collier County Land Growth Management Plan Conservation and Coastal Management Element and the Colher County Land Development Code at the time of final development order approval. Delete Section 7.10 ENVIRONMENTAL paragraph B in the PUD document. Delete Section 7.10 ENVIRONMENTAL paragraph C in the PUD document. PKEPAKED BY: BARBARA S. BURGESON SENIOR ENVIRONMENTAL SPECIALIST DATE ------'---'~,~T~ ~o ~ 2 999 F_..AC Meeti~ ............................................................................................October 1:3, 1999 PUD-99-19 Page 4 SENIOR. ENGINEER DATE REVIEWED BY: BSB/gdhYc:Harvest for Hum~ity St~ff Report q q DATE !Oot. ci~i DATE -- AG END.~ ~E~., NO. ~ NOV 2 3 1999 £TITION NUMBER DATE RECEIVED APPLICATION FOR PUBLIC HEARING FoP, AU{] I 9 1998 STANDARD REZONE AND CONDITIONAL USE REOUEST~ , PLANNED UNIT DEVELOPMENT REQUESTS ~LAN,,I/NG S~RVICE~ COMM-C T¥ D .VELOPMENT AND ENVmONM TAL SEP. VrC S reVISION CURRENT PLANNING Name of Applicant(s) Collier Development Corporation Applicant's Mailing Ad&ess 3003 North Tamiam.i Trail, Suite 400 City Naples State Florida Applicant's Telephone Number: Bus.: 941/26i-4455 Fax.: Is the applicant the owner of the subject property? X Zip 34103 941/263-4437 Yes No ~ (a) If applicant is a land trust, so indicate and name beneficiaries below. *X Cb) (d) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. 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 owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. *See Attached list of officers and shareholders and copy of deed. (If space is inadequate, attach on separate page.) 2. Name of Agent George L. Vamadoe, Esq. Firm Young, van Assenderp & Varnadoe, P.A. Agent's Mailing Ad&ess 801 Laurel Oak Drive, Suite 300 City__N..~_pJ~s__ ............. State ..... F_l.9_odd a Zip _. Agent's Telephone Number: Bus.: 941/597-2814 Fax.: 941/597-1060 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 four (4) copies of survey (1" to 400' scale). No. II~'~'' 1 NOV2 3 1999 THE APPLICANT IS RESPON. 3LE FOR SUPPLYING THE COR_,~CT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. ECTION 2 l TOWNSHIP See at'tached Exhibit. legal description. 48 South RANGE 25 East Size of property ±5280 ft. X ±2500 ft. Acres ±267.44 Address or location of subject property Is between U.S. 41 on the eastern border and Vanderbilt Drive on the xvestem border, lying north of 1110` Avenue, and south of the Cocohatchee River. Existing land elevation: 0 - 10 feet County Flood Criteria Elevation: 12 feet 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: 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). Yes, in addition to portions of the Collier Tract 22 Planned Unit Development 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. THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): X REZONING: PRESENT ZONING PUD & Agricultural REQUESTED ZONING. PUD FOR Golf course and commercial PROVISIONAL USE OF ZONING FOR 10. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): This petition.proposes a decrease in density, intensity 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 ±13.3 to ±3.4 acres and has been reconfigured and moved fi.om 111~' Avenue to front on U.S. 41 adiacent to developed commercial zoning on two sides. 1 I. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? YES X NO IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? No SERVED? IF SO, TO WHOM WAS THE NOTICE 13. 14. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No ARE THERE EXISTING STRUCTURES ON THE PROPERTY? TYPE: CBS . ..., FRAME , MOBILE HOME 2 No OTI- R -- AG E N D~ ,I.~E~2,~ NOV g 3 1999 AFFIDAVIT I, Jeffrey M. Birr being first duly sworn, depose and say that I am Vice-President of Collier Development Corporation, the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and tree 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 in', Vice President YOUNG, van ASSENDERP & VARNADOE /X George L. Vamadoe - State of Florida County of Collier ~ The foregoing Application by ~ I)T.I'~i'-V"j ¥.'P. SEAL was acknowledged before me this day of ~:~u.'~¢ _, , who is personally known to me.or ,.,.u~ ....... u ..... v ..... '~ .... ,.,.,~ ~ idcnt:~ca'd~ ~d who did (~id not) ~e ~ qa~. ~ _  (Si~e ofNo~ ~blic)~~ ~t Nme of No~ Public) NOTARY Pt~I,,C ~~ Se~Co~ssion ~ ~ ~ My Comssion Expkes: [qq%, G:\US~ANA\Wp$~ ECTION.21W,.EZONE.APP.wpd(4/! 7~$) 3 AGEND~TE~ No. /'/ gp NOV 2 3 1999 I. (b) as follows: Collier Development Corporation's Officers as follows: Miles C. Collier, President Thomas J. Flood, Vice President Jeffrey M. Birr, Vice President Terry L. Flora, Vice President / Secretary Michael O. Taylor, Vice President Shareholders are as follo~vs: Miles C. Collier Barron G. Collier II Trust Inglis U. Collier Trust Collier Business Trust · 1. (d) Owner is Collier Development Corporation. OR Book 31, page 118, Collier County, FL, title deed for subject property. SEE COPY ATTACHED Contiguous property to the subject property: Folio Tax I.D. 00154760005 Owner: Collier Development Corporation by OR Book 256, page 499, Collier County, FL. Legal Description: · A p'arcel of land lying in Section 16, ~ownship 48 .South, Range 25 East, Collier County, Florida, described as follows: Commencing at the Southwest corner of said · Section 16, run N 89~33'45" E along the South line of said Section, for 1197.99 feet, to the Point of Begin- ning, said point being 1549.39 feet Westerly of the South Quarter corner of said Section, said point also being the begir~ning point of Bulkhead l~ne No. 4, according to the Bulkhead Line Plat as recorded in Bulkhead Line Plat Book 1, Page 15, of the Public Pecor~ Of .4 ~ ~ . · .o le_ County, F!ccida; thence run ~he . following courses along said Bulkhead line N W, for 340.08 feet, to a point of curvature, thence ~81.13 feet along the arc of a curve', concave to t-he Southwest, having a radius of 270.00 feet, and subtended by a chord having a bearing of N 7.7'33'37.5" W, and a length of 350.27 feet, to a point of tangency; thence run S 62"00'00" W, for 348.13 feet to a point of curva- ture; and thence 221.16 feet along t_he arc of a curve, ' conc&ve to the southeast, having a radius of 127.84 fe'et, and subtended by a chord, having a bearing of S 12°26'22.5" W and a length of 194.59 feet, to a point, said point being the end point of said Bulkhe Line'No. 4; thence rum N 89~.33'45" ~-, along the line of said Section 16, for 896.61 feet, to the Poi: of B~ginning, said parcel containing 5.58 acres. it NOV 2:3 1999 V 18923 Collier, Jr. and ~lles Collier of the City cf Eve~'~;l~e~, Collier County, State of Florida (hereinafter called t~e Jrantor~), Joined by Barbara ~. Collier, wife of Barren Collier. Jr.. ~,d Isabel U. Collier, wife of ~tles Collier, (hereinafter called t:,e ~ves of the Grantors) to Collier Development Corporatica, a corporation, having an office and place of busiaes~ a[ EverElades, ~lortda [hereina~ter called the Orantee). w I TNES S E T H: The Gran~ors and the wives of the Or~ntors ~.~t, convey and ~ransfer to the Grantee, ~s successors an~ ~ssi~a, the following described lands situate, lying and bein~ Collier County, State of Florid., follo~ln~ Lots In the City of Naples accordinE to the Plat ~he~of recorded i~ plat book 1, Pa~e 8 of the Public Records of ~llier Co~t~, ~~ TIER ll 8 17 2 17 3 19 3 19 5 19 6 21 4 Zl 6 21 ? AG E N D A/,~,T/E~,~ NC,, ~ NOV ~ 3 1999 1_8923 City of Naples - continued: BLOCK TIER LOTS, 23 3 11, 12, 21 ~nd 22 23 5 11 and 12 23 6 6, 21 ~nd 22 I~ the Ocean View Add, lion to the To~n cC ;,rp~,:~, accordS, ri& to' Plat filed in ?lat Bool~ l, Page 3 of the Publlc ~ie~'ords o~~ ~oll'ler County Florida, the following: Lots 1 thro~gn 22, bott. ~ncluslve of Block l; [~ots 3 a~d 4 o£ Block 3; Lots ~. ~r.:'o,J,~h 14, ooth ~nclusive of Block 5. Tovnshlp ~0 South Range 2~ East Section 1 North Half (N~) of North East Quarter (NE~-); ~est ~i01£ (W~) ~f North Vest Quarter (NW~) of North Wes~ Quarter (NW~); North ~est Quarter (~ of Southvest Qumrter (SW.~-) of Northwest Q~ortep (NW~); Sout~ Half ($~) of the Northeast Quarter (NE¼) of t~e Northwest Quarter (NW~) sod the Northeast ~uarter (NE~) of the Northeas~ Quarter (NE~) of the Northvest Quarter (NW~). ~ownship ~0 South Range 25 East Section ~Town of Napl South Half ($~) of Gov,t. Lot 1; Gov't. Lot 2 excep~ the West 20 acres Gov't. Lot 5 except West 20 acres; Gov'~. Lots 6, v ~nd 10, except Highway right-of-way in 10; Gov't. Lot 9, axe.pt ~nst 40 acres. All Gov't. Lot 8, lying East ~f Naples Tg~nship ~0 South Range 2~ Eas~ Fractions! East Half (E})0 except Gov't. Lo~s 1, 2, a~d ~. (Includes Oov't. Lots 4, ~ 6, and - 2 - A G ~. N o~l~ ~ No. ~ NOV ?ownship.50 South Ran.~e 25 East Section 11 Southwest Quarter (SW~) of Northeast Quarter (NE~) of Northwest ~uarter (~) except that portion lyin8 South of U. S. Hl~way 41; Southeast ~uarter (SE~) of Southwest Quarter (SW~) of Northwest ~uarter (F~%); Northeast Quarter (~) of ~ortheast %uarter (NE~) of Southwest Quoter (SW~); West Half (W~) of Northeast Quarter (NE~) of Southwest ~uarter (SW~); East Half (E~) of Nortr~west Quarter (~) of Southwest ~uarter (SW~); Southwest Quarter (SW~) of Southwest ~u~ter (SW{); Southwest Quarter (SW{) of Northwest Qua/ret (~) of ~outhwest Quoter (SW~.); West Half (W}) of Southeas~ Quarter (BE{) of Southwest Qu~ter'(Sw~); Lots 4 and 5 of Bloc~< ~ o:' [r~o,nah Subdivision as recorded In Plat Book 2 on Page 82 of %~,e Fublic :{ecords of Collier County, Florida. Township 50 South Range 2;~ East Sectl~r, All lying South and ,~c~t oZ' U. S. Highway ~1. Township ~0 Sou,~h RanEe 25 Ees~ Ail lying South and ~'e~t of U. S. H[~nwa~., ~1 cxcept ,,est Hal£ (W~) of ~est Half (W~) of Township ~O South Range 25 EOst Sectlo', 1.~ Northeast Quarter (~;E~) of Southwest Quarter (SW~); Jest Hal/' (W~) of Northwest Quarter (NW~); Southeast Q.~aruer (SE;) o~' Iiorthwest Quarter (N~); Northwest Quarter (NW~) of Northeast Quarter (~%) of Northwea~ ~uarter (~); Lots 55, 56, ~ 58, 59 and 116 of Naples Grove Truck ~any Little Fa~a ~. Township ~O,.Sou.~ ~ange E5 East Section l~(Town .of Oov,t. Lots 1 and 2; That portion of gov't. Lot 3 lying East of Boat ~.~nnel; Gov't. Lot 6 ~xcep: thc E~C Half (E~) of :ne Sou~.neest ~u~rter (SE~) of the Southeast Quarter (SE.~) AG E N DA IY.~IV~D,,. No. [/~..--P NOV 2 3 1999 Township 50 South Ranie 25 East Section 22(Town of Naolee~ Gov't.Lot 1; Gov,t.Lot 2, except that portion deed to J. G. $~mple May ~3, 1949, by Collier Corporation; Gov,t. Lot 3, except Northeast ~uarter(NE~) of Southeast Quarter (SE~) of Northeast Quarter (NE$); Gov,t. Lot 8, except T. E. '~alton 10 acres. Township ~O. South Range 25 East Section 23 West Half (W~) except North Half (N~) of Southwest Quarter (SW~) of Northwest ~uarter (N~). Lot 60 of Naples G~ove and Tru~k Comp~ny,a Little Farms N~ber' 2 according to Plat recorded in Plat Book 1, Page 27 of the Public 'Records of Collier County, Florida. Township ~0 South All Range 25 East Section 21~ Township 50 South &ll ~an~e 2~ East Section To, nship ~0 South Gov,t. Lots 2 and 7 Range 2~ East ~ectlon 27(To~n of Naples) Township ~2 South H~ng-e 27 East Section 18 Gov't. Lot 14 except Auxiliary Lots 3 and 4 thereof and except oil, gee and mineral rights and excepting the Goodland Heights Subdivision according to the Plat thereof as recorded in Plat Book 1, Page 85 of the Public Records of Collier County. ~ownahip ~6 South Range ~8-Eaet Section 26 The W, at ~"nree Quarters (! 3~) of the South,est Quarter (S~) of ~outhe~ate,~u~rter (S~. T__qo~~6_ South R.n~2~ ga~t Southeast quarter (SE~) fractional. NOV ,~ ~1 1999 Township 46 South :{an~e 28 East Section 35 The South Half (S~) fractional. Township 46 South Range 28 East Section ~ The Southwest Quarter (SW~) of the Northwest Quarter excepting Highway right-of-way. Townsh!o k6 South Range 29 East Section 8 The South Half {S~) except Highway right-of-way. Township 46 South. R~,r~e 29 East Section 17 All except Highway right-of-way. Township k6 South Range 2~_~ast Section 20 The South Half ($}) except Highway ~ght-of-way. ~ownshl~6 South Range a9 East Section 28 All except Newmarket Subdivision and Highway right-of-way. o. sn, 46 sout Seot!o All except Highway right-of-way. Townehlp 46 South Mange 2~ East Section 31 The Northwest Quarter (h~) and the South Half (S½) of the Northeast Quarter (NE¼) excepting oil rights to South Half iS~) of Northeast Quar:er (NE~) reserved to previous own. ere. ~ownship 4~ South Ranse ap. East Section ~2 The Southwest Quarter (SW~) 9£ the Southwest Quarter (Sw%} of the Northeast ~uarter (NE~) and the $outheagt Quarter (tE~) of the Sou~h- east ~uarter (SE¼) of the Northwest Quarter (NW~) excepting Highway rlght-of-~ay. NOV g 8 1999 Townsnlo h6 South Range 29 past Section 3] The North Half (N}) and Southeast Quarter (SE¼) excepting that portion included in the Newma~ke~ Subdivision at Immokalee, Collier County, Florida as recorded in Plat Book 1 on Pages 104 and !05 of the Public Records oi' Collier County. ~ownship ~6 South Range ~9 East Section ~ All except A.C.L. right-of-~ay and except that portion as described in Deed of date April 27, 1943 from Collier Corporation to U. S. Government as described in Deed Book 1 on Page !16 of ti~e Public Records of Collier County and except that portion included in the Newmarket Subdivision at Immokalee, ~ollier County, Florida as recorded ln plat Book I on Pages 104 and 105 of the ~ublic ~ccords o! Collier County and except that land described in Deed of dart July 3, 1951 from Collier Corporation to State Agricultural !4arketi~g Boa: Township 47 South ~ Section ~,, The East Half (E~) of the Northwest Quarter (NW~) lying east of Newmarket Subdivision and East of A.C.L. Railroad O~ght-of-way and being West of ditch, excepting land described in Deed of date Februa~ 8, 1951 to Wright Pu~p Company and excepting land described in Deed dated July 3, 1951 to State of Florida A~ir!cultural ;.~arketlng Board. The East Half (E~) of Northeast Quart6r (NE~) of South,east Quarter(SE of Southwest Quarter (SW~); ~ortheast ~uarter (NE,)of Southwest ~uarter (SW~) South of A.C.L. right-of-way excepting that land described in Dead of date :,iarch 15, 1951 from Collier Corporation to A.C.L.Rallroad; Southeast Quarter (SE%) Sou~h of A.C.L. right-of-way; East Half (E~) of Southeast Quarter (SE~) ~ortn of A.C.L. rl~ht-cfowa and South of State Highway nu~mber 29; Southeast Quarter (SE~) North c Highway 29 excepting Highway rlght-of,~ay for State Road 8~6 and ex- cepting 3.21 acres described in Deed Book 17 Page 380 of the Public Records of Collier Coun.ty. - 6 -- -- AGEND~,J~FE,~ NOV 2 3 1999 Township k7 South Range 29 East_ Section k Lots 1 t~oug~ 6, and 14 through 16, both inclusive of Bloc~ 1 of Fred ~hidden's Subdivision according to Plat ther.,of recorded in PiEt Book Page 36 of the Public Records of Col]Jier County, Florida To,nshlp h, 7 South its,n? 29 East Sec___~tLon ~ ~outhwest Quarter(SW~) of Northeast Quarter(NE~}; Sout~,.~.~t Quarter(SE~). TownshiR47 South Range 2~ East Section 0 All except the North Half (N-,~) of the North Half (N~) of th& Northeast Qua,rter(NE¼) of the Northeast Quarter (NE~) and except the Soutt: Half(S~) of the Northwest Qu~r~ter(NW~) of the Northeast Quarter (NE~) of the Northeast Quarter (NE¼). Township k7 South Range 29 Ess_t_ Section !1 Ail except A.C.L. Right-of-way and except Northwest Quarter(N~),of Southwest Quarter (gW~) of Northwest Quarter (N~). To~wnship~2 South Range 29 East Section 2~ South Ha~ (~}) except U.S. Hi.way ~ and State Hoad 29 and canal ~d A.C.L. Rl~ta-'of-way. To.ship ~8, South Ra~e 25 Eas~. Section 21 Ail except the Lloyd Ruby p~oel aa recorded in Deed Book 22, Page 317 of the Public Records of Collier County, Florida. Township ~8 Sou~ ~ East Section 22 Ail except Northeast Quarter (~) of Southeast Quarter (SE~) and except A.C.L. Ri~t-of-eay and except ~est Half (W~) of Southwest Quarter (~) t Northwest Quarter (NW~) and except '~est S0 feet of East Half(E~) of South- west Quarter (SW~) of Northeest Q~rter (NW~) lying SOUth of Horse Creek, sad except Ri~t-of-way to Florida Power & Light Co. by Doed dated A~ust 24, 1953. excopt All except A.C.L.R~ght-of-~ay, and/Florid~ rowcr '.~ L~,~,."t ~o. rIg~t/of/~ay by Dced dated August ~.~953. ~ownahlp ~8 South Range 25 East Section ~ Ail fractio~l lying North of Vanderbilt Beucn ixoad except that land described im Deed of date November 23,1948 from Collier Corporaglo~ to J. W. Conner and ~on. - ?- Township [~B South Ran qe 25 East c ,- All lying North of the Vanderbllt Beach i{oad except North HalF(N~) of North Half {N~). ~own~h. ip kB South Range 25 Eas~ Section 34 All except k.G.L, rlEht-of-waY, and except rl~nt-o£-way to Florida Powe LIEbt Company by Deed dated August Township 49 South Range 25 East Section Ail except A.O.5. right-of-way, ahd'except right-of-way to Florida Power & Light Company by deed dated August 24, 1953. Township 4~ South Ban~e, 2~ Eas~ Section 10 Ail East of A.C.L. right-or-"ay excepcin~ Right-of-way to Florida Power and Light Company by Deed dated Aucust 24, 1953. ~ownship 49 South ~ange 2~ East Secticn Southeas~ Quarter (SE~) of Nsrtheast Quarter (NE~); ~io,'~neas~ Quarter (NE¼) of Southeast Quarter (SE~) East of ~ordons River; Northeast Quarter (NE~) of Southeast Quarter (SE~) of Southeast Quarter East Half (E~) of Southwest Quarter (SW~)'of Sottheest Quarter ~est Half (W~) of Southeast Quarter (SE~) of Southeast Quarter (SE~). ~own~hip 49 South ~a~ge 25 East ~tion 35 ~or~h~alf~(N~) an~ that portion of land of the South Hal£ (S~) lylngEaat of the West line of Railroad rid~ht-of-way and Station G~'oun~ Township 49 South Range 2~ Eas~ Sect..____J.lon 3~ All except the South Half (S}) of Southwest Qua. tier (SW~) of the Southwest ~uarter (aW}) of S6u~hweat Quarter (SW~); Southeast (SE~} of Southwest ~uarter (SW~} of Southwest Quarter (SW¼). Township 50 South All -8- A G E N D,~.~T E~, NOV 3 3 1999 Five parcels of lands on Chokolos~ee ~s!and rurticule, rly describe as follows: 1. Commencing at an iron pipe monument on the Soutnwos~ side of Chokoloskee Island on the shoreline Three hundred forty-three"feet Northwesterly from wne:'e the East boundary linc of Lot n~bered Ten of Sm~llwood's Division of that p~r~ of Cno~ulosk(,e ,~l~nd in Section Thirty-six, Township ~"Ifty-three Sout.~, .~ange '~onty-nine East, Tall~assee ~eridian, reaches Chokoloskoe Jay; thence i;~rtn, Fifty-fo~ degrees East, Four Hundred seventy three feet to a ~u:,:bolimbo Post men.eat on ~e South boundary of a Thirty-three foot roadway; thence Northwesterly, along the South boundary of said read.ay, Five fifty-five feet to an iron pipe monument on the Bay =noreline on the Northwest side of Chokoloskee Island; ~hence Southwesterly ~long Bay Shoreline Eighty-two feet to a point of Chokoloskee Island; thence ~outheasterly along Bay shoreline of Chokolos;(ee island, Three ninety-six feet to the point of beginning; The Pint. above mentioned Lot n~bered Ten being recorded In Pla~ geck One at Page Twenty-- of Collier County, Florida, Fublic i(ocords. (Toget~:,~r ~ith all riparian ri~ts.) 2. A part of Chokoloskee Island .',!thin t~e :~ortnwest Quarte~ (NW$) of the Southwest Quarter (SW~) of Section 31, Township 53 South, Ra~e 30 East, described as beginning at tile Southwest corner of LOt Five (5) of 8mallwood's Subdivision, Plat [~ook i, Page 20, in Section 31, thence Ernst 18~ feet to ~ edge of Cnokolos~ee Bay; Thence South- west along edge of Bay 154 f~et, thence Hor~nwesterly to point of beginning; ~so Lot ~ber 5 of Choko~oskee, being in West of Northwest ~uarter (NW~) of Section 31, Township 53 Sou~h, R~g$ East, according to the ~ap o~ Plat of said Chokoloskee on file recorded in the office of the Clerk of the Circuit Court of Lee County Florida, la Plat Book 1, Page 20, excepting therefrom the to-witt Beginnl~ at the Southwest corner of said Lot 5, thence ~aat 182 fee~ to the edge of Chokoloekee Bay, thence -9- along the edge of salci !~,ay 24J~ fe.t tc pein% of te,jl,~nlnE, %hence Northeasterly along ssi : Oay i00 feet, tn~.nce ;~ortnwesterly 90 feet, thence Southwesterly 112 feet, thence Southe~:;terly ~)O feet to the point of beginning, i'n,'etner with all riparian rizn~s. 3. From a sCaa~ on tho ~lort.¥1wCst s:~oro II,Ia o! Chokolosffee Island nine feet Southwesterly from t~%e East boundary of ~ange 29, Township 53 South reaches Chokoloskee Bey, run Southwesterly along th Northwest shore ll~e of Ch°koloskee island 259 feet to a stake at the Northwesterly conner of Loren O. Brown's Lot as described in Deed Book 10, Page 429 of the Public Records of Collier County, Florida, for a point of beginning of the land hereby described; ~ence run Southeasterly along the Westerly llne of Loren G. Brown's Lot 100 fee to the Southwesterly corner thereof; thence run Northeasterl~ ~omg Southeasterly line of said Loren G. Brown's Lot 50 fee~ to the South- easterly corner thereof In the Westerly line of Robert Thompson'a Lot thence run Southeasterly along the ~esterly llne of said Lot of Rober' Thompson 213.3 feet; thence run at right angles to said line Southwesterly direction i55 feet ~o the ~o.~h~ster~y corner of the Lot herein described, thence run in e North]westerly d~rection, parall~ with the Westerly line of Hobart Thompson's Lot 313.3 feet shore llne of Chokoloskee Bay, thence mea,~dering ina ~orth~esterly direction along the shore llne of Cho~'olos~ee 5ay 10~ feet %o the Northwesterly corner of Lores. O. Brown's Lot which Is the point of beglnnl~ of the land herein described, contalninC one acre and being a part of Lot 1 of Smallwood's Subdivision of the E~ of Norths east Q~rter (NE~) of Section 36, Town,hip 53 South, 3~,~e 29 East, as said subdivision ~ recorded in Plat Book ~, Pa~$e 27 of Coll[er County Records. Together with all r~parian rifts. - 10 - NOV 2 3 1999 From a stake on the Northwest shore line of Chokoloskee Island nfne feet Southwesterly from East boundary of Range Township ~3 SoutH, reaches Chokolo~kee Bay, run ~outh'~esterly ~lon~ ~he Northwest Snore line of Chokoloskee ~sland 209 feet to a st~ke ~t the ~;orth~ester!y co~ner of ~o~:rt Thoml,3on's ~ot, for a point of beg[nnLn~ of the land heruln ,Je:~crlb.d; t~,ence run Southeasterly along t~e Westerly line of ~ooert Lot 100 feet, thence at right angles Southwesterly ~0 fee~, thence Northwesterly, parallel to the ~esterly line of }~oo.rL T~o:~pson's Lot !00 feet to ~h~ Northwesterly shore llne of Chokoioskee Island, thence Northeasterly alone the meander line of Uhokolos~ee 8ay to the point of beginning of the l~nd nerein 0escrlsed~ ~o- gerber ~lth ~11 riparian rights, being ~rt of Lot I of Small- · ood's Subdivision of East Half (E~) of Northeast Quarter (NE~ of Section 36, Township ~3 South, RenEe 29 East. 5- Co~encinE et e st~ke on the Northwest s~ore of Chokoloskee nine feet Southwesterly from ~here the East boundery of ]{anEe 29, 53 reaches $bokoloskee B~y,thence run Southwesterly ~long the North~eat sbor~ of Chokoloskee island ~09 feet to ~ sta~e,thence Southe~sterl~ ~1' feet to ~ stYe,thence Nosthe~sterly 24 feet to the ~{an~e Li~e,the~ca continue Northeasterly 185 feet to a ~akc,thence Northwesterly 417 ~eet to the point of beginnin~, contsinin~ t~o acres more or less and being · part of Lot 1 of Small~ood's Subdivision of the ~est ?~alf(W~)of the Northwest Qu~ter(~%)of Sect'i~ 31 in Township 53 ~outh,Rsn~le 30 E~st, · nd a part of Lot 1 of Small~o~d's Subdivision of tr, e E~st half(E~) of the Northeast Quarter(~,F~of Section 35 in Township 53 South,Range 29 East. ~oEether ~i~ any and ali buildings situate t~ereon. TOG~H~ ~lth ~y and all right, ~ltle and interest of t~e Gr~ntor~ and the ~i~es of the Srsntors in and to ~ny and all buildings and impro~ me.ts on or to said lands, and any and ~11 fixt~es ~nd personal proper~ o~ ~d used in connection ~ith said lands~ Together ~ith all and sinE. st, the tenements,heredit~ots · pp~te~ncea the~nto belonging or in any ~ise ap~ rtai~lnE,~d the eat~ta,rl~t,title,interest,dc~er ano ri~t of d~ property, poasession,cl~im and de.nd ~stsoever, as ~el~°i~- - 1999 equity, of the Grantors and the wives of the Grantors, of, in and to the same and every part and parcel thereof -£th the appurtenances; TO HAVE AND TO HOLD the aoove granted, bargained and described premises, with the appurtenaaces, unto the Grantee, its successors and assigns, to its own proper use, benefit and behoof forever. II~ WITNESS ~EREOF, the Grantors and the wive~ of the Orentors have hereunto set their hands and s,,als tile day and year .first above.written. Signed, aealed and delivered in the_preseace of us: ' - 12 - STATE OF FLORIDA CO~fY OF COLLi~ I hereby certify that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Barton Collier, Jr., Miles Collier, Isabel U. Collier and Barbara M. Collier, to me known to be the persons described in and who executed the foregoing deed a~d they severally acknowledced to me that they ex~cuted the same. IN t~ITN~ '~"~EOF, ! have hereunto set my hand and affixed my official seal th!~ 15th day of October, !953, STATE OF FLORIDA. COUNTY 0g C0~.~.IEE Filed £or t..ecord this ...... 3--1. ...... day Of Dec ~ q3 ~- Deed ~ok 31 P,~e ~i~ .... anJ ..ecord Vet%fled.- .... : ....... . .( ~ ;' .~ , · ;::'.' . . , ... '~. /, NOV g $1999 2 4 6 7 $ 9 !0 i1 13 14 15 16 17 18 19 2O 2! 23 25 27 28 29 30 33 34 35 36 37 38 4O 41 42 43 45 46 ~ P Z _-.';ANCE :;0. .~.,~,~''? CRD!i;ANCE :-.}-!Ei:Z!NG ,;RDINANCE ', ...... r'MP=: Pi-!22 -2i{E l'S. 2l i ER ........ ' ~V~ ~PME~'m 10DE iNCLUDES THE .... - ..... ~ --~ ....... THE UNINCORPiPAiED =.R~A ~.. COLLIER COUNTY, BY AMENDING iHE OFFICIAL ZONING ATLAS :'~.P NUMBER 852!N AND 8521S; 5Y CHANGING THE ~-~:G CLASSIFICATION CF THE HEREIN ~- ~mS~.,i~m~ REAL PROPERTY FRCM ..... =. RURAL AGRICULTURE TO "PUD" AND "PUD" TO "PUB" ~LANNED UNIT DEVELOPMENT KNOWN AS COLLIER T~CT 2', FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND AZCESSORY AND INC~Dm.:~.~ FACiLiTIES ......... '~G A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON PROPERTY LOCATE2 BETWEEN U.S. 41 ON THE EAST AND ...... ~_NG NORTH CF 111TM VANDERBILT ~mz'.'z 2N THE WEST, AVENUE AND SOUTH 3F THE COCCHATCHEE RIVER, iN am .... N 21~ TOWNSHIP 68 SOUTH, ~.NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+ ACRES; PROVIEING FOR THE REPEAL OF ORDINANCE NUMBER 90-4~; AND BY PROVIDING AN --=-~'~- DATE WHEREAS, z. zruce Anaerscn of Young, van Assenaer? '/arnadoe, P.A., represenuing Collier Deve!cemen~ Corporation, pe~icioneo ~he Board cf Ccunuy Commissioners us change the zoning c!assifica~ion of the herein described real propersy; NOW, THEREFORE BE iT ORDAINED by the Boar~ cf County lo~missioners of Collier icunty, Florida: .!'i SCi'ii: The zoning c!asslf!zelzsn of Yhe herein iescrlzed real proper~y loca~ed in aeolian 21, Township 48 Sou~h, ?anco 25 East, isllzer County, Florida, is changed from "A" Rural A~ricu!~ure "PUD" and "PUD" to "PUB" Planned Unit Developmen~ in accordance with the Collier Trac~ 21, formerly Beachway PUD Document, a~ached hereto as Exhihi~ "A" and incorporated by reference herein. The Official Zcninc Atlas Map Number 8521N and 8521S, as ~cri~ea__ ~:i C..dlnance :;umzer q',~-i02, ~e Collier Ccan~y Lan! Development Code, are here~y amended accordingly. SECTION TWO: Ordinance Number 90-45, known as Beachway adopsed on June 5, !990 by the Board of Ccun5v Commissioners cf Collier County, is hereby repeaieo ~n zn£ enu!rety. -1- AGENDA, I~i~ ~3 NOV 3 1999 6 9 !1 12 13 14 15 16 17 ~8 19 2O 21 22 23 24 25 26 27 28 29 ~ %rdinance -~-'~ ~eccme effec%sve "Dc'- -'' ' leparzmen% cf PASSED AND iULi ADCPTEi by ~ne 5care cf 2zun~y ism~issi©ners of Collier Counsy, F!orioa, lhls lay cf , 1999. 50ARE CF ~UNT. SCMM!SSIONERS COLLIER CCUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, -ierk BY: PAMELA g MAC'W~= CHAIRWOMAN Aeorovea as to Ecrm Legal £ufficzency va~- cD~-e ,','~ Stu~en-. Assistan~ CounBy ABtorney AGEND~,~ NO. / NOV 2 1999 COLLIER TRACT 21 A PLANNED UNIT DEVELOPMENT PREPARED BY: YOUNG, 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: NOV 8 8 1999 / TABLE OF CONTENTS SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL GOLF COURSE AND LAKES RESERVE GENERAL DEVELOPMENT COMMITMENTS EXHIBIT "A" PUD MASTER PLAN NOV 2 ~ 1999 I~ g .~-,-,----' SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property., and to describe the existing conditions of the property proposed to be developed under the project name of 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 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 00009'30'' EAST FOR A DISTANCE OF ! 00.c~0 FEFT TO AN INTERSECT!ON WITI4 A L!NE 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 DESCRIBED 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 01032'23" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 440.86 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 88027'37" 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 01032'23'' 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 - AG E~I DA JI.J~iMt No. NOV 2 3 1999 EASTERLY LINE OF THE WEST ONE-HALF (W1/2) OF THE SAID SOUTHWEST QUARTER (SW1/4) OF SECTION 21; THENCE NORTH 01052'47'' x,x~qEST 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 (N1/2) OF THE SOUTH ONE-HALF (81/2) OF THE NORTHWEST QUARTER (NWl/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 SEC~ON 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 89033'45'' 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 BOOK 1, 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 157043'50' 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 1084.44 FEET TO A POINT OF TANGENCY; TI-IENCE 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; T.r~ENCE SOU2 H 00°39'10" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 1066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; TItENCE NORTH 89020'50'' 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; ~~ NO. ~ 2 NOV 2 3 1999 P,. "/4 THENCE NORTH 89°20'50'' EAST ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 600.21 FEET; TttENCE NORTtt 89021'48'. 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 COUNTY, FLORIDA; THENCE SOUTH 00043'07'' 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 00o43'07'' EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 505.65 FEET; THENCE LEAVING SAID WESTERLY LI:NE 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 62o55'02'' FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE SOUTH 00009'30'' WEST FOR A DISTANCE OF 631.93 FEET; THENCE NORTH 89050'30'' WEST FOR A DISTANCE OF 154.92 FEET; THENCE SOUTH 00009'30'' WEST FOR A DISTANCE OF 5.00 FEET; THENCE NORTH 89050'30'' WEST FOR A DISTANCE OF 801.92 FEET; THENCE SOUTH 00o42'02'' 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 Tile SOUTHEAST QUARIER (SE 1/4) OF SAID SECTION 21; THENCE SOUTH 89°50'41" WEST ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 00o40'47'' WEST FOR A DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF WALKERBILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 2; NOV 2 3 1999 THENCE SOUTH 89°21'48" ',VEST 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 00o40'47'' WEST ALONG 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 RESTRICTIONS 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 89050'30'' 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, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 1; THENCE NORTH 89050'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 401.04 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 00o42'02" WEST FOR A DISTANCE OF 1210.87 FEET; TH]ENCE SOUTH 89o50'30'' EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTH 00o09'30'' EAST FOR A DISTANCE OF 5.00 FEET; THENCE SOUTH 89o50'30'' EAST FOR A DISTANCE OF 154.92 FEET; THENCE NORTH 00009'30'' EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT 4 BEARS NORTH 62°11'56" EAST; AGE NDA]4~I~ NO. It/ '~'~ NOV 2 3 1999 THENCE SOUTHEASTERLY 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 TANGENCY; THENCE NORTH 89016'53'' EAST FOR A DISTANCE OF 55.53 FEET; THENCE THENCE THENCE SOUTH 45009'30" WEST THENCE SOUTH 00°09'30" WEST THENCE SOUTH 45°09'30'' WEST THENCE SOUTH 00o09'30'' WEST THENCE SOUTH 45°09'30" WEST THENCE SOUTH 00°09'30" WEST TO THE POINT OF BEGINNING; SOUTH 00o43'07'' EAST FOR A DISTANCE OF 505.08 FEET; NORTH 89°50'30" WEST FOR A DISTANCE OF 442.82 FEET; FOR A DISTANCE OF FOR A DISTANCE OF FOR A DISTANCE OF FOR A DISTANCE OF FOR A DISTANCE OF FOR A DISTANCE OF 151.26 FEET; 100.00 FEET; 200.00 FEET; 390.00 FEET; 190.00 FEET; 338.00 FEET; 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 DESCRIPI IONS 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 this 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 I0.0 feet with the highest elevations on the southeast comer of the property which from there slopes downward to the northwest and the river. The soils are a species of fine sands (Arzell, Charlotte, Immokalee, and St. Lucie) and mangrove swamp along the river. AGEND~ No. I/ N0V 2 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. 90-45 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 requiring ~;ell 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 Collier Tract 21 P.U.D. AGEND~.T/EJ~ NOV 2 3 1999 /-/7 2.1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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 mo Regulations for development 6fthe Collier Tract 21 PUD 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 Growth 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, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Bo 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. All conditions imposed and grapttic material presented depicting restrictions for the development of the Collier Tract 21 PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. 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. go 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 Lazed 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. Fo County open space requirements for the Collier Tract 21 PUD are deemed satisfied by the golf course, and no separate open space requirements shall be applied to the Commercial Tract. 7 NOV 2 :~ 1999 ~.2 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo 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 "L": "RS": Golf course, ±170.5 acres Commercial, 50,000 square feet of gross leasable area/one hundred (100) hotel or motel rooms, -+-3.4 acres Lake, ±29 acres Reserve, ±64.5 acres TOTAL ±267.4 acres 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.. Minor modifications to Exhibit "A", ~nay 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 RELATED PROJECT PLAN APPROVAL REQUIREMENTS mo 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. 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. AG EN D~,J.~E ~{k No, ~ NOV 2 3 1999 2.5 2.6 Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 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. LANDSCAPE BUFFER There shall be a 15 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 6.15 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 be allowed. Ifa parallel road is constructed along U.S. 41, there shall be no separate or additional landscape buffer requirements applied to said parallel road. 9 AGEND~..~I'~ No..~ NOV 8 1999 ..?,. ,5-/ 3.1 SECTION III COMMERCIAL 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 MAXhMUM SQUARE FOOTAGE A maximum of 50,000 square feet of gross leasable area may be constructed on Tract "C". Ifa 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 All uses allowed as permitted and conditional uses in the C-3 zoning district as of the effeciive date of :he Collier Tract 21 PUD ordinance. 2. Hotels and motels not to exceed 100 units. 3. Any uses permitted on Golf Course and Lake Tracts. 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 Custema:y accessory uses including meeting rooms az~d sit down restaurant for hotel and motel. 10 AGEND~ ~E~ NO, ~ NOV 2 3 1999 3.4 DEVELOPMENT STANDARDS General: All yards and setbacks shall be in relation to individual parcel boundaries. Minimum Lot Area: 10,000 square feet. Minimum Lot Width: 75 feet Do Bo 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. Minimum Floor Areas: 700 square feet. 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. Max[mum Height: 1. Principal and accessory structures - 50 feet. 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 ("FDOT") pursuant to a separate agreement with Collier Development Corporation for the widening of U.S. 41. 11 AGEND~,TF~ NO. NOV 2 3 1999 4.1 SECTION IV GOLF COURSE AND LAKES 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 part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other th~n the following: A. Permitted Principal Uses and Structures Golf courses, biking, hiking, canoeing, and nature trails, bridges, boardxvalks, overlooks, and all uses permitted in the Reserve Area Tract. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and any other community neighborhood recreational facilities. Cormnunity recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and ,v~ld,fe sanctuary/management azeas. 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. Any other recreational and open space activity or use which is similar in nature w/th 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. 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 cart storage facilities. Sales Center for golf course memberships. 12 AG E ND~,,L~E,~k ,o. NOV 2 3 1999 P~3. "~"~/ - Permitted Accessory Uses and Structures 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 mo 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. Buildings shall be set back a minimum of twenty-five (25) feet from fight-of-way, and fifteen (15) feet from any ¢roperty lines. Unless otherx~fse specifically provided there shall be no setback requirement for landscape buffers and perimeter treatments. 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. 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 platted. The Golf Course Tract following standards if any structures are constructed thereon: lying north of Walkerbilt Road shall be subject to the A G E N D,~,..I~T E.~;I~ NOV 2 3 1999 Masonry wall or similar pre-fabricated wall at least 8 feet in height along the east and ',vest property lines and set back at least 10 feet from said propert~ lines. 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. 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. 14 AGEND.~ ~E~,~ No. /~ ~ NOV 2 3 1999 5.1 SECTION V RESERVE AREA 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 part therebf, shall be erected, altered or used, or land used, in whole or in part, 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 recr¢:~.tion: hiking trails, boardwalks, overlooks. 15 AG E N O/'~T E~ NO, [ [ /~"- NOV 2 3 1999 6.1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 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, final subdivision plans and all applicable stfite and local laws, codes and regulations in effect on the effective date of the Collier Tract 21 PUD except where specifically noted. A. The PUD Master Plan (Exhibit "A") is an iljustrative preliminary, development plan. Bo The design criteria and layout iljustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. Co Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of the Land Development Code. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. go Agreements, provisions, or covenants which govem 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 ail areas of the project. 6.4 TRANSPORTATION A. Golf course maintenance/service driveways shall be permitted on Vanderbilt Drive, 111' Avenue and Walkerbilt Road. 16 NO. ~ NOV 3 1999 6.5 Co 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. 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. Do 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. WATER MANAGEMENT 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 with the submitted plans is granted by Engineering Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code. A Conceptual permit from South Florida Water Management District or, a copy of the permit application with supporting info;marion submit~ed fo the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. Eo 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 Illth 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 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 f'mal site layout incorporates retained native vegetation to the maximum extent practical AG E N 9~-.'~T,,~ 17 No. ,Z.f_z~ NOV 2 3 999 Co Do Fo Ho and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 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. 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. 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. ,~ny future proposed dock construction shall comply with the Florida Department of Envirosunental Protection (DEP)/Collier County Manatee Protection Plan. If turkey oaks are discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. Environmental permitting shall be in accordance xvith the State of Florida Environmental Resource Permit (ERP) 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. 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. 18 J, Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staff shall be provided ~,dth copies of U.S. Army Corps of Engineers permits prior to any construction occumng in jurisdictional areas addressed by such permits. Construction or early work permits from the South Florida Water Management District shall be presented prior to Final Site Plan/Construction Plan approval. 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 6.8 FIRE PROTECTION The project development 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. ENGINEERING AND UTILITIES mo Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. 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. Co 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 accor3ance with the County's established rates. 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. 19 A G E N D~.,~. ~,~ No. I ~/~..-~ NOV 2 3 1999 6.9 DEVELOPMENT SEQUENCE AND SCHEDULE The property 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 the pertinent setback requirements described in Ordinance No. 88-26, Section 8A may be reduced with the approval of the authorized County official. Fill material from the lakes are planned to be utilized ~vithin 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 cfa commercial excavation per Ordinance No. 88-26. To ;assure sit.2 spec~ficitT, construction plans must be submitted vdth 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 net exc,~ed one hundred and rift3 (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. 20 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 PERIMETER TREATMENTS The perimeter of the project is intended to be buffered/screened from adjacent properties and fights-of-way by combination of any or,tll of the following; vegetative buffers, berms, walls, iYnzes or other materials in keeping with the aesthctic 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 oft.he project shall be of such design that it will allow the runoffto flow as designed by the water management system. F :\US ERSLLANA\WpS\SECTION.2 I~PUD REV 1101 .wpd Novem~r 5, 1998 21 NOV 2 $1999 EXECUTIVE SUMMARY PETITION: PUD-98-15 (1), WILLIAM HOOVER, TRUSTEE, REQUESTING AN AMENDMENT TO THE MAURIEL PUD FOR THE PURPOSES OF CHANGING THE PUD NAME TO THE BUCKS RUN PUD, ADDING CHURCHES AND SCHOOLS AS PERMITTED USES, REVISING THE MASTER PLAN TO REFLECT THE UPDATED WETLAND BOUNDARIES AND REDUCING THE FRONT YARD SETBACK FROM 25 FEET TO 20 FEET FOR PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951 AND APPROXIMATELY 700 FEET NORTH OF VANDERBILT BEACH ROAD (C.R. 862), IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks to amend the Mauriel PUD, Ordinance Number 99-1 for the purpose of adding churches and schools as a permitted use and to provide development standards for those structures. Other changes include changing the PUD name from the Mauriel PUD to the Bucks Run PUD, revising the Master Plan to reflect the updated wetland boundaries and changing the front yard setback from 25 feet to 20 feet. CONSIDERATIONS: The subject 39-acre project is a planned 156 unit residential development that is designed around a singular residential tract of development supporting a mix of residential dwelling types and recreational amenities. The proposed amendment will not increase the intensity or the density of the approved PUD. The purpose of this amendment is to change the PUD name, to add churches and schools as a permitted use, providing development standards for those uses, and revising the Master Plan to reflect new wetland boundaries. In addition, for each acre allocated for a church or school use, the petitioner agrees with staffs reconunendation that four (4) units per acre shall be subtracted from the total of 156 residential units that are permitted within this PUD. Lastly, the front yard setback was reduced to 20 feet to better accommodate the proposed floor plan. This setback is consistent with the standards of other approved PUD residential developments with 7,000 square foot lots. The currently approved Master Plan showed 46 percent of the site as Preserve Areas since most of the site was estimated to be "jurisdictional wetlands". However, the Army Corps of Engineers and South Floricta ~x, ater Managemcm Dislricl ap?~'o'ved rev:~ed plans showing the jurisdictional wellands comprising only l_~ percent of the site. As a result, the revised Master Plan provides a minimum 25 percent of the required on-site native vegetation. 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 support the required findings for both standard and PUD rezoning actions. AG E N q,~lz.T~ M No. / n~ NOV 3 3 1999 This amendment does nothing to change approved PUD density but is primarily requesting to have a church and a private school listed as a permitted use. In regards to consistency with the Growth Management Plan, the subject site is within the Urban-Mixed Use District, Urban Residential Sub- district of the Future Land Use Element (FLUE) that permits nonresidential uses that include: parks, open space, child care centers, and community facilities such as churches, cemeteries and schools. Therefore, the proposed church and school uses are consistent with the GMP. To account for the loss of residential land converted for a church and/or school use, the PUD document provides the following condition. For each acre converted from residential to nonresidential uses, four (4) dwelling units shall be subtracted from the maximum total of residential units permitted within this PUD. Lastly, the site- generated trips resulting from this amendment will not exceed 5% of the LOS "C" design volume on CR-951 fronting the project. As a result, the proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at built-out and complies with Policies 5.1, and 5.2, of the Traffic Circulation Element (TCE). A compatibility study conducted by staff indicates that the amendment will change the essential nature of the project if developed with a church and or school. However, the approved residential dwelling types are compatible with the church/school and with the adjacent developments. In addition, the adjacent properties to the south are approved for church uses. To the north is an existing landscape nursery business that is zoned Agriculture. Therefore, this amendment is deemed compatible with the surrounding land uses. Therefore, this petition should not have any adverse economic impact on the surrounding area. Based on the above referenced analysis, staff is of the opinion that this amendment will not have an adverse impact on any adopted level of service standard. FISCAL IMPACT: This amendment is only to change the PUD name, update the wetland boundary location and to list churches and schools as a permitted use. These changes will not increase the intensity of the development since for every acre converted from residential uses to non-residential uses, 4 units per acre will be subtracted from the total amount of dwelling units that are currently approved. 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 originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset 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: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. AG ENI~IT~J~M 2 NOV 2 ~ 1999 PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis and planning review, staff recommends approval of Petition PUD-98-15 (1) subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council (EAC) heard this item on October 13, 1999 recommended approval subject to conditions as noted in the attached EAC Staff Report. PLANNING COMMISSION RECOMMENDATION: and they The Collier County Planning Commission heard this petition on November 4, 1999. They unanimously recommend by a 5 to 0 vote to forward this petition to the Board of County Commissioners with a recommendation of approval subject to staff stipulations contained in the PUD document. It should be noted that no persons addressed the Planning Commission and staff has not received any letters of objection concerning this proposed amendment. As a result, this petition has been placed on the Summary Agenda. PREPARED BY: RAY I~LLOwS, PRINCIPAL PLANNER CURENT PLANNING SECTION DATE REVIEWED BY: MAN~,GER CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR PLAN~qNG SERVICES DEPARTMENT APPROVED VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-98-15 (1) EX SUMMARY/RVB/rb DATE DATE DATE AGEND~)-T~ lq0¥ 2 3 1999 AGENDA ITEM 7-T TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 15, 1999 PETITION NO: PUD-98-15 (1), MAURIEL PUD AGENT/APPLICANT: Agent: Mr. William L. Hoover Hoover Planning 3785 Airport Road, Suite B Naples, Florida 34105 Mr. John J. Mauriel Jr., Trustee 6566 France Avenue South #410 Edina, Minnesota 55435 Bucks Run Land Trust (Contract Purchaser) Mr. William L. Hoover, Trustee 3785 Airport Road, Suite B Naples, Florida 34105 GEOGRAPHIC LOCATION: The subject property is located on the East Side of CR-951 and approximately 700 feet north of Vanderbilt Beach Road in Section 35, Township 48 South, Range 26 East. REQUESTED ACTION; The petitioner seeks to amend the Mauriel PUD, Ordinance Number 99-1 for the purpose of amending the PUD document by adding churches and schools as a permitted use and to provide development standards for those structures. Other changes include changing the PUD name from the Mauriel PUD to the Bucks Run PUD, revising the Master Plan to reflect the updated wetland boundaries and chnngmg the from yard setback from 25 feet to 20 feet. PURPOSE/DESCRIPTION OF PROJECT: On January 12, 1999, the Board of County Commissioners approved the Mauriel PUD for 156 dwelling units at a density of four (4) units per acre. The 39-acre project is a planned residential development that is designed around a singular residential tract of development supporting a mix of residential dwelling types and recreational amenities. The proposed amendment will not increase the intensity or the density of the approved PUD. 1999 '~COUN TY ROAO igC1 EXHIBIT "B" The purpose of this amendment is to change the PUD name, to add churches and schools as a permitted use, providing development standards for those uses, revising the Master Plan to reflect new wetland boundaries. To better accommodate the floor plan of the proposed single family dwellings, the front yard setback was reduced to 20 feet. This setback is consistent with the standards of other approved PUD residential developments with 7,000 square foot lots. As iljustrated on Table 1 in the PUD document, development standards have also been included for churches and schools. In addition, for each acre allocated for a church or school use, the petitioner agrees with staffs recommendation that four (4) units per acre shall be subtracted from the total of 156 residential units that are permitted within this PUD. The currently approved Master Plan showed 46 percent of the site as Preserve Areas since most of the site was estimated to be "jurisdictional wetlands". However, the Army Corps of Engineers and South Florida Water Management District approved revised plans showing the jurisdictional wetlands comprising only 13 percent of the site. As a result, the revised Master Plan provides a minimum 25 percent of the required on-site native vegetation. SURROUNDING LAND USE AND ZONING: Existing Conditions: This PUD is currently undeveloped and is zoned the Mauriel PUD. Surrounding: North: East: South: West: -Developed landscape business; Zoned: "A" Agriculture. - Developed residential that was approved for 800 units at a density of 2.48 units per acre; Zoned: "Vanderbilt Pines PUD". -Undeveloped and heavily wooded; Zoned: "A" Agriculture. - CR-951 & the Golden Pond PUD approved for 75 dwellings. GROWTH MANAGEMENT PLAN CONSISTENCY: Project lands are located within the Urban-Mixed Use District, Urban Residential as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: FLUE and Density_ - The approved project density is consistent with the density rating system contained in the FLUE and is based on the following relationship as noted below: Ba~e Density. Maximum Permitted Density +4 0welling unit~ per acre 4 dwelling units per acre It should be noted that the BCC has directed that the base density be reduced from 4 units per acre to 2 units per acre for Agricultural zoned lands designated Urban Residential and that are 50 acres or more in s~zc. Since this 39-acre PUD is under this size requirement, it would not be required to subtract two units per acre from its base density once this'proposed change 'to the Growth Management Plan has been adopted. In regards to the proposed church and school uses, the Urban-Mixed Use District, Urban Residential Sub-district of the Future Land Use Element (FLUE) permits nonresidential uses that include: parks, open space, child care centers, and community facilities such as churches, cemeteries, schools, and fire/police stations. Therefore, the proposed church and school uses are consistent with the GMP. To account for the loss of residential land converted for a church and/or school use, the PUD document pro, des the AG E N D~T~ following condition. No. ~ NOV 2 3 1999 2 For each acre converted from residential to nonresidential uses, four (4) dwelling units shall be subtracted from the maximum total of residential units permitted within this PUD. Traffic Circulation Element - The Traffic Impact Statement (TIS) estimates the site-generated trips to be approximately 948 average weekday trips over the amount that can be generated by the approved PUD. The proposed trips will not exceed 5% of the LOS "C" design volume on CR-951 fronting the project after trip assignments and adjustments are made. In addition, the site generated trips will not create a concurrency problem within the projects radius of development influence (RDI) because the project trips don't lower the capacity below any road's adopted standard. As a result, the proposed PUD rezone will not create or excessively increase traffic congestion on the arterial road system at built-out and complies with Policies 5.1, and 5.2, of the Traffic Circulation Element (TCE). EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION & INFRASTRUCTURE: This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval subject to appropriate stipulations that are consistent with the Land Development Code and have been incorporated into the PUD document. The Environmental Advisory Council (EAC) heard this item on October 13, 1999 and they recommended approval subject to conditions that include: All supplemental plantings within the preserve areas shall be 100 percent indigenous native species and shall meet the minimum planting criteria contained in the LDC. In addition, the Transportation Department has stipulated that road impact fees shall be paid in accordance with Ordinance 92-22, as amended. ANALYSIS/EVALUATION: The purpose of this petition is only to amend the currently approved Mauriel PUD. As a result, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that these issues were addressed at the time the property was initially rezoned to PUD. The PUD approval was based upon a preponderance of evidence and conditions that supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff includes an analysis of the project's relationship to the community's future land use plan, and whether or not the proposed amendment would be consistent with the Collier County Growth Management Plan and all of its related elements. It should be noted that the evaluation and consideration of the adequacy of transportation infrastructure and other infrastructure was assessed at the time the project was first rezoned to PUD. Ir, ad:li'~ion, the proposed church and school and have been reviewed Ibr compatibility with adjacent land uses and consistency with the FLUE. Consistency with the FLUE is 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. AG END~/,.~E~,~ NO. ~ NOV 2 3 1999 Relationship to Existing Land Uses - In regards to compatibility, the proposed church and school are deemed to be community facilities that serve and are traditionally located adjacent to residential areas. To further enhance compatibility with the adjacent properties, the maximum height of churches has been limited to only an 8-foot increase over the maximum building height of 40 feet for multi-family structures. Furthermore, the large preserve areas located on the site will serve as a buffer from the adjacent properties. The Master Plan indicates that only one access point off of CR-951 has been provided. Due to the existing surrounding development, no interconnection to adjacent properties was approved. The Master Plan also depicts the water management facilities, open space and preserve areas to improve compatibility with the adjacent properties. In addition, the petitioner will provide a landscape buffer around the entire perimeter of the Bucks Run PUD development. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Since the property is located within the Urban Mixed-Use District, Urban Residential Sub- district) on the Future Land Use Map of the GMP, the proposed community are compatible with the FLUE. These community facilities are also compatible with the adjacent residential uses. Given the urban influence impacting this area, the proposed amendment is timely in that this land is consistent with requirements of the FLUE to the GMP. Lastly, the change in land will not change any consistency standard with the existing residential zoned properties. PUD Development Standards -The proposed changes to the currently approved development standards to reduce the front yard setback by 5-feet will not significantly intensify the use of the site. Furthermore, the proposed front yard setback is consistent with other approved developments that allow 7,000 square foot lots. Additionally, all development shall be subject to an architectural theme requirement. PUD Mas~cr Plan - The PUD Master Plan depicts the revised jurisdictional wetland lines as noted above. Traffic Circulation and Impact - Staff has identified the fact that the proposed amendment will not have a significant impact on CR-951 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 that may be taken as a result of application of the County's Concurrency Management provisions. _ST:~F_F R_E__C.~ 9M3. J E NDA TI O N: That the Collier County Planning Commission recommend approval of Petition PUD-98-15 (1) subject to the approval conditions that have been incorporated into the PUD document. 4 No.__ I/"'"~ NOV g 3 1999 PREPARED BY: t~Y ~[~L~oWs, PRINCIPAL PLANNER CURRENT PLANNING SECTION R~,,~ALD F. NIN6,'~'~CP, MANAGER DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the November 4, 1999 CCPC meeting. COLLIER COUNTY PLANNI~MMISSION: RUS'S/R/LL A. BuDD, CHAIRMAN RVB/rb/STAFF REPORT/PUD-9$-I 5 (1) No. ~ NOV g 3 1999 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT ,MEETING OF OCTOBER 13~ 1999 Item V.C. IV. NAME OF PETITIONER/PROJECT: Petition No.; Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-98-15(1) BUCKS RUN PUD William L. Hoover, Trustee Q. G-cady Minor & Associates, P~. Collier Environmental Consultants, Inc. LOCATION: The subject property is 39 acr~ of vacant land north of Vanderbilt Beach Road Exmnaion extending from CR 951 eastward to Davila Street in Section 35, Township 48 South, Range 26 East, Collier County, Flonda. DESCRIPTION OF SURROLqN'DING PROPERTIES: Surrounding properties are a mix of developed and undeveloped parcels with the following zoning classifications. ZONING DESCRIFTION N - A (Nursery) Developed A Undeveloped S - A Undeveloped E - PUD (Vanderbilt Pines) Under W - A Undeveloped PROJECT DESCRIPTION: The petitione~ propoaea to an~nd the 39 acre Maunel PUD that was approved on January 12, 1999 and permit~ng 156 condominium traits at 4 units per acre. The amendment to the PUD ptop~ th~ follo,~ing r~visio~:~) Cha~ge the PI.?D name to ~ucks Run PUD". 2) Add chtuches and schooh as 'Pe~taitted U~". 3) Add the at)phc, able development standards fro' churches a~! ~chooi~. 4) Revise the Mmm' Plan m refle~ the mo~ im~cise data tegntding en-si~ Preserve"Areas. ttoweve~, both the Army Cor~ of Eugmeen and South Florida Wa~r Management District ~ved revised 'jmimdictional wetlands' that compme 13 percent oftl~ of the on-site nmiv~ vegem~on. Funhenno~, th~ Mas~ Plan {xovide~ 9.8 nc~s of improve, and No. ~ NOV 2 3 1999 EAC Meeting .......................................................................................... October 13, 1999 "BUCKS RUN PUD" Page 2 V. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property lies within the Urban Mixed Use, Urban Residential area as designated on the Future Land Use Map. The Urban Mixed Use, Urban Residen~al Area designates the subject property as residential making it possible for re'zoning action with a density of up to 4 dwelling units per acre. The development plan has been evaluated for consistency with other applicable elements of the GMP. In particular this plan is responsive to the requirement to preserve 25% of viably functioning native vegetation and 60% of its area in open space. STAFF COMMENTS: Water Management: The project site is primarily located within the 951 Canal North Drainage Basin. The eastern portion of the site is located within the Cypress Canal Drainage Basin. The proposed ouffall for the project is the CR-951 roadside ditch located at the west property line of the project. T'ne water management system for the project propos~ the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage which is estimated to be elevation 13.8 NGVD. The finished floor elevations shall be set above the 100-year, 3-day, zero discharge peak stage which is estLrnated to be elevation 15.0 NGVD. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management Disu'ict (SFWMD) through the Envixonmental Resource Permit process. All rules and regulations of SFWMD wql be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.04 els/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment, and wetland hydrology maintenance. Environmental: The project site has 5.11 acres or 13 % jurisdictional wetlands which the applicant indicates have been adversely impacted by surrounding development. The project proposes to fill or excavate .09 acres of wetlands. Five acres of wetlands and 4.8 acres of upland preserve and perimeter landscape buffer will provide the required twenty five percent native vegetation on site. The property will be preserved and enhanced by removal of nuisance exotic plants and the 5 acre wetland will receive the storm water runoff prior to discharge from the site. The control elevation will prevent discharge of the stormwater unless it reaches a depth of 1.2 feet in the wetlands. The applicant indicates the South Florida Water Management District will require a wetlami ma~.,~te,~a:r, ce and ,~.,on~io.'-i.~f, plan for any proposed wet!and restoration. Two ~ typ~ h~ve been identified on the subject property. These include (2) Holol~W Fine Sand, Lime~tone Substratum (Hydric) and (I 0) O~ Fine Sand, Limestone Substrnt, m~- A timmtened and endangered species survey was conducted over five days during the months of April and May 1998. An additional 30 bou~ of field work was conducted in conjunction with the considered rare or endangered were identified. Several species of plants (Tillanc~~ NOV 2 3 1999 EAC Meetin~ .......................................................................................... Octol~ 13, 1999 'BUCI~ RUN PUD" Page 3 governmental agencies were observed on site. Each is listed by the State of Florida primarily due to commercial value. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-98-15 with the following stipulations: Water Management: No additional stipulations. Environmental: Under Section IV, 4.2.A.1. of the PUD Document, remove "including recreational shel~'s' Revise Section IV, 4.2.A.5. of the PUD document to state that, ~Suppkqxam~ landscape planting, screening and bufl'~g within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review ~ a~prc'~at: ~;".:c---...~.--'_"! :::'~:v: . All supplemental plantings wi~io the preserve areas shall be 100% indigenous native species and shah meet the mimmum ~lantin~ , 4. criteria set forth m CCLDC Section 3.9.5.4.4. Add the folloWing language to Section 5.10 ENVIRONMENTAL, of the PUD document, "The PUD Master Plan identifies a 10 fl. landscape buffer to be used towards the 25% requi~ed native vege~atiou preservation. It may be necessary to enhance this buffer. AH planing within these areas counted towards preservation shah mee~ the minim~tm planting criteria as set forth in Collier County Land Development Code Section 3.9.5.5.4." Add the following language to Section 5.10 ENVIRO~NTAL. of the PUD document, '~ne pertmeter berm as located on the PUD Master PI~, shall be entirely outside of all upland and wetland preserve areas." PREPARED BY: SENIOR ENGINV-I~:R SENIOR ENVIRO~AL SPECL~I DATE AG EN(~..~ TF~I No. t/ NOV 2 8 1999 EAC Meeting .......................................................................................... October 13, 1999 "BUCKS RUN PUD~ Page 4 REVIEWED BY: ?. 3o.?? DATE THOMAS/E. KUCK P.E. EN~tNE/R/NG Pd /'[EW MANAGER RO.~D 'FT~'~ ~I~k~ CURRE~ PLANNING MANAGER BSB/c:EACStaflReport Bucks Run PUD. AG E N D/~,~TF~ No. t'! '--' NOV 2 3 1999 PETITION NUMBER DATE APPLiCATiON FOR PD~LiC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) William L. Hoover, Trustee Applicant's Mailing Address 3785 Airport Road N., Suite B City Naples State Florida Zip 34105 Applicant's Telephone Number: Res.: 598-3589 Bus.: 403-8899 Is the applicant the owner of the subject property? Yes ww No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name 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 owners if not indicated on the lease. XX (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See Attached PaGe (If space is inadequate, attach on separate page.) AICP 2. Name of Agent Wi~l~am L. ~ooV~o Firm Moover Plann~n~ Agents Mailing Address 3785 Airport Road N., Suite B city Naples State Florida Telephone Number: Res.: 598-3589 Bus.: Zip 34105 403-889 NOV 2 3 1999 P{3, /(~ 3. PUD ORDINANCE NAME AND NUMBER: Mauriel PUD / PUD Ord. ~99 - 1 4. 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 five (5) 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 35 TOWNSHIP 48S RANGE 26E See Attached Pa~e Address or location of subject property The east side of C.R. 951, apDroximately 700 feet north of Vanderb~lt Beach Rd. E~t. 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. TYPE OF AMENDMENT: X A. PUD Document Language Amendment .X B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes ?lo If no, ewe?lain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEkR? IF SO, IN WHOSE NAME? Yes, John J. Mauriel, Jr.,Trustee PETITION ~: PUD 98-15 DATE: Jan. 12, 1999 (BCC Date) NO. __ J ~ NOV 2 $1999 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. ¥~ No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, William L. Hoover, Trustee being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier · · The foregoing Application was acknow, ledged before/me this ~s personally kf~Dwn to me °~'h~ ha~ p~ ~-~~'~a and who did (did take an oath. (S~-gnature of Notary Public) NOTARY PUBLIC I OI:lqClAL NO'r ':" "'~:'~L -- Commission # ~ C£CII/.*. ' My Commission Expires: ;NOTA.RYFUBU' . :" i.ORIDA i COMM1SS" ... _. ~4¥ COm'M~SS:: .... ~;~. 27r2~a. PUD\DO APPLICATION/md/412$ NO, NOV 2 3 1999 The subject property is owned by a land trust: John J. Maudel Jr., Trustee, 6566 France Avenue South ¢f410, Edina, Minnesota 55435 (50% ownership) and Michael and Lorraine Feit, 363 Helen Way, Livermore, California 94550 (50% ownership). The subject property is purchase contract by a land trust with the description: Trust Name is 'q'he Bucks Run Land Trust Dated the 27th Day of July, 1999". Trustee is William L. Hoover, 3785 Airport Road N., Suite B, Naples, FL 34105. Beneficiaries are: Thomas A. & Julie L. Hoover, 4025 Hillman Road, Morral, OH 43337. Q. Grady Minor and Nancy P. Minor 5172 Seahorse Ave., Naples, Flodda 34103. Robert H. & Kay A. Hartman, 21109 Pargillis Road, Bowling Green. William L. & Charlene S. Hoover, 398 Ashbury Way, Naples, FL 34110. The subject property being 38.99_+ acres, is located in Section 35, Township 48 South, Range 26 East, and is fully described as: The North half of the Southwest quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Flodda, less and except the West 100 feet thereof, previously conveyed for a road and canal right- of-way. The North half of the Southeast quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the East 30 feet thereof. NOV 2 3 1999 NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed PUD Amendment to the Existing 39-Acre Mauriel PUD, Located in Section 35, Township 48S, Range 26E, Unincorporated Collier County., Florida To Whom It May Concern: As property owner of the subject land, please be advised I am aware of and grant permission for the contracted purchaser (William L. Hoover, Trustee) to apply for a PUD Amendment and/or Environmental Resource Permit, at the sole expense of the contracted purchaser. The property owner also acknowledges to have unified control over all of the acreage within the Mauriel PUD. STATE OF /: COUNTY OF The foregoing instrument was acknowledged before _~ :_.~ J' ,. ,199_: by t.~ ~ ,. ._ me this " ,' ,day who is/are per_._son___.~ally kn_own_to me or have produced as identification and who did (did not) take an oath. // J I ' / : Notary Public /.~J ~J/~' // 'Printed Na~e My Commission Expires: of SEAL NOV ~ 3 1999 NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed Amendment of the Mauriel PUD, Located in Section 35, Township 48S, Range 26E, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Collier Environmental Consultants, 3880 Estey Avenue, Naples, Florida 34104; Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134; and Hoover Planning, 3785 Airport Road North, Suite B, Naples, Florida 34105; have been engaged by the applicant and contracted purchaser shown below to act as authorized agents and to request necessary applications during the ElS Preparation and Review/PUD Amendment petition process for the subject project. The contracted purchaser also acknowledges to have unified control over all of the acreage within the Mauriel PUD. Sincerely, STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~::::~ ~_.~ ,199 ~fby ~/~o is/are ~ersonally known ~'o me or--have-preduced----- - as identification and who did (did-not-)-take an oath. day of Notary Public Printed Name I c~c]~ ~ ~ I My Commission Expires: ~ ......... ~ ...... ~ ~R. 272~3 J SEAL No..._.L..,f_J,,,~~ NOV 2 3 1999 Pg. /~__ ___..--. 2 3 6 ? 8 9 l0 12 13 14 15 16 17 18 19 20 21 22 23 24 26 2'7 28 29 3O 31 32 33 34 35 36 37 38 39 40 ,.Il a2 43 ORDINANCE 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGLrLATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BUCKS RUN PUD, FOR PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951 AND APPROXIMATELY 700 FEET NORTH OF VANDERBILT BEACH ROAD (CR #862), IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38.99~ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NLPMBER 99-1, THE FORMER MAURIEL PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover of Hoover Planning, representing William L. Hoover, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 35. Township 48 South. Range 26 East. Collier County, Florida. is changed from "PUD" to "PUD" 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(s} numbered 8635S. as described in Ordinance Number 91-102. the Collier County Land Development Code, is hereby amended accordingly. SECTION_T...~O: Ordinance Number 99-1, known as the Maunel PUD, adopted on January 12, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. This Ordinance shall become effective upon filing with the Deparmaent of State. AG END.~TEfI~ No. //t..--. NOV 2 3 1999 I III PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOP, IDA Approved as to Form and Legal Sufficiency Ma~oS; M. sh/de~ Assistant County Attorney BY: PAMELA S. MAC'ICIE, CHAIRWOMAN ORD[NANCErpuD-98-I 5( 1 -2- hmo. ~ NOV 2 3 1999 BUCKS RUN PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: WILLIAM L. HOOVER, TRUSTEE 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 and Q. GRADY MINOR, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER August 6, 1999 October 11~ 1999 AGENDA IT~J~ ~__ NOV ~ 3 1999 l:'Cl. ~ -- TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION IIIRESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE i ii 1 2 5 8 13 14 NOV 2 3 1999 EXHIBIT "a" EXHIBIT LIST OF EXHIBITS PUD MASTER PLAN PUD WATER MANAGEMENT PLAN iii AGENDA~ No. // NOV 2, 3 1999 STATEMENT OF COMPLIANCE The development of approximately 38.99_+ acres of property in Collier County, as a Planned Unit Development to be known as Bucks Run PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Bucks Run PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. o The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within an Urban Residential Mixed Use designation of the Future Land Use Element. The projected density of 4.00 dwelling units per acre, for each acre residentially developed, is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Maximum Permitted Density 4 dwelling units/acre 4 dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. NOV 2 3 1999 ~_ 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 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 Bucks Run PUD. LEGAL DESCRIPTION The subject property being 38.99_+ acres, is located in Section 35, Township 48 South, Range 26 East, and is fully described as: The North half of the Southwest quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, less and except the West 100 feet thereof, previously conveyed for a road and canal right-of-way. The North half of the Southeast quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the East 30 feet thereof. PROPERTY OWNERSHIP A. The subject property is owned by a land trust: John J. Mauriel Jr., Trustee, 6566 France Avenue South fl-410, Edina, Minnesota 55435 (50% ownership) and Michael and Lorraine Feit, 363 Helen Way, Livermore, California 94550 (50% ownership). B. The subject property is under purchase contract by a land trust: William L. Hoover, Trustee, 3785 Airport Road North, Suite B, Naples, Ftoi!da 34105, for the Bucks Run Land Trust and Beneficial Ownership Agreement. GENERAL DESCRIPTION OF PROPERTY AREA AG EN DA/J-~ ~'~1 NO. NOV 2 3 1999 1.5 The subject property is located on the east side of C.R. 951, approximately 700 feet north of Vanderbilt Beach Road (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. PHYSICAL DESCRIPTION The project site is primarily located within the 951 Canal North Drainage Basin according to the Collier County Drainage Atlas; the eastern portion of the site is located within the Cypress Canal Drainage Basin. The proposed outfall for the project is the CR-951 roadside ditch located at the west property line of the project. Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line; average site elevation is 12.4 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #2 - Holopaw Fine Sand, Limestone Substratum with a small area of #10 - OIdsmar Fine Sand at the extreme eastern portion of the site. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial lowering of the water table by the CR-951 canal, grape vine and poison ivy groundcover have infested the site. The site is also heavily infested with Brazilian Peppers and Melaleuca trees, both exotic species. AG EN D/~T E ~'~ NO. ~ NOV ~ 3 1999 p~. _~"' ~ 1.6 1.7 PROJECT DESCRIPTION The Bucks Run PUD is a project composed of a maximum of 156 residential units. These residential units are projected to be developed as multi-family homes consisting of: carriage homes or coach homes. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. A church or school may also be developed on the site. For each acre developed as a church and/or school use, 4 residential units shall be subtracted from the maximum number of dwelling units permitted. SHORT TITLE This Ordinance shall be known and cited as the "Bucks Run Planned Unit Development Ordinance". 4 NOV 2 3 1999 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 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. GENERAL Regulations for development of the Bucks Run 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 issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. 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 time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of the Bucks Run PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in fuf! force and effect. 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. NOV 2 3 1999 2.3 2.4 2.5 2.6 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 156 dwelling units shall be constructed in the residential areas of the project. The gross project area is 38.99+ acres. The gross project density shall be a maximum of 4.0 units per acre. For each acre developed as a church and/or school use, 4 residential units shall be subtracted from the maximum number of dwelling units permitted. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. 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. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. NOV ~ 3 1999 Ao Bo Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. All other provisions of Division 3.5 Excavation of the Land Development. Code shall apply. AG E N D Al J,.T./IE ~ NO. ~ NOV 2 3 1999 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 156 units. For each acre developed as a church and/or school use, 4 residential units shall be subtracted from the maximum number of dwelling units permitted. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Churches and houses of worship. 5. Schools, private and public. 6. Any other use deemed comparable in nature by the Development Services Director. B. Pertained Ac¢cssory Uses and S[r~ctures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat 3.4 docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. Water management facilities, including such facilities within any Native Habitat Preserve Areas. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. Any other accessory use deemed comparable by the Development Services Director. 10. Carports are permitted within parking areas. 11. Garages are permitted at the edge of vehicular pavement. DEVELOPMENT STANDARDS Ao Table I sets forth the development standards for land uses within the Bucks Run PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback ~s measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. AGEND~T~I~ NO. NOV 2 3 1999 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback 1 Story 2 Story 3 Story SINGLE-FAMILY 7,0OO Sq. Ft. 60' Interior (1) Lots 70' Comer Lots 20' 0' & 10' or both 5' 0' & 15' or both 7.5' NA Rear Yard Setback Principal Structure 20' Accessory Structure 10' PUD Boundary Setback Principal Structure NA ---Accessory Structure NA ake Setback (3) 20' ~/etland Preserve Area Setback 25' Distance Between Structures TWO-FAMILY 5,OO0 Sq. Ft. 90' Interior Lots (1) (45')(2) 110' Corner Lots (55')(2) 20' 0' & 10' or both 5' 0' & 15' or both 7.5' NA 20' 10' NA NA 20' 25' Main/Principal 1-Sto ry 10' 10' 2-Story 15' 15' 3-Story NA NA Accessory Structures 10' 10' Maximum Hei,qht: Principal Building 35' and 2 stodes 35' and 2 stodes Accessory Building Minimum Floor Area 20'lClubhouse 35' 1200 Sq. Ft. 2 car garage Minimum carpo~ :~,' 9r~rage per unit 20'/Clubhouse 35' 1100 Sq. Ft. 1 car garage MULTI-FAMILY, CHURCHES, AND SCHOOLS NA NA NA 20' Greater of 7.5' or 1/2 BH Greater of 10' or 112 BH Greater of 12.5' or 1/2 BH 20' 10' Greater of 20' or BH 10' 20' 25' Greater of 15' or 112 SBH Greater of 20' or 1/2 SBH Greater of 25' or 112 SBH 10' 40' and 3 stodes except 48' and 3 stodes for churches 20'/Clubhouse 35' I bedroom = 700 Sq. Ft. 2 Bedroom = 900 Sq. Ft. 3 Bedroom = 1100 Sq. Ft. None for churches/schools None for churches/schools (1) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Lake setbacks are measured from the control elevation established for the lake. Note: "BH" refers to building height and "SBH" refers to sum of the building heights. io AG E N D~J~T F~.~ No. NOV 2, 3 1999 B. Off-Street Parkin,q and Loadinq Requirements: Co As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat Preserve Area Requirements: A minimum of sixty (60)'percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site for any residential project. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site for any residential or mixed use development, as described in Section 3.9.5.5.3 of the Land Development Code. Landscapin,q and Bufferin,q Requirements: If landscape buffers are determined to be necessary adjacent to wetland preserve areas, they shall be separate from those preserve areas. Where two separate two-family or multi-family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family or two-family project within the PUD abuts a multi-family project within the PUD, a ten (10) foot buffer shall be provided between them on the first project constructed, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material Standards and Installation Standards, of the Land Development Code. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of simitar materials and colors ]! NOV 2 3 1999 Fo Go throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet except for church and school lighting which is limited to a height of forty (40) feet. Si,qns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code. Density Density shall not exceed 4 units per acre over the entire project. No platted tract or condominium tract shall have a density greater than 12 units per acre. No. !, NOV 2 3 1999 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species and shall meet the minimum planting criteria set forth in Section 3.9.5.4.4 of the Land Development Code. 6. Any other use deemed comparable in nature by the Development Services Director. 13 AG END/t J~E~t NO. /./ ~ NOV2 3 1999 5.1 5.2 5.3 SECTION V DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code 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 PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, deciic~tions, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 14 NOV 2 3 1999 5.4 5.5 5.6 5.7 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorin,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. WATER MANAGEMENT Ao A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. Bo A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. Do Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES 15 AGENDS,~EI~ NO. /'~ '" 1999 5.8 5.9 5.10 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. TRAFFIC The applicant shall be responsible for the installation of arterial level street lighting at any project entrance onto C.R. 951, prior to the issuance of any Certificates of Occupancy or Compliance. Drainage shall not be permitted to discharge directly into any roadway drainage system but may discharge into the 951 Canal with necessary permits. Co If the developer constructs a Con Span bridge across the canal in order to gain direct access onto C.R. 951 then turn lanes, both northbound and southbound, shall be constructed by the developer prior to any development or construction traffic utilizing this bridge onto C.R. 951. Such turn lanes shall be designed to provide capacity for the ultimate project traffic. Do Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. PLANNING Ao 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 a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 16 AG EN D,~ ).T~E I}~1 No. NOV 2 3 1999 Bo Do All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) 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 Final Site Development Plan/Construction Plan approval. The PUD Master Plan identifies a 10-foot landscape buffer to be used towards the 25% required native preservation requirements. It may be necessary to enhance this buffer. All plantings within these areas counted towards preservation shall meet the minimum planting criteria as set forth in the Land Development Code Section 3.9.5.5.4. The perimeter berm as located on the PUD Master Plan, shall be entirely outside of all upland and wetland preserve areas. 17 AGENDA/~EM NOV 2 3 1999 .... ~)_~OU N TY ]! EXECUTIVE S-~MMARY PUD-99-19, ROCK ABOUJAOUDE OF AIM ENGINEERING & SURVEYING, INC., REQUESTING A REZONE FROM "A-MHO" TO "PUD" PLANNED DEVELOPMENT TO BE KNOWN AS HARVEST FOR HUMANITY PUD FOR A PROJECT CONSISTING OF 110 MIXED RESIDENTIAL DWELLING UNITS INCLUSIVE OF A DESIGNATED COMMON AGRICULTURAL USE AREA, AND THE SALE OF PRODUCTS GROWN ON THE AGRICULTURAL AREA, AND ALLOWANCE FOR THE PUBLIC TO HARVEST PRODUCTS GROWN ON THE AGRICULTURALLY DESIGNATED TRACT, LOCATED ON THE NORTHEAST CORNER OF LAKE TRAFFORD ROAD AND CARSON ROAD, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38.4+ ACRES. OBJECTIVE: This petition seeks to have certain property hereinafter described rezoned from its current "A" Rural Agricultural classification to a Planned Unit Development (PUD) classification for a mixed-use residential project with special communal facilities. CONSIDERATIONS: The property is located in the Immokalee Postal District and Urbanized Area. The property fronts on Lake Trafford Road (C.R. 890) and Carson Road (N.E. Comer). The PUD regulations describe a mixed residential use project not to exceed 110 dwelling units of mixed housing structure types. The housing environment will employ traditional neighborhood design elements. In addition, a special type of activity center is intended where project residents will process and manufacture blueberries and blueberry products grown both on and off-site by residents of the neighborhood. Certain recreational amenities, including multi-purpose spaces where residents can socially interact are provided for in the PUD. The property is located within the area covered by the Immokalee Area Master Plan as well as the Collier County Growth Management Plan. The property is located within an area designated "HR" High Residential. This designation allows a mixed use residential development at a density not exceeding 8 dwelling units per acre. Because the proposed density of this project is only 2.8 dwelling units per acre, the density is deemed consistent with the Immokalee Area Master Plan. This land use classification further allows the full range of housing structure types from single-family detached and attached through various forms of multiple family housing. Non-residential uses are also allowed in the residentially designated areas and include recreational amenities, which are incidental and accessory to the housing environment. Day Care Center and essential services are also allowed. AGENJ~ ITi~ no. 17~. NOV 2 3 1999 Relative to the activity center function which will allow project residents to operate a form of cottage industry, in the sense that they will harvest blueberries both from on and off-site farms owned by the project co-operative and to sell blueberries and blueberry products and associated blueberry merchandise, it is the opinion of staff that the communal nature of this activity is accessory and incidental to the uses permitted by right, and therefore, consistent with the goals of residentially designated areas. This is further supported by elements of traditional neighborhood design and the activities building providing for a high level of social interaction by project residents. An analysis of this PUD for other applicable elements of the GMP advises that the PUD is consistent with these elements (i.e. traffic, open space, conservation and utilities). 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 Sections 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. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are 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. FISCAL IMPACT: This PUD by and of itself will have no 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 future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects 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. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities Impact Fee $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit Aa E N D/~ ~1~ NO. ~ ./q-~ NOV 2 1999 Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $0.005 per square foot nfbuilding $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757 per unit. Since this project proposes 110 units, the total amount of residential impact fees collected at build-out will total $303,621. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. 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 adopted standards, 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 that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request is deemed consistent with the requirements of the Collier County Growth Management Plan. A project deemed consistent is considered to have no negative impacts on the objectives and policies of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. The PUD document contains the following information: "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 a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted." NOV 2 3 1999 p¢~. '~ PLANNING SERVICES STAFF RECOMMENDATION: Staff with jurisdictional responsibilities for determining consistency with element of the GMP and provisions of the LDC recommend approval of this petition. Provisions of the PUD regulatory document and master plan were crafted to achieve the recommendation of staff. EAC RECOMMENDATION: The EAC heard this petition on November 3, 1999. They unanimously voted to recommend approval. No other person spoke in opposition. PLANNING COMMISSION RECOMMENDATION: t~Ordinance of Adoption and Ex. bits RONALD F: NINO'7~CP The Collier County Planning Commission heard this petition on November 4, 1999. They unanimously recommended approval of Petition PUD-99-19, Harvest for Humanity, as described by thereto (i.e. PUD document and master plan). DATE CURRENT PLANNING MANAGER REVIEWED BY: I~OBE'RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ! DATE g/admin EX SUMMARY/PUD-99-19/RN/im A(~ E N D/ay~T EI~ No. NOV 2 3 1999 AGENDA ITEM 7-L MEMORANDUM TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES OCTOBER 5, 1999 PETITION NO: PUD-99-19, HARVEST FOR HUMANITY, INC. Agent: Mr. Rock Aboujaoude AIM Engineering & Surveying 5300 Lee Boulevard Lehigh Acres, FL 33971 Owner: Harvest for Humanity, Inc. 213 S. Wheaton Avenue Wheaton, IL 60187 (Richard and Florence Nogaj - Contract Purchasers) Joseph Weinfeld Family Trust 4551 Gulf Shore Boulevard #805 Naples, FL 34103 (Record Owner) REQUESTED ACTION: This petition seeks to have certain property hereinafter described rezoned from its current "A" Rural Agricultural classification to a Planned Unit Development (PUD) classification for a mixed-use residential project with special communual facilities. GEOGRAPHIC LOCATION: The property is located in the Immokalee Postal district and urbanized area. The property fronts on Lake Trafford Road (C.R. 890) and Carson Road (N.E. Comer) (See location map following page). 1999 - 31999 / m PURPOSE/DESCRIPTION OF PROJECT: The PUD regulations describe a mixed residential use project not to exceed 110 dwelling units of mixed housing structure types. The housing environment will employ traditional neighborhood design elements. In addition, a special type of activity center is intended where project residents will process and manufacture blueberries and blueberry products grown both on and off the site by residents of the neighborhood. Certain recreational amenities, including multi-purpose spaces where residents can socially interact are provided for in the PUD. EXISTING AND SURROUNDING LAND USE AND ZONING. EXISTING: Existing: The site is undeveloped and zoned "A" Rural Agricultural. A conservation easement is recorded on the north side of the property consisting of 11.4 acres. SURROUNDING LAND USE AND ZONING: Surrounding: North - To the north lies existing subdivision of residential development. Residential housing types include both single-family site build homes and mobile homes. The land is zoned PUD (Timber Ridge) and V R Village Residential. East To the east lies existing subdivision and undeveloped land. Single-family homes comprise the form of development on these subdivided properties. The land is zoned PUD (Sanders Pines), RSF-4 and Rural Agricultural. South - To the south lies a mixed housing and mobile home development pattern. The land is zoned "A" MHO, PUD and RSF-4. West - To the .west the land is primarily undeveloped. The land is zoned "A" Rural Agricultural, MH and C-3. A convenience store occupies the N.W. comer of Carson Road and Lake Trafford Road. AGENDA'~TEi~ NOV 2 3 1999 GROWTH MANAGEMENT PLAN CONSISTENCY: The property is located within the area covered by the Immokalee Area Master Plan as well as the Collier County Growth Management Plan. The property is located within an area designated "HR" High Residential. This designation allows a mixed use residential development at a density not exceeding 8 dwelling units per acre. Because the proposed density of this project is only 2.8 dwelling units per acre, the density is deemed consistent with the Immokalee Area Master Plan. This land use classification further allows the full range of housing structures types from single-family detached and attached through various forms of multiple family housing. Non-residential uses are also allowed in the residentially designated areas and include recreational amenities which are incidental and accessory to the housing environment. Daycare Center and essential services are also allowed. Relative to the activity center function which will allow project residents to operate a form of cottage industry, in the sense that they will harvest blueberries both from on and off-site farms owned by the project co-operative and to sell blueberries and blueberry products and associated blueberry merchandize, it is the opinion of staff that the communal nature of this activity is accessory and incidental to the uses permitted by right, and is therefore, consistent with the goals of residentially designated areas. This is further supported by elements of traditional neighborhood design and the activities building providing for a high level of social interaction by project residents. Other applicable GMP consistency elements include the following: Open Space/Conservation: More then sixty (60%) percent of the project will be set aside as qualifying open space. Nearly forty-three (43%) percent of the property constitutes a conservation set aside and aghcultural use area. The remaining seventeen (17%) percent will come from residential and related recreation spaces. The conservation area constitutes more than twenty-five (25%) of the viably functioning native vegetation communities. Both the open space and conservation area commitments are consistent with the thresholds established by the Growth Management Plan. AGENDA ITEM NOV 2 ,t 1.,o99 Traffic: Staff has reviewed the applicant's Traffic Impact Statement (TIS),and had the following comment: The ITE Trip Generation Manual (6th Edition) indicated that the proposed project will generate the following traffic: UNITS LAND USE TRIPS 60 DU's Multi-Family 394 ADT 50 DU's Single-Family 477 ADT 1 Acre U-Pick Farm 144 ADT TOTAL: 1,015 ADT* * The site generated trips have been adjusted to account for seasonal occupancy. The adjusted site generated trips are approximately 928 ADT. The Traffic Circulation Element (TCE) lists Lake Trafford Road as a 2-lane road fronting the project. The current traffic count for this segment is 10,473 and is operating at LOS "C." The traffic volumes have been adjusted to reflect the projected traffic volumes at build-out of the project. At build-out, Lake Trafford Road is still projected to operate an acceptable level of service. Therefore, this petition is consistent 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. Based on the analysis contained in the TIS, the site generated trips will exceed the significance test standard (5 percent of the LOS "C" design volume on Lake Trafford Road within the project radius of development influence (RDI). However, this road segment is expected to operate at an acceptable level of service at build-out. Therefore, it is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Sewer and Water: The project lies within the Immokalee Water and Sewer District. The PUD makes provision for connecting project sewer and water utilities to those of the District and for conveying ownership. Immokalee Water and Sewer District has advised that they have no objection to this petition and are ready to provide service. Water Management: Approval falls within the jurisdiction of the South Florida Water Management District. Specific provision for water management facilities will be made at the time of subdivision or site development plan approvals. Housing: Approval of this project will further the goals of providing affordable housing for residents of Immokalee. Its unique communal aspects certainly enhances social goals which can serve to lift the quality of life for residents of Immokalee and serve as a model for repeating this type of development over and over again. AGEb~A 2 3 1S99 Pg- HISTORICAL AND ARCHAEOLOGICAL REVIEW: The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. The PUD Document contains the following information: "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 a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted." 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. This petition was heard by the Environmental Advisory Committee on October 13, 1999. They recommended approval subject to certain development stipulations which have been incorporated into the PUD 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 Sections 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. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted, and are 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 planmng, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan and the Immokalee Area Master Plan. Analysis for consistency with the FLUE advised that the petition was consistent for both land use and density of development. Relative to the Immokalee urbanized area; this petition represents a relatively low-density project at 2.8 dwelling units per acre. The zoning for the most part of surrounding land allows higher densities. Given its contiguous relationship to existing mixed housing environment, the land uses proposed and density are certainly deemed compatible. What we essentially have is a relationship of residential to residential on three sides of the subject site. The proposed non-residential cottage industry and the multi-purpose activities center functions in an accessory and ancillary relationship to project households. This is a unique type of development in which project residents operate a blueberry farm and both sell blueberries and blueberry products directly to customer in much the same manner, as would a home occupation business acting in concert with other project households. Project residents will be afforded the opportunity to earn a portion of their livelihood from their own entrepreneurship as well as be involved in other social enhancement goals that will arise through a heightened level of community interaction. These activities should have no adverse impact on adjoining properties. Lake Trafford Road functions as an urban collector road. The activities center is internal to the project and is accessed from Lake Trafford Road. No level of service will be abridged by this development, including traffic circulation, open space, natural features conservation and infrastructure systems. Interconnectivity is a non-issue given the small sized of the project and its frontage on three public streets. Timing of this rezoning action is appropriate given the level of urban development around the site and the availability of public sewer and water system. PUD Regulations and Master Plan - The PUD is structured in a fashion that purports to produce a more neo-traditional neighborhood design in part. Development standards are specifically aimed at allowing residences to face one another across a pedestrian/open space way as opposed to fronting on vehicular travelways. Residents will access the dwelling units in part from the rear by an alleyway. Garages will be placed off the alleyway. Development standards are sufficient to provide appropriate spaces between buildings regardless of whether or not dwelling units are within a nco-traditional or contemporary setting. NOV 2 3 1 99 STAFF RECOMMENDATION: That Petition PUD-99-19 be recommended for approval to the Collier County Board of Commissioners as described and iljustrated by the proposed Ordinance for adoption and exhibits thereto (i.e. PUD document and master plan). RONALD F NINO,~AI~P CURRENT PLANNING MANAGER ~ok~I E~.~~E.i~ERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR ~~.BcYAU~TTERo, ~~Cp, ~MiNiST~TOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number PUD-99-19 Staff Report for the November 4, 1999 CCPC meeting. RUSSEEL A. BUDD, CHAIRMAN g/admin/PUD-99-19/RNtim 7 NOV 2 3 lC399 FINDINGS FOR PUD PUD-99-19 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planmng Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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) Intensifying land development pattems produces economies of scale relative to public utilities, facilities, and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl relative to the Immokalee urbanized area. (iii) Lake Trafford Road an urban collector affords easy access to Highway 29. (iv) Comprehensive multi-disciplined analysis suitability of the land for the uses proposed. supports the Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Findines: 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. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments~:.'- ,~ -,~,,~,, proposed, particularly as they may relate to arrangements or 1 NOV 2 3 1999 ge be made for the continuing operation and mai~ ~enance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: (i) Evaluation not applicable. Summary Findinlls: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management and the lmmokalee Area Master Plan Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan and the Immokalee Area Master Plan. Con: (i) None. Summary Findings: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan and the Immokalee Area Master Plan. A more detailed description of this conformity is addressed in the StaffRcport. Additional Finding: The subject property is designated "HR" High Residential on the Immokalee Area Future Land Use Map. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition as been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan and the Immokalee Area Master Plan, as noted below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Density_ - Approval would authorize one hundred and ten (110) dwelling units whose density would be 2.8 dwelling units per acre. This is consistent with the density permitted by the Immokalee Area Master Plan. Land Use - The urban residential subdistrict allows all residential structure types and other uses normally found in a residential environment, including a multi-purpose activities center and recreational amenities. 2 N. OV 2 3 1999 e e Traffic Circulation Element - Analysis of t e subject petition concluded with a finding for consistency with the policies of the TCE. Recreation and Open Space Element - Approximately forty-three (43%) of the land area is a conservation area. This area is exclusive of the amount of open space that remains as each development parcel or tract or lot is developed. Said amount of open space is equal to the open space requirement of 60% for residential PUD's exclusive of that open space related to actual residential development Other applicable element(s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Harvest for Humanity PUD is entirely consistent with provisions of the Collier County GMP and the Immokalee Area Master Plan. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. Summary Findings: 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. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findines: The amount of open space set aside by this project is equal to or greater than the provisions of the Land Development Code. Pro/Con: The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and ,private. AGENOA IT~ Evaluation not apphcable. 3 NOV 2 3 1999 e Summary_ Findings: Timing or sequence of development in light of concurrency requirements is not a significant problem. Assurances have been provided relative to sewer and water utilities that these utilities will be connected to the Immokalee Sewer and Water District. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Findings: Ability, as applied in this context, implies supporting infrastructure such a 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 thc staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely; because supporting infrastructure is available. 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 Findings: 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. Thc development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. g/admin/Findings for PUD-99-19/RN/im NOV 2 3 1999 REZONE FINDINGS FOR PETITION PUD-99-19 Division 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: Whether the proposed change will be consistent with the goals, objectives, and policies and Immokalee Area Future Land Use Map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summa~ Findings: The proposed development is in compliance with the Immokalee Area Future Land Use Map and the Growth Management Plan for Collier County, and all other elements, their objectives and policies. Companion PUD Findings evaluation a well as the adopted CCPC staff report addresses this same finding. The existing land use pattern. Pro/Con: EXISTING: Evaluation not applicable. The site is undeveloped and zoned "A" Rural Agricultural. A conservation easement is recorded on the north side of the property consisting of 11.4 acres. SURROUNDING LAND USE AND ZONING: Surrounding: North - To the north lies existing subdivision of residential development. Residential housing types include both single-family site build homes and mobile homes. The land is zoned PUD (Timber Ridge) and V R Village Residential. East To the east lies existing subdivision and undeveloped land. .Single-family homes comprise the form of development on these subdivided properties. The land is (Sanders Pines), RSF-4 and Rural A dcu~. aJ~? NOV 2 3 1999 .../7 e e South - To the south lies a mixed housing and mobile home development pattern. The land is zoned "A" MHO, PUD and RSF-4. West - To the west the land is primarily undeveloped. The land is zoned "A" Rural Agricultural, MH and C-3. A convenience store occupies the N.W. comer of Carson Road and Lake Trafford Road. 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 thc GMP FLUE Urban Designation, an action which is expected given that time is appropriate. Availability of adequate infrastructure, nearby urban development support the timing relationship and justifies development at this time. Whether existing district boundaries are illogically 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. 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. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The County's land use policy a reflected by the Immokalee Area Future Land Use Map supports an action to allow urban residential development. NOV 2 3 1999 Con: (i) Urban Mixed-Used development may not coincide with resident's desire to maintain a natural atmosphere. Summar3/ 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. 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) Development of the subject property is consistent with provisions of the Traffic Element of the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) The goal of establishing a more traditional neighborhood with its own convenience services and recreational facilities should constitute a public benefit by discouraging external trips and therefore conserving highway capacity. Con: (i) As urban intensification increases, there is some loss of comfort and east of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. 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 Concurrency Management System. Whether the proposed change will create a drainage problem. Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement Con: (i) Urban intensification potentially can heighten the occasion for.. flooding under the more severe rainfall event. area-wide 10. 11. 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. The water management system to serve the project will consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheet- flow, catch basins, and culvert systems. The lakes will then discharge through control structures into the County's drainage system. 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. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) Urban intensification typically increases the value of adjacent or underutilized land. (ii) Development standards often do not reflect the quality of the project when it actually develops. More often than not developers have structured standards below the actual market response in order to be on the safe side. Con: (i) None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself 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. Whether the proposed change will be a deterrent to the improvement development of adjacent property in accordance with existing regulations. Pro/Con: or Evaluation not applicable. NOV 2 3 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 site development plan approval process and/or subdivision process, gives 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 Immokalee Area Master Plan and the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plans. In light of this fact the proposed change does not constitute a grant of special privilege, Consistency with these plans 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 Rural Agriculture "A." To deny this petition would deprive the owner of any reasonable use of the property consistent with the goals, objectives and policies of the GMP and the Immokalee Area Master Plan. 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 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: This site is zoned "A" Rural Agriculture. Whether or not there are other similarly zoned residential areas is irrelevant. 16. 17. 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 strategy. The site will be altered to the extent necessary to execute the The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Comer County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summa~ Findings: Staff review 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. g/adnUn/Rezone Findings/PUD-99-19/RN/im f,:OV 2 3 1.,.,9 ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF OCTOBER 7, 1998 Item V.E. II. III. IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment No. PUD-98-13 Collier Tract 21 PUD Collier Development Corporation Agnoli, Barber & Brundage Kevin L. Erwin Consulting Ecologist, Inc. LOCATION: The subject property is a 267 acre undeveloped parcel mostly south of the Cocohatchee River and extending from US 41 west to Vanderbilt Drive and north of 11 lth Ave., Section 21, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are a mix of developed and undeveloped parcels with the following zoning classifications. ZONING DESCRIPTION A-ST Cocohatchee River MH (Palm River) A PUD (Cocohatchee River Trust) C-4 C-4 PU-2 PUD (Vanderbilt Villas) PUD (St. John the Evangelist Catholic Church A (Naples Park Elementary School) PUD (Plaza 21) Undeveloped Undeveloped Developed Undeveloped Undeveloped Developed Developed Undeveloped Developed Developed Developed Developed E - C-4 Developed W - PUD (Northshore Villas) Developed PROJECT DESCRIPTION: The proposed project includes a golf course, club house, commercial buildings, and reserve. The PUD Master Plan depicts commercial development along the US 41 frontage, an 18 ,]~ ~r c:, --~,G E .l},~"~q'E~ course, with club house, lakes and reserves. Access is provided from US 41 thxough the No. ~ l OV 2 3 1999 EAB Meeting ........................................................................................... October 7, 1998 Page 2 commercial area. The water managem-ut system includes several connected lakes which will accommodate the existing Naples Park flow and one separate lake at the west side of the project. All discharges are to wetlands adjacent to the Cocohatchee River and will be reviewed by the South Florida Water Management District. These wetlands are in or contiguous with the Cochatchee River Outstanding Florida Waters. Plan of Record: Water Management: "COLLIER TRACT 21 WATER MANAGEMENT MASTER PLAN" Sheet I of 1 prepared by Agnoli Barber & Brundage, Inc. "Collier Tract 21 Preliminary Water Management Report" prepared by Agnoli, Barber & Brundage, inc., dated August 1998. Environmental: "COLLIER TRACT 21 WATER MANAGEMENT MASTER PLAN" Sheet 1 of 1 prepared by Agnoli Barbar & Brundage, Inc. Collier Enterprises Section 21 Environmental Impact Statement prepared by Kevin L. Erwin Consulting Ecologist, Inc., dated August, 1998. Collier Tract 21 PUD document prepared by Young, Van Assenderp & Varnadoe, P.A., dated August 7, 1998. Cultural Resource Assessment of Collier Enterprises' Section 21 PUD Rezone, Collier County, Florida prepared by Southeastern Archaeological Research, Inc., dated May 21, 1998. STAFF COMMENTS: Water Management: The proposed surface ~vater management plan involves the use of a system of interconnected manmade lakes to provide water quality retention and peak flow attenuation. The system will be designed to accept discharge from the Naples Park Drainage Imp~,ovement Project (consmacted last year), the WalMart site, and Naples Memorial Gardens. The project will be required to obtain a South Florida Water Management District surface water perrmt. Environmental: No. ~ NOV 2 3 1999 EAB Meeting ........................................................................................... October 7, 1998 Page 3 Pine Flatwoods Pine Flatwoods - Hydric Most of the proposed project area is native habitat (94%). The project contains 200 acres of native uplands and 50 acres of native wetlands. Most of the uplands are pine flatwoods (160 acres). Impacts to the wetlands have been minimized as much as practical. The impacts include 2.1 acres to iow quality wetlands and 0.3 acres to high quality wetlands. The project proposes to preserve and enhance 37.8 acres of wetlands (mostly mangrove) and 7.4 acres of bay and marsh wetlands by eradicating exotics (Brazilian pepper). This area will be placed in a conservation easement. Additionally 10.2 acres of low quality wetlands will be enhanced by eradicating Brazilian pepper, melaleuca, and cattails. Exotic plants will be eradicated on 5.9 acres of wetlands and cordgrass and needle rush will be planted. Monitoring of the wetlands will be performed. The proposed water management system for the 267 acre project will consist of two lakes that will convey Naples Park and most of the projects treated stormwater to wetlands that are contiguous with the Cocohatchee River Outstanding Florida Waters. Although the EIS indicates the mangrove forest is predominantly black mangroves there is insufficient topography within the mangroves to evaluate possible impacts to the black mangroves. The project is subdivided into 3 basins which will treat the required volume of stormwater runoff for this project and the existing Wallman. The applicant is proposing to set lake control elevations at 2 ft below grade where possible. (The elevation for the lakes that convey the Naples Park drainage is already set by the existing system.) Applicant did not submit seasonal and historical high water tables for comparison. This project will be permitted by South Florida Water Management District. Gopher tortoise, little blue heron, tncolored heron, and snowy egret were the only listed species observed onsite. The birds will be impacted minimally becanse~of the wetland preservation. There were 810 active and inactive burrows gopher tortoise burrows observed by the consultant. The consultant indicates the burrows are densest (734 burrows and an estimated 61 tortoises) in 3 native habitats (pine flatwoods, scrubby flat woods, and xeric oak). The applicant indicates that tortoises will be relocated to onsite preserves. The project is proposed to utilize 105 acres of uplands and non-jurisdictional wetlands. The remaining 112 acres will be in preserve, golf course rough, or open space. There is also a commitment in the environmental impact statement (EIS) to maximize habitat values for native species in the preserves and open space. Areas of archaeological site potential within Section 21 have been identified on the County's Historical/Archaeological Probability Map as consisting of mangrove swamp and upland margin adjacent to the Cocohatchee River. Since no development is planned within the mangrove wetland, no archaeological investigation was conducted in that area. The survey conducted by Southeastern Archaeological Research, Inc., concentrated on the upland margin along the river where development will occur. A total of 80 subsurface shovel tests were exca~ archaeological sites or historic structures were discovered during the survey. l, lOV g 8 1999 EAB Meeting ........................................................................................... October 7, 1998 Page 4 RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-98-13 with the following stipulations: Water Management: 1. Prior to beginning £mal consmaction design, the developer's engineer should submit conceptual drainage plans to the County Water Management Department for its review and comment. 2. A SFWMD surface water management permit will be required. Environmental: Add the following stipulations to section 6.6 of the PLrD document. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida statues. Conservahon areas shall be dedicated on the plat to the project's association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida statutes section 704.06. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff. Petitioner shall comply with the guidelines and recommendations o~the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be subrmtted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. NO._ ./ · NOV 2 3 1999 EAB Meeting ........................................................................................... October 7, 1998 Page 5 PREPARED BY: s~lCAg CHRZA-NOWS~, P.E. SENIOR ENGINEER MAC HATCHER ENVIRONMENTAL SPECIALIST II DATE DATE 1~,I '~' //~/d,/d' s'TI~PI~EN LENBERGER ENVIRONMENTAL SPECIALIST II REVIEWED BY: ' v~)r,v~. ~:vc~, V.E. GINEERING VIEW MANAGER '~rl~XLD F. NIFO, AICP CURRE~ PLANNING MANAGER SL/h:/EABStaff Reports DATE DATE NOV 2 3 1999 APPLICATION FOR PUBLIC ]:[E,~G FOR: PUD REZONE Petition No.: Cor~m~sion Dis~cu Date P~fition R~e~veck Planner Assigned: A3OVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Harvest for Applicanfs Maiting Address 213 s. Applicant's Telephone # 630- 5 ! 0- 2381 · l%am¢ of Agent Rock Abouj aoude Agent's Mailing Address ~?oO ~,e.= City Lehiqh Acres State Agent's T¢Icphon¢# 941 - ~ ~ 9_~ 569 Humanitvt Inc. Wheaton Ave. Smte TI, ..... Zip Fax# 630-682- Firm AIM ~nqineerinc Surveying Fax# 941-332-8734 COLLIER COUPfTY COM3iT. rNITY DEVELOPMENT PLAM1NI~G SERVICES/CURR~NT PLANiN'IMG 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643--6968 API~'LIC..s, TI~OtW FOR I~U'RLIC FUFARIr'NG FOR P'~,'D R!~7'ONE -~,'~l Disclosure of Interest Information: If fl~r property iz owned fc~ .,-h~ple by m~ IND~U~ t~-nancy by the to=ahoy in co,r-~on, or joint umancy, list ail parties with m~ ownership ~ as well as the percentage of such intc-rc~ (Use additional sheets ifn~). P~rc.~g¢ of Own~ If the property is owned by a CORPORATION, Hst the of Sccr~ and stockholdcr~ and the percentage of stock ow~ext by e~ch and Address, and Office P~.rnl~g¢ of Stock If the property is in the marne of a TRUSTEE, list the beneficiaries of the trust with the p~'centage of interest Joseph Weinfeld Family Trust 4551 Gulf Shore Blvd ~805 Maples, FL 34103 Helen Weinfeld - Co Trustee_ George L. Seltzer - Co Trustee Lester and ~ry Persk-f Pcrcrnmgc of~ APPLICA'I"ION FOR PI/I~LIC RrEAR~G FOR PUD I~lr"~ON'E - ~W PAGE 2 OF [6 If the property is in the name of a GENER.AL or L~ PAR.~H/P, list the name of the general and/or Hrn~ted partners. If there is a CONTRA. CT FOR. PUR.~E, with an individual or individuals, a Corporation, Trustee, or a partnemhip, list the names of the contract purchasers below, includ~n~ the officers, stocldaoldem, beneficiaries, or partners. 213 S. Wheaton Ave. Wheaton, IL60187 Richard Noqaj, President Florence Nogaj, Sec./TreaSUrer P~mg¢ of ~p Or~.rd~iz~tio~ Date of Contract: , If any contingency clause or contract t~s involve additional parties, list all individuals or of Scers, ifa corporation, partnership, or trust. N~m~ :,-cl. A~ g. Date subject prope~'W acq~ (~) leased ( ):~/~/~ Term ofleasc ymJmos. If, Petitioner has option to buy, indicate date of option: 5_~28/99 t~',,{nates: , or anticipated closing date 10/15/99 and date option t<3'/2 3 GE ~ CF [5 .-f Should any changes of owners.hip or changes in contracts for purchase occur subsequent to the dat~ ofapplication, but prior to the date of the fmaI public hearin~ it is the responsibility of the applicant, or agent on his betmi~ to submit a supplemental disclosure of interest fonm. Detailed legal description of the property_ covered b_v the application: (Iff space /nadcq-.~,.,, attach on separat~ page.) If reque~ k~volves 'change to mor~ than one distr/ct, include sepaxate legal descdpt/on for property/nvolved/n each d/strict. AvpI/cant shall mabmit four (4) copies of a recent sm-roy (cx~pleted within the la~ s~x months, maximum I" ta 400' scale) iff required to do so at the pm-application m~dng. NOTE: The applicant is responsible for ~pl~g the con'ect legal description. If question~ arise conce~ingthe legal description, an en~-ee~s cert~cation or sealed a"~rvey ira ay be required. Seution: 32 Towmship: 46s Range: 29E Lot: N/A Block: N/A Subdivision: Plat Book N/APagd~.: N/A Property LD.#: 00073600000 Metes & Bounds Description-' SW 1/4 of NW 1/4 'less .apprc~c. 40 feet over south part of said premesis conveyed to State of Florida for road purposes and described in Deed Bcok 21, Page 541, Collier County records. S~e ofproperW; 1289.7~fc X 1298.7 f~. = Total Sq. Ftl .67~:o~7_K Acres ~.~_ j Address/general location of sub_~ect property: N.E. corner Lake Trafford Road and Carson Road Intersection. 6. Ad!aceut zoning and land use: Zoning Land use N residential Lake Trafford Road / residential vacant / residential Carson Road,.c~u~,erciai retail, utilities, S E W APPLICA'I-fObt FOR PUBLIC HKARI~G FOR ptrD RE'ZON'E - ~'~g Does the owner of the subj~t property own property contiguous to the subject property? If so, give complete legal descriptio" of eutire contiguous property. (/.f space is inadeq-~e, attach on separate page). NO Section: Township: Range:. Subdivision: Property LD.#: Lot: Block: Plat Book Page #: Metes & Bounds Description: Rezone Request: This appIication, is requesting a rezone from the zou g district(s) 'to the zo Sng district(s). - A-2 (.!~) Present Use of the Property:. o ~;'ac'ant Proposed Use (or nmge ofus~) of the pmpenT: Single family coa-',~nit~r housing, multi-f~aily housing, conservation area, mgriculturai. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of th6 Collier County Land Development Code, staff's analy~ and recommendation 'to the Planning . Commission, a~d the pl~nnk~g Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a nam~ve statement descffbing the rezone request with specific reference to the · criteria noted below. Include any backup materials and documentation in support of the request. Star,~n_rd Rezone Cons~_~crations t~LDC Section 2. 7.Z5) 1. Whether the proposed change will be co~ with the goals, objeatives, and policies andre land use map and the elem'e~ of the growth management plan. 2. I'he existing land use pattern. $. The possible creation of an isolated district unrelated to adjacent and nearby PAGE 5 OF I 4. I~Tzether ~isting di~-crlct b~es are illogicalIy drawn in reiation to exiszing condin'ons on the property for the proposed change. 5. TFhether changed or changing conditions make the passage o/the proposed (rezone) n~.~ssary. 6. i~,ther the proposed change will adver~e~ inflz~ce living conditions in the neighborhood. 7. ~ether the proposed change will create or exc. es~eIy increase traffic congestion or .. create types of traffic deemed incompatible with surrounding land uses, becavze peak volumes or projected types of vehicuLJr traffic, inclu~t~ ing ac~vity ~ construction phases of the development, or otherwise affe~pubtic safety. 8. Brhether the proposed change will create a drainage problem. 9. FFTnether the proposed change wilI seriousIy r~u~_e light and air to adjacent areas. 10. WTzether the propo~e.d change will seriously affect property values in the adjacent area. 11. TFhether the proposed change will be a deterrent to 'the improvement or development of adjacent property in accordance with existing regulations. 12. TYhether the proposed change will constitute a grant o/ special privilege to an individual owner as contrasted with the public welfar~ I3. Ptrhether there are substantial reasons why the property cannot be used in tlccordance with existing zoning. 14. BZhether the change suggested is out of scale with the needs of the neighborhood or the county. 15. ~frhether it is impossible to find other adequate sites in the county for the proposed use in distria~ atready perrnitling such us~ I6. Tlie physical characteristic~ of the property and the degree of site alteration which would be required to make the property usable/or any of the range of potential uses under the proposed zoning classi?.cation. 17. consistent with the levels o/service adopted in the Collier County growth rn~ The impact of development on the availability of adequate public facitities and PAGE 6 OF NOV 2 3 IBB9 plan and as defned and implemented through the Collier County A~e Public Facilities Ordinance [Code cI~'106, ar~ ff~, as'amended. I8. Such other factors, standards, or craeria that the board of county commissioners shall deem impora~t in tl~prote~on ofthelzublia health, safety, and we2far~ PUD Re?one Considerations fLDC Section 2. Z3.'2.5) I. The suitability of the area jeor the type and pattern of development proposed in relation to physical characteristics of the land, zTxrr~ing areas, traffic and acce.~, drainage, sewer, water, and other utilities. :" 2. Adequacy of evidence of unifed control and suitability of"any proposed ao~reements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the cora~'nuing operatt3n and maintenance of such areas and facilities, that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the p/oposed 2~UD with the goals, objectives and policies of the growth management pIan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrz'c~'ons on design, and buffering and screening requirements. .-. 5. The adequa~cy of usable open space areas in ~-istence and as proposed to s'erve the development. 6. The timing or sequence of development for the purpose of assu~ing the adequacy of available improvement~ and facilities, both public and private. 7. The ability of the z~ject prope~ and of surrotmding areas to accommodate ~vpansio~ Conformity with PUD regulations, or as to desirable modifications o/such reg~dations in the particutar case, based on determination that such modifcations of justified as meeting public purposes to a degree at least equivalent to literal application o.t'such regulations. PAGE 7 OF 6 FOR p~'IILIC HEARI]N'G FOR PUD ]~I~7~ONE - _nt~8 n... ,gq 10. 11. Deed Restrictions: The County .is Iegaily precluded fr~m ~f'orr/ug deed r~ricdons, ho.wcver, many communir~s have adopted such r~xictions. You may w~h to contact the c~vic or proper~ owners ass~on in thc area for which fi~s usc is being requ~ in order ~o ascer~n whether or not thc requc~ is affected by ~M.~ng deed rcstric~ons. Previous _l~d use petitious on the subject _oro_oert~_. To your k~owledge, has a public heating been held on thL~ property wi~r~ the last year? If so, what was thc natn~ of that' h~m-ing? NO Additional Submittal }'equirements: In addition to ~s completed application, the foHo~g s~ be ~~ M o~ for yo~ ~pHca~on to be d~ ~~2 ~ o~c ~v~ d~g ~e pre-~~on m~g. L a. A copy of~e pre-~pHc~on m~g not~; If tM.~ rezone' is being rcqucst~I for a specific use, provide fi_fteen (15) copies of a 24" x 36" conc~tuaI site plan [and one reduced 8~" x I1" copy of site plan], drawn to a maximum scale of 1 inch ~,~,)-~ 400 feet, depicting the following [Additional copies of the plan may be ~:&t~zested upon completion of staff cvaluation for dism'bution to the Board and various ad~dzory boards such as the Environmental Advisory Board (EAB), or CCPC]; · ail existing and proposed structures and the d~mensions thereof; · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), ~ · ali exist,' g and/or proposed parldng and loading areas [include matrix indicating required and provided parking and 1o_~41ng, including required parking for the · required yards, open space and prese~e areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. Aa m'cMtect~ai rendering of any propos~xi stractur~. do An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. PAGE 8 OF APPLI~A'FTO~ FOR FU'6L[(~ [:fFARllW~ FOR P?J'D Rk'~O~rE o ~/~_g N~¢ 2 3 !coo Whether or not an ElS is required, two copies o£ a r~cent aerial photograph, (token 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 boundaies. Such idendficaIion .,t,~,, be co~ with Florida Department..of Transpo~on Land Use Cover and Form-~ Clasaification System. Additi~,~ calculation of the acrea~ (or square feet) of native vegetation on site, by area, aha a calculation and locaion(s) of the required portion of native vegetation to be ta'escrved (per LDC Section 3.9.5.5.4.). f. Statement ofutility provisions (with ail requ/red ,tt,~hments and sketches); A Tra~c rmpact Statement crLs), unless waived at the pm-application meeting; A historical and archeological survey or waiver application if property is located wi~in an area of historical or archaeological probability (as-idcnti~ed at pre- application meeting); Any additional requirements as may be applicable to specific ~ndition~! Uses and. identified during fhe pre-application meeting, including but not limited to any requiz~ state or federal permits. FOR PUBLIC HI~ARrl~G FOR pLrD R~7'O~ - $/,~ PAGE TRAFFIC IMPA~ STATEMENT _fTIS): A TIS ~s required unless waived at the preiapplication meeting. The TIS required may be either a major or minor a.~ deterrnlned at the pre-application meeting. Please note the following wi.' .th regard MINOR TIS: Geaemlly ~ for mzon~ t~tuests for property less than I0 at:ms i~ s/ze, although based on the intea~ty or tmlque character of a peri'don, a major TIS may be mquir~ for petition of tea acres or le~. ]~2~,~Required for ail other rezoae requests. A minor TIS shall i~cIude the follo~t~g: Tr~p Generation: .A,~n~/Average D~y T~c (at b~d~ut) P~ ~o~ (~ P~ S~on D~ ~T VoI~ PSDT Vol~ ~ei ofS~ ~OS)' r~a~ of~e pro~sed ~e on ~ ~jor ~u~, ~ch~g ~y ~a~ ~ ~ I~eI of s~ ~0S). ~e~ ~ o~ p~o~g ~ o~ ~I ~ or o~ D~e my pmpo~ m ~ ~e ~g~e ~ oa ~e ~~ ~ ~I~~) oE~e ~ ~-~-~ P~ (G~), ~c~ ~ 1.3, 1.4, 4.4, 5.1~ 72 ~d 7~. .4. Major TIS shzll address all of the items listed above (for a 5fmor TIS, and shall also i-clude zn ~-~lysis of the follo~_ng: 2. 3. 4. 5. 6. Ba~ Traffic Through Pmpos~ Schednlc (Ph~/~g) of Development API~LIC-A'I'I'ON FOR Ptr~LIC IWI~ARIlWG FOR ~ R~ZON~ - ~_~3 PAGE I0 OF [6 2 3 1999 TRAFFIC IMlaAC'~ STA'I~I~NT CYI'S) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: .. e Trip Generation: Provide the total traffic generated by thc project for each link within the project's Radius of Development I~fluence (RDI) in cbnfomaance with the acceptable ~c ¢ll~ng pt4.IlcipI~. "thc rates ptlblished ill the late~ ~Iition Of' thc ln-etitut~ of Transportation En~rs (1TE) Trip Gene~at/on Report shall be used tmless documentation by.the petitioner or the Counly justifies the ns~ of all.native rat~s. Trip Assi~ment:. Provide a map depicting the assi~mcnt to thc n~rork, of those trips gc-ncral~ by thc propos~:t project. Thc assig~mc~ shall b~., made to ail links within thc RDL Both -~,_~! average and p~k s~aso~n! tra~c should be ~tcpicte~L Existin~ Traffic: Provide a map depicting the current tra~c conditionS on all link.~ with{n the RDL The AM)T, PSDT, and LOS sb-ll be depicted for ali links within the RDL Level of Service _(LOS): The LOS of a roadway shall be cxprcss~xt in t~ of the applicable Colli~r County C-~ncraliz~d Daily Service Vol,fmcs as set forth in thc TCE of thc GMP. Radius of Developm~ht Influence _(RI)D: The TIS shall cover thc least of the following two ar~as: a) an area as set forth below; or, the area in which traffic assi~o-nments from the proposed, project on the ma]or thoroughfares exceeds one percent of the LOS "C". ~ Distance ! R~sidcntiaI 5 Milcs or as reztuired by DRI Other (commercial, industrial, institutional etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. I00,000 - I99, 999 Sq. Ft. 200,000 - 399, 999 Sq. Et 400,000 & up 2 Miles 3 Miles 4 Miles 5 Miles 5 Miles In deacn'bhag thc RDI thc TIS shall provide thc measurement ha mad mile~ from thc proposed project rather tha~ a geometric radius. PAGE l I OF .'[. 10. Intersecfiou Analysis: An intersection analysis is required/'or ail intersections within the RDI where the sum of thc peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Back_t~'oand Traffic: The effects of previously approved bu~ undeveloped or'partially developed projects which may affect major thoro~ within the RDI of the proposed project shall be provided. Thi.~ infonnation shall be depicted on a map or, alternatively, in a tisting of those projects and their re~ecti~e c~cs. F~tare Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed'maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be ~or the projected development areas within the projects RDL A map or list of such lands with potential traffic impact calculations shall be provided. Thron~oh Traffic: At a minimum, increases in through tra~c shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be dedrable to include"-.any additional documentation and backup el~t~ to support the estimation as welL' Planned/Propos~ Roadway Improvements: All proposed or plamaed roadway /mprovements located with~ the RDI should be identified. A description of the funding commitments shall also be included. 11. Pro_iect Phasine_: When a project phasing schedule is dependent upon propo, sed roadway improvements,-,a phasing schedule may be included as part of the TIS. Ir'the t/affic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. ~ FOKM RVB/R.rM 10/17~Y7 STATEMENT OF UTILITY PRovISIONS FOR PUD REZONE REOUEST · NAM2E OF ~PPLICANT: l~rvest for 213 MAII.ING ADDRESS: CT~Y Wheaton STATE IL ADDRESS OF SUBJECT PROPERTY (IF AYAII,ABlr,E): Lake Trafford and Carson Road ~ S. Wheaton ~ue " ZIP 60187 LEGAL DESCRIPTION: Section: .32 Township: Lot: N/A Block: N/A Plat Book N/.~ Pa~e'#: ~let~ & Bounds De~c~pfion: in Collier County Florida, 46S Range: 29E Subdivision: PropertyI-D.#: 00073600000 SW 1/4 of the NW 1/4 of Sec. 32, T46S, R29E less approx. 40' over south part to State' of Florida for road purposes. (See attached deeds). TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable .,system): a. COUNT%~ UTILITY SYSTEM b. CITY IYrlLITY SYSTEM c. FRANCI~qED IJ/TL~ SYSTEM PROVIDE NAbfE Immokalee Water d. PACK~GE TI1E~TI~ENT PLANT (GPD capacity) e. SEPTIC SYSTEM & Sewer District TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM CITY UTILI/~ SYSTEM c. FRANCF~SED UTILI'rY SYSTEM PROVIDE NAbIE In. ok-alee Water & Se~-er District d. PR/VATE SYSTEM (WELL) APPt ~CAT~O~ FOR PtlltLIC HFARII~G FOR ~UD RL~OI~I~ - ~,~S [] [] PAGE TOTA~L POPULATION TO BE'SERVED: PEAK A1NI) AVERAGE DAFr.Y DEI%~/~DS: A. ~rATEI~-PEA.K 80.21' GPM AVER~GEDAII.¥.38~500 B. SE~]ZR-PEAK 8 0.2 f. GPM A~ff]~I~G~ DA~.Y 3s. 500 9. IF PROPOSIiNG TO BE COiN1NE~D TO COl.lIl~.R COU1NTY REGIONAL WATER SYSTEM~ PLF. ASE PRO~E ~ DA~ SER~'~ ~E~ TO BE ~Q~D: No . 10. N~~ STA~~: P~de a b~ef ~d ~nc~e ~ve ~~t ~d ~h~c ~g of s~age ~~t p~c~s to be ~ ~ well ~ a ~c ~~t r~g · e me.od of ~u~t ~d sludge ~os~ ~ p~l~on pon~ ~ to be ~ ~ p~t~on ~m ~d ~fl ~volv~ ~ be pm~d~ ~m t~ pr~ ~d ~~ by a prof~on~ 11. COLLIER COU!NTy. UTILITY DEDICATION STATE~: If the project is located wi*Ei~ the services bo6ndaries of Collier County's utility service system, written notariz.- statement shail be provided agreeing to dedicate to. CoLlier County Utilities the ware, distribution and sewage collection fac4lities within the project area upon completion of the construction of these facilities in acco~ce with ali .applicable County ordinances in effect at the a~ ~Eme. This statement shall also include an agreement that the applicable system deveIopment charges a~d connection fees wii1 be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicabIe, the statement shalI contain shall contain an agreement to dedicate the appropriate utility easements for scrag the water and sew~ system~, ' 12. STATEI~IE1NT OF AYAII,A,BILITY CAPAC1TY FROI~ OTlq~R PRO~fDEI~: UnIe~ waived or other~se provided for at the pr~-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicmfi~g that there is adequate capacity to serve the project shall be provided. PUD R EZON~ APPLICATION SUBMITTAL CHECKLIST TI:frS COMPLETED' ~CKLIST IS TO BE SUB~ WITH APPLICATION PACKET! REQ[TIREMENTS 1. Completed Application 2. Copy of Deed(s) and list identifying Owner(s) and all - Partners if a Corporation 3. Completed Owner/Agent 3ffidavig Notarized 4. Pre-application notes/minutes 5. Conceptual Site Plans 6. Environmental Impact Statement- (ELS) 7. Aerial Photograph - (with'habitat areas iden~fied) 8. Completed Utility Provisions Statement (with required attachmeaxts and sketches) 9. Traffic Impact Statement - (TIS) # OF COPIES REQUIRED 15 x 1 X X 15 ×- 15 4 x 4 x 4 4 10. Historical & Archaeological Survey or Waiver Application - 11. Copies of State and/or Federal Permits 12. Architectural Reac[ering of Proposed Structure(s) 13. Application Fee, Check shall be made payable to Collier County Board of Commissioners 14. Other Requirements - NOT Az thc auth~ agent/applicant for this petido~ I -_~,vg that all of th~ information indicmmd on t~i~ cheekier is included in this submittal package. I tmdmaxand ~ fa/lure to include all n~-~ry submittal ixffouaation may reaxtlt in thc dchy ofproce~s this pet/tiaa. We/f, RSchard ~ Florence N _oTa_~ being first duly sworn, depose and say that we. Fi am/are the ~ described herein and which is-the xabjec~, matter of the proposed ~g; that ail the answers to the questions in this application, including the discJixw~e of fnterest information, ali sketches, data, and other xupplementaz7 matter attached to and made a part of this application, are hone. rt and true to the best of our ~awledge and be. lief FFeII undemtand that the information requested on this application must be complete and aacurate and tAat the content of this form, whether computer generated or County printed Shall not be altereaL Public hea~.ngs will not be advertised una'l this application is deemed complete, and all required informaMon ;as been submitted. ~ property owner Weff farther authorize ~ Encineerinc & sUrV~Luqr Inc. to act as our/my representative in any matters regarding this Petition. HARVEST FOR HUMANI~, INC._____ F3~VEST FOR HUMANTTY,, INC. Signature of ~n~ract Purchasar$Signat~re of~X~'ontrac~ Richard Noq-aj, President Typed or Printed Name of Owner Florence Nc~"aj, Secret~ry./Treasurer Typed or Printed Name of Owner The foregoin~ instrument was acknowledged before me this o~ day of ~~_ J9 ~, by ~.~_~.t ~ ~ who is personally known to me or hd~ p~duced as identifl~cation. . State of FIorida County of LEE APPLICA'I'ION FOP. I"UBLIC HF. ARING FQR t"UD REZONE ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 6932N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-MHO" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HARVEST FOR HUMANI~ PUD FOR A PROJECT CONSISTING OF ll0 MIXED RESIDENTIAL DWELLING UNITS INCLUSIVE OF A DESIGNATED COMMON AGRICULTURAL USES AREA, AND THE SALE OF PRODUCTS GROWN ON THE AGRICULTURAL AREA AND COMPANION OFF-SITE AREA, AND ALLOWANCE FOR THE PUBLIC TO HARVEST PRODUCTS GROWN ON THE AGRICULTURALLY DESIGNATED TRACT, LOCATED ON THE NORTHEAST CORNER OF LAKE TRAFFORD ROAD (C.R. 890) AND CARSONS ROAD, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38.4+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Rock Aboujaoude of ALM Engineering & Surveying, Inc., representing Harvest for Humanity, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, is changed fi.om "A-MHO" to "PUD" Planned Unit Development in accordance with the Harvest for Humanity PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 6932N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Corm:fissioners of Collier County, Florida, this __ day of , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR[DA ATTEST: DWIGHT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, Chairwoman Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney PUD-99-19 ORDINANCE/R~/ts -2- Community Development and Environmental Services Division Harvest for Humanity A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING HARVEST FOR HUMANITY, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Harvest for Humanity, Inc. BY: AIM ENGINEERING & SURVEYING, INC. 5300 LEE BOULEVARD LEHIGH ACRES, FL 33971 DATE REVIEWED BY CCPC DATE APPROVED BY BCC OKDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL AREAS TRACT "A" ACTIVITY/VISITORS' CENTER TRACT "B" WATER MANAGEMENT/AGRICULTURAE TRACT "C" CONSERVATION EASEMENT TRACT "D" DEVELOPMENT COMMITMENTS PAGE i ll~lll 1-I thru 1-2 2-1 thru 2-5 3-1 thru 3-5 4-1 thru 4-2 5-1 thru 5-2 6-1 7-1 thru 7-5 TABLE 1 EXHIBIT A EXHIBIT B EXHIBIT 1 LIST OF EXHIBITS AND TABLES Residential Development Standards and Deviations - Page 3-5 PUD Master Plan & Location Map Water Management - Basin Map Conservation Easement STATEMENT OF COMPLIANCE The development of approximately 38.4 acres of property in Collier County, as a Planned Unit Development to be known as Harvest for Humanity, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Harvest for Humanity will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan as follows: The subject property is within the High Residential Land Use Designation as identified on the Future Land Use Map Immokalee Master Plan as required in Objective l, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. High Residential Districts are the preferred locations for the concentration of residential developments. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 2.8 dwelling units per acre is in compliance with the Future Land Use Element of Growth Management Plan. The subject tract is located on the northeast comer of the Lake Trafford Road and Carson Road Intersection. This strategic location allows the site superior access for the placement of a residential development. 10. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. l 1. The project will be served by a complete range of services and utilities as approved by Collier County. 12. 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. ii 13. 14. 15. 16. 17. The Planned Unit Development includes open spaces and natural ~eatures which are preserved from future development in order to enhance their natural functions and to serve as project amenities. A letter of water and wastewater availability from the Immokalee Water and Sewer District has been provided. The proposed project will also create employment opportunities to the residents of the development, in accordance with Policy II.3.2. The project will be supported by an owner/operated, offsite farm located on S.R. 29 and an onsite u-pick blueberry field and visitors center. The offsite farm will consist of blueberries, oranges and seasonal vegetables. The project has a dedicated 11.4 acre Conservation Easement along the northern boundary of the property. The purpose and intent of the development is to provide a unique and innovative alternative to the conventional residential development in the PUD District by creating a more varied, et~cient, attractive and economical residential development containing a more useable pattern of open space. It is intended to implement the growth management plan by, among other things, encouraging compact urban growth, discouraging urban sprawl, and encouraging the conservation of environmental resources. 111 I;OV 2 3 1C 3 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of Harvest for Humanity. 1.2 LEGAL DESCRIPTION The subject property being 38.4 acres, is described as: Section 32, Township 46 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT that portion deeded for State or County right-of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at Deed Book 21, Page 541. Southwest quarter (SW I/4) of the Northwest Quarter (NW 1/4) of Section 32, Township 46 South, Range 29 East, in Collier County, Florida, LESS approximately 40 feet over the south part of said premises conveyed to the State of Florida for road purposes and described in Deed Book 21, Page 541, Collier County Records. (See attached Location Map) 1.3 PROPERTY OWNERSHIP 1.4 The subject property is currently under the ownership of Joseph S. Weinfeld, Lester Persky & Mary E. Persky, 4551 Gulfshore Blvd. N., Apt. 805, Naples, FL 33940 (See Exhibit 7, Warranty Deed) and is under Contract to Purchase by Harvest for Humanity, Inc. GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the West ~ of Section 32, Township 46 South, Range 29 East. The project is located in the northeast comer of Lake Trafford Rd. and Carson Road in Immokalee. Bo The current zoning classification of the subject property is A-2(MH) with this request for rezoning to PUD. 1.5 PHYSICAL DESCRIPTION The project site lies within the natural drainage basin of Lake Trafford. The natural drainage of the site is in a southwesterly direction to the southwest comer of the site at the comer of Carson Road and Lake Trafford Road. The property currently drains to these roadside ditches with ultimate discharge to Lake Trafford. The application for development approval will include a detailed analysis of the intended water management plan. Water Management for the proposed project will include the required detention facilities. Elevations within the project site range fi.om 34 to 36 feet above mean sea level. Further, the depths to bedrock in the area varies fi.om some four (4) feet to more than twelve (12) feet. The entire site is in Flood Zone D according to the Firm Map. 1-1 . tqOV 2 3 /-//,. 1.6 The soil types on the site include Immokalee frae sand (approximately 80 percent), Pomello fmc sand (approximately 20 percent). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U. S. Department &Agriculture (Soil Conversation Service) in March, 1954. PROJECT DESCRIPTION The project shows unique and innovative design utilizing common open space areas, a common architectural theme, and a series of interconnecting sidewalks within the community for the homeowners. The common architectural theme will be used throughout the development, single family as well as multi-family, an activity center and visitors' center. The residential sections will have a centrally located activity center, basketball court, covered playground, park, gazebos and swimming pool for the recreation of the residents. In keeping with the Traditional Neighborhood Development (TND) concept, the single family section of the project will access their property via private garage access easements. These private garage accesses will be along the rear of the property with direct garage access. The garages may be attached to the structures and will be positioned abutting the private garage access edge of pavement. This will create a zero setback on the rear of the properties. The private garage access will be 28 feet in width. The single-family lots are conjoined by common sidewalks and open areas along their frontage facing the pedestrian/open space ways. This will create small block-type neighborhoods in order to create the "neighborhood" feeling within the project. The internal sidewalks will be four (4) feet wide, in accordance with Section 3.2.8.4.14 and Appendix B of the Collier County Land Development Code, and substitute the requirement for sidewalks/bike paths adjacent to the roadways. Additional off-street parking will be provided for visitors and guests of the development at the Activity and Visitors' Centers and in off-road parking areas in the zero lot line Patio Home area. The property will have a Homeowners' Association established for all common areas as well as private roadways, pedestrian/open space ways and private garage access. The homeowners' association documents will be prepared during the development plan stage of the project. Four (4) entrances to the development are proposed, two (2) located on Carson Road and two (2) on Lake Trafford Road. All four (4) roadways will be dedicated to the County for maintenance. These four (4) roadways will be utilized by residents and their visitors, visitors to the u-pick farm and visitors' center, observers to the conservation area as well as persons interested in information regarding the TND concept of development. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Harvest for Humanity Planned Unit Development Ordinance." 1-2 2.1 SECTION H PROJECT DEVELOPMENT REQUIREMENTS 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 COMPLIANCE WITH COUNTY ORDINANCES Ao Regulations for development of Harvest for Humanity shall be in accordance with the contents of this document, PUD-Planned Unit Development Disl~ict 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 County Land Development Code shall apply. 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. All conditions imposed and all graphic material presented depicting restrictions for the development of Harvest for Humanity shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD the provisions of any other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo Fo 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 at the earliest or next to occur of either £mal SDP approval, final plat approval, or building permit issuance application to this development. The Site Development Plan Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to the Harvest for Humanity PUD except where a deviation is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including use of land for the various tracts, is iljustrated graphically by Exhibit "A," PUD Master Development Plan. There shall be four (4) land use tracts, including a single and multi-family residential area, an activity/visitors' center area, necessary water management lake and agricultural u-pick area, and a conservation easement area. 2-1 TYPE TRACT 'A' TRACT'B' TRACT 'C' TRACT 'D' Residential Single Family & Multi-Family Activity/Visitors Center Water Management & Agricultural Area Conservation Easement ACREAGE 20.7 ACRES 1 .._~2 ACRES 5.__[1 ACRES .I 1.4 ACRES 38.4 ACRES Minor modification to all tracts, lakes or other internal boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit 'A,' such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary during the Site Development Plan approval stage. Standards for roads shall be in compliance with the applicable provision of Collier County Land Development Code regulating subdivisions, unless other, vise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 and 3.2.8.4.16.5 of the Collier County Land Development Code. The developer also reserves the fight to establish gates, guardhouses, and other access conu'ols as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. Lake setback requirements may be reduced pursuant to Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code. Utilization of lands within public rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. Minor Changes and refinements as described in Section 7 of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2-2 2.4 DESCRIPTION OF PROJECT DENS1TY OR INTENSITY OF LAND USE The gross project area is 38.4 acres allowing for 494 total dwelling units or 13 dwelling units per acre. The Developer is proposing a maximum of 110 residential dwelling units or 2.8 dwelling units per acre, single and multi-family, to be constructed in the total project area. A common architectural theme is proposed throughout the project including single-family, multi- family, activities/visitors' center which allows for additional reductions in the development standards in accordance with Section 2.6.27.4.6 of the Collier County Land Development Code. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to recording a Plat for all or part of the PUD, final plans on 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. Bo 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 property 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. 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 the issuance of a building permit or other development order. Do The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements in Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of in~astructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes, sales centers, mobile units and other uses and structures related to the promotion and sale of real estate such as, but not limited to pavilions, viewing platforms, gazebos, parking areas, tents and signs shall be permitted principal uses throughout the Harvest for Humanity PUD subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6. of the Collier County Land Development Code. Model homes shall be permitted in conjunction with the promotion of the Harvest for Humanity development. 2.7 ENTRANCEWAY The proposed development will have a signatUre entranceway identifying a common architectural theme development in accordance with Section 2.6.27.4.6.2. of the Collier County Land Development Code. ; 2-3 NOV 2 3 ]22::1 2.8 LANDSCAPE BUFFERS~ FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Harvest for Humanity development. The following standards shall apply: A. Fences or walls shall be maximum six feet (6') in height as measured from fmished grade of the ground at the base of the fence or wall. Landscape buffers, fences and walls may be consl~ucted along the perimeter of the Harvest for Humanity PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats or in a separate recorded instrument. C. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers. D. No landscape buffer shall be required between the Conservation Easement southern boundary and the development area. Landscaping buffers along the western property line shall be ten (10) feet in keeping with the reduced buffer for the open area within the Water Management/Agricultural Area and no required buffer for the Conservation Area along the western property line. 2.9 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE A homeowners' association shall be established for the project with documents being provided during the development approval process. The homeowners' association documents shall be in compliance with the Collier County Land Development Code, Section 2.2.20.3.8. 2.10 REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required prior to the commencement of construction or alteration of the land specifically requiring such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction, as provided in the Collier County Growth Management Plan and Land Development Code, exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall con~'ol relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are being processed by the appropriate agencies. 2-4 2.11 GENERAL PERMITTED USES 2.12 2.13 2.14 Certain uses shall be considered general permitted uses throughout the Harvest for Humanity PUD. General permitted uses are those uses which generally serve the Developer and residents of Harvest for Humanity and are typically part of the common infrastructure or are considered community facilities. OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 19~ acres included in the open space, conservation easement area, water management and agricultural areas and miscellaneous open space/buffer designations. NATIVE VEGETATION RETENTION REQUIREMENTS 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. This requirement is fully satisfied within the conservation easement area and no further preservation is required. SIGNAGE Ao All County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD document shall govern. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on Carson Road and Lake Trafford Road. V-type boundary marker monuments shall be permitted only at intersections. Eight (8) boundary marker monuments are proposed on-site. The Developer reserves the right to place more monument markers as deemed necessary by the Professional Land Surveyor. Boundary marker monuments may not exceed twelve (12) feet above the crown of the road. Lighting may be utilized provided all lights are directed toward the sign and are shielded. Do The size, dimensions and placement of boundary marker monuments and signs shall be in accordance with the Collier County Land Development Code. 2-5 /713 .I 3V 2 3 t223 3.1 SECTION IH RESIDENTIAL AREAS PLAN TRACT "A" PURPOSE The purpose of this section is to identify specific development standards for the areas designated on Exhibit 'A' as Tract A, High Density Residential according to the Collier County Future Land Use Plan Map for Immokalee. 3.2 MAXIMUM DWELLING UNITS The gross project area is 38.4 acres allowing for 494 total dwelling units or 13 dwelling units per acre. The Developer is proposing 110 residential dwelling units or 2.8 dwelling units per acre, single and multi-family to be constructed in the total project area. 3.3 GENERAL DESCRIPTION Areas designated as Tract "A" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreation and facilities, and customary accessory uses. The approximate acreage of the Tract "A" district is 20.7 acres. 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 Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreation and water facilities, utilities and other similar uses found in residential 3.4 PERMITTED USES AND STRUCTURES The cjustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code, and subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table lofthis document. No building or structure or part thereof, shall be erected, altered or used, in whole or part, for other than the following: A. Principal Uses for Residential Structures: 1. Single-family detached zero lot line patio home dwellings 2. Single-family detached villas dwellings 3. Single-family attached duplex dwellings 4. Single-family attached townhouse dwellings 5. Multi-family apartment dwellings 6. Any other principal use which is compatible in nature with the aforementioned uses and which the Development Services Director determines to be compatible in Tract 3-1 B. Definition of Residential Structures 1. Setbacks are measured from lot lines, tract boundaries, public or private streets or private garage access. 2. Open space area means development adjacent to lakes, conservation areas, parks, or agricultural areas. Detached Zero Lot Line Patio Homes: Detached single family dwelling structures on individually platted lots which provide a side yard on one side of the dwelling and no yard on the other. The front yard of the dwelling will face the living court and front along the common walkway in the living court. The rear yard of the dwelling abuts the private garage access easement. 4. Detached Villa Homes: Detached single-family dwelling structures utilizing traditional placement of dwellings. o Attached Single Family Townhouse: A group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another, and each unit is completely separated fi.om any other(s) by a rated firewall or a fire and sound resistant enclosed separation or space, and wherein each dwelling unit may or may not be on a separate lot under separate ownership. Attached Single Family Duplex: A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as a two-dwelling unit under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership. Multiple Family: A group of three or more dwelling units within a single conventional building, attached side by side, or one above another, or both, and wherein each dwelling unit may be individually owned or leased initially on land which is under common or single ownership. Cjustered Housine: A compact arrangement of dwelling units which allows for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. C. Accessory Uses: 1. Accessory uses and structures, customarily associated with principal uses in this tract, include but are not limited to private garages. Recreational uses and facilities may include but are not limited to a swimming pool, basketball court, children's playground area, common open areas, and gazebos, such uses shall be visually and functionally compatible with the adjacent residences whose occupants will have the use of such facilities. Storage Buildings Any other accessory use which is comparable in nature with the aforementioned uses and which the Development Services Director determines to be compatible in Tract "A'. 3-2 /:eib 3.5 DEVELOPMENT STANDARDS AND DEVIATIONS (See Table 1) A. General: All criteria listed below shall be understood to be in relation to respective residential boundary lines or platted parcel boundaries. B. Off-Street Parking and Loading Requirements: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Harvest for Humanity design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan approval as set forth in Article 3, Division 3.3 of the Land Development Code in accordance with the standards of the zoning district which is most similar to the proposed use. In the case of residential smactures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways, which are separate from any roads that serve the development exceeding 96 units. Visitors and over-flow parking for the zero-lot line patio homes will be provided at off- street parking areas as well as along the public roadway within the development as designated. The homeowners' association documents will estalJlish parking criteria and will be in accordance with the Collier County Land Development Code. Single family zero lot line dwellings are identified separately from villa homes, Single family detached dwellings with conventional side yards will distinguish these types for the purpose of applying development standards under Table 1. Zero lot line patio dwellings shall be del'reed as any type of detached single family sm~cture employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27. Pedestrian/open space ways will be located in an easement in the front of each Patio Home. Where homes front a pedestrian/open space way, property lines will be centered on the way with a sidewalk meandering through the way. Private garage access will be in an easement at the rear line of the Patio Homes: Property lines for each zero lot line patio home shall be determined from the centerline of the private garage access. Garages shall be positioned along the edge of the private garage access pavement. Private roadway widths may be determined on a case-by-case basis in accordance with Section 3.2.7.2 of the Collier County Land Development Code. Right-of-way widths may also be reduced in accordance with Section 3.2.8.4.16.5 of the Collier County Land Development Code. 3-3 ~--- K. Yard Setbacks Front yard setbacks shall be measured as follows: a.) If the parcel is served by a platted, public right-of-way, the setback shall be measured from the adjacent right-of-way line. b.) If the parcel is served by a non-platted private living court easement, the setback shall be measured from the center of the court at the lot line. Rear yard setbacks shall be measured as follows: If the parcel is served by a non-platted private garage access, setback is measured from the edge of pavement. Side yard setbacks shall be measured as follows: Zero lot line patio homes shall be a minimum often (10) feet on one side and zero on the other. Where the zero lot line homes abut the lot line, the adjacent home will be set back a distance often (10) feet from the lot line. For side yard setbacks for the single-family villa homes and multi-family dwellings, see Table 1. Accessory Buildings and Use Area Relationships Recreational land uses under patios, porches and screened-in sm]ctures may be considered acceptable up to the lot line under appropriate conditions. Development Standards for residential Areas are designated on Table 1. 3.6 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL Excavation of earthen material and stockpiling it to construct the water management facilities or to otherwise develop water bodies is hereby permitted. If after fill activities on buildable portions of the project there is a surplus of earthen material, then off-site disposal is also hereby permitted in accordance with Division 3.5 of the Collier County Land Development Code. 3-4 Table 1 RESIDENTIAL DEVELOPMENT STANDARDS AND DE¥.~ ATIONS Detached Attached Attached Detached Single Single Single Multi- Single Family Family Family Family Family Zero Lot Duplex Townhouse Apartments Villas Line Patio Homes Minimum Lot Area 3,000 3,000 (per unit) 3,000 N/A Minimum Lot Width 40 40 60 75 N/A Front Yard Setback 10 10 10 10 10 Rear yard Setback 10 10 10 10 10 (Principal) Rear Yard Setback 3 0 3 3 3 (Accessory) Side Yard Setback 5 0 & 10* 10 10 10 Maximum Height 35 35 35 35 50 Minimum Floor Area 1200 900 800 800 800 Minimum Distance 15 10 10 10 15 Between Principal Stmctures Notes: 1.) *The side yard setback shall be zero feet (0') or a minimum of five feet (5') on either side except 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 ora structure provided that the opposite ten foot (10') yard is provided, patios, porches, 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 Department with the application for the first building permit. This plan will be used to determine the 10 foot spacing requirement between slructures. 2.) The rear of Zero Lot Line Patio Home buildings face the private garage access easement. 3.) 4.) Section 2.6.27 Cjuster Development in the Collier County Land Development Code was utilized. In accordance with Section 2.6.27.4.6, a common architectural theme will be utilized, allowing for further reductions in the minimum lot area, lot width, yards and common open space areas. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. 3-5 SECTION IV ACTMTYNISITORS' CENTER TRACT "B' 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for the areas within Harvest for Humanity designated on the Master Plan as Tract "B". 4.2 GENERAL DESCRIPTION The area designated as Tract "B" on the Master Plan is designed to accommodate services, offices, retail and customary accessory uses. The approximate acreage of the Tract "B" area is 1.2 acres. This acreage is based on conceptual design 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 Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. The Activity/Visitors' Center tract is designed to accommodate open spaces, utilities, water facilities, gazebo, offices, a Collier County Polling Place, retail sales, and other similar uses found in Activity/Visitors' Center areas. 4.3 PERMITTED USES 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. Permitted Principal Uses at the Activity/Visitors' Center: Welcome/Greeting Area at Main Entrance a.) Greeting tourists to Harvest Blueberry U-Pick b.) Information dissemination on Harvest for Humanity, Inc., Traditional Neighborhood Design Concepts, Harvest Cooperative Farm, Harvest Landscaping, and the Harvest Blueberry Store. c.) Gathering area for Harvest neighborhood and community residents. d.) Computer access with Interact capability for use by Harvest neighborhood residents. Harvest Blu'eberry Store, Inc. Sale of U-pick blueberries during harvest season, fresh-baked blueberry products prepared on site, and blueberry related items such as books, stationary, coffee mugs, and T-shins. 3. Dining/Multi-Purpose Room a.) Harvest neighborhood resident meals during the week b.) Saturday night/special occasion meals c.) Sunday morning worship services d.) Adult education classes for Harvest neighborhood and community residents e.) Youth after school structured education activities for Harvest neighborhood and community residents. 4. Fully Equipped Kitchen a.) Preparation of retail baked goods for Blueberry store b.) Preparation of occasional meals 4-1 5. Children's Room A separate room for pre-school activities and possible daycare by established organization. 6. Property Manager's Office 7. Harvest for Humanity, lnc. offices and Conference Room 8. Harvest Landscaping, Inc. office Accessory uses and structures customarily associated with principal uses permitted in this district. 1. Collier County Voter Polling Place (optional) 2. Gazebo/Band Shell 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Tract "B" area. 4.4 DEVELOPMENT STANDARDS AND DEVIATIONS Ao Minimum Yard Requirements: Front Yard: Twenty five (25) feet or one-half the building height, whichever is greater. Side Yard: Fifteen (15) feet Rear Yard: Fifteen (15) feet 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 (50) feet D. Minimum distance between all other principal structures - Fifteen (15) feet E. Minimum distance between all other accessory structures - Ten (10) feet F. Minimum Floor Area - Seven hundred (700) square feet gross floor area on the ground floor G. Minimum lot or parcel area - Ten thousand (10,000) square feet H. Minimum lot width - Seventy-five (75) feet Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Harvest for Humanity design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights and floor area standards apply to principal structures. 4-2 5.1 PURPOSE SECTION V WATER M. NAGEMENT/AGRICULTURAL AREA TRACT "C" The purpose of this Section is to set forth the development plan standards for the area(s) designed as Tract "C," Water Management/Agricultural Area Tract on the PUD Master Development Plan, Exhibit "A." The primary function and purpose of this tract will be to provide aesthetically pleasing open areas, water impoundment and principal or accessory use areas. All natural trees and other vegetation as practicable shall be protected and preserved. 5.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Ao 5.3 A. Principal Uses and Structures: 1. Water Management Detention Area 2. Agricultural Site - U-Pick Area Accessory Uses and Structures: 1. Sidewalks 2. Gazebos 3. Storage building 4. Utilities, drainage facilities, lighting, parking facilities 5. Signage 6. Landscaping, landscape buffers, fences and walls, open spaces DEVELOPMENT REGULATIONS Co Buildings shall be set back a minimum of twenty (20) feet abutting residential districts and a landscaped and maintained buffer shall be provided. Setback fi-om the pond to the road right of way will be twenty five (25) feet. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. MAXIMUM HEIGHT 1. Principal Structure - 35 feet. 2. Accessory Structure - 35 feet. MINIMUM OFF-STREET PARKING AND LOADING Off-street parking for the water management/agricultural area parcels will be provided by off street parking areas. Visitor loading and unloading areas will be available adjacent to the roadways. No commercial loading areas are proposed at this time. 5-1 Fo AGRICULTURAL U-PICK AREA 1. The agricultural site U-pick area will be utilized by residents oft_he community as well as visitors to the community. The visitors may purchase products fi.om the agricultural field. 2. Irrigation and drainage systems will be provided per Section 7.7 and 7.8 of this PUD Document. 5-2 2 3 6.1 6.2 SECTION VI CONSERVATION EASEMENT AREA TRACT "D" PURPOSE The purpose of this section is to identify specific development standards for the areas designated on Exhibit "A" as Tract "D." DEVELOPMENT REGULATIONS Development regulations for Tract "D" are established in the recorded Conservation Easement documents for the property (Exhibit 1). Specifically, the Conservation Easement states that there will be no constructing or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures of any kind whatsoever on or above the ground of the Property. All regulations as established in the Conservation Easement will be adhered to during permitting and construction of the Harvest for Humanity development. 6-1 SECTION VII DEVELOPMENT COMMITMENTS 7.1 7.2 7.3 PURPOSE The purpose of this Section is to set forth the development commitments of Harvest for Humanity for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans 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 Division 3.2 of the Land Development Code shall apply to this project. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. Any successor or assignee to the Developer is bound by the commitments within this PUD. PUD MASTER PLAN 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 fmal and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time.' All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project during site development plan approval. The Development Services Director shall be authorized to approve minor changes and refinements to the. Harvest for Humanity Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier coUnty Growth Management Placn and the Harvest for Humanity PUD Document. The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1 of the Collier County Land Development Code. 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. 7-1 N57 2 3 B. The following shall be considered minor changes or refinements, subject to the limitations of PUD, Section 5.3.A.: 1. Reconfiguration of water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights-of-way. 3. Reconfiguration of residential parcels when there is no encroachment into the Conservation Easement Area. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staffto ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. Approval by the Development 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 constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 7.4 7.5 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. SUNSETTING PROVISION All PUDs shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 7.6 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Private garage access lanes rights-of-way widths shall be 28 feet. Private s~eets rights of way will be 28 feet. Four (4) foot wide sidewalks will be constructed on interior areas of lots and interconnected between residences within the single-family lots. The interior and interconnecting sidewalks will be constructed in lieu of roadway, adjacent sidewalk/bike paths. Co Payment of Road Impact Fees, unless waived, shall be in accordance with the applicable Ordinance, as amended, with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. Internal access between the Harvest for Humanity Activity/Visitors' Center and the Harvest for Humanity community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Harvest for Humanity ActivityNisitors' Center uses without requiring residents of Harvest for Humanity to exit the community. 7-2 7.7 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: Roadside and interiortot grassed swales are to be used to convey water within the project to the onsite detention area. Interior lot swales will convey drainage to rear private garage access with inverted pavement to connect to the roadside, grassed swales. Ultimate discharge for the project conforms to the water management requirements for Collier County. B. A copy ora South Florida Water Management District (SFWMD) permit or Early Work permit is required prior to construction plan approval. C. The rate of post-development stormwater discharge into Lake Trafford will be determined by the SFWMD during the surface water management permitting process. 7.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. In Tract "A," utility easements will be located along the front yards of the zero lot line patio homes. Villa homes and multi-family dwellings will have typical utility easement placings. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. C. The project will be served by central potable water distribution, fire protection and sewage collection facilities. D. Irrigation water will be provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water source. Water distribution, sewage collection and lransmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Immokalee Water and Sewer District criteria. Harvest for Humanity will be responsible for installing potable water and irrigation water service connections to distribution mains. Use of the services will be approved on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the Immokalee Water and Sewer District. The on-site water distribution system serving the project must be connected to the Immokalee Water and Sewer District water main available and adjacent to the project boundaries. The project Developer(s), his assigns or successors, may negotiate an agreement with the Immokalee Water and Sewer District for the use of treated sewage effluent within the project limits for irrigation purposes. The Developer is responsible for providing all on-site piping and pumping facilities from the District's point of delivery to the project. The Developer will negotiate to provide full or partial on-site storage facilities as required b the Florida Deparlment of Environmental Protection (FDEP) consistent with the volum, treated wastewater to be utilized. 7-3 I. A written statement has been obtained from Immokalee Water and Sewer District stating there are adequate facilities and capacities to serve the project. Within the Harvest for Humanity landscaping, sidewalks/paths will be allowed within utility easements including placement within three (3) feet ora utility line. Canopy trees may be located seven (7) feet from the utility line, being measured from the anmk of the tree to the centerline of the utility line. Reconstruction of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility lines will be the responsibility of the Developer, its successors or assigns. The Immokalee Water and Sewer District shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the utilities. The installation will be scheduled upon request of payment of fees and will be paid by the Developer, its successors or assigns. The installation will be in accordance with the approved plans and specifications and performed by the Developer's contractor. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the Developer annually based on meter installations. 7.9 ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: The buffering along the western property line shall be reduced to ten feet at the multi-family section to create a consistent buffering along the western property line. Portions of the western property line will be have a ten (10) foot buffer by utilizing the water management and agricultural areas as part of the buffer. The northwestern, northern and northeastern portions of the site require no buffer due to the conservation easement. No buffer is provided along private garage access. Private garage access will have garages situated at the edge of the pavement. B. Grassed swales will be utilized in lieu of curb and gutter systems in keeping with the non- partitioned approach to the development. C. Four (4) foot sidewalks will be constructed within the development. D. Four (4) entrances will be constructed for the development. Eight (8) entrance/development identification signs will be placed near the entrances. 7.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: The Conservation Easement conditions for the easement, as set forth in the recorded Conservation Easement, will be adhered to for the development. The Conservation Easement language shall be added to the homeowners' documents and shall be referenced on the final Site Development Plan/Plat and Construction Plans. In accordance with Policy 7.3.5. of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to Tract D, Conservation Easement Area. 7-4 This PUD shall comply with the guidelines and regulations of the U.S. Fish and Wildlife Service (FFWS) and the Florida Fresh Water Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to final Site PlardConstmction Plan approval. It is Staffs policy to allow the agencies 30 days to respond to our concerns regarding protected species on site. If Staffhas not heard back from the agencies by the end of the 30 day review period, they will review the plan themselves and require any necessary amendments prior to approval." The PUD shall be consistent with the Environment Sections of the Collier County Land Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. 7.11 ACCESSORY STRUCTURES Accessory structures shall be constructed in conjunction with the construction schedule in Section 3.4.A. 7.12 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping of off-su'eet 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. 7-5 -, NOV 2 3 ],i."-3 CDLLIER COUNTY L~BZO~T-6 £R ~43 RECDRDED '-,. 1758 001261 OR BOOK PAGE ASSIGNM]'~Tr OF CONSERVATION EAS~ by FLORIDA Gk~E & FRESHWATER FISH COMMISSION, as Assignor, to BOARD OF Assignee. FOR COUNTY COM2{.ISSIONERS, COLLIER COUNTY, GOOD AND VALUABLE CONSIDERATION, the Florida, as receipt and - _.j %'- ~:'.? 4,,-- sufficiency of which is hereby acknowledged between the parties, Assignor assigns and transfers to Assignee all of its rights, title and interest pe~aining to that Conservation Easement, dated the 24th day of January, 1992 executed by Assignor as Grantee and by JOSEPH S. WEINFELD FAMILY TRUST, LESTER PERSKY and M~Y E. PERSKY as Grantor, recorded in OR Book !683, Page 1084 of the Public Records of Collier County, Florida, subject to all conditions and terms contained in the Conservation Easement. ASSIGNOR COlr~KANTSthat it is the lawful and sole owner of the interest assigned hereunder and that it has performed all duties and obligations required under the tel-ms and conditions of the Conse~-vation Easement and that the Grantor of the-Conservation Easement, Joseph $. Weinfeld Family Trust, Lester Persky and Mary E. Persky, .are fully responsible tO maintain the easems all respects. 1 Em nt area in Wi=tosses as to Assignor: Printed Name of Witness ~itness FLORIDA GAME AND ?RESH WAT~ FISH CD.~MISSI ON By: Colonel Robert M. Brantly ~ Executive Director .......~/ 620 S~uth Meridian Street ' Tallahassee, Florida 32399-1600 Prim=ed Name of Witness STATE OF FLORIDA COUNTY OF LEON APPROVED AS TO' FORM The foregoing instrument was acknowledged before me this x~/ day of  , 1992 by .Colonel Roberc M. Bran=l~, Executive Director, Florida sh Wauer Fish Commission, who [~"~j !s personally known co me or who [ ] has produced driver's license ~ as identification and who did cake an oath. NoiSy Public 'Serial No. (if applicable) r~ bbl~ll~ ~_ ~ ..,.'..~-, . j ' ~ ', 'i'.. :_ :~. -, -" , '- ~-.".:;~' -- ---: (Official Seal) My Commission Expires: BOARD OF COLLIER COUNTY COLLi.~O~_~,~TY, m-LORI DA 3301 T~i~l _~ail EasZ Naples ~ 33962 ;;:'.-' CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EAS~ is made this ~ ay of ~.~u~-~ 1992, by and between JOSEPH S WEINFELD FAMILY TRUST, LESTER PERSKY, and ~ARY E. PERSKY, husband and wife, (hereinafter "Grantor") and FLORIDA GAME AND FRESHWATER FISH COMMISSION (hereinafter "Grantee" ). WITNESSETH: ~, Grantor is the owner of certain real prope~y located in Collier County, more particularly described in E¥_hibit "A" attached hereto and incorporated herein (hereinafter referred to as the "Property") , and -- WHEREAS, the Property is presently unimproved and includes /ands or water areas predominantly in their natural, scenic, open or wooded condition, and ~, the Grantor desires to perpetuate the Property in its natural state to be preserved as suitable habitat for fish, ~p!ants and wildlife consistent with the philosophies embraced in Section 704.06, Florida Statutes, dealing with Conservation Easements and in accordance with the provisions of the Trafford Highland Estates Long-Term Management Guidelines, Ey~ibit "B", attached hereto and incorporated herein. , NOW, T~:wU~k-ORE, in recognition of the foregoing, the Grantor does hereby grant to the Grantee a perpetual easement Property. ScoDe of Easement . The purpose of this easement is to preserve and conserve the present natural, scenic, open or wooded condition as a suitable habitat for endemic plants, trees, aquatic._. sh~ll be prohibited from ~he fauna, and wildlife. Grantor and Grantee following activities: Constructing or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures of any kind whatsoever on or above the ground or the Property. b) Dumping or placing of soil or other substance d) e) f) whatsoever or dumping or placing of trash, waste unsightly or offensive ma%erials . Removal or destruction of trees, shrubs, or other vegetation. Excavation, dredging or removal of loam, peaT, "!gravel, soil, rock or other material substance in such manner as to affect the surface. .. Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition- Activities detrimental to drainage, water conservation, management, water erosion control, soil conservation wildlife habitat preservati-on. 2 g) h) i) k) l) n) o) Acts or uses detrimental to such retention of land or water areas. .. Feeding by hmmmns of the Florida scrub jay, unless occurring as the result of placement of typica% ...... bird feeders/stations within residents yards. Feeders within the easement designated area. Off-road type vehicles. Only one vehicular access roadway is allowed into the easement area and this is to be used solely to allow access by authorized equipment related to fire control, safety, or approved monitoring or management activities. The farm gate wi!! remain closed and locked and secure at all other times. Hunting a~ivities. Roaming of house cats or dogs unattended or unleashed. Dumping, stock-piling, excavation or burying of any l~wn, hor~icultura! or building material-refuse. MOWing, pruning, . trimming or other types of alteration within the easement area except ~s allowed or approved by the Florida Game and Fresh Water Fish Commissi on supervision of a biologist\eoolo~ist who and under the direct qualified wildlife is r esponsibl e f or implementation of the management program. , , Removing of acorns from any-scrub oak w 3 7-. easement area. p) Plan~ing of slash pine, long-leafed pine, or liv~ omk anywhere within 66D feet of the easement area boundary. - ...... Remedies In the event of violation of any covenant contained in T_his easement, the Gran~ee shall be entitled to pursue all available legal and equitable remedies, including injunction. Maintenance Grantor shall maintain the easement area in all respects. Assignment, SuGcessors and Assigns It is expressly understood that t_he Grantee's interest herein shall shortly be assigned to a local governmental agency which will acquire all of Grantee's right title and interest hereunder. It is expressly agreed that Grantee may, in ~ts sole discretion, =rams=er this easement to anothe~ state or ~ocal governmental agency or to a charitable corporation or trust dedicated to the conservation and preservation of !and in its natural ~ . 4 IN WITh~-~$ W~EOF, the undersigned does execute.this Grant of Conservation Easement on the date first above written. GRANTOR: WitneSs No. 2 JOSEPH S. WEINFELD FAMILY TRUST By:',' ' LTI-~Stee Wi~De$~ Nm. 1 ~ ~ ' ~ ~, By: .. .--~/LJ~ /~- ~/.~/,/~ . George Seltze.r, Co-Trustee Hel_5~ -~i.nfel b~ Power of Attorney dated January 21, 1992 which Power of Attorney has not expired or been revoked. Wi~ness No? 1 z/"-"' - Lester Pets.ky' ! . ! /, Witness No. 2 Helen Weinfeld b~ Power of Attorney dated May 30, 1991 which Power of Attorney has not expired or been revoked wit ess Witness Atto~-ney dated May 30, .' which Power of Attorney expired or been revoked Mary E- Persky I _ · // // ~el~n~Weinfeld by ~ower of 5 NSV 2 3 T?3 Witness Witness No. 2 FLORIDA GAM~ & FRES~ATER FISH COMMISSION, Office of Environmental Se_~vices By: Bradley J- Hat,man, Director STATE OF FLORIDA ) COLrNTY OF ~o[tlt~ ) The foregoing instrument was acknowledged before me this ?~J3t day of ~~ , 1992 by HELEN WEINFELD, CO-TRUSTEE, who is N°t~ry Public "C- Prin~ed Name of Notary My Commission Expires: ~. ~,.l~%u~ STATE OF FLORIDA ) The foregoing instrument was acknowledged before me ~his day of ~oe;~_ ., 1992 by H~EN WEINFELD, ~der Power of Att6rney dated ~ 4a%. ~l , 1992, on behalf of GEORGE SELTZ~R~ CO-TRUSTEE, who is personally ~own to m~ and d~ take an oath. Printed Name of Notary Co~ission Expires: ~(. My STATE OF FLORIDA ) COUA~fY OF f~l~;r~ ) The foregoing instrument was acknowledged before me this ~/~' day of ~%o~.~.~ , 1992 by HELEN WEINFELD, under Power o---~ Attorney dated May 30, 1991, on behalf of LEST~ P~SKY, who is personally kno~ to me ~nd who di~ ~ke~~~n~D~th. ~. ~--~ ........ c. Printed N~me of ~ot~ry My Co~ission Expires: ~o~- STATE OF FLORIDA ) COUNTY OF ~[~lu~ ) The foregoing instrument was acknowledged before me this day of ~u~w~ , 199~ by Hm--LEN WEINFELD, under Power of Attorney dated Ma5r 30, 1991, on behalf of F~Y E. PERSKY, who is personally ~o~ to me and who did take a~. o~.~ ~otary P~ic Printed Name of Notary My Co~ission E~ires: . l W. STATE OF FLORIDA'~~ ) ~ COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1992 by B~Z~LEY J. ~LARTF~AN, as Director of the Office of ~nvironmental Services, FLORIDA GAME AND FRES-~WATER FISH CO.W~MISSiON, who is personally known to me and who did take an oath o Notary Public Printed Name of ~otary My Commission Expires: 7 NOV 2 3 F_k~IB IT "A" DESCRIPTION OF A CONSERVATION F2k~~ PARC~TJ IN TEE SOUTHWEST 1/4 OF THE NORTR92EST 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH, i~%]qGE 29 EAST, COLLIER COUNTY, I~12_TDA. CODfSEENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32, RUN NORTH 00'-55'-50" WEST 1330.58 FEET ALONG ~ WEST LINE OF SAID SECTION AND THE CENTERLINE OF CARSON ROAD; T~3KNCE NORTH 89'-17'-21" EAST 30.00 FEET' TO T~E E3~ST RIG~IT--OF-WAY LINE OF CARSON ROAD AND THE POINT OF BEGINNING; TMg~NCE CONTINUE NORTH 89'-17'-21" EAST 1298.70 FEET ALONG ~ NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORT"rr~'EST 1/4 OF SAID SECTION; THENCE SOUT?H 00'-51'-16" EAST 494.78 FEET ALONG THE EAST LINE OF THE SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE SOUTH 89'-17'-21" ~'EST 645.00 FEET; TH~_~NCE NORTH 00'-51'-!6" WEST 220.14 FEET; THENCE SOUTH 89'-17'-21" WEST 653.29 FEET TO THE EAST RIGHT--OF-WAY LINE OF CARSON ROAD; THENCE NORTH 00'-55'- 50" WEST 274.64 FEET ALONG THE SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 11.45 ACRES MORE OR LESS. EXECUTIVE SUMMARY PETITION VAC 99-014 TO VACATE A 15' WIDE DRAINAGE EASEMENT ALONG THE TRACT LINE COMMON TO TRACTS "K" AND "L", ACCORDING TO THE PLAT OF '~NORTHBROOKE PLAZA", AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT WITHIN TRACT "L" AS A REPLACEMENT EASEMENT. LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described 15' wide Drainage Easement and to accept a 15' wide Drainage Easement as a replacement easement. CONSIDERATIONS: Petition VAC 99-014 has been received by the Planning Services Department from C. Lane Wood, Esq., from Quarles & Brady, LLP, as agent for the petitioner, RSH of Naples, Inc. requesting the vacation of the above-described 15' wide Drainage Easement to accommodate proposed construction. They are also requesting that Collier County accept a 15' wide Drainage Easement as a replacement easement. All required improvements will be constructed within the replacement easement before a certificate of occupancy will be issued. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D.. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner 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 99-014 for the vacation of the above-described 15' wide Drainage Easement; and 2. Approve and accept the 15' wide replacement Drainage Easemem: and 3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record the replacement Drainage Easement documents and 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 plat. PREPARED BY: ~'~t~__ Rick Grigg, P.S.M. Planning Services Thomas E. Kuck, P.E., Engineering Review Manager REVIEWED BY: ~,.~-'x ll6be~Mulhere, AIC¥-~ Pl~anni~Services Department Dire~r APPROVED By:~/~~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE: DATE: AGENDA ITEM IT'F- NOV 2 3 1999 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 .9 RESOLUTION NO. 99- RESOLUTION FOR PETITION VAC 99-014 TO VACATE A 15' WIDE DRAINAGE EASE~ ALONG THE TRACT LINE GOMMON TO TRACTS "K" AND "L" ACCORDING TO THE PLAT OF '~qORTHBROOKE PLAZA", AS RECORDED IN PLAT BOOK 31, PAGES 65 THROUGH 66, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT WITHIN TRACT "L" AS A REPLAGEMENT EASEMENT. LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, C. Lane Wood, Esq., of Qunrles & Brady LLP, as agent for the petitioner, RSH of Naples, Inc., does hereby request the vacation of a 15' wide Dreinnge Easement along the tract linc common to Tracts "K" and "L", according to the plat of"Northbrooke PI~", as recorded in Pl~t Book 31, pages 65 through 66, Public R~ords of Goilier County, Florid~ to ~.e.~pt a 15' wide Dmin~e Faa-meat as a repise~-ment ~sement within Tract "L"; ~nd WHEREAS, the Btam5 has this day held a public hearing to consider v~c~ting s~id 15' wide D~inage Eam~m~nt, as more fully described below, ~nd notice of smd public heating to vacat~ was given as rsquired by law;, and WHEREAS, the granting of the vmmtion will not edversely aff~ct the ownership or right of convenient access of other property NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the following be and is h~r~by vmmted: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that thc 15' wide Drainage Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easement for the Drainage Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to re~ord a certified copy of this Resolution and the replacement drainage easement individually in thc Official Records of Collier County, Florida, and to make pwper notation of th/s vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved ~ to form and legal sufficiency: Man{i Scuderi - Assistant County Attorney BY: PAMELA S. MAC'KIE, Chairwoman &~A ITF. J~ NOV 2 3 1999 o.[. ~w~ ~ I I LS. ~0 ~ ~ACT-U (~r~-v4r)~ VAC~ (~ .~ , ~ ~ I I ;~ ~ ~ , , NO~: ,m, HA IBEEN RED?CED. ~ I '' P.O.C PLAT 100' C~NTY CANAL m [ m (~, ~ 44, ~$. 78 & 7~) I IMM~ALEE ROAD (C.R. 84~ 100' RIGHT-~-WAY PRINTED ~U~ 1 g 1999 ~ ~s ~ ~ ~. ~ ACCEDING TO ~E ~AT ~ERE~ RECTO ~ ~T ~ 31 AT PA~S 65 ~s~ ~ ~. N.~90'lT'W., AL~G ~E EAS~RLY UNE 3.) ~N~ ~ ~ ~ ~ ~T ~ ~ ~. ~.~ FEET; ~EN~ N.89~2'47'W.. A PONT ~ BE~NNING ~ A PLA~D ~NNA~ EA~MENT; ~[N~ N.Bg~2'47"W., A ~STAN~ ~ 15.~ ~ET; ~ N.~90']7'W., A ~ST~ ~ 2~.~ ~T; ~ST~ ~ 2~.~ ~ET TO ~E P~NT ~ BE~NNING. THIS IS NOT A SURVEY ~. ~,~. ~ ~ LEGAL DESCRIPTION/SKETCH ~s~su~wo~ ~ ~ ~' ~AC~"K"& "L~NOR~EBR~KEP~ I~2-ARAILH~D:BLV~ 1 [4 Return to: Board of Collier County Commissioners This instrument prepared by: Leo J. Salvatori, Esq. Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 DRAINAGE EASEMENT Exhibit "B" Sh~ lof3 VAC 99-014 THIS EASEMENT, granted this jOTM day of August, 1999, between RSH OF NAPLES, INC., a Florida corporation, as GRANTOR, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and 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 drainage facilities, on the following described lands being located in Collier County, Florida, to-wit: (See attached Exhibit "A" which is incorporated by reference herein) TO HAVE AND TO HOLD the same unto said 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 drainage facilities thereon. GRANTOR and GRANTEE are used for singular or plural, as the context requires. QBNAPH92991.1 AGENDA ITEM NOV 2 3 1999 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered VAC99-014 in our presence: Printed Name By: (Corporate Seal) RSH OF NAPLES, INC., a Florida corporation STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this. ~ ~ day of August, 1999, by Robert S. Hardy as President of RSH of Naples, Inc., who is personally known to me. Si~ture ~:)tary I~f-t~li~ - -- TRUDY A, Name of Notary, Printed, Typed or Stamped My Commission Expires: QBNAIAI92991.1 -2- A6ENDA I', NOV 2 3 1999 ttt ~ ~ cnmme, t ' ' ' VAC 99-014 · .to ,,~ ~, ~ ..... ,,="'t ~ I I ~ ~ ~ ~ACT-U , i ~ ~ I m I I · , · i {: . ~{l:.. .:l . .:i ~ ' ' :i ~x ii {i 1, ~u~ ,, I , ~ ~ ~l 1' = ~ l:, I I ' '~,,~ ~q, .~ il, ~ ,: , ,, I {lO' 1~' C~N~ CANAL ~. ~ 44, ~ 78 & 7~) IMM~ALEE ROAD (C.R. 846~' lffi' RI~T-~-WAY PRINTED AU~ 1 2 1999 ~ ~ ~T A SUR~ ~~.~~~ . ~~~~~,~~~ ~'~~ ~ ~(~...~..=. -- 1 Attachment "B" PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: ~:p~, ~. Petition #: ~/~ Petitioner: RSH of Naples, Tnc. Address: 10641 Airport Road N., Suite 32 Telephone: 593-3883 City/State: Naples, FL Zip Code: 34109 Agent: Quarles & Brady LLP Address: 4501 Tamiami Trail Noz~ch, Suite 300 Telephone: 262-5959 City/State: Naples, FL Z~p Code: 34103 Address of Subject Property: Northbrooke Plaza, Tracts J,K&L (N. side o£ Immokalee Rd, E I-7 Location: Section 19 Township 48 Range 26 Subdi~ision:No~thbrooke Plaza Tra~ts Legal Description: .L~.X J.K.L . Block Unit Plat Book 3~ Page(s)65-66 . Vacate and revise exis_ting drai.nage, and la. nds.cape, buf£er easeme-'- i Rcason for Request. connection with a simultaneous zo~ line aojus~ment Current Zoning: PUD ' Does this affect density? No "' I her~ me for this petition: Yes Robert S. Hardy, as President of RSH of Naples, Inc. [] No Date Print Name (Title) Please see "Pofley and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department -- 2800 North Horseshoe Dr. Naples, Florida 34104 (l) (2) (3) (4) Attnchlngnt'B' Page 4 of 4 If applicant is a land trust, indicate the name of beneficiaries. If appflcant is a corporation other than a public corporation, indicate the nme of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, principals. List afl other owners. Pt._ F'~ _ Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official ReceiFt V,~ C.. C~. ~) I ~- iTrans Number 152737 Date Post Date 09/09/1999 11:37:42 AM 09/09/1999 Payment Slip Nbr MS 59161 RSH OF NAPLES INC Payor' RSH OF NAPLES INC Fee Information Fee Code 12 PVAC Description PETITION TO VACATE GL Account 11313890032910000000 Total Amount Waived $1000.00 $1000.00 Payments Payment Code AccountJCheck Number Amount CHECK 2120 $1000.00 Memo: Easement Vacation Check No. 2120 Total Cash $0.001 Total Non-Cash $1000.00 Total Paid I $1000.001 Cashier/location: TERILLA_J / 1 User: AKERS_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:09/ GUY L. CARLTON, C. F, C. COLLIER COUNTY TAX COLLECTO£ COURTHOUSE COHPLEX - BUILDING C-1 NAPLES, FLORIDA 34119-4997 HILL CODE 98 ESCROW CODE 0000 R S H OF NAPLES INCOI~PORATION 6289 BUP~H/~4 Road NAPLES FL 341198407 TIHE: Honday, August 30, 1999 12:18 PH FAX: 9414344939 NUMBER OF PAGES (INCLUDING THIS PAGE) I DISCOUNT F, ARHED AHOUNT DUE VALUE ASSESSED §, 927,4SS ~fS TD AGRI 372400 AGRICLTRS493499 1998 COLLIER COUNTY NOTICE 0FADVALOREM TA~S AND NON-ADVALOREMASSESSMENTS 4% IN NOV 3% IN DEC 2% IN JAN 14 IN FEB 0% IN MAR 6131.19 6195.06 6258.93 6322.79 6386.66 AUTHORITY AMOUNT AD VALOREM TAXES COUNTY 1558.90 SCHOOL-STATE 2562.08 SCHOOL-LOCAL 1130.89 CITY .00 DEPENDENT 350.72 WATER MGT. 243.88 INDEP. SPECIAL 518.71 VOTER APPR. DEBT 21.48 TAXABLE 433,956 PROPERTY ID~ LEGAL DISC. 19 48 26 THAT 39.90 ACRE LOCATION: HA. 000100 PAID - 12/18/98 6195.06 REC# 10448 . 8 NON-ADVALOREMASSESSMEHTS C~fBINED TOTAL 6386.66 00184160808 PARCEL DESC IN OR 2387 PG 188 T~ ¢I]_LI~CTC~ A~A ITE. A NOV 2 3 GUY L.CARLTON, C.F.C. COLLXEI COUMT~ TA~ COI%ECTOR COURXHOUSE CO~aPLEX - BdXLDXNG C-1 NAPLES, FLOR/DA 34112-4997 HILL CODE 98 ESCRO~CODE 0000 NOKTHBROOKE DEV LD~ITED 4158 LORP. AINE avenue MAPLES FL 341044737 TIHE: Honda¥, August 30, 1999 12:22 FAX: 9414344939 MUIflBER OF PAGES (IMCLUDIMG THIS PAGE) i DISCOUNT EAP, I~D AMOUNT DUE VALUE ASSESSED 2,042,359 ~fSTD AGRI 10874 AGRICLTR2031485 1998 COLLIER COUNTY NOTICE OF AD VALOR~( TAXES Al~ MON-AD VALORI'~ASSESSMEMTS 4% IH NOV 3% IN DEC 2% IN ~AN 14 IN FEB 0% ZN MAR 153.63 153.23 156.83 138.43 160.03 AUTHORXTY AMOUNT AD VALORI~f TAXES COUNTY 39.06 SCH00L-STATE 64.20 SCHOOL-LOCAL 28.34 CITY .00 DEPENDENT 8.79 WATER MGT. 6.11 INDEP. SPECIAL 12.99 VOTER APPR. DEBT .54 TAXABLE 10,874 PROPERTY ID# LEGAL DISC. 19 48 26 E1/2, LESS S 100FT LOCATION: NANORT~R00KE DR 3016 PAID - 11/30/98 153.63 REC# 42620 . 9 NON-ADVALOREMASSESSMENTS COMBINED TOTAL 160.03 00184080001 CAN R/W, LESS OR 36§ PG410-413, LESS 88.94 AC DI AUG 30 1999 12128 TI:tX COLLECTOR AGENDA ITF..M NOV 2 3 19 9 RETUR~ ~: STEWART & KEYES P. O. DRAWER 790 FORT MYF_.R~. FL 33902-0790 THIS INSTR~ PREPARED BY: Wn.LIAM L. STEWART, ESQUIRE STEWART & KEYES P. O. DRAWER 79O FORT MYERS, FL. 339O2.079O PROPERTY APPRAISER'S PARCEL I.D. (FOLIO) NUMBER(S): 00183800004, 00184080001 & 0018392000'/ 2317793 OR: 2418 1614 ~ t~ OI~IClAL IICOtH ef ~OM, III ~ ~ il.M 4Hi ~ ~ I fin ~ ~ c qq-o;4. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED Made this ~.~ day of MAY, A.D., 1998, BETWEEN: RICHARD K. BENNE'I'I', Successor Trustee of Land Trust No. 5405, dated August 22, 1986, of the County of Collier, in thc State of Florida, hereinafter called grantor, and R. S. H. of Naples, Inc., a Florida corporation, whose correct address is 6289 Burnham Road, Naples, Florida 34119, of thc County of Collier, in the State of Florida, hereinafter called the grantee. WITNESSETH that the said grantor, for and in consideration of the sum of Ten Dollars and other valuable considerations to him in hand paid by the said grantee, thc receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, his heirs and assigns forever, the following described land, situate lying and being in the County of Collier, State of Florida, to-wit: A parcel of land located in the Southeast Quarter (SE ¼) of Section 19, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast comer of Section 19, Township 48 South, Range 26 East, Collier County, Florida; Thence nm South 89° 34' 36: West along the South line of the Southeast Quarter (SE %) of thc said Section 19 for a distance of 100.00 feet; thence nm North 00° 42' 54" West parallel with the East line of the Southeast Quarter (SE %) of the said Section 19 for a distance of 100.00 feet to a point on the Northerly line of a 100.00 foot County Canal easement and the POINT OF BEGINNING of the parcel of land herein described; Thence continue North 000 42' 54" West parallel with the East line of the Southeast Quarter (SE %) of the said Section 19 for a distance of 1,243.75 feet; Thence nm South 89° 17' 06" West for a distance of 450.00 feet; Thence run North 45° 45' 00, West for a distance of 200.00 feet; Thence nm North 28° 38' 00" West for a distance of 321.01 fe~; Thence nm North 78° 55' 38" West for a distance of 544.92 feet to the Northeasterly comer of a drainage easement recorded in Officiai'Record book 365 at page 414 of the Public Records of Collier County, Florida; Thence mn South 01° 37' 19" Emt along the Easterly line of said drainage easement for a 1999 distance of 442.73 feet to the baginmng of a tangential circular curve concave to the East; Thence nm Southerly along the arc of said curve to the left, same being the Easterly line of said drainage easement, having · radius of 2,650.79 feet through a central angle of 10° 32' 08", subtended by a chord of 486.74 feet at a bearing of South 06° 53' 23" East, for a distance of 487.43 feet to the end of asid curve; Thence run South 12° 09' 27" East along the Easterly line of said drainage easement for · distance of 675.77 feet; Thence nm South 48° 49' 40" East along the Easterly line of the said drainage easement for a distance of 279.67 feet to · poinl on the Northerly line of a 100.00 foot'County Canal Easement; Thence nm North 89° 34' 36" East along the Northerly line of the said 100.00 foot County Canal easement for a distance of'$73.61 feet to the POINT OF BEGINNING. LESS AND EXCEPTING · I00 foot wide strip of land located in the East Half (E ½) of Section 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, more particularly described in that certain Deed from NationsBunk of Florida, N.A., Trustee under Land Trust 5405 to Roberi S. Hardy recorded in Official Records Book 1799, Page 2330, Public Records of Collier County, Florida. Subject to easernent~, reservations or restrictions of record. Bearings shown herein refer to those shown on the State of Flor/da Department of Transportation Right-of-Way Map for Florid· State Road No. 93 (Interstate 1-75) Section 03175-2401. Said property is vacant and unimpwved and is not the Homestead of the grantor. And the said grantor does hereby warrant the title to said lands, and will defend the same, against the lawful claims of all persons whomsoever claiming or to chim the same, by, through or under the grantor herein. IN WITNESS WF~R.EOF, the said gr·ntor has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered (Sesl) · RICHARD ff.. BENNETT, SuCceSS°r ~ ~~... ~ Trustee of Land Trust No. 5405, dated August 22, 1986 3033 Rivier· Drive Naples, Florida 34103 STATE OF FLORA coum OF Cotlle. The foregoing SI~x:ial W~'r~ty D~xl was acknowledged before me this ~'~ day of MAY, 1998, by RICHARD K.J~NNETT, Suee~sor Trustee of Land Tn~t No. 5405, dated August 22, 1986, [~ho is pe~on~ll¥ known to me or [ ] who has produced his Florid· Driver's identification. License Number · ~"~tayPub~i Sc..~ of Fl6rida as [SEAL] AC~ENOA ITEM NOV 2 ps. LIST OF ABUTTING AND OTHER PROPERTY OWNERS WITHIN 250 FEET OF PROPOSED VACATION o 4- Name: Address: Zip Code: Parcel Number: R. D. WILL COMPANY 2552 South Forrest Heights Springfield, MO 65809 65809 Not yet available (All of Tract "N" and the Easterly 63 feet of Tract '0", Northbrooke Plaza) NaiTle: Address: Zip Code: Parcel Number: RSH of Naples, Inc. 10641 Airport Road North, Suite 32 Naples, FL 34109 00184160808 Name: Address: Zip Code: Parcel Number: Northbrooke Development Limited 4158 Lorraine Avenue Naples, FL 34104 00184080001 QBNAP~193227.1 AC..iEN;D A ITEJ NOV 2 3 Pg. ,/~? Mr. John H. Boldt, P.S.M., P.E. Director Collier County Stormwater Management 3301 East Tamiami Trail Naples, FL 34112 Barnett Center Suite 300 4501 Temiami Trail North Naples, Florida 34103-3060 941/262-5959 FAX 941/434-4999 http://www.quarles.com August 16, 1999 Attorneys at Law in Milwaukee and Madison, Wisconsin West Palm Beach and Naples, Rorida Phoenix, Arizona Naples Attorneys James T. Demarest Robert E. Doyle, Jr. Ulliana M. Farinas Timothy G. Hains Samara S. Holland John D. Humphreville Kimhedy L Johnson Edmond E. Koester Susan B. Kubar Usa C. Lottes Thomas E. Maloney F. Joseph McMackin, III Mark H. Muller David L Petersen Lee J. Salvatori C. Lane Wood Re: Vacation of Platted Drainage Easement Dear Mr. Boldt: Our firm represents RSH of Naples, Inc. ("RSH"), the owner of Tracts J, K and L at Northbrook Plaza. We have been engaged by RSH to act as the authorized agent on the corporation's behalf in connection RSH's petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts K and L. The vacation and relocation of the subject easement will coincide with a lot-line adjustment currently under way whereby the eastern 20 feet of Tract L shall become part of the whole of Tract K. Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our client's petition by means of a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if you should have any questions. Respectfully, QUARLES & BRADY LLP C. Lane Wood TITE UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts J & K at Northbrooke Plaza as described hereinabove and depicted in the attached Exhibits "A' and "B.' CLW:dnj Enclosures Signature: Printed name: Title: QBNAP\191658.1 NOV 2 3 Mr. Ed Kant, P.E., Director Transportation Department 3301 East Tamiami Trail Naples, FL 34112 Barnett Center Suite 300 4501 Tamiami Trail North Naples, Rorida 34103-3060 94]/262-5959 FAX 941/434-4999 http~/www.quarles.com August 16, 1999 Attorneys at Law in Milwaukee and Madison, Wisconsin West Palm Beach and Naples, Florida Phoenix. Arizona Naples Attorneys James T. Oemarest Robert E. Doyle, Jr. Lilliana M. Farinas Timothy G. Hains Samara S. Holland John D. Humphreville Kimberiy L Johnson Edmond E. Koester Susan B. Kubar Usa C. Lottes Thomas E. Maloney E Joseph McMackin, III Mark H. Muller David L Petersen Leo J. Salvatori C. Lane Wood Re: Vacation of Platted Drainage Easement Dear Mr. Kant: Our firm represents RSH of Naples, Inc. ("RSH"), the owner of Tracts J, K and L at Northbrook Plaza. We have been engaged by RSH to act as the authorized agent on the corporation's behalf in connection RSH's petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts K and L. The vacation and relocation of the subject easement will coincide with a lot-line adjustment currently under way whereby the eastern 20 feet of Tract L shall become part of the whole of Tract K. Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our client's petition by means of a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if you should have any questions. ,-o Respectfully, QUARLES & BRADY LL.P C. Lane Wood Tl~E UNDERSIGNED does hereby consent and has no objection to the proposed vacatima a~,.~ relocation of the platted drainage easement between Tracts J & K at Northbrool~e P h ereinabo ve and depicted in the attached E xhibits"A" and "B~__~,/.~.~/j~k z Signature: Title: bed CLW:dnj Enclosures QBNAP\lg165B.1 NOV 2 3 12.,°9 Mr. John R. Houldsworth Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 Barnett Center Suite 300 4501 Tamiami Trail North Naples, Florida 34103-3060 941/262-5959 FAX 941/434-4999 http~/www.quarles.com August 16, 1999 Attorneys at Law in Milwaukee and Madison, Wisconsin West Palm Beach and Naples, Rorida Phoenix, Arizona Naples Attorneys James T. Demarest Robert E. Doyle, Jr. I illiana M. Farinas Timothy G. Ham Samara S. Holland John D. Humphreville Kimberl¥ L Johnson Edmond E. Koester Susan B. Kubar Lisa C. Lottes Thomas E. Malone¥ F. Joseph ldcMackin, III Mark H. Muller David L Petersen Leo J. Salvatori C. Lane Wood Re: Vacation of Platted Drainage Easement Dear Mr. Houldsworth: Our firm represents RSH of Naples, Inc. ("RSH"), the owner of Tracts J, K and L at Northbrook Plaza. We have been engaged by RSH to act as the authorized agent on the corporation's behalf in connection RSH's petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts K and L. The vacation and relocation of the subject easement will coincide with a lot-line adjustment currently under way whereby the eastern 20 feet of Tract L shall become part of the whole of Tract K. Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our client's petition by means of a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if you should have any questions. Respectfully, QUARLES & BRADY L~P C. Lane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts J & K at Northbrooke Plaza as described hereinabove and depicted in the attached Exhibits "A" and "B." ~ Signature: ~2~ ~ Printed name: ...~-~ l~,c>,o~c~'ol,~t)Xx"e.."[t4 Pg. /g COLLIER COUNTY GOVERNMENT PUBLIC W0gKS DB~SION August 30, 1999 Mr. C. Lane Wood Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, FL 34103-3060 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 732-2575 FAX: (941) 732-2526 Re: Vacation of Drainage Easements, Northbrooke Plaza Dear Mr. Wood: This office has reviewed your request to vacate the above-referenced drainage easement. The Collier County Water-Sewer District has no facilities within this area and we, therefore, have no objection to the vacation oft he drainage easement. Should you have any further questions, please feel flee to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician CC: Edward N. Finn, Public Works Operations Director Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development AGENDA ITEM NOV 2 3 FROM : PORT OF TH~ ISLANDS CONST PHONE NO. : 9~159751~? SF.P 18 19c:d9 12::37 FR QL.I:IK.E~ BI~qDY I_I_P 941 4.34 4949 TO · ..IdmMO Idbddm nd Mldmm, ibmuin .~.~ ~11 ?mMliTM Ik~ w~f Pdm B~ mi NBIdN. Rmtl~ Our f, rm ~l~eoent~ RSI-I of Naple~ Inc. ~, ~ ~ of~ 3, [ ~d L ~ wholc ofTmot ~ P~ ~ ~ b I~ ~bi~ 'A" ~ ~" ~~ ~d d~ ~c ~t ~ you ~c a~, ~ ~'a ~ ~. r~Ui~ ~ ~i~ ~-o~d~ ~ ~em~t ~ ~ ~~dge o~ oli~t's ~ ~ ~ offn '~o 0~~' ~. ~e, we r~ly ~st ~t you ~ica2 y~ ~t ~ ~o a~vo4olm~od vic~ ~d rcio~ by m~ua of yo~ ~~ ~ ~ ~ you ~ ~ f~ y~ p~t a~ m ~ ~. PI~e do not ~ ~mct ~ o~ce Myou ~o~ ~ve ~y q~s. QUARL~S & BRADY LLPi UNDERSIGNED does hereby co~e~! and ha0 no objection to the proposed vacation and reloca~on of the planed dratnaie easement between Tram J & lC-+ lqoFthbrooks Plaza sa dMeribed horetnnbove and depicted in tho altncbed Exldbtts "A" and C&.'eW~dmJ -. ..: ~.-. ,::: QuarleslBmaS, Mr. J. W. White Construction Services Florida Power and Light Company 4105 15th Avenue SW Naples, FL 34116 Barnett {~enter Suite 300 4501 Tamiami Trail North NapJeso Florida 34103-3060 941/'262-5959 FAX 941/434-4999 http.'fl'www.q uarles.c om August 16, 1999 Attorneys at Law in Milwaukee and Madison, Wisconsin West Palm Beach and Naples, Rorida Phoenix, Arizona Naples Attorneys James T. Demarest Robert F_ Doyle, Jr. I illiana M. Farinas Timothy G. Hains Samara S. Holland John D. Humphreville Kimberly L Johnson Edmond E. Koester Susan S. Kubar lisa C. l.ott~s Thomas E Maloney F. Joseph McMackin, III Mark H. Muller David L Petersen Leo J. Salvatori C. Lane Wood Re: Vacation of Platted Drainage Easement Dear Mr. White: Our firm represents RSH of Naples, Inc. ("RSH"), the owner of Tracts J, K and L at Northbrook Plaza. We have been engaged by RSH to act as the authorized agent on the corporation's behalf in connection RSH's petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts K and L. The vacation and relocation of the subject easement will coincide with a lot-line adjustment currently under way whereby the eastern 20 feet of Tract L shall become part of the whole of Tract K. Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility prov/ders and easement users to acknowledge our client's petition by means ora "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if you should have any questions. Respectfully, QUARLES & BRADY LLP C. Lane Wood THE UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts J & K at Northbrooke Plaza as described hereinabove and depicted in the attached Exhibits "A' and "B.' Printed name: Title: CLW:dnj Enclosures QBNAP\191658.1 NOV 2 3 4501 Tamiami Trail North Suite 300 Naples, Florida 34103-3060 941/262-5959 FAX 941/434-4999 http://www.quarles.com August 16, 1999 Attorneys at Law in Milwaukee and Madison, Wisconsin West Palm Beach and Naples, Florida Phoenix, Arizona Ms. Joyce F. Goddard, Engineer Sprint United Telephone-Florida 3147 Davis Blvd. Naples, FL 34112 Re: Vacation of Platted Drainage Easement Dear Ms. Goddard Our firm represents RSH of Naples, Inc. ("RSH"), the owner of Tracts J, K and L at Northbrook Plaza. We have been engaged by RSH to act as the authorized agent on the corporation's behalf in connection RSH's petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts K and L. The vacation and relocation of the subject easement will coincide with a lot-line adjustment currently under way whereby the eastern 20 feet of Tract L shall become part of the whole of Tract K. Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our client's petition by means of a "No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and return of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if you should have any questions. Respectfully, QUARLES & BRADY LLP C. Lane Wood TIlE UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts J & K at Northbrooke Plaza as described hereinabove and depleted in the attached Exhibits "A" and "B." Signature: ~~ Printed name: ZZ//..C 62, /,/------=~-~- oM Title: CLW:dnj Enclosures QBNAP\191658.1 AGENDA 4. NOV 2 3 l g9 Mr. Stephen W. Hill Construction Manager Media One 301 Tower Road Naples, FL 34113 Barnett Center ' Suite 300 4501 Tamiami Trail North Naples, Florida 34103-3060 941/262-5959 FAX 941/434-4999 http://www.quarles.com August 16, 1999 Attorneys at Law in Milwaukee and Madison, Wisconsin West Palm Beach and Naples, Rorida Phoenix, Arizona Naples Attorne~ James T. Demarest Robert E Doyle, Jr. Ulliana M. Farinas 'rimoth¥ G. Hains Samara S. Holland John D. Humphreville Kimberty L Johnson Edmond E. Koester Susan B. Kubar Lisa C. Lottes Thomas E. Maloney F. Joseph McMackin, Ill Mark H. Muller David L Petersen Leo J. Salvatod C. Lane Wood Re: Vacation of Platted Drainage Easement Dear Mr. Hill: Our firm represents RSH of Naples, Inc. ("RSH"), the owner of Tracts J, K and L at Northbrook Plaza. We have been engaged by RSH to act as the authorized agent on the corporation's behalf in connection RSH's petition to vacate and relocate a platted drainage easement currently straddling the property line between Tracts K and L. The vacation and relocation of the subject easement will coincide with a lot-line adjustment currently under way whereby the eastern 20 feet of Tract L shall become part of the whole of Tract K. Please refer to the attached Exhibits "A" and "B" depicting and describing the current and revised locations of this drainage easement. As you are aware, Collier County's petition process requires certain utility providers and easement users to acknowledge our client's petition by means of a 'No Objection" Letter. Therefore, we respectfully request that you indicate your consent to the above-described vacation and relocation by means of your signature below and remm of this letter to our office. We have enclosed a postage-paid envelope for your convenience and we thank you in advance for your prompt attention to this matter. Please do not hesitate to contact our office if you should have any questions. Respectfully, QUARLES & BRADY LL~ C. Lane Wood THE, UNDERSIGNED does hereby consent and has no objection to the proposed vacation and relocation of the platted drainage easement between Tracts J & K at Northbrooke Plaza as described hereinabove and depicted in the attached Exhibits "A" and "B." Signature: Printed name: Thomas R. Yates Construction Manager Title: CLW:dnj Enclosures OBNAP\lg1658.1 NOV 2 3 SSMENT MAP :OUN TY, FL ORID~ '..ED ~ DRAWN FOR i ER APPRAISER ~LES. FLORIDA SECTION . t9 S' [/2 TOWNSHIP ' .48 UPDATE- BY, DATE TRACT. C 35.5' /.., B. E".-.-.J I' ~5.5' L,B,E, ~ \ ..... J'-..-- -, ......... .~ ..... : ........ : ....... -___ _ . , . ,~ a~ 3]' ' " ~oo. oo' m" zoo. oo~ itl ~oo oo, itl ! ~oo. oo' TI zoo. ocl' I~ ~ '- ' ...................... 7~,r ~.r:. -'fo-£ 3-rT.~.~, ....... Fo-D~,£, ' ' ., 5, ~. i ~ ~,o .. - · II!.' =: ._ !1!. ~ · ill ~. :'ill ~u ... II. ~ , ._'_! ~ .-.--- ~.:.o...~. ,.,-: '--~: ~.~_oo. oo,.-.~- .~oo.o° ,~-.,:'~oo.o.o.'.~-- ~oo.o_° .:-~t~.~o?A :~ , ~IBROOKEPLAZA, .0,0 ' · ' ,n~v,",., { · "-,t_',~' ' - .'-~,.r. ..... ~ · -~.. . $.8~'$~'48'E.~710.47~- ,~.*a,--sw~.,.,~..~,, ~7- - ~' "D~ I ~ | M~fl¥1~. 30.0' T .....,o....,,_.,,~. .... , ,,~v ,,~'_u_r _-~'m ~l" I ['[,nl ,, I ~ ~ / ,oo. oo,-.,.-~ .,oo. oo,.- ,oo. oo,.- ~ .,oo. oo.- ~.,,.,~ ~ ~.o I" ' : ' '-~ ~.o.~.o,- - ' I ~- ~'° ~., ,"i .: ~ ,.. :- : .,_i.., I r' mlZ: ' , '-' ' I ~. r . "'1 I ~ .t.0 . . , . . ,, ,il' ' ' ~'"5' ~ l -. ~ ,oz~.ff 5' .,~ : :~ :,oZ.2~: .~ ~ ~o,~.~.~ · --.., - ~ ' T .... '~ j~ i !~i! t t ~ F EXECUTIVE SUMMARY CU-99-26, D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES, P.A., REPRESENTING SAWCC, INC., REQUESTING CONDITIONAL USE "6" OF THE "RMF-6" ZONING DISTRICT FOR A GROUP CARE FACILITY FOR PROPERTY LOCATED ON THE NORTH SIDE OF WEEKS AVENUE, APPROXIMATELY ¼ MILE WEST OF BAYSHORE DRIVE, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.09+I- ACRES. OBJECTIVE: The Petitioner requests Conditional Use 6 of the RMF-6 zoning district for a group home. CONSIDERATIONS: The applicant requests a Conditional Use in order to construct and operate a shelter for abused women. The proposed home will be built in two phases, one 30,000 square feet, the other 20,000 square feet. The site will also contain parking, water management and landscaping. Access to the site will be from Weeks Avenue. Staff received a phone call in opposition to the shelter. The petitioner states that in conversations with this neighbor, he withdrew his opposition. A letter from a neighbor with concerns about the project was also received. FISCAL IMPACT: If this petition is approved, the use as a group care facility will have no fiscal impact on Collier County, except for impacts normally associated with development. 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 vadety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a group care facility, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. 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 SERVICES STAFF RECOMMENDATION: Planning Services Department staff recommends approval of Petition CU-99-26, subject to the conditiOns in the Resolution. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear this petition. Pg. / PLANNING COMMISSION RECOMMENDATION: At the November 4, 1999 meeting of the Collier County Planning Commission, the Commissioners voted unanimously to recommend approval of CU-99-26 to the Board of Zoning Appeals, subject to the conditions in the Resolution. This petition is not on the summary agenda because of a letter in opposition. PREPARED BY: NER DATE DATE R(~~ AICP PLANNING SERVICES DIRECTOR DATE A~,~R0~ BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-26 2 AGElUn~, NOV 3 1999 Pg. MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 11, 1999 SUBJECT: CU-99-26 (BEAU VENTURI HOME) PROPERTY OWNER/AGENT: OWNER: Cornerstone Park, Inc. 3884 Progress Avenue Naples, FL 34104 CONTRACT PURCHASER: SAWCC, Inc. 5043 Tamiami Trail East Naples, FL 34113 AGENT: D. Wayne Arnold, AICP Q. Grady Minor & Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 REQUESTED ACTION: The Petitioner requests Conditional Use 6 of the RMF-6 zoning district for a group home. NOV 2 3 1999 pg, 3 LOCATION: The subject parcel is located approximately ¼ mile south of US 41 on the north side of Weeks Avenue, ¼ mile west of Bayshore Drive, in Section 11, Township 50 South, Range 25 East. The site is adjacent to the west property line of Gulf Gate Shopping Center and consists of approximately 6.09 + acres. DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to construct and operate a shelter for women. The proposed home will be built in two phases, one 30,000 square feet, the other 20,000 square feet. The site will also contain parking, water management and landscaping. Access to the site will be from Weeks Avenue. SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned RMF-6 SURROUNDING: North: Parking lot; zoned RMF-6 East: Gulf Gate Shopping Center; zoned C-4 South: Weeks Avenue ROW; across which are one- and two- family homes; zoned RMF-6 West: One- and two- family homes; zoned RMF-6 GROWTH MANAGEMENT PLAN CONSISTENCY: 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 Zoning Appeals approves a Conditional Use for a group care facility, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. 2 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, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a shelter 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 Appeals, 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 governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory 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 group care is recognized as a Conditional Use of land in the Urban-Mixed Use area, this Conditional Use request has been determined by staff 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. 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: The proposed shelter will have access via a single driveway from Weeks Avenue. A sidewalk shall be constructed along the road with pedestrian access to the home. 1999 CON: The home will generate approximately 233 average trips per weekday. ANALYSIS: Construction of single family or multi-family units on the parcel would result in approximately the same number of average weekday trips. Therefore, the facility should operate adequately and with an acceptable level of safety. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The home will be constructed as a single story structure. A multi-family residence on this parcel could be built to three habitable stories. The facility will meet the requirements of the landscape code. CON: A shelter in a residential neighborhood could be perceived as having a negative economic effect. Noise during construction is unavoidable, but will nevertheless have an impact on the neighboring properties. ANALYSIS: A perceived negative economic effect is subjective. Construction of a three-story apartment complex (which does not require a public hearing) could have a similar effect. The proposed facility will generate noise during construction. 4. Compatibility with adjacent properties and other property in the district. PRO: The finished development will be a single story building with required landscape buffers. The facility is projected to have 75 beds (50 in phase I and 25 in phase II). A 36-unit apartment building (with two-bedroom apartments) could normally be expected to have 72 beds. CON: Besides a residential component, the facility will also have offices and counseling. ANALYSIS: The home will be similar to a multi-family residence in the number of beds. The shelter will provide a transition between the commercial uses to the north and east and the residential uses to the south and west. Therefore, it is staff's finding that the proFosed group care facility is compatible with adjacent properties ancl other properties in the district. NOV 2 3 1999 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-99-26 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. PREPARED BY: DATE ?,~1EWED ~Y: ~0~ERT J.~MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-26 Scheduled for the November 4, 1999 CCPC meeting. COLLIER COUNTY PI~N~I~MMISSlON: 5 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIRE3IENTS oF xo'r COPIES REQUIRED REQUIRED :i. Completed Application 11 X ~.. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 1. Completed Owner/Agent Affidavits, Notarized 1 X I.. Pre-application notes/minutes 11 X 1.. Conceptual Site Plans 11 X d.. Environmental Impact Statement - (EIS) 4 X 1. Aerial Photograph - (with habitat areas identified) 4 X w/o Habitat 't. Completed Utility Provisions Statement (with required 4 X attachments and sketches) :~. Traffic Impact Statement- (TIS) 4 X 1. Historical & Archaeological Survey or Waiver 4 X Application 't. Copies of State and/or Federal Permits 4 X :1.. Architectural Rendering of Proposed Structure(s) 4 X 1. Application Fee, Check shall be made payable to - X Collier Count' Board of Commissioners 1.. Other Requirements - As the authorized agent,'applicant for this petition, ! attest that all of the information indicated on this checklist is included in this submittal package. I unde~tand that failure to include ali necessary submittal information may result in the.de!avoI~.roqes%this petition. ,"x. r ..... ~&pplicant/AXgent Signature NOV 2 3 lSg[t Q GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W SCHMITI', PE MICHAEL I. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers m Land Surveyors · Planners September 13, 1999 D. WAYNE ARNOLD, A.I.C.P ROBERT W. THINNES, A.I.C.P ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESK'Y, P.S.M. ALAN V. ROSEMAN Mr. Fred Reischel Senior Planner Collier County Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 "Beau Venturi Home" Conditional Use #6 of the RMF-6 Zoning District Located in Section 11, Township 50 South, Range 25 East, Collier County, Florida. Dear Fred: Enclosed please find the Conditional Use Application and supporting material for the "Beau Venturi Home". As discussed in our pre-application meeting with Ron Nino, the 6.09 acre project has been granted an EIS and TIS waiver. The subject property is located north of Weeks Avenue and approximately 1/4 mile west of Bayshore Drive. The vacant site immediately abuts the Gulfgate Shopping Plaza. As we previously discussed, the proposed facility will be constructed in two phases. Phase 1 will include an approximate 30,000 square foot facility and Phase 2 is intended to encompass a 20,000 square feet expansion, for a total facility size of 50,000 square feet at buildout. The project will be designed in accordance with the development standards of the RMF-6 Zoning District and Section 2.6.26 of the Land Development Code. Please see the attached conceptual site plan for proposed orientation of the building envelope and site in relation to surrounding properties. Please contact me at 947-1144 if you have any comments. Sincerely, D. Wayne Arnold, AICP Director of Planning Enclosure cc: Ken O'Leary F CCSAW (941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA@aoi.com 3800 Via De[ Rey · Bonita Springs, Florida 34134 ~'0 NOV 2 3 1~.9 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) SAWCC, Inc. Applicant's Mailing Address 5043 Tamiami Trail East City Naples State FL Applicant's Telephone # Zip 34113 Fax# Name of Agent D. Wayne Arnold, AICP Agent's Mailing Address 3800 Via Del Rey City Bonita Springs State FL Agent's Telephone # 947-1144 Firm Q. Grady Minor and Assoc., P.A. Zip 34134 Fax# 947-0375 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941 ) 643-6968 Complete the following tbr all Association(s) affiliated with this petition. (Provide additional sheets necessary). Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State ~ Zip Disclosure of Interest Information: 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 NCtV 2 3 Ic,9,:3B 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 N/A Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address N/A Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address N/A Percentage of Ownership eo 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 m,d Address SAWCC, Inc., a Florida Not for Profit Corporation Percentage of Ownership Date of Contract: 7/99 If any contingency clause or contract terms involve additional parties, list all individuals or officers, ifa corporation, partnership, or trust. Name and Address g. Date subject property acquired 0 leaSed ( ): Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option 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. 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: Lot Portion: 39 Block: Subdivision: Naples Groves & Truck Co.'s Little Farms #2 Plat Book 1 Page#: 27 Collier County Property I.D.#: Metes & Bounds Description: Please see attached_Legal descript_ion Size of proper _ty: 277 ft. X 960 ft. = Total Sq. Ft._+ 265,280 Acres+6.09+ Address/l~eneral location of subject property: Approximately ¼ mile south of U.S. 41 (Tamiami Trail East) on the north side of Weeks Avenue, ¼ mile west of Bavshore Drive Adiacent zoning and land use: Zoning Land use N RMF - 6 S RMF - 6 E C-4 W R31F - 6 Commercial Parking Lot. Weeks Avenue and SF and Duplex Structures Gulf Gate Shopping Plaza SF and Duplex Structures 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: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # 6 of the RMF - 6 Zoning District for a group care facility (Care Unit). Present Use of the Property: Vacant 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 reco~-,me~dation to the Bo~d of Zoning Appeals shall be b~sed upon a finding that ~he granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use. if any, have been met, and that further, satisfactory, provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). I,;3V 2 3 E99 pg. bo Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include intbrmation on how the request is consistent with the applicable section or portions of the future land use element): The subject property is designated Urban Mixed Use, Urban Residential Subdistrict on the Future land Use Map. The Future Land Use Element provides that certain non-residential land uses, such as group housing uses, are permitted throughout the urban designated areas of the County. The proposed Beau Venturi Home is defined as a group housing use in the Collier County Land Development Code and therefore, the location is consistent with the Future Land Use Element of the Growth Management Plans, Policy 5.8. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The 6.09+ acre site has access directly with internalized on-site parking facilities to Weeks Avenue. A singular driveway connection to Weeks Avenue is proposed. This on-site vehicular circulation system will be designed to safely accommodate automobiles, safety service vehicles and pedestrians. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The proposed use will have little if any impact on neighboring properties. The Beau Venturi Home will be designed in a manner consistent in scale to neighboring residentially zoned properties. The proposed use is a low intensity use and use patterns will be consistent with those of other residential properties. The site has been designed to provide appropriate buffering and open spaces where the site is adjacent residences. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The Beau Venturi Home is intended to provide a variety of services for women in need of spouse abuse care, including temporary housing, counseling and administrative services. The Beau Venturi Home will be an architecturally designed, .~in~le-stoQ' facili .ty. The i~fitial phase of the facility, will bc approximately 30,000 square feet and phase 2 will comprise an additional 20,000 square feet for a total facility size of 50,000 square feet. The conceptual site plan indicates a front yard buffer adjacent Weeks Avenue of approximately 100 feet. This buffer will consist largely of retained native vegetation. 10. 11. The building orientation and scale have been designed to be compatible with nearby single-family and two-family residences, which will also effectively act as a buffer and more appropriate land use transition from commercial land uses to the east. The site and building will be designed in a manner which will offer security for residents by providing perimeter fencing and intregral building security features. The subject property is zoned RMF - 6 and abuts properties zoned RMF - 6 and C- 4, General Commercial. The proposed use will be developed consistent with the development regulations of the RMF -6 zoning district and Section 2.6.26 of the Collier County Land Development Code. The proposed use is permitted throughout the Urban area is located in an area which has multi-family residential uses and general commercial uses in close proximity to one another. The subject property is abutted on the south by Weeks Avenue and a mix of duplex and single-family homes. To the west, the site abuts single-family, duplex and multi-family structures. To the north, the site abuts a parking lot, designed to serve as an off-site facility for uses located in the Gulf Gate Shopping Plaza. To the east, the site abuts the Gulf Gate Shopping Plaza and the Gulf Gate South Shopping Plaza. The site will act as an appropriate transitional use between the intensely developed commercial properties to the east and the medium density residential development to the west. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use 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? Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. A copy of the pre-application meeting notes; Eleven ( 11 ) copies of a 24" x 36" conceptual site plan [and one reduced 81/2'' x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the follOwing [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; I,;3V 2 3 1-529 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, c, pen 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 signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area~ etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). 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); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); 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. STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST NAME OF APPLICANT: SAWCC, Inc. MAILING ADDRESS: 5043 Tamiami Tr. East CITY Naples ZIP 34113 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A LEGAL DESCRIPTION: (see attached) Section: 11 Township: 50S Range: 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): 1. COUNTY UTILITY SYSTEM XX 2 CITY UTILITY SYSTEM 3 FRANCHISED UTILITY SYSTEM PROVIDE NAME 4. PACKAGE TREATMENT PLANT (GPD capacity) ...... 5. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: 1. COUNTY UTILITY SYSTEM XX 2. CITY UTILITY SYSTEM 3. FRANCHISED UTILITY SYSTEM PROVIDE NAME 4. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 104 Beds PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 20 gpm AVERAGE DAILY B. SEWER-PEAK 20 gpm AVERAGE DAILY 10,400 gpd 10,400 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2/00 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. [ tilit.v Pro~ ~smon Sratrmnent g,l,~l 10/17/97 WATER MANAGEMENT SYSTEM NARRATIVE BEAU VENTURI S 11 T50S R25E The 6.0+_ acre site will consist of a main housing building, parking and a 0.8+ ac lake. Runoff from the building, parking and remainder of the parcel will be directed to the lake by way of inlets, drainage pipes and swales. The water management system will treat the runoff in the lake and discharge stormwater through a water control structure. The water control elevation is approximately one foot below existing ground. Discharge from the structure will be limited to 0.15 cfs/ac for a 25-yr, 3-day storm. The water control structure will discharge to a County-maintained conveyance system. The site's runoff will be contained within the site's boundaries by a perimeter berm with a top elevation equal to the 25-yr, 3-day peak stage elevation. Minimum finished floor elevation will be greater than the 100 yr, 3-day zero-discharge storm peak stage. Q GRA2¥ ~.NCR 94~ 947 0375 09/53 '99 t1:38 NO.47~ 02 L Frank& l'e.~,r, S,4. I~C.C, Ina. being frst duty' s~orn, depose and say that I am the contract purchaser representcrttve of the property de.~cribed hereto and u/hicb ~$ th~ o~ubject matter of t3e proposed hearing; ttn~t all the answers to the q~estlons in tl~i, application, including the disclosure of i~tere~t information, all sketches, d~a, a~d other ~ntpplementary matter attached to and made a part of thru aiap~, are honest and trtt, to the bcsf of my krtowledge and belief ! unders~cmd ~a~ the mfo~ma~'on req,~e$:ed on ;h/s application muat be complete and accurate and that t3e content of this form, whetl~er computer generated or County printed shall not be altered ]%tblic hearings will not b~ advertised until this application is deemed complete, a~d all recta/red information bas been submitted As contract pure. kaset, l further authorize D. Wayne Arnol~ AfCP of Q. Grady M'mm' and Associates, P.A. to act as the representative in any matters regarding tills Petltion~ Signature of Owner tiepresentuttve SiRnature O£duthartzed 4 ~e~ ';')'.pea c.' i';rim~'Name ofA utnortzed agem S~e q/Flor, da County oj' Collier LEGAL DESCRIPTION A PARCEL OF LAND LYING IN AND BEING PART OF LOT 39, NAPLES GROVES AND TRUCK CO'S LtTFLE FARMS NO. 2, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK. 1,~PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF -THE WEST LINE OF THE SAID LOT 39 WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (TAMIAMI.TRAIL); THENCE RUN SOUTH 51'52'10" EAST, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41, A DISTANCE OF 354.01 FEET TO THE EAST LINE OF SAID LOT 59; THENCE SOUTH -WEST, ALONG THE EAST LINE OF LOT 59, A DISTANCE OF 211.02 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 0'05'10" WEST, ALONG THE EAST LINE OF LOT 59, A DISTANCE OF 1235.97 FEET TO THE NORTH RIGHT-OF-WAY LINE Of WEEKS AVENUE; THENCE SOUTH 89'58'45" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE, A DISTANCE OF 277.1.3 FEET TO THE WEST LINE OF SAID LOT .39; THENCE NORTH 0'00'00" EAST, ALONG THE WEST LOT OF LOT ,39, A DISTANCE OF 12.36.07 FEET; THENCE NORTH 90'00"00" EAST, A DISTANCE OF 278.27 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT TIlE NORTH 280 THEREOF. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORDS. PARCEL CONTAINS 6.09 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE WEST LINE OF SAID LOT 59 AS BEING: ~OR~,I 0'DO'00' EAST Si:iI__~R; Cornerstone Park, Inc. BU'~.3h SAWCC, Inc., & Florida.not-for-profit ~: 3884 Progrees Ave. ,,~o~pora~tou NaPlas, FL 3~10~-~648 U~N ~ A~E~ ~ ~ (~~FF~) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U~ ~E Part of Lot 39, Nmplmm G~o~e~ mGd Truck Co~m o~ L~le Ya~a No. 2, Coll~e~ County Ylorida, PB1 Pg. 27 (See hhtbit "A") O~ dicta KI I~ wring ~n i~l oon4maL dilecl' Ihml ~ ~ m~ ~d~t~n ~ich deli not effect Ihe wo~ng worn Ipot,, ~~ of ~ ~r~g or wallpaper or ~n~w tre~a. floo~e. Buyer (or Itl dl~ ~l~nl lnlpKIor) may I~1~1 iho~ly ~lotl may ~ ~ ~ 7. SEWER'S ~STR~ENTS ~ ~P~S: So, or Ihlll ply lot ed F~t when app~ ~ ~y IMfe Mbs (u duo ~ereoc. lee (~ ~ ~ ~ ~g a~ It ~); (g) ~ ~el ~ ~1 ~l~g Oa~, ~ lul ~1 ~ l~ ~m uma~m, ~ing Cate ~ ~ ~1~; ~) ~e ~ ~; ~ ~ ~u~ey r~ I~ ~r ~ ~w. ~ ~ ~dl~ Im ~ ~y ~l ~ ~ ~ ~l]ir, and all ~a of ~ ~l~ul~ ~ ~ ~ ~ (o) ~ ~ler lee ~g M~, M ~ MW Mi, ~ w first ~l: (I) f~l fltiM I~ ~ ~ ~ ~ ~ ~ ~rr~ ye~ (d l~lltle), 10. H~EO~ER ~~ ~Ue~ ~ Ihl evenl I~t t~ propl~ la eMl~ In a h~er ui~flon ~unl~, Flndda law ex~ltence or nM of lny ~meown~l u~cll~ rele~e l~O~l and ~le~ed II c~uO~ In Ihe pu~ohi,i ~e. If ~ui~, Bwer egriel to ma~e promp( ~ responalble for e~u~g ~ In I~ i~s~llllan. If ~ i~rovil for meOW hu been ~ wl~ln ~ dlyl after Buyo['s spartan lot ~ert~ ~ II ~t ~ di~ ~r ID IM C~eg Dale, either ~e BW~ ~ ~ ~y ~el ~hKt I~ the Buyer's il,~a ~ IaM~m ~ ~f~ MI!.~d ~Ner II ~o the B~er it I~1115 M~ ~ e W~. , ~ P~E~ OF S~E A~ ~~ PROCEDURE: If I ~ ~ ~2 TI~ DEFECTS: BW~ Ihlll ~ve 1S (16) dayl from receipt by Buyer ot Evlde~e 2onhacl. I~ exemlnal~n el IItle ~d a ~bla lime tot exam~at~ ~ I~1 ~. shall within such I~e perl~, ~Uty 811~ ~ wiling Ip~ng Ihe dif~l(&). If ~e dif~t(l) rial) ~i u~i(ke~bM, or SIIle( :annol deliver go~lii~, ~ ~erl la no ime~ per mM conlr~l, Ihe Seller Ihall have ~ ~ f~ ~l r~e~l N ~hce ~ remove such ~erem(a). Seller egreel ~1 Sel~ wll, ~ Se~lir M~I deliver ~uiislon, or Seil~ ~ M ~, ~ ~11 Ii' fo~d lo be del~llve, use c~genl e~on to correct the def.(i) ~ln ~ I1~ provided Iherefor, ~l~g lhe btlng~ et nMM~ lull. However. ~eller ~halS o~n ol a~ aUC~ ~a~, a~ end t~ u Seller c~ previa ~1~1 ~elund M iii ~ll ~M ~e~r. ~ u~ domed ~e ~ii Ihd M pr~V m~d e 8~, U~n $uoh ~lnd and re~y~nl Ibm Buyer ~ 8i~ ~d be aiuid, u Io ~i ino~r, o~ mil ob~gltl~ u~ ~3 SURVEY: BuyM~Y. el~M'e~,~lhemel~lu~M~tlOMy~do~. If~elumey, l~ci~tl~byn ee~owe I ~1 pay ~ d ~ ~1) ~ ~ ~ InU~ ~felo, ~t,m~ o: (1) eny de.Jr ~ll ~ ~l f~ ~ln S ~ym after I1s duo dale, and (9} any ~ pr~le~fat~ ~ 5 ~ly$ I~ ~ of ~ d~ho~r, U~ r~lpt o~ i$~rlte wflflen ~ f~ ~l ~, ~ ~o~t(l) ahgll B~ ~y ~ ~ ~ ~ ~ ~m) ~m~ m ~. i 7 FORE)GU NVE~ ~ R~ P~ T~ ACT (RRNA); 6e)grs wftu are U.8. ~urc~ p~e ~ ~e ~ ~ ~ ~ ~ ~,~ ~ Buyer ~ulea ~ afl.vii em~g ae~ ~. ~ ~ n~t ~ ~ ~ ~ ~ ~ ~ ~ al)ow w)~ by B~r ~e ~d ~ ~. ~tn 10 ~yl aR~ ~, ~r ~1 ge ~ ~ ~y ~ ~ ~ ~ ~e~ o~ ~ ~ ~ ~ ~ oF ~e 5efl~. and ~ ................................. m mm m mm ~ ~ m~ ~ ~ Il ~m have ~ ~ ~ bu~n~ ~ ~. ,~) ENERGY ~FF~IE~Y ~RE: BWIr lo~l ~N~O the ~ so ~': ~ ~ ~ ~ ~. I di~al~ ~w~ E~ ~~ , J) 2 3. REPRE$£NTAT1ONS ANO WARRANTIES: M rl~Mentlllo~l and Wa~l~lk~, If ~¥. muir bl ~ ~ II/oa~Y. mct o~,'.~t*, ~ o1 ~e ~ PERIODOFOFF~R~DEFFE~EDA~: ~ir~yc~ntemffiril~W~M~M~ '.oc~emrormemunle~imr~, 5 ~M July 2~ Ig~ ~ 5 8]NDI~ CO~T ~ P~ES ~D TO SEEK LE~ COUNBE~ THE P~IE8 ~E ~T RE~IR~ TQ USE ANY PAR- T~CU~R FOR~ OF C~T. T~ ~ ~O~S SH~LD BE NE~T~D 6~ U~ ~E RESPECTIVE i~ERESTS O~ECT[VES AND BARe,NO ~S ~ ~ INTERESTED PA~IE5. ~PROVAL OF ~S ~RM BY THE ~ER COUN~ ~AR ASS~IATION ~D ~ARDS OF R~T~S ~S ~T C~T~TE ~ OPIN~N ~T ~ ~ ~E TER~ ~D C~Dll '~ This C~RACT ~ BE AC~D BY A PAR~ tN A PAR~R T~I~. ~ IS A ~G~LY BINDi~ C~C F CRM ~CH PAR~ AC~E6 ~T ~IOR TO SIGNING ~E CON~ACT ~E ~0~ ~S[S HAVE BEEN E XP~INF A~9 ~AT P~R~ ~S BEEN ~VIS~ BY ~E R~ ESTATE BROKER TO SEEK LE~ ~ A~ TI~E INSURANCE TO T~CT ~HA? PARk'S fNTEREST IN ~CT~ W~ THE TI~ STA~S ~D ~ ~ ~S ~CT~N 8UYER 26. O~R~~. See ~dendum to 5ale8 Cornerstone Park, Inc.' SAWCC, Inc., a Florida not-fOr-profit By: Ronald L. Galy corporation '-. Ice: President ~m.~, mm,m) M IMM EMlll · none Addendum to Sales Contraf:t between Cornerstone Park, Inc., Seller and SAWCC, ~nc., a ¥1orlda Not-For-Profit Corporation, Buyer for Part of Lot 39, Naples Groves and Truck Co.'s Little Farms No. Collier County, Florida PB 1 Pg 27 (See Exhibit "A') Deponit: Within Forty-Eight (48) hours of the Effective Date, Buyer shall deposit into an interest bearing Escrow Account with BuYer's Attorney as Escrow Agent the sum of Twenty Thou-~and Dollars ($20,000), which Deposit ~hall be returned to Buyer, applied to the Purchase Price, or otherwise paid to Seller as described below. Seller Deliveries: Within Forty-Eight (48) hours of the Eff~tive Date, Seller shall deliver to Buyer all property information in Seller's possession, including but not limited to an updated boundary survey, topographic, soils and vegetation surveys, engineering and construction plans, and recent Phase I environmental audit ("Phase ["3. In the event that Seller is not presently in possession of an updated bounda .fy survey and/or a Phase I, Seller shall, at Seller's sole cost, cause an updated boundary survey and/or a Phase I to be delivered to Buyer by no tater than Thirty (30) days following the Effective Date. Investigation Period: The period of One Hundred Twenty (120) days following the Effective Date shall be the Investigation Period, during which Buyer, at Buyer's sole cost, shall conduct mar& studies and tests as Buyer shall deem appropriate to ascertain whether Buyer's pro. ed project, in Buyer's sole discretion, is feasible. In the event lhat Buyer deems Buyer's project to be not feasible, then prior to the end of the Investigation Period. Buyer shall so noti~ Seller, the Contract shall be terminated, and the Deposit, including interest thereon, shall be returned to Buyer. Zoning Approval Period: The period of One Hundred Twenty-One (121) to Two Hundred Ten (210) days following the Effective Date shall be the Zoning Approval Period, during which Buyer warrants that Buyer shall timely apply for and diligently pursue rezonmg of the ProperW to permit the development of a Women's Shelter (~'BL~'er's Zoning Approval"). Closing: Shall occur upon Buyer's receipt of Buyer's Zoning Approval, or Two Hunch-ed Ten (210) days firrm the Effective Date, whichever shall first occur. Buyer's thilure to Close shah result in forfeiture of the Deposit, including interest thereon, and shall terminate the Contract. Seller's Inntruments and Expenses: Seller shall pay for, and provide when applicable, any ~,',zle sales tax due thereon: a) recording fee for deed; b) title insurance:. c) abstract recertification or title continuation through date of deed recording; d) updated survey; e) Phase I environmental audit; and f) all pending lieng or special assessments including but not limited to those descr/bed in paragraph 7.g. of the Sales Contract. Agency Disclosure: Ross W. Mclntosh, Licensed Real Estate Broker ('qVlclntosh".), ~s acting as Buyer's Agent. At Closing, Buyer shall pay Mclntosh n commission equal to Five Percent (5°,4) of the Purchase Price. Buyer warrants that Mclntosh is the only broker with whom Buyer has dealt on this transaction. NOV 2 3 1S 9 ConfldentlaHoy: Seller covenants and agrees that Seller shall not disclose Buyer's i~nal7 or any of the terms and provisions of this Sales Contract to any person, firm, or enaV/except its ~es, agents, or consultants whose services are required for the transaction hereto contemplated. Seller Cornerstone Park, Inc. By: Ronald L. Galy Its: President SAWCC, Inc~, a-Flo~ Not-l~or.Profit Corporation By: Carol S. Yates Its: President _Date Date ~- ~..~ ~p a ttacl~nent m¢3083 ComerstoneParklncgAWCCIncAddendumtoSalesCo~,act. O7.22,99 2 Addendum #2 to Sales Contract Between Cornerstone Park, Inc., Seller And SAWCC, Inc., a Florida Not-for Profit Corporation, Buyer For Part of Lot 39, Naples Groves and Truck Co.'s Little Farms No. 2 Collier County, Florida PB 1, Pg 27 (See Exhibit "A") The following makes reference to the Addendum to Sales Contract attached hereto. Deposit: Acceptable as written. Seller Deliveries: Revise thelaneua~e of the oritinal addendum as follows: Within Forty-Eight (48) hours of the Effective Date, Seller shall deliver to Buyer all property information in Seller's possession. In the event Buyer requires information of any kind which/z not in Seller's possession, Buyer shall obtain said information at Buyer's expense. Investigation Period: Acceptable as written. Zoning Approval Period: Revise the lamtualte of,the ori~tinal addendum as follows: The period of One Hundred Twenty-One (121) to Two Hundred Ten (210) days following the Effective Date shall be the Zoning Approval Period, during which Buyer warrants that Buyer shall timely apply for and diligently pursue rezoning of the Property to permit the development ora Women's Shelter ("Buyer's Zoning Approval'.'). If Buyer, during the Zoning Approval Period, decides not to Close for zoning reasons or any other reasons, then prior to the end of the Zoning Approval Period, Buyer shall so notify Seller, the Contract shall be term~ated, and the Deposit shall be forfeited to the Seller. Closing: Acceptable as written. Seller's Instruments and Expenses: Revise the lanltua~e of the orieinal addendum as follows: Seller shall pay for, and provide when applicable those "SELLER'S INSTRUMENTS AND EXPENSES" listed in Paragraph 7, Page 2 of 4 of this Agreement except item (f) real estate brokerage fee, which is to be paid by Buyer. Seller shall not pay for abs~acts of tire, title continuation or rifle insurance other than that specified in "EVIDENCE OF TITLE", Paragraph 4 on Page I of 4 of this Agreement. Additionally, Seller shall specifically not pay for an updated survey or a Phase I environmental audit. A~e,cy Di~cloaure~ Acceptable as wr/tten. Confidentiality: Acceptable as written. Cornerstone Park, Inc. by . Only, President Date: wi ~...../q~ Buyer: ~_.<.~ .,c~/.~~ Date: SAWCC, Inc., a Florida N~-d~or-Profit Corporation Bv Carol S. Yates, President Third Addendum to Sales Contract between Cornerstone Park, Inc., Seller and SAWCC, Inc., a Florida Not-For-Profit Corporation, Buyer for Part of Lot 39, Naples Groves and Truck Co.'s Little Farms No. 2, Collier County, Florida PB 1 Pg 27 (See Exhibit "A") Seller Cooperation: Following the Escrow Agent's receipt of the Deposit, Buyer shall have the right to make application for certain development entitlements for the Property fi'om regulatory agencies. Accordingly, Seller agrees, at no cost to Seller, ~o execute said development entitlement applications as landowner in be!roll of Buyer, and shall otherwise cooperate in good faith with Buyer in Buyer's development entitlement efforts. Period of Offer and Effective Date: This offer is revoked il'not accepted by $ p.m., July 30, 1999. The Effective Date shall be the date the Seller sisn.~ this Addendum C merstone Park, Inc. By: Ronald L. Galy Its: President Buyer SAWCC, Inc., a Flofi~Profit Corporation By: Carol S. Yates Its: President mc3111ComerstoneParklnctoSAWCClncThirdAddendumtoS~l~Contract.07.28.99 1 2 3 1£23 : · il RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF GROUP CARE FACILITY CONDITIONAL USE "6" 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 11, TOWNSHIP 50 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, Flor/da 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 sz regulations made and provided, and has considered the advisability of Conditional Use "6" of Section 2.2.5.3 in an "RMF-6" Zone for a Group Care Facility on the property hereinafter 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 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 D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A., representing SAWCC, Inc. with respect to the property herci~afler dcscr~b.~d as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "6" of Section 2.2.5.3 of the "RMF-6" Zoning District for a Group Care Facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. 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 ATTEST: DWIGHT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency: M/trni s. Scuderi Assistant County Attorney g:/admin/RESOLUTION/CU-99-26/FRYim -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-26 The following facts are found: Section 2.2.5.3.6 of the Land Development Code authorized the conditicnal use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the La/nd Development Code and Growth Management Pl~f: Yes ~/ No B o Ingress and egress to property and proposed struct~[res 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 & e~-~ss Yes ~'No Affects.~eighboring properties in relation to noise, gla~e,~,~conomic or odor effects: ~' No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~-~hin district Yes 9/ No Based on the abo-ze findings, this conditional use should, with stipulations, (copy attached) (should not) be recommen0~'~ for Acting Ch~rman g:/admin/FINDING OF FACT MEIqBER/CU-99-26 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LYING IN AND BEING PART OF LOT 39, NAPLES GROVES AND TRUCK CO'S LI]-FLE FARMS NO. 2, ACORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,~PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID LOT .39 WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF' U.S. HIGHWAY 41 (TAMIAMI TRAIL); THENCE RUN SOUTH 51'52'10" EAST, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41, A DISTANCE OF 554.0"1 FEET TO THE EAST LINE OF SAID LOT .39; THENCE SOUTH 0"0..3'10' -WEST, ALONG THE EAST LINE OF LOT 59, A DISTANCE OF 211.O2 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; '"'-'THENCE CONTINUE SOUTH 0'05"10" WEST, ALONG THE EAST LINE OF LO]' 59, A DISTANCE OF 12.:35.97 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE; THENCE SOUTH 89'58'45" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF WEEKS AVENUE, A DISTANCE OF 277.1.:3 FEET TO THE WEST LINE OF SAID LOT 39; THENCE NORTH 0'00'00" EAST, ALONG THE WEST LOT OF LOT .39, A DISTANCE OF 1256.07 FEET; THENCE NORTH 90'00"00" EAST, A DISTANCE OF 278.27 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE NORTH 280 THEREOF. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORDS. PARCEL CONTAINS 6.09 ACRES MORE OR LESS. BEARINGS ARE BASED ON THE WEST LiNE OF SAID LOT 3.39 AS BEING: ~C~T~'~ 0'00'00' EAST ' l! ! .,. , · .m I Ill I I Exhibit "B" RIdF'-6 PARKING LOT N 90'00'00' E 278.01' CU-99-26 1. 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 shall be contacted. 2. An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. 3. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, prior to Site Development Plan approval. EXHIBIT "D"