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Agenda 12/14/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Clerk To The Board/M. Kenyon Admin/4th Floor FP CV/N 3 1 AGENDA Tuesday, December 14, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 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 V~ITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (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 - Father William Kehayes, St. Katherine's Orthodox Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. 1 December 14, 1999 B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. e APPROVAL OF MINUTES A. November 9, 1999 - Regular Meeting B. November 23, 1999 - Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation recognizing Friends of the Collier County Museum, Museum of the Everglades and Roberts' Ranch. To be accepted by Ms. Liesa Priddy, President, Friends of Roberts' Ranch; Ms. Claudia Davenport, President- Elect, Friends of the Museum of the Everglades; Mr. Ron Mangold, President, Friends of the Collier County Museum and Ms. Donna Ridewood, Manager, Collier County Museum 2) Proclamation recognizing Mr. Gil Mueller. To be accepted by Mr. Gil Mueller. 3) Proclamation renaming Goodland Bay to Buzzards' Bay South. B. SERVICE AWARDS 1) C. J, McPherson, Parks & Recreation, 15 Years 2) M[arilyn Norris, Libra~', 10 Years 3) Margaret Wright, Building Review & Permitting, 10 Years 4) Barbara Burgeson, Planning Services, 10 Years 2 December 14, 1999 5) Jerre Salmon, Human Resources, 10 Years 6) Joseph Griffith, Jr., Road & Bridge, 10 Years 7) Marta Piecuch, Parks & Recreation, 5 Years 8) Ann Catherine Viets, Library, 5 Years 9) Nancy Schaffer, Library, 5 Years 10) Helene Rossler, Services for Seniors, 5 Years 11) Judith Terilla, Revenue Service, 5 Years 12) Anne Cardenas, Purchasing, 5 Years 13) Stephen Chandler, Road & Bridge, 5 Years 14) Joyee Brantley, Traffic Operations, 5 Years C. PRESENTATIONS 1) Recommendation to recognize Julio Torres, Customer Service Representative II, Public Works Engineering Department, as Employee of the Year for 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Linda Friar representing the South Florida Ecosystem Restoration Task Force, Florida International Uaivei~sit~' regarding a strategic planning initiative. 3 December 14, 1999 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Resolution ordering and calling a referendum election to be held on March 14, 2000, within Collier County to determine by straw ballot if the qualified electors approve continuing the additional one percent Tourist Development Tax. 2) Approval of a temporary use permit to authorize temporary raising of hogs in the Estates zoning district for youth involved in 4-H projects in conjunction with the County Fair. 3) Proposal to prepare regulations to insure that properties in North Naples (Section 18 and 19, Township 49 South, Range 26 East) are developed in a coordinated manner with regard to public roads, storm drainage, water, and se~'er utilities. B. PUBLIC WORKS 1) CONTINUED FROM 11/23/99: 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 99-2981). 2) This item has been deleted. 3) This item has been deleted. 4) Approval of Agreement for delivery and supply of irrigation water. Approve additional landscaping work for Davis Boulevard Phase II, based on clarifications to the Streetscape Master Plan [follow up to Agenda Item No. 8(B)l on 9 November 1999]. 4 December 14, 1999 e C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT A. Recommendation that the Board authorize the Office of the County Attorney and the Risk Management Department to make an Offer of Judgment of $3,000.00 in Sadler v. Collier County, Case No. 98-4438-CA-HDH. 10. BOARD OF COUNTY COMMISSIONERS A. Resolution to rename Building F as the W. Harmon Turner Building. (Commissioner Berry) NOTE: Sam Colding, Irving Berzon and Aubrey Rogers to speak. B. Discussion of selection process of new County Administrator and designation of interim Count)' Administrator. (Commissioner Mac'Kie) C. Appointment of member to the Immokalee Enterprise Zone Development Agency. D. Appointment of member to the Golden Gate Community Center Advisory Committee. 5 December 14, 1999 E. Appointment of members to the Emergency Medical Services Advisory Council. F. Appointment of member to the Black Affairs Advisory Committee. G. This item has been deleted. H. Appointment of members to the Ochopee Fire Control District Advisory Committee. I. Appointment of members to the Development Services Advisory Committee. J. Resolution to establish Collier County as a Community of Character. (Commissioner Mac'Kie) 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 B. ZONING AMENDMENTS 1) Petition PUD-99-7, Bruce Anderson of Young, Van Assenderp, Varnadoe, and Anderson, representing the Naples Vanderbilt Land Trust, requesting a rezone from "A" Rural Agriculture and "E" Estates to "PUD" Planned Unit Development to be known as the PRC & M PUD for property located on the south side of Vanderbilt Beach Road (CR-862) and approximately one mile west of C.R. 951 in Section 4, Township 49 South, Range 26 East, Collier County, Florida. 6 December 14, 1999 2) Petition 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 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 111a Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres. 3) THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 11, 2000 MEETING. Petition PUD-90-17(1), Karen Bishop of Project Management Services, Inc., representing Bishop John Nevins, Diocese of Venice, requesting an amendment to a "PUD" Planned Unit Development, to provide additional facilities complimentary to the existing religious development known as the St. John The Evangelist Catholic Church PUD, on property located on the north side of 111a Avenue North approximately ~ mile west of U.S. 41 in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 14 _+ acres. OTHER 1) Adopt an Ordinance revising the Road Impact Fee Rate Schedule. 2) An Ordinance amending Collier County Ordinance No. 90-111, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit; Amending Section One and Section Four to provide for financing of landscaping beautification within that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road; providing for identification markers as an authorized power; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. ~-- 13. BOARD OF ZONING APPEALS 7 December 14, 1999 ADVERTISED PUBLIC HEARINGS 1) THIS ITEM WAS CONTINUED FROM THE NOVEMBER 23, 1999 MEETING AND IS FURTHER CONTINUED TO THE JANUARY 11, 2000 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorization of a 75% deferral of impact fees for one house to be built by Scott W. Price, at 4110 6th Street N.E., in Golden Gate Estates, Collier County. 2) Authorization of a 75% deferral of impact fees for one house to be built by Jorge M. Martinez and Amanda A. Martinez at 3640 22nd Avenue N.E., in Golden Gate Estates, Collier County, Florida. 3) Authorization of a 50% Waiver/50% Deferral of impact fees for one house to bc built by Francisco F. Hcrnandcz and Cristina lIernandez at 5205 Warren Street in Naples Manor Annex, Collier County, Florida. $ December 14, 1999 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Authorization of 100% waiver of impact fees for two very low income single family houses to be built in the Seminole Subdivision in Immokalee, Collier Count)', by Habitat for Humanity of Collier County, Inc. Authorization of 100% waiver of impact fees for six very low income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. Authorization of a 50% Waiver/50% Deferral of impact fees for one house to be built by Juan Marante at 3811 Golden Gate Boulevard in Collier County, Florida. Authorization of a 75% deferral of impact fees for one house to be built by Christopher Santos-Cadow at 2160 47* Avenue, N. E. in Golden Gate Estates, Collier County. Recommendation that the Board consider a resolution consenting to the exercise of special powers relating to Parks and Recreation and Security for the Cedar Hammock Community Development District. Recommendation that the Board consider a resolution consenting to the exercise of special powers relating to Parks and Recreation and Security for the Mediterra South Community Development District. Recommendation that the Board of County Commissioners approve the short list of consultant teams and authorize staff to negotiate a contract for consultant services beginning with the number one ranked firm of Dover, Kohl and Partners to develop the Collier County Community Character and Design Master Plan. To approve a resolution endorsing the Guadalupe Center as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. Approve an agreement to accept an artificial reef grant from the Florida Fish and Wildlife Conservation Commission. Approval of an agreement with the South Florida Water Management District to participate in water quality sampling for Florida Department of Environmental Protection (FDEP) Ambient Monitoring Program. Award of RFP 99-2920 for electronic document management systems. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Kensington Park, Phase 3A" Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Briarwood Unit Four" December 14, 1999 17) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Kensington Park, Phase Two" 18) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Briarwood Unit Three" 19) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Johnnycake Cove" 20) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Kensington Park, Phase 3B" 21) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Avila Unit One" 22) Request to approve for recording the final plat of "Grey Oaks Unit Fifteen, and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 23) Request to approve for recording the final plat of "Grey Oaks Unit Sixteen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 24) Request to approve for recording the final plat of "Grey Oaks Unit Fourteen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 25) Request to approve for recording the final plat of"Bentgrass Bend at the Estates at Bay Colony Golf Club", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 26) Request to approve for recording the final plat of"Pebblebrooke Lakes Phase 2B". 27) Request to approve for recording the final plat of"Cayo Casta", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 28) Petition VAC 99-019 to disclaim, renounce and vacate the County's and the public's interest in a portion of a parcel of land conveyed to Collier County as a drainage easement recorded in Official Record Book 805, Pages 758 through 759, and to accept a 15' wide drainage easement as a replacement easement. Located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. 10 December 14, 1999 B. PUBLIC WORKS 1) Award Bid No. 99-2997 "Roll-off Container Refuse Collection Truck" to Heintzelman's Truck Center, Inc. 2) Present the results of staff and consultant investigations into the extension of Piper Boulevard easterly to Strand Boulevard. 3) This item has been deleted. 4) Approve a Resolution requiring full-width overlays for new turn lane construction. s) Approve Professional Services Agreement with Kissinger Campo, WilsonMiller, Inc., Law Gibb Group, Inc., Hole, Montes and Associates, Inc. and Johnson Engineering, Inc. for the Fixed Term Construction Engineering Inspection Services (RFP #99-2960). 6) Accept an Easement for a traffic signal pole from Rd2 Partnership, a Florida Partnership. 7) Approve a Change Order for Work Order #TS-BL-9908 Botuer Land Design, Inc. for the Bayshore Beautification MSTU landscaping. 8) Approve an inter-fund loan to the Bayshore Beautification MSTU for completion of a landscape project on Bayshore Drive. 9) Accept a right-of-way easement from Florida Panthers Naples, Inc. 10) Approve a Budget Amendment recognizing carry forward related to the North County Water Reclamation Facility Expansion, Contract 99-2908, Project 73031. 11) Consider extension of Developer Contribution Agreement between the County and Warrenton Enterprises. 11 December 14, 1999 12) Approve a two-party Agreement between The Strand Development and Collier County for the installation of a traffic signal at Strand Boulevard and Immokalee Road. 13) Approve Amendment to Professional Services Agreement related to Aquifer Storage and Recovery of Reclaimed Water, RFP 99-2926, Project 74030. 14) Approve Amendment to Professional Services Agreement related to the North County Water Reclamation Facility Expansion, Contract 96-2474, Project 73031. Approve Change Order to the North County Water Reclamation Facility Reclaimed Water Pumping Station Upgrades Project, Bid 98-2812, Project 74024. 16) Approve conditional acceptance of right-of-way conveyance by Long Bay Partners, LLC, and attendant Road Impact Fee credit amount for Livingston Road Improvements North of Immokalee Road, subject to entry into Developer Contribution Agreement. 17) Budget Amendment for the construction of Safety Refuge Shelters. C. PUBLIC SERVICES 1) Recommendation to authorize the Chairwoman to sign electronic subscription agreement to enable Library to subscribe to electronic versions of Literature Resource Center, Biography Resource Center and Marquis Who's Who. 2) Award of Bid 99-3001 Digital Photo Archival System for the Collier County Museum. 3) Authorize staff to utilize a portion of Veterans Community Park for a park open to dogs. 12 December 14, 1999 4) 5) 6) 7) 8) Approve Work Order #PR-GB-9918 to A. Gail Boorman & Associates for professional landscape architectural services at Sugden Park. Approve Work Order #VL-00-2 to Victor J. Latavish, A1A Architect for professional services at Tigertail Beach. Award of Bid 99-3000, "New Installation & Refurbishment at East Naples Skate Park" and approve associated budget amendment. Approve Work Order #ABB-FT-00-01 to Agnoli, Barber & Brundage, Inc. for professional engineering services at Max Hasse Park. Approve Work Order #BSW-00-1 to Barany Schmitt Summers & Weaver, Inc. for professional architectural services at Max Hasse Park. D. SUPPORT SERVICES 1) Approval of Two Contracts for Collection of Past Due Collier County Service and Fee Accounts Resultant of RFP #99-2948. 2) Recommendation to Award Bid No. 99-2979 for the Advertising of Delinquent Real Estate and Personal Property Taxes. 3) Quit Claim Collier County's Interest (if any) in Lands South of Pine Ridge Road Right-of-Way. 4) Request that the Board of County Commissioners Authorize Staff to Provide Notice in Order to Continue Leasing Space Concerning the Sheriff's Office Relocation of Building "A". 5) Recommendation to Award RFP 99-2999 to Conduct Pay and Classification Studies. 6) Approval of Resolution Ratifying Expenditures for Printed or Embroidered County Shirts and Hats as Serving a Valid Public Purpose. 7) Approve a Developer Contribution and Reimbursement Agreement for Right-of-Way Dedications Made on Immokalee Road and CR-951. 13 December 14, 1999 8) Approval for Staff to Negotiate a Lease Agreement with Horseshoe Square Development, L.C. in Order to Relocate the Department of Revenue and the Transportation Services Department. E. COUNTY ADMINISTRATOR 1) Approval of Budget Amendment Report - Budget Amendments #00-067; #OO-069. 2) Adopt a resolution authorizing expenditure of funds for a County Holiday Party to recognize public services performed by Collier County employees. F. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend function serving a valid public purpose. (Commissioner Mac'Kie) G. EMERGENCY SERVICES 1) Approval of a Disaster Relief Agreement with the State of Florida, Department of Community Affairs. 2) Approve the Budget Amendment for the budgeted merit increases for FY99. 14 December 14, 1999 H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Civil Judgement Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 88-1252-IT, 92-844-MI, 98-9429-MMA, 91-1914-CFA, 93-1401- CFA, 89-2835-MMA, 89-2835-MMA, 91-3205-MMA, 92-3314-MMA, 91- 4315-TM, 91-4316-TM, 91-4317-TM, 91-4318-TM, 92-1258-MMA, 92-4843- MMA, 92-6004-MM1, 94-4510-MMA, 92-1406-MI, 92-1394-MI, 97-8737- MMA, 98-7158-MMA, 97-9815-MMA, 98-6394-MMA, 95-1185-CFA, 98-388- CFA, 88-2140-TM, 89-79-TMC, 89-2025-TM, 89-2025-TM, 89-2026-TM, 89- 2669-TM, 89-2838-TM, 88-2165-MMA, 88-2321-MMA, 89-2838-TM, 88- 2165-MMA, 88-2321-MMA, 88-3807-TM, 89-3869-TM, 89-4751 -TM, 90- ll51-TMC, 90-2164-TM, 90-2476-TM, 90-4281-TM, 90-6876-TM, 90-6877- TM, 91-206-TMC, 91-347-TM, 91-1105-TM, 91-3222-TM, 90-6365-TM, 91- 3107-TMC, 91-4809-TMC, 91-5193-TMC 2) Miscellaneous items to file for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS 1) The Finance and Accounting Department seeks approval for a budget amendment required for payment of rebatable arbitrage on the Road Improvement Refunding Revenue Bonds, Series 1995. J. COUNTY ATTORNEY 1) Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds for healthcare facilities at Moorings Park. 2) Request by the Housing Finance Authority of Collier County for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment projects. 3) Recommendation that the Board authorize the County Attorney with the Risk Management Department Director to retain outside counsel to represent the County in damages lawsuits filed against the County. K. AIRPORT AUTHORITY 15 December 14, 1999 1) Authorize Chairwoman to execute resolution supporting the widening of 846 along the south side of Immokalee Regional Airport. 2) Immokalee Regional Airport - Extension of Temporary Use Permit for Immokalee Regional Raceway. Authorize an $60,000 transfer from General Fund Reserves to the Airport Operating Fund (Fund 495). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Adoption of an Ordinance creating the Rural Fringe Area Assessment Oversight Committee; providing for creation and purpose; providing functions, powers and duties; providing for appointment, composition, term of office, attendance and filling of vacancies; providing for officers, quorum and rules of procedure; providing for dissolution of the committee and repeal of this ordinance; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Be An Ordinance creating the Rural Lands Assesslhent Area Oversight Committee; providing for creation and purpose; providing functions, powers and duties; providing for appointment, composition, term of office, attendance and f'dling of vacancies; providing for officers, quorum and rules of procedure; providing for dissolution of the committee and repeal of this ordinance; providing for conflict and se, erability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. C. Petition DRI 99-1, Alan D. Reynolds, AICP, of WiisonMiller, Inc. and George L. Varnadoe Esq., of Young, VanAssenderp, Varnadoe and Anderson, P.A., 16 December 14, 1999 go representing Barron Collier Company, requesting development approval of "Winding Cypress", a mixed use Development of Regional Impact containing commercial, residential and golf course components, for property located on the East side of C.R. 951, North of U.S. 41 East and South of Sabai Palm Road, in Sections 26, 34 and 35, Township 50 South, Range 26 East, and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 1,928 +/- acres. (COMPANION ITEM TO PUD 99-23) Petition PUD-89-14(2), Anita L. Jenkins, AICP, of WilsonMiller, Inc., representing Owen M. Ward, trustee for Contract Enterprises, Inc., requesting a rezone from "PUD" to "PUD" known as Breeze~vood PUD to amend the PUD document having the effect of changing the property ownership, removing any reference to Tract I and Tract II to allow commercial office and hotel uses to occur throughout the parcel, and removing conservation areas from the Master Plan, for property located in the Southwest quadrant of the intersection of Immokalce Road (CR 846) and 1-75, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Petition PUD 89-28(2), William Hoover of Hoover Planning, representing 846 Developments of Naples, Inc., requesting an amendment to the Brentwood PUD for the purposes of reducing the maximum building height from 50 feet to 40 fret, eliminating light manufacturing, wholesaling aad general store uses, adding commercial retail uses and revising the water management plan for property located on the south side of Immokalee Road (C.R. 846) and on the northeast side of the Malibu Lake PUD, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Petition PUD-93-01-(5), Young, VanAssenderp, Varnadoe & Anderson, P.A., representing WCI Communities, Inc., requesting a rezone from "PUD" to "PUD" known as Pelican Marsh PUD for the purpose for amending Ordinance No. 99-33 having the effect of adding 141.6+acres for additional mixed use residential and golf course development and making related revisions to the Master Plan and text, and by rezoning the added land from "A' Rural Agricultural to "PUD" Planned Unit Development, for property located north of Vanderbilt Beach Road and east of Livingston Road, in Section 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. (COMPANION TO DOA-99-04) Petition PUD-94-01(1) Bruce Anderson, Esq., of Young, Van Assenderp, Vanadoe and Anderson, and Greg Stuart, AICP, of Stuart & Associates, representing Land Trust Naples, requesting a rezone from "PUD" to "PUD" known as Sierra Meadows PUD having the effect of modifying the Master Plan and PUD document by increasing the conservation reserve tract from 34+/- acres to 38+/- acres, reducing the number of multi-family dwelling units from 425 to 300, and increasing commercial square footage from 160,000 to 260,000 for property located at the Southwest quadrant of the intersection of Rattlesnake 17 December ! 4, 1999 ge Le Hammock Road and C.R. 951, in Section 22, Township 50 South, Range 26 East, Collier County, Florida consisting of 90.8+/- acres. Petition PUD-99-18, Robert L. Duane, AICP, of Hole, Montes & Associates, Inc., representing Olde Cypress Development Corporation, requesting a rezone from "A" Rural Agriculture and "PUD" (Olde Cypress PUD) to "PUD" Planned Unit Development to be known as Olde Cypress PUD for the purpose of increasing the project acreage from 500.1+_ acres to 528.79+_ acres and reducing the gross density from 2.2 to 2.1 residential dwelling units per acre for a maximum of 1,100 residential dwelling units for property located on the north side of lmmokalee Road (C.R. 846), approximately 1.3 miles east of 1-75 in Section 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. (COMPANION TO DOA-99-03). Petition PUD 99-23, Alan D. Reynolds, AICP, of WilsonMiller, Inc., and George L. Varnadoe, Esq. of Young, VanAssenderp, Varnadoe and Anderson, P.A., representing Barron Collier Company, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Winding Cypress for a maximum of 2,892 residential dwelling units golf course, and a maximum of 30,000 square feet of retail, office and recreational uses for property located on the east side of C.R. 951, north of U.S. 41 East and south of Sabal Palm Road, in Sections 26, 34 and 35, Township 50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 1,928 +/- acres. Petition PUD-99-24, Alan D. Reynolds, AICP, of WilsonMiller, Inc., and R. Bruce Anderson, of Young, Van Assenderp, Varnadoe & Anderson, representing G-4 Partnership, requesting a rezone from "A" Agriculture and "RSF-3" to "PUD" Planned Unit Development to be known as Pine Ridge Commons for a maximum of 275,000 square feet of retail commercial and office uses for property located on the northeast quadrant of the intersection of Pine Ridge Road and Goodlette-Frank Road, in Section 10, Township 49 South, Range 25 East, Collier County, Florida, consisting of 31+ acres. Petition CU-99-11 Jason Laskey of Mastec Wireless Services, representing Sprint Spectrum L.P., and Gator Airboat Tours, requesting a conditional use of a telecommunications tower and recreational/tourist business in the "A- ACSC/ST" Rural Agricultural zoning district, within an Area of Critical State Concern and a Special Treatment Overlay area, located at 31112 Tamiami Trail East, in Section 2, Township 53 South, Range 29 East, Collier County, Florida. Petition CU-99-23, J. Gary Butler, P.E., of Butler Engineering, Inc., representing .James Soper, requesting Conditional Use "6" of the "RMF-16" zoning district for an assisted living facility for property located on the north side of US 41 South, on Lot L, Lely Golf Estates in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.74+/- acres. 18 December 14, 1999 NJ Petition V-99-20, James J. Jesella requesting a 5-foot variance from the required side yard setback of 15 feet to 10 feet along the south property line for property located on Santa Barbara Boulevard, further described as Lots 21 and 22, Block 188, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. Petition V-99-22 Kevin L. Denti, Buckingham, Doolittle & Burroughs, for Ronald A. Fowle, Naples Car Wash, requesting a 15-foot variance and an 18- foot variance to reduce the required 25 foot front yard setbacks to 10 feet and 7 feet for a corner lot with double frontage located at 2595 East Tamiami Trail in Section 11, Township 50 South, Range 25 East, Collier County, Florida. Petition DOA-99-03, Robert L. Duane, AICP, of Hole, Montes & Associates Inc., representing Olde Cypress Development Corporation, requesting an amendment to the Olde Cypress Development Order No. 86-1, as amended, (formerly known as Woodland's DRI) for the purpose of adding 28.7 + acres and decreasing the gross density from 2.2 to 2.1 dwelling units per acres, located on the north side of Immokalee Road (C.R. 846) in Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida, consisting of 528.79 + acres. (COMPANION TO PUD-99-18). Petition DOA-99-04 George L. Varnadoe of Young, VanAssenderp, Varnadoe & Anderson, P.A., representing WCI Communities, L.P., for an amendment to the Pelican Marsh Development of Regional Impact (DRI) Development Order No. 95-01, as amended, for the purpose of increasing the project acreage by 141.6+ for a total of 2,213.6+ acres, reducing the number of residential units from a ~naximum ,~f 4,900 to a maximum of 4,800 dwelling units, decreasing the gross density from 2.36 units per acre to 2.16 units per acre, increasing the number of golf holes by 9 for a total of 72 holes resulting in an increase of golf course/open space from 578.8 acres to 642.4 acres, and revising the distribution of commercial land uses in activity center designated areas for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by future Livingston Road, and on the south by Yanderbilt Beach Road in Sections 25, 27, 34, 35 & 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida, consisting of 2,213.6+acres. (COMPANION TO PUD-93-01(5)). Qe Approval of an ordinance amending Ordinance Number 99-46 Land Development Code Amendment to correct a scrivener's error due to the omission of an amendment to facilitate the administrative approval of preliminary subdivision plats heard and approved at a public hearing on June 16, 1999. 19 December 14, 1999 Ro Ye THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition PUD-99-22, Richard D. Yovanovich of Goodlette, Coleman, & Johnson, P.A., representing James D. Vogel, Trustee, requesting a rezone from "A" Rural Agricultural and "A-ST" Rural Agriculture with special Treatment Overlay to "PUD" Planned Unit development, for property known as San Marino PUD, a residential development and golf course with a maximum of 353 multi-family residential units, for property located on the east side of C.R. 951 approximately 1.5 miles south of Davis Boulevard, in Section 11, Township 50 South, Range 26 East, Collier County, Florida, consisting of 235.33 +/- acres. THIS ITEM HAS BEEN WITHDRAWN. Petition CU-99-20, Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Golden Gate Seventh-Day Adventist Church, requesting Conditional Use of the "E" Estates zoning district per 2.2.3.3 of the Land Development Code for a church and church related facilities for property located on the east side of 39th Street SW, in Section 14, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5 +/- acres. An Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District: To add Brookside Units 1-3, Coconut Creek Units 1-3, Coconut Grove Units 1-3, Fairview Subdivision, Flamingo Estates, Gates Mills, Huddleston's Subdivision, Johnnycake Cove, Mentor Pines, Naples Groves & Truck Co's Little Farms No. 2, Naples Villas, Rainbow Cove, Rock Creek Park, Creek Terrace, Sunrise Villas, Sunset Subdivision, Turnbury, Willoughby Acres, Willoughby Pines, and Willow West to the Collier County Lighting District; providing for inclusion in Code of Laws and Ordinances; providing conflict and severability; providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 20 December 14, 1999 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING DECEMBER 14~ 1999 ADD: ITEM 7(B) - MR. NOWAK REGARDING SEWER IMPACT FEE. (STAFF'S REQUEST). ADD: ITEM 9(B) - CORRECTIVE APPROVAL OF AGENDA ITEM 8(A)(1) OF THE 11/23/99 BOARD MEETING REGARDING TOURIST DEVELOPMENT FUNDING IN THE AMOUNT OF $9,853.01 FOR THE NAPLES SPORTS FESTIVAL HELD ON AUGUST 8-10, 1999. (COUNTY ATTORNEY'S REQUEST). ADD: ITEM 9(C) - RECOMMENDATION TO APPROVE ATTORNEY'S FEES FOR TAKING OF PARCELS 713A, 713B, 813A AND 813B IN THE CASE OF COLLIER COUNTY VS. NAPLES ITALIAN AMERICAN CLUB, INC., ET AL, CASE NO 98-1672-CA-01. (COUNTY ATTORNEY'S REQUEST). ADD: ITEM 10(K) - MPO REQUEST FOR A ONE-TIME EXCEPTION FROM CONTRACT TO ALLOW FOR REPAIR OF VEHICLES BY COUNTY. (COMMISSIONER CONSTANTINE). MOVE: ITEM 17{T) TO 12(C)(3) - AN ORDINANCE AMENDING ORDINANCE NO. 72~1 AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD BROOKSIDE UNITS 1-3, COCONUT CREEK UNITS 1-3, COCONUT GROVE UNITS 1-3, FAIRVIEW SUBDIVISION, FLAMINGO ESTATES, GATES MILLS, HUDDLESTON'S SUBDIVISION, JOHNNYCAKE COVE, MENTOR PINES, NAPLES GROVES & TRUCK CO.'S LITTLE FARMS NO. 2, NAPLES VILLAS, RAINBOW COVE, ROCK CREEK PARK, CREEK TERRACE, SUNRISE VILLAS, SUNSET SUBDIVISION, TURNBURY, WILLOUGHBY ACRES, WILLOUGHBY PINES AND WILLOW WEST TO THE COLLIER COUNTY LIGHTING DISTRICT. (COMMISSIONER BERRY'S REQUEST). NOTE: ITEM 10(A) - REQUEST THAT THIS ITEM BE HEARD AT 9:30 AM - RESOLUTION TO RENAME BUILDING "F" AS THE W. HARMON TURNER BUILDING. NOTE: ITEM 12(B){1) - REQUEST THAT THIS ITEM BE HEARD IMMEDIATELY FOLLOWING ITEM 10(A) - PETITION PUD-99-7 REZONE FROM "A" RURAL AGRICULTURE AND "E" ESTATES TO PUD TO BE KNOWN AS THE PRC & M PUD LOCATED ON SOUTH SIDE OF VANDERBILT BEACH ROAD. STAFF COMMUNICATIONS - DISCUSSION REGARDING STRATEGIC PLANNING SESSION DATE - JANUARY 12TM - 9:00 AM TO NOON. PROCLAMATION WHEREAS, the Friends of the Collier County Museum, Friends of the Museum of the Everglades and Friends of Roberts' Ranch have taken a leadership role in the growth and development of Collier County's historical museum as a cultural and educational resource for the community; and, WHEREAS, the Friends of the Museum, since its inception in 1986, working in partnership with Collier County Government, have contributed more than $2.5 million worth of professional services and long. term benefits in the way of new construction, artifacts and exhibits, botanical gardens and historic buildings; and, WHEREAS, WHEREAS, the Friends have provided a base of sound financial support for school and family-centered activities such as the annual Old Florida Festival, the Museum Express program and a wide variety of lectures, conferences and special exhibitions to stimulate greater.public appreciation of Collier County's unique heritage; and, the in nd;UPP ort of the CoUnty co~buied'more than ~,900 hOurs Of Servic~ at~'~:~d over 7,000 local ~s~ direCtbrs,'~memberS ahd bOlUt~:teers of the ~ Of the Collier Cod~b Museum, Musbum'°f th~:EV~b~glades and ~ '~ Ranch, who gehf~o~ contribute their time and talent to e~::?ha~ ~he richness and div6n~ of Our historical and cuUural herita~e ~o~sibty prese~ed for the benefit of PrObit :andAtt~r~ OONE AND ORDERED THiS 14th BOARD OF CO~TY COMMISSIONE~ COLLIER CO~, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK AGENDA ITEM no.~..~_~l DEC 1999 pg. / PR OCL/tMA TION IVtIEREAS, the Collier County Parks attd Recreation Advisory Board is a group of volunteer citizen~'that gives of their own time to provide significant.input and advice to Collier Cottnfy Government; and, WtlEREAS, the Parks Department has, sittce the initial park bond isstte of l986, faced a significant period of growth attd development; and, WHEREAS, during this period, the Department has contributed significantly to the quality of this community's life, adding 20 new parks attd 1,358 additional acres of park land and green space; attd, WHEREAS, Gil Mtteller was originally appointed to serve as a member of the Parks and Recreation Advisory Board itl 1989; and, IVtIEREAS, Mr. Mueller continued to serve for tivelve years, gave countless hours of his personal time, and provided expe~'le~e t~nd guidance during the formative years of the Department's developme'nl; and, WHEREAS, Mr. Mneller's assistance was instrttmental and valuable itt developing one of the finest CottnO, Park's and Recreation systetns in the United States. NOW THEREFORE, be it proclaimed by the Board of Connty Commissioners of Collier Couno,, Florida, that the efforts of MR. GIL MUELLER hav~ warranted this proclamation of special recognition and appreciation on behalf of the Board of Collier County Commissioners for his dedication, consistent hard work and valuable assistance to the Citizens of Collier CottnO, attd the Cottnt.$, ~$ Parks and Recreation Department. DONE AND ORDERED TIIIS 14th Da), of December 1999. BOA R D 0 F CO UN T Y CO~II~ fISSIONERS COLLIER COUNTI; FLORIDA ATTEST: P~IMELA S. MAC'KIE, CIlAIRWOMAN DI~TGIIT E. BROCK, CLERK PROCLAMATION WHEREAS, in Goodland, Florida, there e~rists a well-known restaurant called "Stan 's Idle Hour Seafood Restaurant" (Stan 's"); and, IVttEREAS, at Stan 's, patrons engage in an activity that can loosely be described as a "dance" known far and wide as the "Bu~zard's Lope"; and, WHEREAS, in keeping with the spirit of the widely renowned "Bu~zard's Lope" the Board of County Commissioners ("Board"} has been requested to name as "Buzzards' Bay South" that small saltwater inlet north of and adjacent to Stan 's; and, IVltEREAS, after due deliberations, the Board has decided to name the subject small saltwater inlet "Buzzards Bay South "; and, IVttEREAS, there exists in Cape Cod Bay, Massachusetts, a larger body of saltwater called "Blizzards Bay", which Should'not bk Confused with "Buzzards' Bay South" of Goodland, Florida. ' NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that: · · L The small saltwater inlet north ofandadjacent to "Stan's Idle Hour Seafood Restaurant'; 22l Goodland Drive IVes~, Goodland, Florida, never previously having been named by Collier 'County, nor insofar as we have been able to ascertain, by the Government of the Untied States, the National Oceanographic and.4tmospheric A dministration, the State of Florida or any other governmental entity havlngjttrisdiction is hereafter to be known locally as "Buzzards' Bay South". Tit e small saltwater i.let to be known locally as "Buzzards' Bay South" is located at approximately Latitude 25 degrees, $$ minutes, 33 seconds North; attd Longltttde Ill degrees, $8 minutes, 54 seconds West. DONE AND ORDERED TIIIS 14th Day of December 1999. BOA RD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CIIAIRWOMAN DWIGHT E. BROCK, CLERK DEC 1 1999 "BUZZARDS' BAY SOUTE 'j'' f'~^J~ mEc ^vc~uu~- CIJ(:IJNU I AVENUE 'N II11.1. _s./ EXHIBIT "A" TO RESOLUTION PAGE 1 OF 2 AG E N~AJ T/E..M,, DEC 1 ,t IS99 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JULIO TORRES, CUSTOMER SERVICE REPRESENTATIVE II, PUBLIC WORKS ENGINEERING DEPARTMENT, AS EMPLOYEE OF THE YEAR FOR t999. OBJECTIVE: The "Employee of the Year" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Julio Torres has been employed with Collier County since 1998. Working in the Public Works Engineering Department as a Customer Service Representative II, Julio's job is full of many demands from the public as well as his co-workers. He meets this challenge every day in a very patient, professional manner. Julio has developed a Personal Office Log for this department which consists of general duties and actions taken on daily situations, which has resulted in higher productivity. Julio also developed a systematic mechanism for tracking the County vehicles. This system can give information on each department vehicle from the mileage on the vehicle to ensuring the vehicle's insurance cards are current and posted. Julio is responsive and professional in responding to customers. On numerous occasions he has escorted customers to the door while giving them directions to other offices located on the campus. Julio is an alert, self-disciplined employee with a very positive attitude and is very deserving of the recognition of Employee of the Year. FISCAL IMPACT: "Employee of the Year" selectees receive a $250.00 cash award. Funds for this 'award are available in the Department Budget. RECOMMENDATION: That Julio Torres, Customer Service Representative II, Public Works Engineering Department, be recognized as the "Employee of the Year" for 1999. Mary-,t0 Bl~ Admi nis'tra{iv~'Secretary Mike McNees Assistant County Administrator County Administrator's Office AGEND,~ ITEM No.~ DEC ! 1999 Pg. COLLIER COUNTY ADMINISTRATOR'S OFFICE December 1, 1999 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX: (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Linda Friar, AICP Florida Coordinator Strategic Planning Team South Florida Ecosystem Restoration Task Force Florida International University OE 148 University Park Miami, FL 33199 Re: Request for Public Petition - South Florida Ecosystem Restoration Task Force's Strategic Planning Initiative Dear Ms. Friar: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 14, 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. Sincej'ely, 'Robert F./Fernandez .,~ County Administrator ~ RFF/bp cc: County. Attorney Vince Cautero, Community Development & Environmental Services Division AGENDA ITEM No, 7[ Pg._ f , SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE Office of the Executive Director STRATEGIC PLANNING TEAM Florida International University, OE - 148/University Park, Miami, FL 33199 Phone 305.348.1660 Fax 305.348.1667 Barbara Pedone Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 October 6, 1999 D~ar Ms. Pedone This letter will seawe as a follow-up to a reeamt conversation I had with Commissioner Norris at a Southwest Florida Regional Planning Council meeting regarding the South Florida Ecosyst~n Restoration Task Force's strategic planning initiative. The Task Force Planning Team would like to address the County Commission during a regular meeting or workshop in November to provide an overview of the issues we discaissed in our presentation to the Regional Planning Council and then to representatives of your planning staff earlier this year. Commissioner Norris suggested that I put this request ;n the form of this letter to your attention in order to schedule time to speak to the commission. The presentation generally lasts about twenty minutes, the first tm minutes prodded by a Working Group member who will talk about the structure and work of the South Florida Ecosystem Restoration Task Force and its Florida based Working Group. The last ten minutes, provided by a planning team member, will brief the Commission on the planning initiative. Time needed for response and questions from the elected offidals should be around 10 minutes, dep~ding on the Commission's level of interest in the issues presented. The goals of this pr~entatio~ are to provide a brief overview of the South Florida Ecosystem Restoration Task Force and its local Working Group's background and current activities that are relevant to Collier County. The presentation will provide Collier County leadership information about the Task Force planning initiative currently undervcay and request any information that will give the planning team a better understanding of the County's -niqhc cor~c~ ns related to ~cosystcm restoration efforts and how Cellier Ceunty :tefines ;heir ' %ion of a i,ositive tuture for its citizem'y. 1 have included a draft agenda item for use in your read-ahead package. Please let me know the date and forum you have selected for this presentation so that I can schedule a Working Group member to attend. Thank you for your time and cor~perat;on. Sincerely, Florida Coordinator Strategic Planning Team cc: Commissioner Norris Robert Mulhere, Director Planning Services Dept. Enc.: Draft Agenda Item AG EN D~,JT.,E,~ NO. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE Office of the Executive Director STRATEGIC PLANNING TEAM Florida International University, Og - 148/UntverMty Park, Miami, FL 33199 Phone 305.348.1660 ~ 305.348.1667 AGENDA ITEM # SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE WORKING GROUP AND INTEGRATED STRATEGIC PLANNING TEAM PRESENTATION BACKGROUND The South Flodda Ecosystem Restoration Initiative currently consists of neady 200 environmental restoration, growth management, agricultural, and urban revitalization projects, programs, and initiatives that are designed to make South Flodda more sustainable in the future. These projects are being implemented by a multitude of public and private organizations throughout the Sixteen County South Florida Region. The restoration activities are generally guided and integrated into the restoration project by the South Florida Ecosystem Restoration T.~sk Force (Task Force), its Flodda based Working Group, vadous advisory boards, such as the Governor's Commission for a Sustai~able South Ftodda and other technical working groups (e.g. Science Coordination Team, Public Outreach Steedng and Support Team, and project coordination teams.). These entities interact and cooperate with one another through federal and state mandates, formal agreements, treaty and trust responsibilities, ordinances, partnerships, and coalitions. The Task Force is a partnership of local, state, tdbal, and federal leaders in the South Florida ecosystem working to coordinate their respective restoration activities. The Task Force created a Florida-based Worldng Group who meet on a regular basis to better coordinate the many activities linked to assuring oppodunitdes for a positive future for all South Ftoddians. In the process of monitoring and coordinating the progress of these multiple activities, the Worldng Group noted the many local initiatives that should be recognized and integrated into the planning process of the Task ?c. rce. The Workin~ Group cha,ged its Executive Di~ecto~ to a~,semble a planning team and prepare a draft Integrated Strategic Plan (ISP) for ecosystem restoration, maintenance, and protection that would reflect all activities in South Flodda that impact restoration efforts. The purpose of this initiative is to produce a guiding document that supports improved coordination of federal, state, regional, local, and tdbal planning efforts and projects related to restoring the South Flodda ecosystem. The Task Force s[rategic planning team has been in place since. September of 1998 and is currently in phase one of a three-phase planning process. This first phase includes collecting information on existing plans, examples of sustainable programs from the 5 regional planning councils, 16 counties and other entities within the region. This information will assist in the development of a plan that documents a common vision and its benefits and facilitates a collaborative coordinated implementation process that includes a system to track progress in fulfilling the vision. on ecosystem restoration efforts, collect information on planning and development goals, information that will provide this planning team with a substantive understanding of how th defines its vision of a positive future for its citizenry. The goai of [his prese,~tation/discussior, i~ twofotcl: First, to prowde the Commi~ion with info~on a~ the Task Fo~, ~'s Io~1Wo~ng Group and ~e int~r~ ~rat~ic planni~ in~ia~e ~ffently u~ay. Se~nd, Is to a~uire a be~er unde~andi~ of unique r~ional, co~mty, and mun~pal v~ nd a~uim anv , Cou~EN~ ~T~ No. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE Of~lce of the Executive Director STRATEGIC PlANNiNG TEAM Florida International University, GE - 148/Universlty Park, Miami, FL 33199 Phone 305.348.1660 Fax 305.348.1667 Specifically the presenters will request information on success stories and local challenges of the communities guided by this board. NO ACTION REQUIRED Local Contact: Linda Friar, AICP Flodda Coordinator, Strategic Planning Team South Flodda Ecosystem Restoration Task Fome, Office of the Executive Director Phone 305.348.1660 or PagerNoice mail 888.202.0839 Fax 305.348.1667 AGENDA, ITEM No,, ¥ x-j COLOR COUNTY ADMINISTRATOR'S OFFI November 22, 1999 3301 E T~TRML NAP! .FS, FLORIDA 34112 (941) 774-8383 FAX: (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNfI'V Mr. Richard Nowak 111 W. Wayne Street Maumee, Ohio 43537 RE: Request for Public Petition Hearing - Sewer Impact Fees Dear Mr. Nowak: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 14, 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. Thc meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of thc 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. 'Robert F. Fernandez,~ount)r Administrator CC: Ed Ilschner, Public Works Administrator David C. Weigel, County Attorney Edward N. Finn, Director of Public Works Operations Pg. Sept.22 1999 Richard Nowak 111 W. Wayne St Maumee, Ohio 43537 Ph. 419-893-8338 Mr. Robert Fernandez 3301 E. Tamiami Tr. Naples, Fl. 34112 Dear sir; I have been in correspondence with Mr Edward Finn. He recommended that I write to you. I would like to have a hearing in according to ordinance 3.01 on the sewer impact fee ordinance #98-69. I have a mobile home at Holiday Manor Trailer Park on RT 951 just south of RT41 (113 Mahogany Ln). I feel that the fee schedule set is very unfair, and is not even lawful. I have nothing against paying the sewer impact fee as long as it is fair. I sent a check for $588 which I thought I thought I should pay, at the rate of 70 cents a square ff. Instead I will be paying $5.94 a square ff. over the base price of $520 for 750 square ff. The price structure is ridiculous and ludicrous. I have a mobile with 840 square ft. and have to pay for a mobile of 1,500 square ft. The law indicates payment of'space', obviously meaning square ff. of the unit, in my case of 840 square ft. per say, not 1,500. I believe that the law is being misinterpreted, and would like to voice my opinion. My only problem is that I cannot come down to Naples until about the 12~ ofNov~ I had cervical neck fusion just recently, and am under doctors care. I would appreciate it if arrangements could be made after that date. I am very upset about this situation and would like to have 'my day in court' RESPECTFI~LY, Richard Nowak EXECUTIVE SUMMARY A RESOLUTION ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD ON MARCH 14, 2000, WITItlN COLLIER COUNTY TO DETERMINE BY STRAW BALLOT IF TIlE QUALIFIED ELECTORS APPROVE CONTINUING THE ADDITIONAL ONE PERCENT TOURIST DEVELOPMENT TAX. OBJECTIVE: Approve a resolution ordering and calling a referendum election to be held on March 14, 2000, within Collier County to determine by straw ballot if the qualified electors approve continuing the additional one percent Tourist Development Tax. CONSIDERATION: On September 14, 1999 the Board of County Commissioners approved ordinance 92-60 extending the duration of the one percent levy until June 30, 2000. The Board directed staff to return with a ballot resolution. If voters approve continuation of the additional one percent levy, it will continue until terminated by the BCC. If voters disapprove the continuation of the one percent, it will sunset on June 30, 2000 unless the Board adopts an ordinance amendment to continue it. It is the Tourist Development Council's recommendation to continue this one percent Tourist Development Tax levy past the June 30, 2000 deadline. The proposed ballot question is: Shall the existing additional one percent tourist development tax pursuant to Ordinance No. 95-56 continue to be levied in Collier County to fund beach renourishrnent and other tourism-related uses as authorized by Section 125.0104, Florida Statutes. FOR the continuation of the additional One Cent Tourist Development Tax AGAINST the continuation of the additional One Cent Tourist Development Tax FISCAL IMPACT: The revenue from the collection of the additional one percent levy in July, August and September of 2000 will be $403,300. The annual fiscal impact will be approximately $2,583,000 for the additional one percent levy. GROWTH MANAGEMENT: None RECOMMENDATION: To have the Board of County resolution. Jan~Ei E~chhorn, rrDC Coordinator H~sing and Urban Improvement REVIEWED BY: Greg Mf~ic~,Director -"'"'~ ~ ~~si and Urban, Improvement APPROVED BY: Commissioners approve the attached DATE: DATE: ./2 ',O/- ? ~ DATE: AG E NJ~A.J TJg,~l ~ DEC i 4 1999 Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services RESOLUTION 99- A RESOLUTION ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD ON MARCH 14, 2000, WITHIN COLLIER COUNTY TO DETERMINE BY STRAW BALLOT IF THE QUALIFIED ELECTORS APPROVE CONTINUING THE ADDITIONAL ONE PERCENT TOURIST DEVELOPMENT TAX. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 92- 60, which levied and imposed a two percent tourist development tax; and WHEI~EAS, the Board of County Commissioners adopted Collier County Ordinance No. 95- 56, which levied and imposed an additional one percent tourist development tax to fund beach renourishment; and WHEREAS, the Board of County Commissioners desires to determine by straw ballot if a majority vote of the qualified voters of Collier County voting in a referendum election approves the continuing levy of the additional one percent tourist development tax to fund beach renourishment and other uses authorized by Section 125.0104, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to be in the best interests of the citizens of Collier County to call a referendum election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~.~.TJt~J~. REFERENDUM ELECTION CALLED. A straw ballot referendum election'be and is hereby ordered and called to be held on March 14, 2000 for the purpose of submitting to the qualified electors of Collier County the question of whether the levy of an additional one percent tourist development tax shall continue. i~F~,TJ.O.~]D~. PERSONS ENTITLED TO VOTE. The persons entitled to vote in the straw ballot referendum election shall be all the qualified electors residing within Collier County, Florida. SECTION THREE. BALLOT AND ELECTION OFFICIALS. The election shall be held within Collier County as a county-wide election. The straw ballot referendum election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. AG E N.D~,T~E M / No. '-~;./~4--~. / DEC 1 4 1999 ~ FORM OF THE BALLOT. A. The ballot to be used in said referendum election shall be in substantially the following form: OFFICIAL BALLOT STRAW BALLOT REFERENDUM ELECTION ON CONTINUATION OF THE ADDITIONAL ONE PERCENT TOURIST DEVELOPMENT TAX Shall the existing additional one percent tourist development tax pursuant to Ordinance No. 95-56 continue to be levied in Collier County to fund beach renourishment and other tourism-related uses as authorized by Section 125.0104, Florida Statute& FOR the continuation of the additional One Cent Tourist Development Tax AGAINST the continuation of the additional One Cent Tourist Development Tax B. The Supervisor of Elections shall include on all ballots such instructions to voters as are necessary. ~SJ~I~l~. ~IOTICE OF ELECTION. The Clerk of this Board shall publish a notice of the referendum election in the Naples Daily News, a newspaper of general circulation published in Collier County, Florida. There shall be at least thirty (30) days notice of said election, with publication to be made at least twice, one in the fifth week and one in the third week prior to the week in which the referendum election is to be held. Said notice shall be in substantially the following form: I~IOTICE OF REFERENDUM ELECTION BY STRAW BALLOT NOTICE IS HEREBY GIVEN, that a straw ballot referendum election will be held on March 14, 2000, in Collier County, Florida, to determine if the qualified electors residing within Collier County approve the continuation of the existing additional one percent tourist development tax to fund beach renourishment and other tourism-related uses as authorized by Section 125.0104, Florida Statutes. The election shall be conducted by election officials appointed by the Supervisor of Electious pursuant to applicable general law. All qualified electors residing within Collier county may vote in said referendum election. Absentee voting may be permitted upon compliance with applicable provisions of general law. No. DEC 1 1999 Pg. ~3 This Resolution adopted after motion, second and majority vote favoring same. Dated: ATTEST DMGHT E. BROCK, Clerk BOARD OF COUNTY COIVIMISSIONERS COLLIER COUNTY, FLORIDA By: By:. PAMELA S. MAC'K[E, Chairwoman Approved As To Form and Legal Sufficiency: Heidi F. Ashton Assistant County Attorney h:hg/hfa/99 Res.-Refe~,ndum Additional 1% Tourist Dev. Tax AGE M DEC 1 ~[ 1999 EXECUTIVE SUMMARY APPROVAL OF A TEMPORARY USE PERMIT TO AUTHORIZE TEMPORARY RAISING OF HOGS 1N THE ESTATES ZONING DISTRICT FOR YOUTH INVOLVED IN 4H PROJECTS IN CONJUNCTION WITH THE COUNTY FAIR. OBJECTIVE: To allow on a temporary basis, for youth involved I the 4H program to be able to raise hogs in the "E" Estates zoning district for a period of time preceding and following the Collier County Fair and Agricultural Exposition. CONSIDERATIONS: On November 23, 1999, the Board directed staff to prepare a Land Development Code (LDC) amendment to allow youth residing in the "E" Estates zoning district to raise hogs (on a temporary basis) for presentation at the Collier County Fair and Agricultural Exposition held in January of each year. Additionally the Board directed staff to determine if a temporary use permit may be issued by the Board to allow temporary raising of hogs in conjunction with 4H and the County Fair for this year, since the LDC amendment will not be effective until June of the year 2000. Section 2.6.33.9.2 of the LDC allows the Board to authorize a temporary use permit for a period of' time not to exceed eight weeks (56 days), for temporary sports, religious or community events. In the opinion of staff, the Board may authorize approval of a temporary use permit to authorize raising of hogs in the "E" Estates district in conjunction with the 4H youth program and the Collier County Fair and Agricultural Exposition. As a condition of the temporary use permit, staff recommends the following: the number of hogs authorized be limited to no more than two per single-family residence; any area in which the hogs are kept be located a minimum of 30 feet from any lot line and 100 feet from any adjacent residence, that the temporary use permit be authorized only for "E" Estate zoned lots exceeding land ~A acres in size. If authorized for eight weeks, commencing on Dccember 14, 1999, the temporary use permit will be e£fective until February 7, 2000. FISCAL IMPACT: Temporary use permits require payment ora $75.00 fee. Given that the Board has directed staff to prepare this temporm-y use permit, and given the thct that it will apply generally to any youth wish to raise up to two hogs during the permit period in conjunction with the 4H and Collier County Fair and Agricultural Exposition, should the Board wish to waive the fee for this permit, staffwill include the $75.00 fee in a budget transfer to be prepared at the close of the fiscal year cumulatively addressing all fee waivers approved by the BCC. STAFF RECOMMENDATION: That the Board of County Commissioners attached temporary use permit and waive the $75.00 fee. PREPARED BY: .~'~.,~--~6~- Date: ' K/~ber[.J. Mulhere, AICP ---- ' · P~an~ng Services'D/e~rtment Director APPROVED BY: Vincent A. Cautero, AICP Community Development & Environmental Services Administrator approve the AG EN.~h IT.,,~M ~,~ DEC i 4 ~999 [] Type of Event: Event Address: Event Dates: Property Owner: Name: Address: Phone: Applicant: Name: Address: COLLIER COUNTY TEMPORARY USE PERMIT SPECIAL EVENT TU- 99-0627 *Temporary Sports, Religious, or Community Event Various locations in the "E" Estates zoning district This permit is effective from __/__/__ to __/__/ (*Not to exceed 14 consecutive days) Applies to several properties in the "E" Estates zoning district Phone: Collier County Planning Department 2800 No. Horseshoe Drive N ap Le_s~. Florida _34104 403-2400 Attach two (2) copies of a site plan which depicts: property boundaries ¢,xtorr~8t ~oads access points parking (improved & unimproved to be used by vehicles during event) buildings proposed sign locations AGEND,& ITF.~ ~ DEC J. 4 1999 SITE INFORMATION Zoning: "E" Present Use: [] undeveloped · developed; type of business single family Parking: N/A [] undeveloped; site plan indicates designated parking areas [] developed; site plan indicates a maximum of 10% of the parking area occupied by the special event Banner or Sign: N/A Collier County Land Development Code Section 2.6.33.6.2 allows one temporary sign or banner in conjunction with a temporary use permit (2 signs are allowed for properties with more than 1 street frontage). MAXIMUM SIZE = 32 square feet, WIND SIGNS (including balloons, streamers, rotating devices and unofficial flags) AI~F: PROHIBITED. 'T~affic Safety: NiA Authorization from the Collier County Sheriff's office may be required for certain events. [] undeveloped: proposed access points are shown on the site plan [] developed; access points existing Exterior Lighting: N/A [] existing [] additional lighting indicated on site plan Noise: N/A [] no music or noise proposed FI music/noise ~s anticipated from Alcoholic Beverages: N/A [] alcoholic beverages will not be sold or consumed [] a copy of the Florida Beverage Commission permit is attached Restrooms: N/A [] existing facilities will be available [] portable facilities are shown on the site plan Security Guard: N/A [] security will be provided [] security will not be provided 2 Other Requirements: 1) Applies to the Estates zoned .parcels eaual to or greater than 1~4 acres in size. 2) Maximum number of Hogs not to exceed two .Der residence _any residence. 3) Areas in which hogs are kept shall be a minimum of 30 feet from any property line and 100 feet from any adjacent residence, Property Owner/Manager Date Approval: Date COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 3 AGEN~, ~.T~p~ ~ NO. ~ DEC i ,~ 1999 EXECUTIVE SUMMARY PROPOSAL TO PREPARE REGULATIONS TO INSURE THAT PROPERTIES IN NORTH NAPLES (SECTIONS 18 AND 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST) ARE DEVELOPED IN A COORDINATED MANNER WITH REGARD TO PUBLIC ROADS, STORM DRAINAGE, WATER, AND SEWER UTILITIES. OBJECTIVE: The objective of this request is to require the property owners to initiate a collaborative effort to address and resolve the matter of proportionately sharing the cost of infrastructural improvements. This is required to insure that the development of these properties proceeds in a coordinated and integrated manner which takes into account the requirement for a local collector public street, from which all development approvals will interface, and to insure that adequate provision is made for other supporting infrastructure based on the cumulative impact and needs of all of the properties in the defined area. The plan should provide an area-wide, integrated transportation network having the effect of integrating neighborhoods, and providing residents of the area direct access to commercial services located at the intersection of Whippoorwill Lane and Pine Ridge Road, and nearby activity centers. The plan should address needed improvements to Whippoorwill Lane and provide for the dedication of land to create an east-west road link between Livingston Road and Whippoorwill Lane, necessary to facilitate traffic movements between Pine Ridge Road and Livingston Road and to reduce impacts at nearby major intersections. The plan should provide for an overall stormwater management system which identifies and provides for necessary stormwater management facilities. The plan should also provide for an overall utility extension plan to evaluate the feasibility of accessing nearby County facilities in order to provide utility service to the area as a whole. CONSIDERATIONS: The site is located west of 1-75, south of Pine Ridge Road, north of Wyndemere PUD and east of the future Livingston Road extension in Section s 18 and 19, Township 49 South, Range 26 East (see attached map). Cumulatively, these petitions affect approximately 500 acres of land. If current zoning requests are approved, 2,448 dwelling units will be authorized for development. Recognizing the desirability of a coordinated development plan staff took the initiative to seek recognition by all jurisdictional county agencies that we ought to look at this area in a holistic, coordinated manner relative to the requirements for infrastmctural improvements. Staff from the Departments of Planning Services, Transportation Services and Public Works Engineering Division met on August 18, 1999 to discuss how we could achieve this and subsequently met on August 25, 1999 with property owners and their representatives to discuss our concerns for ensuring adequacy of infrastructural requirements including the need for making Whippoorwiil Lane a public street and creating an east-west leg to Livingston Road (i.e. local collector). Most property owners and their agents appeared receptive to this collaborative effort. Historically smaller rezoning petitions submitted in a piecemeal fashion have failed to address the cumulative impacts of development on land and County facilities. Typically, small scale rezonings have unfairly burdened the first developer in an area with having to provide road access and utilities to his site to the benefit of future developments without compensation. Additionally, piecemeal development has resulted in inefficient movement of traffic, lack of neighborhood integration, lack of roadway network interconnection, and in some cases failure to provide for adequate stormwater management and utility expansion needs on a regional basis. Preliminary staff analysis indicates that an additional 500 dwelling units utilizing Whippoorwill Lane for access will cause significant operational difficulties at its future signalized intersection with Pine Ridge Road. In response to this premise, proposed project petitioners retained professional assistance to conduct a traffic impact analysis with particular emphasis on the effect development will have on the intersection of Whippoorwill Lane and Pine Ridge Road. The conclusion of that study advised that improvements to this inter~ection in the way of turn lane capacity improvements can ameliorate the need to limit the anticipated growth rate that will impact this intersection. This report was reviewed by our Transportation engineering staff and they find fault with the study. Irrespective of this fact, however, staff remains convinced that Whippoorwill Lane and an east/west extension thereof to Livingston Road provides a valid public benefit and should be made a public street. Staff believes that the development of a public road providing an east-west link between Livingston Road and Whippoorwill Lane will result in significant benefit to all property owners in the area. Based on land development patterns and the location of commercial facilities, it is staff's opinion that a significant number of drivers living in that area will travel to the south and west. An alternative east-west route for motorists who desire to travel south from Whippoorwill Lane, will not force motorists to the intersection of Whippoorwill Lane and Pine Ridge Road, then back to the intersection of Livingston Road to Pine Ridge road, in order to access Livingston road to head south. An east-west link coupled with the extension of Whippoorwill Lane to the boundary of the proposed Livingston woods PUD will provide property owners fronting Livingston Road direct access to Livingston Road to access commercial facilities located at the intersection of Pine Ridge Road and Whippoorwill Lane, without having to travel on Pine Ridge Road. The proposed east-west link will also serve to integrate neighborhoods within the area, while providing for efficient traffic circulation and alternative routes to access nearby commercial facilities. Preliminary staff analysis indicates that there could be sufficient storage of stormwater discharge through various existing canals and nearby lakes provided stormwater management is properly planned to address the cumulative impacts proposed by development of land in the area, including the water runoff resulting from the future Livingston Road. The existing Kensingston Canal which runs east- west between the proposed Livingston Village PUD and Balmoral PUD is a private drainage easement for which the County is currently in the process of obtaining rights pursuant to the need for drainage for Livingston Road. Should the County fail to obtain usage rights and/or additional land area to expand its capacity, stormwater runoff from Livingston Road will have to be accommodate~ otherwise. A area wide master plan will allow developers and the County to properly plan for and obtain necessary easements and land in order to properly accommodate stormwater flow from property in this area. Staff has been informed that it is also the desire of the South Florida Water management District and Army corps for a area wide plan which addresses cumulative stormwater impacts. County wastewater and potable water facilities exist within the area. Specifically, there is an existing 16" water main and a 10" force main along the Livingston Roadcorddor and an 8" for~6 main on Pine Ridge Road. The plan should also provide for an overall utility extension plan to evaluate the feasibility of accessing nearby County facilities, and a plan to extend them to serve proposed development. Most importantly, the plan should evaluate the availability of sufficient capacity in the system to serve all of the proposed development. FISCAL IMPACT: A general overview of the fiscal impact would indicate that developer-funded improvements will have a minimal fiscal impact to the County. Properly accounting at this time for infrastructural improvements based on the entire area and having these costs borne by the property owners will avoid future costs to homeowners that may have otherwise resulted from the typical project by project development process. Any cost to the County would occur mostly in terms of staff review time associated with the submission of such a plan. The cost of the review is typically recovered in require fees at the time ofrezoning application, for which such a plans will be utilized. GROWTH MANAGEMENT IMPACT: The approval of this request will not affect or change the requirements of the Growth Management Plan. The request is consistent with the applicable elements of the Growth Management Plan and will have the effect of identifying cumulative impacts of a development on a specific region which has the objective of minimizing negative impacts on adopted level of service standards for County facilities. RECOMMENDATION: Staff recommends that the Board of County Commissioners go on record indicating that each and every application for rezoning approval demonstrate a commitment to proportionate sharing of costs of infrastructural improvements including the establishment of a public local collector road consisting of three optional locations in order of priority, Whippoorwill Lane and an east-west leg extension to Livingston Road and further that the alignment of said east/west road be prioritized in the order in which they are listed as follows: South and near parallel the Section line between 18 and 19 and Kensingston Canal. Parallel to the FP & L Easement. 3. Extension of Night Hawk Drive. Further that the following stipulation be made common to each rezoning approval. The issuance of building'permits will be suspended upon the issuance of permits for five hundred (500) dwelling units in the event that at such time Livingston Road is not yet completed for public travel between Golden Gate Parkway and Pine Ridge Road. o Prior to the completion of construction of Livingston Road, Whippoorwill Lane and its east/west connector to Livingston Road shall be constructed to county collector road standards, and dedicated to the County. Impact fee credits in part may be made for construction of said roadway from Pine Ridge Road to Livingston Road in the event said road is included on the traffic way map to the Traffic Circulation Element as an urban collector road. Adequate right-of-way as determined by the County's Transportation Department for Whippoorwill Lane 'and an east/west road shall be conveyed to Collier County pursuant to the provisions of Section 2.2.20.3.7. (i.e. 90 days following rezone action). The costs for acquisition of land for the east/west right-of-way shall be borne proportionately by all benefiting property owners having frontage on Whippoorwill Road or its east/west extension including the most southerly parcel of land. o Area wide drainage facilities and appurtenances including land requirements shall be under the control of Collier County. Prorated improvement costs to benefiting property owners shall have been determined and approved by said property owners. Both of these actions will take place prior to the issuance of building permits. A sanitary sewer collection system and potable water supply distribution system shall be designed having areawide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having areawide benefits will be prorated against all benefiting property owners. Both of these actions will take place prior to approval of any subdivision plat or site development plan. Staff further recommends that the Real Property division begin negotiating the acquisition of right-of- way along Whippoorwill Lane for properties for which no application is being made for a rezoning action. ,~-%ARED n,~ ~ RONALD F. NINO, AICP CURRENT PLANNING MANAGER \\, %0, DATE REVIEWED BY: d~ AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPliED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE LIVINGSTON ROAD PUD EX SUMMARY/md EXECUTIVE SUMMARY RECOM~IENDATION 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 99-2981) 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 atwo year period in accordance with the County Purchasing Policy. During the November 23, 1999 Board of County Commissioners meeting, staff was questioned on the amount of surveying work performed. The last three years, the County has issued a total of $471,679 worth of work to the five firms under contract. This averages about $157,226 per year. The County also utilizes surveying services in conjunction with-~big projects, such as roads, as part of the engineering design. Taking the last seven years of road work, $742,023 have been spent in surveying work with firms that are not necessarily part of the annual contract. This averages about $106,000 a year. For the County to support an in-house surveying team, it would cost about $243,000 in annual salaries (including benefits) and an initial cost of about $225,000 (equipment, vehicles, autocadd, office and storage space). With consideration of additional funds needed for maintenance and upkeep of equipment, the costs of having an in-house survey team would approximate our average costs of outsourcing these services. Therefore, if cost were the only consideration, it might appear appropriate to consider establishing an in-house survey team to perform this work. (Note that the County did have 2 in-house survey crews until 1988 at which point a decision was made to outsource their services). However, relying on an in-house team would create substantial inefficiencies with crew scheduling. Currently, services are secured on demand to meet the needs of each project. Relying on a single crew would necessitate "spreading out" the work and creating project delays. For this reason and the lack of a significant, foreseeable cost saving, staff recommends that these services continue to be secured from outside firms. 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. ~. T DEC ! 199, PG. Executive Summary Agreements with Firms Page 2 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 diseontinuedfor 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 Agreements 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. 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. GROWTH MANAGEMENT IMPACT: This action will continue to improve staff ability to implement the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the selection of five (5) Land Surveying Firms and authorize staff to negotiate with the recommended firms. SUBMITTED BY: ~ Date: /,'~///~ 7 ~ly~. Ad~rmes Minor, P.E., Senior Project Manager Public Works Engineering Department Date: REVIEWED BY: APPROVED §texT~ (2arr~ell[Direct~' Purchasing Department Public Works Division Date: /'~//~/~ ? 0£C 1 1999 CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: 99-2980 RFP:TITLE: Fixed Term Land Surveyinq and Photoqrametric Services - SIGNIFICANT FACTORS PERTAINING TO SHORTLISTED FIRMS: 1. State of the Art Equipment 2. Experience in the Area 3. Location 4. Proiects Completed on Time SIGNIFICANT FACTORS TO RANKING OF TOP FIVE FIRMS: 2. 3. 4. Good References Location Experience in the Area Proiects Completed on Time Manager Buyer Date Date DEC 1~4 1999 DEC 1 ~ 199( ~Z ~-8 V CL C: 0 rn rn Z z z EXECUTIVE SUMMARY APPROVAL OF AGREEMENT FOR DELIVERY AND SUPPLY OF IRRIGATION WATER OBJECTIVE: To have the Board of County Commissioners as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District consider approval of a irrigation water supply agreement between the County and The Old Collier Golf Club, Inc. The agreement is for the County to supply water for irrigation to The Old Collier Golf Club, Inc. from supplemental irrigation water sources to be developed by the County. CONSIDERATIONS: The County has developed a reclaimed water distribution system that supplies reclaimed water for irrigation purposes to certain golf course communities in North Collier County. The source of "reclaimed" water is treated wastewater effluent. During the peak irrigation months the County is not able to meet the demand for irrigation water. To try to alleviate this insufficiency of irrigation water the Board on 9/28/99 directed staff to develop additional supplemental irrigation water sources. The Old Collier Golf Club, Inc. ("l !set") is the owner of the project known as Beachway PUD which is proposed to be amended and rezoned to commercial and golf course uses reducing the lands intensity of use and density. Upon approval of the amendment, see companion item 12(B)(2), the development will be known as Collier Tract 21 PUD. The owner has asserted that unless an additional source of irrigation water, 800,000 gallons per day ("GPD"), can be provided the golf course cannot be built. The County's current supply of reclaimed irrigation water is insufficient for the County to be able to provide imgation water to meet Tract 21's needs. The User has at his own expense and risk, has provided preliminary engineering for a water use permit and has obtained, for the County, South Florida Water Management District Water Use Pemfit No. Re-lssuc 11-00052-W, dated August 12, 1999, issued to the Collier County Water-Sewer District (the "Permit"). The Permit provides for withdrawal of water by wells adjacent to property owned by Florida Rock Industries, Inc., located generally northeast of the intersection of County Road 846 and County Road 951 ("Mule Pen Qua. nj"). The County has contractual and/or permit rights to withdraw up to 3.5 MGD of raw water. The permit is capable of being modified to provide for withdrawal of such water directly from the Mule Pen Quarry. The User proposes that the County agree to provide 800,000 GPD of irrigation water in exchange for the benefits of reduced development density and in recognition of the approximately $250,000 expended by the User in pursuit of permitting a supplemental water source. Staff has reviewed the request and has been working with the User to develop an "Agreement for Delivery and Supply of Irrigation Water". The Agreement commits the County to use best efforts to provide 800,000 GPD of supplemental irrigation water from the Mule Pen Quarry or other supplemental water source(s) or potable water as a back up supply. The cost of developing the Mule Pen g:\finn\tract21\execsumtract21new.doc [}[C ] ~ 1999 t / supplemental water source(s) will be borne by the County. The cost of extending the County's irrigation water system to the Old Collier Golf Club will be incurred by the User. The rate charged for the irrigation water shall be based on actual Mule Pen Quarry or other supplemental water source construction costs and operating and maintenance co~t~. The estimated per gallon rate is between $0.44 and $0.78 per 1,000 gallons based on annual production of 770 million gallons. The agreement provides for fees and fee a4iustments based on actual costs, a 25 year life and a 5% rate of return. The fees may be changed upon 30 days written notice. The Mule Pen Quarry permit authorizes the withdrawal of 3.5 MGD. On September 9, 1999 staff provided an "Interim Report on Reclaimed Irrigation Water Resource Planning Issues and Peak Season Irrigation Demand". In that report the County's consultant identified the current peak season need for additional supplemental irrigation water as 1.64 MGD. The User's request for 800,000 GPD from the Mule Pen Quarry water source will not negatively affect the County's ability to ~neet seasonal irrigation water demand for existing North Collier County irrigation customers. FISCAL IMPACT: The preliminary engineer's estimate of cost for constructing the Mule Pen Quarry water source is $2.1 to $3.0 million. Funds in the amount of $2.0 million for developing supplemental water sources are presently budgeted in the Wastewater Capital Project Fund. A budget amendment moving funds from reserves will bc reqt~i~cd to fu',iy l'mtd this F~'oject under either alternative. Yhc required bud~cl amendment will be requested when project cost estimates become more certain. The initial supplemental water fees established by this contract will include a meter based fixed monthly fee of $770 per month and a volumetric fee of $0.44 per 1000 gallons. Under this approach annual revenue is estimated to be $100,000. These fees can and will be a4justed for actual construction and operating costs. For furnishing potable water the fees cs~ 2!~li~hed by County Ordinances ~vill apply. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: Staff recommends that the Board of County Commissioners as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District approve the "Agreement for Delivery and Supply of Irrigation Water" and authorize Chairwoman Mac'Kie to sign the agreement on behalf of the Board and authorize staff to record the agreement in the Public Records of Collier County. AGREEMENT FOR DELIVERY AND SUPPLY OF IRRIGATION WATER THIS AGREEMENT is made and entered into this__ day of ,199__, by and between The Old Collier Golf Club, Inc., whose address is 3003 North Tamiami Trail, Naples, Florida 34103 (hereinafter referred to as "User,") and the BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF CO.mR COUNTY AND EX-OFFICIO THE GOVERNING BOARD OF THE COII.IER COUNTY WATER-SEWER DISTRICT, whOSe address is 3301 East Tamiami Trail, Naples, Florida 34112, (hereinafter referred to as "County" or "District"). User is used as singular or plural, as context requires. RECITALS: \VI-ITR!-Zq,. L':;er is the or. r~::i of tine project kno',~ as Beach'~av PUD (Ord No. 00-45) which is proposed to be amended and reduced in intensity and density and be rezoned to commercial and golf course uses to be known as "Collier Tract 21 PUD," situated in Collier County, Florida. Said project's legal description is attached as Exhibit "A" hereto and incorporated herein by reference; and WHEREAS, the reduction in intensity and density proposed to Collier Tract 21 PUD will resu!t i,n less demand on the County's potable water and wastewater systems and facilities; and WHEREAS, the Collier Tract 21 PUD will consist primarily of preserve areas and golf course lands, and for which golf course lands User requires a permanent source and a commitment from the County to provide water for irrigation; and WItERE~\S, although User has obtained a permit to xvithdraw raw water from the Cocohatchee River for irrigation, User requires an additional permanent source and a commitment from the County to provide either irrigation water and/or potable water for irrigation; and 12107/99 S:36PM Page 1 of 19 i q 1999 ~,~. WHEREAS, User asserts that it cannot build a golf course without such additional source for irrigation purposes only at and for said golf course; and WHEREAS, User asserts that it would not pursue the Collier Tract 21 PUD rezoning without the subject additional permanent source for such water for irrigation purposes; and odi~his Agreement WHEREAS, User asserts tOthe County that it is a6~ing, in ~liance and substantially changing its position to its detriment by reducing the intensity and density of uses permitted based on the commitments for a permanent source of water for irrigation purposes provided by this Agreement; and WHEREAS, User needs from the County for purposes of irrigation throughout the property within the Collier Tract 21 PUD up to 800,000 gallons/day of "supplemental irngation water"; and WHEREAS, without the development of a new supplemental irrigation water supply for irrigation, the County's current supply of supplemental irrigation water other than potable water, is insufficient for the County to be able to provide sufficient irrigation water necessary to meet the above-specified amount needed by the Collier Tract 21 PUD; and WHEREAS, potable water can be supplied to User for irrigation uses only to attempt to fulfill the gallonage amounts anticipated to be needed by User as specified in this Agreement; and WHEREAS, User has, at its own expense, provided preliminary engineering for a water use permit for a new supplemental water source to supplement the County's supplemental irrigation water supply by obtaining for the County, South Florida Water Management D,~trict Wa~cr U:~ Permit :,~o. Re-Issue 11-00052-W, dated August 12, 1999, issued to Collier County Water Sewer District (the "Permit") for withdrawal of water by wells adjacent to property, known as Mule Pen Quarry, owned by Florida Rock Industries, Inc. located generally northeast of the intersection of County Road 846 and County Road 95 in Township 48 South, Range 26, Section 24, whereby the County has contract41 .~t/~t~'~'4, ~_,/07~90 s:36 m e~g~ 2 of 19 [ i a& i permit rights to withdraw up to 3.5 million gallons per day of raw water, which permit is capable of being modified to provide for the withdrawal of such water directly from the Mule Pen Quarry. A copy of that permit is attached hereto and incorporated by referenced herein as Exhibit "B"; and WHEREAS, User has, at new supplemental water plans and specifications improvements that will pursuant to the Permit by the Mule Pen Quarry (the its own expense, further assisted the County in developing such source by cOmmencing the preparation of design, engineering, by Agnoli Barber & Brundage, Inc., for construction of the be needed to withdraw such supplemental irrigation water wells or pursuant to a modification of said Permit directly from "Plans"); and WHEREAS, the County and User desire to enter into this an Agreement whereby User will make available to the County said Permit and said Plans, as they have been completed to date. and wall, upon request of the County, assist the County in modifying said Permit to provide for withdrawal directly from the Mule Pen Quarry, and the County will use best efforts to provide to User the supplemental irrigation water needed at the Collier Tract 21 PUD, either by way of a right of first refusal with respect to any supplemental irrigation water obtained by the County to serve the North County Service area. or in the absence of such supplemental water being available, potable water for only such irrigation purposes; and WHEREAS, the parties hereto desire to set forth their respective rights and obligations regarding the provision of the specified quantities of irrigation water and/or potable water to the Collier Tract 21 PUD. WHEREAS, "reclaimed water" is herein defined as treated wastewater effluent available to be used for irrigation and other approved uses; and WHEREAS, in this Agreement County make no promises whatsoever with regard to any reclaimed water; and 12/07~99 5:36PM Page 3 of 19 WHEREAS, "reuse" is herein defined as the use of reclaimed water for irrigation and other approved uses; and WHEREAS, "irrigation water" means the same thing as "supplemental irrigation water", herein defined as surface water, groundwater, or any combination thereof and which can be_provided to user through the County's reclaimed water distribution system; and WHEREAS, "potable water,' is herein defined aswater that is treat~ to a level suitable for human consumption, but for the purposes of this Agreement meets federal, state and local laws and regulations for irrigation water; WHEREAS, based upon User's expenditures to provide a supplemental irrigation water source for the County's reclaimed water system, if and when there is additional reclaimed water capacity added to the County's reclaimed water system which was not contnn[ted to others prior to this Agreement, User may at the County s sole discretion would WITNESSETH NOW, THEREFORE, in consideration of the payment of Ten Dollars ($10.00), the commitments and obligations assumed hereunder and other valuable consideration, the receipt and sutfi,:icncy of ~i~ch is he~eb3 acknowledged, thc parties hereto agree as follows: o RECITATIONS. The foregoing Recitations are true and correct and incorporated herein as though fully set forth. 12/0v99 s:a6 m e~g~ 4 of 19 USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that the District provide available reclaimed water to User. Us~r represents and warrants to District that the party or parties identified herein as User constitutes all persons and entities who are record owners of the Property described in exhibit A. [ ^c~. m~., I · DEC , h 1999 WATER USE PERMIT AND PLANS. User agrees to make available to the County said Permit and said Plans, as they have been completed to date, and, upon request of the County, to assist the County in modifying said Permit to provide for the withdrawal of irrigation water directly from Mule Pen Quarry. QUANTITY. The District will be willing and able to provide 800,000 gallons per day ('GPD") of irrigati°n water and/or potable Water fOr ~gation uses for a period of five (5) years from the date of this a~ee~ent. At tho end of the five (5) year period and each successive five (5) year period thereafter, this agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of irrigation water and thereafter renewed for successive five (5) year periods, unless terminated by either party as provided for o DELIVERY OF IRRIGATION WATER. The County hereby agrees to use best efforts to deliver irrigation and/or potable water up to a total of 800,000 gallons per day ("GPD") to the respective Point of Delivery for each such water source. The Point of Delivery for irrigation water shall be located at the Collier Tract 21 PUD site, as hereinafter defined, at such times and in the manner set forth herein. User shall be responsible, at its own cost and expense, to permit and construct an extension of the County's irrigation water transmission line from its present point of termination described as approximately 3,4 mile east of U.S. Highway 41 on County Road 846 to the Point of Delivery. Upon completion of construction, User shall convey the transmission line to the County for ownership, operation and maintenance. County shall use its best efforts to deliver a minimum 800,000 gallons of irrigation water and/or potable water to the Tract 21 PUD. When User builds a transmission line from the County's existing facilities located in the County Road 846 right-of-way in Section 22, Township 48 East, Range 25 South to the Point of Delivery for the irrigation water. Upon completion of the improvements by the County necessary to scpply supplemental irrigation water from any source of supplemental irrigation water J obtained by the County to serve the North County Service area, User sl~all 12/07/9l) 536PM Page 5 of 19 provided on a first right of refusal basis such supplemental water up to the amounts specified in this Agreement. At any time which the County is unable to supply User supplemental irrigation water in the amounts as described in this Agreement, if requested by User, the County shall use best efforts to sell potable water to User in such amounts to supplement the unavailable supplemental irrigation water. As supplemental irrigation water is expected to cost less per quantity, supplemental iffigati°n Water i~ .more~eneficia[ to User from an economic viewpointl QUALITY. The irrigation water delivered through the County's reclaimed water distribution system shall meet only the standards applicable to reclaimed water as required by the Florida Department of Environmental Protection Rules as amended from time to time, and shall meet the criteria for approved uses of irrigation water for irrigation purposes. The irrigation water and the potable water shall be in accord with all requncments of permits issued by local, ~tate and federal regulatory agencies with jurisdiction over such activities. ACCEPTANCE OF IRRIGATION WATER. User agrees to accept irrigation water and/or potable water produced by the new supplemental supply and the County's available potable water source~ in such amounts as User may determine up to a maximum of 800,000 GPD. Following the County's completion of construction of the supplemental irrigation water improvctnents, County shall use best efforts to make available for delivery to User for four (4) months, , such additional supplemental irrigation water as may be available after meeting existing customer's water allotments up to 1.6 million gallons per day for User's use for irrigation in the "grow-in" period of the golf course in said amounts and at such times as User may determine. Notwithstanding any provision to the contrary in this Agreement, User's acceptance of all such water shall be conditioned upon rccc~t-t bv ~!~cr of approv~ls from all regulatory agcncie~ wi~h ja~'isdiction over the matter, provided that User shall use its best efforts to obtain and maintain such approvals. 12/07/99 5:36PM Page 6 of 19 A A T o POINT OF DELIVERY DEFINED. The Point of Delivery of irrigation water shall be where the irrigation water passes from the County's transmission line to the User's on-site lake storage facility, as described on Exhibit "i)" attached hereto. Upon completion and acceptance of the improvements, County shall own, operate and maintain the improvements upstream of the "Point of Delivery", as hereinafter defined. The County shall own, operate and maintain the irrigation water transmission SYste~ and ~elafed stora'~e facilfl~ies, and shall be deemed to be in possession and control of the irrigation Water therein, upst~am of the Point of Delivery. User shall own, operate and maintain the irrigation water distribution system and related lake storage facility, if any, and shall be deemed to be in possession and control of the irrigation water therein, downstream of the Point of Delivery of said irrigation water. Point of Delivery is used as singular or plural, as the context requires. DISTRICT RESPONSIBILIilES UPSTREAM OF TIdE POIuNT OF DELIVERY. The District, where required, shall bear all costs of operation and maintenance of the irrigation water delivery system up to the Point of Delivery 10. USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY. Thc User shall take full responsibility for the design, construction, permitting, and financing of all costs and placing in operation the irrigation water delivery system do~vnstream of the Point of Delivery. The User shall bear all cost:, of operation and maintenance of the reclaimed water delivery system downstream of the Point of Delivery. 11. STANDARD OF MAINTENANCE. User shall maintain all water distribution facilities downstream of the Point of Delivery at standards equal to the maintenance standards for comparable irrigation water utility facilities maintained b3 the Dismct. After reasonable notice to User, the District shall have the right, but not the duty, to enter upon the Property to correct any maintenance deficiencies and charge the User therefor. 12. CHARGE FOR IRRIGATION WATER AND POTABLE WATER 12/07t99 5:36PM Page 7 of 19 For furnishing of irrigation water (not potable water), the County shall charge and User shall pay a fixed monthly fee as well as a usage charge based on the actual number of gallons of irrigation water accepted by User. The fixed monthly fee shall be $770 with said charge generally based on the prevailing availability charge for a 12" effluent irrigation meter. The County shall charge and User shall pay a volu~e charge per 1,000 gallons of irrigation Water aCcePted based~Ofi supplemental water Source operating revenue reqmrements, Whmh ~ncluaes operation and maintenance expense, depreciation expense and return on rate base. Depreciation shall be based on a 25-year useful life with 5% as the established annual return on rate base. Based on preliminary project cost and operating expense estimates the initial per 1,000 gallon charge for supplemental irrigation water shall be $0.44. For furnishing potable water, the County shall charge and User shall pay the rates then established by County Ordinance as may be amended fi'om time-to-time. In the event that User will not accept the full amount of 800,000 GPD for any day(s), User shall notify County by telephone at least 48 hours in advance of such event. It is anticipated by both parties but not warranted by either party, that said del~ vcry of irrigation water c,m begin in User shall be required to pay a potable water impact fee based on the size of the water meter required to serve as an irrigation source alternative to supplemental irrigation water; however, should User subsequently remove the potable water meter from service, User shall be entitled to a credit for the amount of impact fee originally paid. This water impact fee credit may be a~ned to o~hc~ lands witt:in the then CmTcnt District bot~daries, to which assignment the District hereby consents. The credit availability shall terminate on the tenth anniversary of placing the potable water meter into service. 12/07,99 5:36PM Page 8 of 19 A A Z £ 13. 14. RATE CHANGES. The District shall have the fight to decrease or increase the potable water rate and/or supplemental irrigation water rate upon providing thirty (30) days prior written notice of any such rate changes. Any increase in such rates may arise from the District's increase in supplemental water source operating revenue requirements or as the result of a rate study which determines that an increase in the respective water rate is warranted. BILLING. The DiStrict shhll Bill ~he usER for th~upplemental water fixed fee, i plus the volume charge as discussed herein or as may be amended from time-to- time and the potable water rates then established by County Ordinance or as may be amended from time-to-time. Should the USER desire additional water for irrigation purposes and the District is willing and able to supply any such water exceeding the amount specified herein, the USER shall be billed for this additional amount within the herein established billing procedures. The USER si~ail makc payment to the District within thirty (30) days of the date of the monthly statement. 15. UNPAID FEES ARE A STATUTORY LIEN. The User acknowledges that in the event the fees, rates or charges of the facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, PaFL 1I, [qorida StatuLe~, as amended. 16. RECLAIMED WATER AVAILABILITY. County makes no promises whatsoever in this Agreement regarding any reclaimed water. Upon completion of the improvements by the County necessary to supply supplemental water from any source of supplemental irrigation water obtained to serve the North County Service area User shall have a fight of first refusal to obtain such supplemental water up tt~ the amounts specified in this Agrcement. At any time Milch thc County is unable to supply User sufficient supplemental water to satisfy User in the amounts as described in this Agreement, if requested by User, the County shall use best efforts to sell potable water to User in such amounts to supplement ,the unavailable supplemental irrigation water. 12/07P99 5:36 PM Page 9 of 19 As supplemental iI!igati01· v~e.r is f (~ {'4) "DEC'I q 1999 m expected to cost less per quantity, irrigation water is more beneficial to User from an economic viewpoint. 17. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that pumping of any such water temporarily cease. Such notice shall be in writine where circu~standes ~t and, in ~e event of an i~ediate emergency, such notice may be by telephone with sUbSequent written'~onformation. It is understood by both parties that District anticipates that it can assist User with the storage and non-delivery of any such water for a period not to exceed three (3) days in such an emergency situation. Such storage of any such water, however, shall be subject to the rules, regulations and directives of the Department of Environmental Protection. Emergencies shall include but not limited to: (a) (b) (c) Climactic conditions such as hurricanes, floods or unseasonably excessive rainfall which makes it impossible for User to accept such water. Short term equipment or material failure, making it impossible for User to store or distribute any such water. An act of God which makes it impossible for User to accept, store or distribute the subject water. 18. NO]'IFICATION OF DISTRICT. Those representatives of County who shall be notified in the event of an emergency are: Collier County Public Works Administrator Phone: (941)732-2575 3301 E. Tamiami Trail Naples, Florida 34112 Coiiicr County Wastewater Director 3301 E. Tamiami Trail Naples, Florida 34112 C. Reuse Coordinator 12/07,90 5:36PM Page 10 of 19 Phone: 1,941)732-2554 Ill 593_033t ~0. Phone: (941) [ g Z '. 6 1999 3301 E. Tamiami Trail Naples, Florida 34112 19. COUNTY NOT LIABLE FOR FA[LURE TO DELIVER WATER. The County shall not be liable by User for failure to delivery any water if a reasonable situation preventing suc~ deli[ery exists. County shall exercise due diligence to resolve any such sithation and i'esu~e delivery at t~ earliest ~ssible time. Such situations shall include, but notbe limited to: (a) (c) (d) A lack of such water due to a loss or lack of flow from any source thereof or due to process failure. Contamination in the water making it unusable for irrigation uses. Equipment or material failure in the respective water delivery system. An act of God which makes delivery of any such water by the District not reasonabi5 feasible or impossible for irngation uses. 20. NOTIFICATION OF USER. The representative of User who shall be notified in the event of an emergency or County's inability to deliver any such irrigation water is: Michael J. Bruet, Development Manager Ti~e Old Florid,'t Goli Club, Inc. 3003 North Tamiami Trail, Suite 400 Naples, FL 34103 Phone: (941)261-4455 If and when emergency situations occur, the County will notify User by telephone and follow up with a letter stating the nature of the emergency and the anticipated duration. 21. NOTICES. Until further written notice by either party, and except for emergencies, all notices provided for herein shall be in writing and transmi.g~.h.~/.~4~, i_tx -- certified mail, return receipt requested, and shall be addressed as follows: IM0''' 1~ ~ ~2/O?~99S:36~MP~g~llof19 ~ D~C 1 ~ ]999 To User: The Old Collier Golf Club, Inc. Michael J. Bruet, Development Manager 3003 North Tamiami Trail, Suite 400 Naples, Florida 34103 To the District: COllier Count~ Wastewater DireCtor 3301 East Tarsi Trail Naples, Florida 34112 All notices provided for herein shall be deemed to have been duly given upon the delivery thereof by hand to the appropriate address as evidenced by a signed receipt for same, or by the receipt of certified, return receipt, mail, or by courier service receipt therefor, evidencing delivery of such notice. WRITTEN NOTICE OF ADDRESSES AND TEI.EPHONE CHANGES REQUIRED. The County and User may change the above representatives, mailing addresses and/or phone numbers at any time upon giving the other party written notification by certified mail, return receipt requested. 23. 12/07~99 5:36PM Page 12 of 19 USE OF THE SUBJECT WATER. Except as set forth above, User shall accept tko water dehvered by thc District and use it for only irrigation uses on the Users property in any manner determined by User, except that the use of all such water shall be consistent with local, state and federal regulations that apply to such water for such use. Except as the normal use of the irrigation system may incidentally spray such water into the lakes, ponds, ditches and sloughs on the Property, User shall not discharge any water directly into the surface waters of the State of Florida and with written authorization from the South Florida Water ,Xla~;agemcm District and thc Department of Environmental Protection if such permission is then required by law or rule. User shall take reasonable precautions, including signs and labeling, to prevent confusion between irrigation water and other water sources downstream of the each respective point(s) of delivery. The District shall be deemed to be in possession and control of all such wate ur~l. i~P~(i~.~t?qt. shall have been delivered to User at the respective point(s) of delivery, after which delivery User shall be deemed to be in possession and control of all such water. 24. EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this agreement, local, state or federal governments or agencies other than the Co~ty:,shall fail to issue necessary permits, grants necessary approvalSl or shall r~uire any qhange in!~e 9Pera~n of the treatment, transmission and distributiOn S~st~ms or ihe:hPplication and USe of all such water. Then to the extent that such requirements shall effect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. However, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 25. USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terminate this agreement if the District fails to deliver such water or otherwise fails to perform, under the terms and conditions as set forth in this Agreement. In the event the Board of County Commissioners approves a zoning change for User's property from the primary use as a golf course, User shall have the right to terminate this Agreement subsequent to such rezone. The User shall have the right to sell, transfer or encumber the land areas irrigated with the subject water as described in Exhibit A, except that written notice of any proposed sale or transfer to a company not affiliated with User must be given to the District, as provided for herein, at least thirty (30) days prior to sale or transfer. So long as use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party in interest shall be obligated to receive and use the specified minimum quantity under the same terms ~:n(t :o~'.ditions of this Agreement unless modified by mutual consent of the District (County) and the buyer, of transferee, or successor in interest to the User. 26. right to terminate this Agreement if the ~2~0~99 s:36m P~, 13 of 19 DISTRICT'S RIGHT TO TERMINATION. The District (County) shall have the User fails, to perform un~er DEC 1 q 1999 ~;. /L~~ _ 27. Agreement, or if performance is prevented by third party litigation, of if the User is illegally disposing of or using the said water, or if any other event beyond the control of the District permanently prevents performance, or if the User fails to pay delinquent fees, rates or charges for the services and facilities provided for under this Agreement. TIME OF TERMINATION. Whe~ pracfiC~, te~nati°n o~ the part of either party shall not occur bef0~e one hundr~ eighty (~80) days after the terminating party has notified the other party in writing, except in the instance where User is illegally disposing of or using any such water 28. ACCESS. The District shall have the right, but not the duty, to enter upon the Property of the User to review and inspect at reasonable times the practices of User with respect to conditions agreed herein, Such entry shall normally be for the purpose of review of the operation of the respective water-system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring well located on the property of the User. User may have a representative accompany the District personnel. All such on-site monitoring shall be at the County's expense and all such inspections and monitoring shall be conducted in amanner as not to unreasonable interfere with thc activities and fights of the User or others with access to Collier Tract 21 PUD. Upon conclusion of such inspections and monitoring activities, the County agrees to restore the User;s property to its prior condition. 29. 12/07/~9 5:36PM Page 14 of 19 INDEMNIFICATION. User acknowledges that the supplemental irrigation water, due to its chemical composition, may not be compatible for irrigation on certain susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages which may occur d~.,~ to the u3e vr acceptanc~ or :my such water. Tile U~cr, in consideration ol ten dollars, receipt and sufficiency of which is accepted through the signing of this Agreement, shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorney .fees and all costs of .... ~,e~ r~c~, ' [}EC 1 lg99 litigation and judgments of any name and description arising out of or incidental to this Agreement. caused solely by User. 30. INDEMNIFICATION. User hereby agrees to save and hold the County harmless from and against any claims or demands made by appropriate county, state or federal officials relative to compliance with regulatory :requirements concerning application and disposal of ithe subject ~gatign water downstream of the respective Point of Deliver, ~ ~ell as fi~inst clams madc~:~:by third parties for money damages resulting from downstream contact with any such water, provided, the delivery of water to Point of Delivery is properly treated as herein defined. 31. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a signatory hereto. 32. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not effect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Ag;,~ement is declared sevcrabic. 33. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use zoning approvals, permissions, variances, special exceptions or any other rights with respect to the real property in the approved uses area. 34. 12/07/99 5:36PM Page 15 of 19 APPLICABLE LAW. This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida and the Collier County Water Ordinance or Ordinances or its/their successo[(s), i,n, I A~ function. i~. 35. RECORDATION. This Agreement shall be recorded in the Public Records of Collier County, Florida. 36. FURTHER ASSURANCES. The parties agree that at any time after the execution hereof, they will, upon the request of the other party, execute and deliver such other documents a~d further ~surances ~ay reasOnaUY required by such other party in order to ca~ °u~! th~ inten(~)'~ ~~ Ag 37. REGULATORY AUTHORITY. The provisions of this Agreement shall at all times be subject to the exercise of lawful regulatory authority. This Agreement shall be governed by Florida law, the Collier County Utilities Standards and Procedures Ordinance or its successor in function, and other applicable County Ordinances, 38. BINDING EFFECT AND ASSIGNMENT. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns. Except as specifically provided herein, neither party shall have the right to assign or otherwise transfer this Agreement without the prior written consent of tht~ othei pm'ty, which conscnt shall not be unreasonably withheld. Unauthorized assignment or other transfer shall be void ab initio. In the event of any such assignment or transfer, such assignee shall be required to assume, in writing, all rights, duties and obligations under this Agreement. This Agreement may be assigned by User to an affiliated company, to which assignment the County hereby consents. User shall promptly provide written notice of this assignment to the County. In the event User does not proceed with the development of a golf course on the real property described in Exhibit "A" hereto, User shall have the right to assign its rights and obligations hereunder to a tim-d part.,, subject ~,: approval o1' ~he Co~mty as to the property to be receiving ti~e irrigation water hereunder, said approval not to be unreasonably withheld. 12/07~99 5:36 PM Page 16 of 19 1999 39. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. 40. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall ~ in ~riting duly ex~uted by ~e parties hereto, or their successors in i~terest ~0 t~e Propert~i Course ~f conduct between the parties shall not be a waiver of any term of this Agreement. EN WITNESS WHEREOF, the foregoing parties have subscribed their hands and seals for the day and year first above mentioned. IN WITNESS WHEREOF, User and the County have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed on the date noted immediatelv below. DATED: (2) Signature Jeffrey M. Birr. President Printed/Typed Name Signature THE OLD COLLIER GOLF CLUB, INC. By:. PrintedFFyped Name Printect/Typed Name Printed/Typed Title 12/07?99 5:36PM Page 17 of 19 ( Corporate Seal ) STATE OF FLORDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments~ personall~ appeared ~. Well known to me:to be t:he ~ of (INSERT NAME OF COMPANY) being authorized so to do, executed the foregoing Reclaimed Water Agreement for the purpose therein contained under authority duly invested by the , and the seal affixed thereto is the tree seal of said WITNESS my hand and official seal in the County and State aforesaid this day of ,1999. (Notarial Seal) Notary Public My Commission Expires: DATED: ATTESq: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COIJ.IER COUNTY, FLORIDA AND EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT COUNTY Approved as to form and legal sufficiency: By: PAMELA S. MAC'KIE, CHAIRWOMAN Thomas C. Palmer A~s~:.ta;-: Comuv Attorney 12/07/99 5:36PM Page 18 of 19 1999 AGREEMENT FOR DELIVERY AND SUPPLY OF IRRIGATION WATER THIS AGREEMENT is made and entered into this day of __, 199__, by and between The Old Collier Golf Club, Inc., whose address is 3003 North Tamiami Trail, Naples, Florida 34103 (hereinafter referred to as "User,") and the BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COIJ.1ER COUNTY AND EX-OFFICIO THE GOVERNING BOARD OF THE COT J.[ER COUNTY WATER-SEWER DISTRICT, whos~.~ ~ddress is 3301~ Ea~t. Tamiami Trail, Naples, Florida 34112, (hereinafter referred t~iias~'.:!¢ountlt~'~Br "Diji~t~[?). U~ is used as singular or plural, as context requireS. ~)~ g!i ;~i:~, f" ?::~ ii!~:i 1;'~i RECITALS: WHEREAS, User is the owner of the project know as Beachway PUD (Ord No. 90-45) which is proposed to be amended and reduced in intensity and density and be rezoned to commercial and golf course uses to be known as "Collier Tract 21 PUD," situated in Collier County, Florida. Said project's legal description is attached as Exhibit "A" hereto and incorporated herein by reference; and WHEREAS, the reduction in intensity and density proposed to Collier Tract 21 PUD will result in less demand on the County's potable water and wastewater systems and facilities; and WHEREAS, the Collier Tract 21 PUD will consist primarily of preserve areas and golf course lands, and for which golf course lands User requires a permanent source and a commitment from the County to provide water for irrigation; and WHEREAS, although User has obtained a permit to withdraw raw water from the Cocohatchee River for irrigation, User requires an additional permanent source and a ~¢ 1 of 22 DEC 1 1999 commitment from the County to provide either irrigation water and/or potable water for irrigation; and WHEREAS, User asserts that it cannot build a golf course without such additional source for irrigation purposes only at and for said golf course; and WHEREAS, User asserts that it would not pursue the Collier Tract 21 PUD rezoning without the subject additional permanent source for such water for irrigation purposes; WHEREAS, User asserts46aJae~Cou~i'~th~4t~,~ actiff~bi~liance o~!~;this Agreement and substantially changing its position to its detriment by reducing the intensity and density of uses permitted based on the commitments for a permanent source of water for irrigation purposes provided by this Agreement; and WHEREAS, User needs from the County for purposes of irrigation throughout the property within the Collier Tract 21 PUD up to 800,000 gallons/day of "supplemental irrigation water"; and WHEREAS, without the development of a new supplemental irrigation water supply for irrigation, the County's current supply of supplemental irrigation water other than potable water, is insufficient for the County to be able to provide sufficient irrigation water necessary to meet the above-specified amount needed by the Collier Tract 21 PUD; and WHEREAS, potable water can be supplied to User for irrigation uses only to attempt to fulfill the gallonage amounts anticipated to be needed by User as specified in this Agreement; and WHEREAS, User has, at its own expense, provided preliminary engineering for a water use permit for a new supplemental water source to supplement the County's supplemental Parc 2 of 22 DEC 1999 irrigation water supply by obtaining for the County, South Florida Water Management District Water Use Permit No. Re-Issue 11-00052-W, dated August 12, 1999, issued to Collier County water Sewer District (the "Permit") for withdrawal of water by wells adjacent to property, known as Mule Pen Quarry, owned by Florida Rock Industries, Inc. located generally northeast of the intersection of County Road 846 and County Road 95 in Township 48 South, Range 26, Section 24, whereby the County has contractual and/or permit rights to withdraw up to 3.5 million gallons per day of raw water, which permit is capable of being modified to provide for the withdrawal of such water directly from the Mule Pen Quarry. A ~Opy~;[ t~~t islottach~~~~ncorporated by referenced herein as ExhllJ]t rB ~ :an~. ~ '~i~.~ ~ .1 ~ WHEREAS, User has, at its own expense, further assisted the County in developing such new supplemental water source by commencing the preparation of design, engineering, plans and specifications by Agnoli Barber & Brundage, Inc., for construction of the improvements that will be needed to withdraw such supplemental irrigation water pursuant to the Permit by wells or pursuant to a modification of said Permit directly from the Mule Pen Quarry (the "Plans"); and WHEREAS, the County and User desire to enter into this an Agreement whereby User will make available to the County said Permit and said Plans, as they have been completed to date, and will, upon request of the County, assist the County in modifying said Permit to provide for withdrawal directly from the Mule Pen Quarry, and the County will use best efforts to provide to User the supplemental irrigation water needed at the Collier Tract 21 PUD, either by way of a right of first refusal with respect to any supplemental irrigation water obtained by the County to serve the District's now existing North County Service area, or in the absence of such supplemental water being available, potable water for only such irrigation purposes; and ~ 3 of 22 DEC '!999 WHEREAS, the parties hereto desire to set forth their respective rights and obligations regarding the provision of the specified quantities of irrigation water and/or potable water to the Collier Tract 21 PUD. WHEREAS, "reclaimed water" is herein defined as treated wastewater effluent available to be used for irrigation and other approved uses; and WI--IEREAS, in this Agreement County make no promises whatsoever with regard to any reclaimed water; and ~~AS, "reuse" is ............... ~ :~ed waf~ for imgation and other approved uses; and WHEREAS, "irrigation water" means the same thing as "supplemental irrigation water", herein defined as surface water, groundwater, or any combination thereof and which can be provided to user through the County's reclaimed water distribution system; and WHEREAS, "potable water" is herein defined as water that is treated to a level suitable for human consumption, but for the purposes of this Agreement meets federal, state and local laws and regulations for irrigation water; WHEREAS, based upon User's expenditures to assist in obtaining a supplemental irrigation water source for the County's reclaimed water system, if and when there is additional reclaimed water capacity added to the County's North Service Area reclaimed water system which was not committed to others prior to this Agreement, User may at the County's sole discretion be supplied with reclaimed water in lieu of supplemental irrigation water or potable water. Those commitments include the County's now existing contractual promises to pro-rate such additional reclaimed water to any and all of the County's now existing reclaimed water customers. If and when all such commitments to pro-rate such additional water have been met fully by the District, will the County be at P,,, 4 of 22 liberty to provide any reclaimed water to User. Any reclaimed water agreements applicable to the County's now existing North County Service Area that the County may enter into subsequent to this Agreement shall be subject to this Agreement. WITNESSETH NOW, THEREFORE, in consideration of the payment of Ten Dollars ($10.00), the commitments and obligations assumed hereunder and other valuable consideration, the receipt and sufficiency o6:i:whi~h imhe~by ackr~Owled~~~hereto agree as follows: RECITATIONS. The foregoing Recitations are true and correct and incorporated herein as though fully set forth. USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that the District provide available reclaimed water to User. User represents and warrants to District that the party or parties identified herein as User constitutes all persons and entities who are record owners of the Property described in exhibit A. ,~, 5 of 22 WATER USE PERMIT AND PLANS. User agrees to make available to the County said Permit and said Plans, as they have been completed to date, and, upon request of the County, to assist the County in modifying said Permit to provide for the withdrawal of irrigation water directly from Mule Pen Quarry. County shall reimburse User for 100% of actual costs incurred by User, as certified by Users engineer and upon commencement of supplemental water source improvements at Mule Pen Quarry, for the design, development and permitting of the Mule Pen Quarry water withdrawal site, as well as such future certified costs associated with the Permit modification the County may direct User to undertake. QUANTITY. The District will be willing and able to provide 800,000 gallons per day ('GPD") of irrigation water and/or potable water for irrigation uses for the term of this agreement unless terminated by either party as provided for herein. TERM. This Agreement shall remain in effect for an initial period of thirty (30) years unless terminated as provided for in this Agreement. Following the initial thirty (30) year period, this Agreement shall be automatically extended for two (2) separate and con~al~ te~4(~l~0~i~year p~ods,'~d~l~l~ unforeseen and extenuating c~rcumgtanceg~oq~hmh~aro:[[:bey~e co,Vol of e~ther party. After these fifty mmb JMtended mutual agreement and such extension(s) will not be unnecessarily withheld by either party. Ten (10) year extensions are anticipated. DELIVERY OF IRRIGATION WATER. The County hereby agrees to use best efforts to deliver irrigation and/or potable water up to a total of 800,000 gallons per day ("GPD") to the respective Point of Delivery for each such water source. The Point of Delivery for irrigation water.shall be located at the Collier Tract 21 PUD site, as hereinafter defined, at such times and in the manner set forth herein. User shall be responsible, at its own cost and expense, to permit and construct an extension of the County's irrigation water transmission line from its present point of termination described as approximately aA mile east of U.S. Highway 41 on County Road 846 to the Point of Delivery. Upon completion of construction, User shall convey the transmission line to the County for ownership, operation and maintenance. County shall use its best efforts to deliver a minimum 800,000 gallons of irrigation water and/or potable water to the Tract 21 PUD. When User builds a transmission line from the County's existing facilities located in the County Road 846 right-of-way in Section 22, Township 48 East, Range 25 South to the Point of Delivery for the irrigation water. e~ 6 of 22 DEC 1 1999 PG. ~, ~.---: Upon completion of the improvements by the County necessary to supply supplemental irrigation water from any source of supplemental irrigation water that may be' obtained by the County to serve the District's now existing North County Service area, User shall be provided on a first right of refusal basis such supplemental water up to the amounts specified in this Agreement. At any time which the County is unable to supply User supplemental irrigation water in the amounts as described in this Agreement, if requested by User, the County shall use best efforts to sell potable water to User in such amounts to supplement the unavailable supplemcm, al imgal~ water~k As ~~~gation water is expected to cost le~ per t~an~ihppl al i4~n wa r is more beneficial to User from an eoonor~ w,~,poi~ QUALITY. The irrigation water delivered through the County's reclaimed water distribution system shall meet only the standards applicable to reclaimed water as required by the Florida Department of Environmental Protection Rules as amended from time to time, and shall meet the criteria for approved uses of irrigation water for irrigation purposes. The irrigation water and the potable water shall be in accord with all requirements of permits issued by local, state and federal regulatory agencies with jurisdiction over such activities. o Pag~ 7 of 22 ACCEPTANCE OF IRRIGATION WATER. User agrees to accept irrigation water and/or potable water produced by the new supplemental supply and the County's available potable water sources in such amounts as User may determine up to a maximum of 800,000 GPD. Following the County's completion of construction of the supplemental irrigation water improvements, County shall use best efforts to make available for delivery to User for four (4) months, such additional supplemental irrigation water as may be available up to 1.6 million gallons per day for User's use for irrigation in the "grow-in" period of the golf course in said amounts and at such times as Notwithstanding any provision to the contrary in User may determine. this Agreement, User's DEC 1 zl 1999 acceptance of all such water shall be conditioned upon receipt by User of approvals from all regulatory agencies with jurisdiction over the matter, provided that User shall use its best efforts to obtain and maintain such approvals. POINT OF DELIVERY DEFINED. The Point of Delivery of irrigation water shall be where the irrigation water passes from the County's transmission line to the User's on-site lake storage facility, as described on Exhibit "D" attached hereto. Upon completion and acceptance of the improvements, County shall own, operate and maintai~in~.~ents u~stre~ai~of Delivery", as here, nafter define~,~ The~o~;all ~,v~o~~., .~ntam the irrigation w ' ' ~'~' ' ' ' ' l be deemed to be ater transrmssloms in possession and control of the irrigation water therein, upstream of the Point of Delivery. User shall own, operate and maintain the. irrigation water distribution system and related lake storage facility, if any, and shall be deemed to be in possession and control of the irrigation water therein, downstream of the Point of Delivery of said irrigation water. Point of Delivery is used as singular or plural, as the context requires. 10. DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. The District, where required, shall bear all costs of operation and maintenance of the irrigation water delivery system up to the Point of Delivery 11. USER RESPONSIBfl.ITIES DOWNSTREAM OF THE POINT. OF DRI JVERY. The User shall take full responsibility for the design, construction, permitting, and financing of all costs and placing in operation the irrigation water delivery system downstream of the Point of Delivery. The User shall bear all costs of operation and maintenance of the reclaimed water delivery system downstream of the Point of Delivery. v~ 8 of 22 DEC 1999 12. STANDARD OF MAINTENANCE. User shall maintain all water distribution facilities downstream of the Point of 'Delivery at standards equal to the maintenance standards for comparable irrigation water utility facilities maintained by the District. After reasonable notice to User, the District shall have the right, but not the duty, to enter upon the Property to correct any maintenance deficiencies and charge the User therefor. 13. CHARGE FOR IRRIGATION WATER AND POTABI.F WATER A. For furni~,i~~ wateritnot l~(~e County shall based on th~ n~ber'~g~lons~tLi~vtion ~ accepted by User. The fixed monthly fee shall be $770 with said charge based on the now prevailing availability charge for a 12" effluent irrigation meter. The County shall charge and User shall pay a volume charge per 1,000 gallons of irrigation water accepted based on supplemental water source operating revenue requirements, which includes operation and maintenance expense, depreciation expense and return on rate base. Depreciation shall be straight-line based on a 25-year useful life with 5% as the established annual return on rate base. Based on preliminary project cost and operating expense estimates the initial per 1,000 gallon charge for supplemental irrigation water shall be $0.44. For furnishing potable water, the County shall charge and User shall pay the rates then .established by County Ordinance as may be amended from time-to-time, ff supplemental irrigation water is not available for a period in excess of 120 days, the fixed monthly fee shall be suspended until service is restored. In the event that User will not accept the full amount of 800,000 GPD for any day(s), User shall notify County by telephone at least 48 hours in advance of such event. v.g~ 9 of 22 User shall be required to pay a potable water impact fee based on the size of the original water meter required to serve as an irrigation source alternative to supplemental irrigation water; however, should User subsequently remove the potable water meter from service, User shall be entitled to a credit for the amount of impact fee originally paid based upon the size of the original meter. This water impact fee credit may be assigned to other lands within the then current District boundaries, to which assignment the District hereby consents. This credit availab!lity shall aut~~y t~te once t~~ of placing the potable water met~ ~t~rvic~ in ~..~e~ts ~ of December 31, 2011, wh~~Irst~¢cU~..~ll cal~ala~ns shal~e, based on the now existing impact fee rates. 15. RATE CHANGES. The District shall have the right to decrease or increase the potable water rate and/or supplemental irrigation water rate upon providing thirty (30) days prior written notice of any such rate changes. Any increase in such rates may arise from the District's increase in supplemental water source operating revenue requirements or as the result of a rate study which determines that an increase in the respective water rate is warranted. 16. BII J.ING. The District shall bill the USER for the supplemental water fixed fee, plus the volume charge as discussed herein or as may be amended from time-to- time and the potable water rates then established by County Ordinance or as may be amended from time-to-time. Should the USER desire additional water for irrigation purposes and the District is willing and able to supply any such water exceeding the amount specified herein, the USER shall be billed for this additional amount within the herein established billing procedures. The USER shall make payment to the District within thirty (30) days of the date of the monthly statement. e,~ 10 of 22 17. UNPAID FEES ARE A STATUTORY LII~N. The User acknowledges that in the event the fees, rates or charges of the facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Part II, Florida Statutes, as amended. 18. WATER AVAILABILITY. County makes no promises whatsoever in this Agreement regarding any reclaimed water. Upon completion of the improvements b~e'~0pn~~sary t~supp~~tl~l!t~water from any source of supplemental ~g~ wate~mne~serv~the D~stnct s now ex~st~ng North Cou~rc~e~~~l~l~e a n,~of first refusal to obtain such supplemental water up to the amounts specified in this Agreement. At any time which the County is unable to supply User sufficient supplemental water to satisfy User in the amounts as described in this Agreement, if requested by User, the County shall use best efforts to sell potable water to User in such amounts to supplement the unavailable supplemental irrigation water. As supplemental irrigation water is expected to cost less per quantity, irrigation water is more beneficial to User from an economic viewpoint. 19. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that pumping of any such water temporarily cease. Such notice shall be in writing where circumstances permit and, in the event of an immediate emergency, such notice may be by telephone with subsequent written conformation. It is understood by both parties that District anticipates that it can assist User with the storage and non-delivery of any such water for a period not to exceed three (3) days in such an emergency situation. Such storage of any such water, however, shall be subject to the rules, regulations and directives of the Department of Environmental Protection. Emergencies shall include but not limited to: e~, 11 of 22 (a) (b) (c) Climactic conditions such as hurricanes, floods or unseasonably excessive rainfall which makes it impossible for User to accept such water. Short term equipment or material failure, making it impossible for User to store or distribute any such water. An act of God which makes it impossible for User to accept, store or distribute the subject water. 20. NOTIFICATION OF DISTRICT. Those representatives of County who shall be notified in the event~of'a~.~ emelTgtmcy are: ~, ~ ~~ A. Collier CoU~t~P~li¢~r~Admni~ato~hone: ~041)732-2575 3301 E. T~ Tr~l Naples, Flohda 34112 B. Collier County Wastewater Director Phone: (941)732-2554 3301 E. Tamiami Trail Naples, Florida 34112 C. Reuse Coordinator Phone: (941) 593-0336 3301 E. Tamiami Trail Naples, Florida 34112 21. COUNTY NOT LIABI.E FOR FAILURE TO DELIVER WATER. The County shall not be liable by User for failure to delivery any water if a masona~ situation preventing such delivery exists. County shall exercise due diligence to resolve any such situation and resume delivery at the earliest possible time. Such situations shall include, but not be limited to: (a) Page 12 of 22 A lack of such water due to a loss or lack of flow from any source thereof or due to process failure. Co) (c) (d) Contamination in the water making it unusable for irrigation uses. Equipment or material failure in the respective water delivery system. An act of God which makes delivery of any such water by the District not reasonably feasible or impossible for irrigation uses. 22. NOTII~iCATION OF USER. The representative of User who shall be notified in the event of an emergency or County's inability to deliver any such irrigation water is: Michael J. gruet, mev$~oament Iv~ger The Old ~6~fida~OlLGlub?~ 3003 No~h Ta~ Trail, Suite 400 Naples, ~ 34103 Phone: (941)261-4455 If and when emergency situations occur, the County will notify User by telephone and follow up with a letter stating the nature of the emergency and the anticipated duration. 23. NOTICES. Until further written notice by either party, and except for emergencies, all notices provided for herein shall be in writing and transmitted by certified mail, return receipt requested, and shall be addressed as follows: To User: The Old Collier Golf Club, Inc. Michael J. Bmet, Development Manager 3003 North Tamiami Trail, Suite 400 Naples, Florida 34103 . Pag, 13 of 22 To the District: Collier County Wastewater Director 3301 East Tamiami Trail 1999 Naples, Florida 34112 All notices provided for herein shall be deemed to have been duly given upon the delivery thereof by hand to the appropriate address as evidenced by a signed receipt for same, or by the receipt of certified, return receipt, mail, or by courier service receipt therefor, evidencing delivery of such notice. WRITTEN NOTICE OF ADDRESSES AND TEIF~PHONE CHANGES REQUIRED The:~unty~;~ ~..,..User y char~ ~ ' representatives, mailing addresses ahd/or ~ho~inberffat~{any t~on g~ing the other party written notifi c atioff, by~i fi~a:~rn~lrn 25. USE OF THE SUBJECT WATER. Except as set forth above, User shall accept the water delivered by the District and use it for only irrigation uses on the Users property in any manner determined by User, except that the use of all such water shall be consistent with local, state and federal regulations that apply to such water for such use. Except as the normal use of the irrigation system may incidentally spray such water into the lakes, ponds, ditches and sloughs on the Property, User shall not discharge any water directly into the surface waters of the State of Florida without written authorization from the South Florida Water Management District and the Department of Environmental Protection if such permission is then required by law or rule. User shall take reasonable precautions, including signs and labeling, to prevent confusion between irrigation water and other water sources downstream of the each respective point(s) of delivery. The District shall be deemed to be in possession and control of all such water until it shall have been delivered to User at the respective point(s) of delivery, after which delivery User shall be deemed to be in possession and control of all such water. 26. wz~ 14 of 22 EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason during the term of this agreement, local, state or federal governments or 27. agencies other than the County shall fail to issue necessary permits, grants necessary approvals, or shall require any change in the operation of the treatment, transmission and distribution systems or the application and use of all such water. Then to the extent that such requirements shall effect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity with such permits, approvals, or requirements. However, nothing shall require User or District to accept any new agreement if it substami.~..y adds~o~its bur¢lens arrel, ~~ ~eunder. USER'S RIGHT *O,~T~~A~OI~I.~~NT RLINS~&VITH LAND. The User shall have the right to terminate this agreement if the District fails to deliver such water or otherwise fails to perform, under the terms and conditions as set forth in this Agreement. In the event the Board of County Commissioners approves a zoning change for User's property from the primary use as a golf course, User shall have the right to terminate this Agreement subsequent to such rezone if the rezone results that User does not need any of the subject water for irrigation purposes. The User shall have the fight to sell, transfer or encumber the land areas irrigated with the subject water as described in Exhibit A, except that written notice of any proposed sale or transfer to a company not affiliated with User must be given to the District, as provided for herein, at least thirty (30) days prior to sale or transfer. So long as use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party in interest shall be obligated to receive and use the specified minimum quantity under the same terms and conditions of this Agreement unless modified by mutual consent of the District (County) and the buyer, of transferee, or successor in interest to the User. 28. DISTRICT'S RIGHT TO TERMINATION. The District (County) shall have the right to terminate this Agreement if the User fails to perform, under the terms and P~g~ 15 of 22 conditions as set forth in this Agreement. or if performance is prevented by third party litigation, of if the User is illegally disposing of or using the said water, or if any other event beyond the control of the District permanently prevents performance, or if the User fails to pay delinquent fees, rates or charges for the services and facilities provided for under this Agreement. 29. 30. TIME OF TERMINATION. Where practical, termination on the part of either party shall not occur before one hundred eighty (180) days after the terminating party has notifiedwl!e~o~r p~ writing,, exc~r~~e where User is illegally disposing of or usmg~ii~such ACCESS. The District shall have the right, but not the duty, to enter upon the Property of the User to review and inspect at reasonable times the practices of User with respect to conditions agreed herein, Such entry shall normally be for the purpose of review of the operation of the respective water-system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring well located on the property of the User. User may have a representative accompany the District personnel. All such on-site monitoring shall be at the County's expense and all such inspections and monitoring shall be conducted in a manner as not to unreasonable interfere with the activities and fights of the User or others with access to Collier Tract 21 PUD. Upon conclusion of such inspections and monitoring activities, the County agrees to restore the User' property to its prior condition. 31. INDEMNIFICATION. User acknowledges that the supplemental irrigation water, due to its chemical composition, may not be compatible for irrigation on certain susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages which may occur due to the use or acceptance of any such water. The User, in consideration of ten dollars, receipt and sufficiency of which is accepted through the signing of this ~ 16 of 22 Agreement, shall hold harmless and defend the District and its agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement caused solely by User or by User's agent, employee, invitee, permittee or any other person or entity on the property at the invitation or implied invitation of User. 32. INDEMNIFICATION. User hereby agrees to save and hold the County harmless from and a ainst-'an i~:~o emands a'nade cou g Y~ .~ ~ .~ ~ ~ nt , state or federal officmls relative ta co~ce ~r}~regd:~ req~ements concerning apphcat,on and d~spmq of~he~bf~t lmgaaon water~ownsWem of the mspechve Point of Delivery, as well as ag~nst clams made by third p~ies for money dmages resulting &om downs~em contact with any such water, provided, the delive~ of water to Point of DeliveU is properly Weated as he~in defined· 33. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a signatory hereto. 34. SEVERABIIJTY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenfomeability shall not effect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 35. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use zoning approvals, permissions, variances, P~ 17 of 22 DEC ! )999 special exceptions or any other rights with respect to the real property in the approved uses area. 36. APPLICABLE LAW. This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida and the Collier County Water Ordinance or Ordinances or its/their successor(s) in function. 37. 38. RECORDATION.~~gre~me~,~ shall .he rec~g~~;~lhllblic Records of Colher County, Florida. ~.~ g !~ ~ ~ ~:~ ~T~R ASS~ANCES. The p~ies a~ee that at ~y time after the execution hereof, they will, upon the request of the other p~y, execute ~d deliver such other documents and ~nher assur~ces as may be reasonably required by such other p~y in order to c~ out the intent of the A~eement. 39. REGULATORY AUTHORITY. The provisions of this Agreement shall at all times be subject to the exercise of lawful regulatory authority. This Agreement shall be governed by Florida law, the Collier County Utilities Standards and Procedures Ordinance or its successor in function, and other applicable County Ordinances, 40. BINDING EFFECT AND ASSIGNMENT. This Agreement shall be binding upon and shall be to the benefit of the parties hereto and their respective successors and assigns. There are no third party beneficiaries with regard to this Agreement. Except as specifically provided herein, neither party shall have the right to assign or otherwise transfer this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. Unauthorized assignment or other transfer shall be void ab initio. In the event of any such assignment' or transfer, such assignee shall be required to assume, in e~s~ 18 of 22 1999 41. writing, all rights, duties and obligations under this Agreement. This Agreement may be assigned by User to an affiliated company, to which assignment the County hereby consents. User shall promptly provide written notice of this assignment to the County. In the event User does not proceed with the development of a golf course on the real property described in Exhibit "A" hereto, User shall have the right to assign its rights and obligations hereunder to a third party, subject to approval of the County as to the property to be receiving the irrigation water hereunder, said approval not to be unreasonably withheld. COUNTERPARTS::; T~s ~ment~_~ be~eX~uted~!!n any number of counterparts, each~:of~ch;~hal~n oa:~l,mi~but s~-counterparts shall together constitute but one and the same instrument. 42. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed by the parties hereto, or their successors in interest to the Property. Course of conduct between the parties shall not be a waiver of any term of this Agreement. P~ 19 of 22 DEC I 1999 IN WITNESS WHE~OF, the foregoing parties have subscribed their hands and seals for the day and year first above mentioned. IN WITNESS WHEREOF, User and the County have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed on the date noted immediately below. DATED: THE OLD COLLIER GOLF CLUB, INC. Signature ~ ! ~ ........ Jeffrey M. Birr, President By: (2) Printed/Typed Name Signature Printed/Typed Name Printed/Typed Name Printed/Typed Title ( Corporate Seal ) Page 20 of 22 STATE OF FLORIDA COUNTY OF CO! JIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared · Well known to me to be the of TI-IE OLD COLLIER GOLF CLUB, INC., being authorized so to do, executed the foregoing Agreement for Delivery and Supply of Irrigation Water for the purpose therein contained under authority du~ invested~y the , and the seal affixed thereto is tlae tree S~al of§~di~!i ~¢!~ g'~'- ~:'~! ,~ !i~ WITNESS my hand and official seal in the County and State aforesaid this day of ,1999. (Notarial Seal) Notary Public My Commission Expires: Parc 21 of 22 DEC 1 1999 DATED: ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COl J.[ER COUNTY, FLORIDA AND EX- OFFICIO THE GOVERNING BOARD OF THE COI.I JlF~R COUNTY WATER- SEWER DISTRICT COUNTY Approved as to form and legal sufficiency: By: PAMELA S. MAC'KIF. CHAIRWOMAN Thomas C. Palmer Assistant County Attom~y~) e~ 22 of 22 DEC 1 q 1999 PG. &4 - EXECUTIVE SUMMARY APPROVE ADDITIONAL LANDSCAPING WORK FOR DAVIS BOULEVARD PHASE II, BASED ON CLARIFICATIONS TO THE STREETSCAPE MASTER PLAN [FOLLOW UP TO AGENDA ITEM NO. 8(B) 1 ON 9 NOVEMBER 1999]. OBJECTIVE: Board adoption of staff clarifications to the Streetscape Master Plan, and approval to proceed with additional landscaping and irrigation improvements along the easterly segment of the Davis Boulevard Phase II median landscaping project. CONSIDERATIONS: On 9 November 1999, staff presented the Board with an overview of two principal concepts from the Streetscape Master Plan that served as the basis for differing landscape designs east and west of the Kings Way intersection. Staff also provided the Board with two options for additional and expanded landscape improvements as repeated below: Option 1 (Additional Landscaping Within Original Project Limits): 18 Royal Palms; 51 Sabal Palms; mulch; accent ground cover plants, and miscellaneous irrigation modifications. Removal of approximately 21 Buttonwood shrubs and 3,400 SF of sod. · $25,000 for additional landscaping east of Moon Lake area (approximately 3,000 LF). · Project would still stop 700 feet short of County Barn Road. $25,000 includes design and construction costs. Option 2 (Extend Original Project Limits To County Barn Road): · Fill embankment; drainage s~-ucture modifications; 8 Live Oaks; 11 Royal Palms; 12 Cassia Trees; 1,750 ground cover plants, 11,000 SF sod; mulch; 900 LF concrete curb and gutter; irrigation system; topsoil; and miscellaneous work. · $58,000 for expanded landscaping 700 (+_) LF to the County Barn Road intersection. · Project limit would extend to the western boundary of the County Barn Road intersection. · The total probable construction cost to make both of these improvements would be approximately $83,000. As part of a dialogue on the above two options, the Board reflected on three (3) components of the Streetscape Master Plan with respect to long term application and aesthetic impact along Davis Boulevard and other arterial roadways. The Board requested a clarification on the definition and application of Gateway Zones. A second component concerns a clarification on the differences between "rural" and "urban" landscaping. Component number three regards the aesthetic character envisioned for future landscape phases along Davis Boulevard to C. R. 951. Consistent with this Board directive, staff has reviewed the Streetscape Master Plan documents for the purpose of clarifying the three (3) plan components. A discussion of each component follows: Component #1: The definition and applicability o_f landscape Gateway Zones in Collier County. A Gateway Zone is one of seven (7) Character Zones specified in the Streetscape Master Plan. Gateway Zones are defined as "the major entry and exit points to urbanized Collier County", and encompass a quarter-mile boundary along intersecting arterial roadways. Currently, there are ' Executive Summary Page 2---Davis Boulevard Landscaping seven (7) designated Gateway Zones in the County. The Gateway Zone closest to the Davis Boulevard corridor is located at junction 1-75/C.R. 951/Davis Boulevard. Gateways are intended to reflect specialized landscape treatment since they signify arrival and serve as an entry feature at major access points to the streetscape network. Attached Pages 2-26 and 2-27 from the Streetscape Master Plan document schematically depict Gateway Zones. It is noted that the 1- 75/C.R. 951/Davis Boulevard Gateway Zone is also located within an Activity Zone (mixed use commercial and multifamily residential), which would result in a more urban landscape expression. Thus, staff envisions an urbanized landscape theme up to one-half mile in length along Davis Boulevard west of the C.R. 951 Gateway Zone. In addition, the Santa Barbara Boulevard intersection with Davis Boulevard is designated as an Activity Center Zone, thereby further expressing an urban landscape theme as described below. Component #2: Character Zones (distinguish between rural and urban landscape designs). As stated in component #1 above, the Streetscape Master Plan sets forth seven (7) Character Zones. The Davis Bouldvard corridor encompasses three (3) of the seven (7) Character Zones. A description of each of the three zones follows: 1) Activity Center Zone: These are related to existing and proposed major urban areas, essentially a one-half mile square around major street intersections. Streetscape master Plan page 2-12 depicts the general design features for an Activity Center Zone. The landscape character is generally formal or geometric. Major trees and palms can be tightly spaced and placed on geometric centers for a controlled and elegant effect. Emphasis is placed on a variety of materials with use of color at the ground level. 2) Urban Residential Zone: As shown in the attached page 2-14 of the Streetscape Master Plan document, these are transitional landscape areas, which combine features of both Activity Center Zones and Residential Zones. It is noted that Residential Zones occur primarily as frontages to Collier County's numerous planned communities and established subdivisions. In Urban Residential Zones such as along Davis Boulevard, the landscape character is soft and free flowing. Native hardwood canopy trees are employed along with accent areas of palms and/or flowering trees. Shrub beds and ground cover plants are also used, and a greater use of Florida plant material is encouraged. In Residential Zones (see attached page 2-16 from the Streetscape Master Plan), the foregoing "urban" landscape theme changes to a very soft natural "rural" character. Use of native plant materials in rather large groupings is encouraged. Predominate tree species would be Slash Pine, Live Oak, and Sabal Palm. Additionally, the use of Buttonwood, Cocoplum, Seagrape, Wax Myrtle, and Saw Palmetto shrub species would be consistent for the Residential Zone designation. 3) Gateway Zone: These are major entry and exit points to urbanized Collier County. The landscape character can be urban or rural depending on location. DEC 1 1999 Executive Summary Page 3-~-Davis Boulevard Landscaping Component #3: The aesthetic character of future phases of Davis Boulevard to C.R. 951 if Phase II is upgraded per option 1 above: The recently installed landscaping west of Kings Way exemplifies the aesthetic character of plantings in an Urban Residential Zone, and the easterly most 3,000 foot segment of Phase II transitions into a more residentlaMike zone since native Slash Pine trees were actually installed. Because of current and future mixed-use commercial and multifamily residential growth along Davis Boulevard east of Kings Way, the Urban Residential Zone will become dominant. Thus, the 3,000 foot segment in Phase II as well as subsequent phases should be planned to become an Urban Residential Zone consisting of native hardwood canopy trees, accent areas of palms and~or flowering trees, and Shrub beds and ground cover plants. The aesthetic character of future design phases of Davis Boulevard to C.R. 951, from west to east, is envisioned as urban zonal features: Urban Residential Zone to an Activity Center Zone (one-half mile east and west of Santa Barbara Boulevard) to an Urban Residential Zone to a combined Gateway and Activity Center Zone approaching C.R. 951. It is noted that final designs for Davis Boulevard Phase II were constrained by budget limitations. Final design plans were prepared for bid purposes in accord with the original Board approved construction budget of $460,000 budget. Although, the easterly 3,000 foot segment does vary in character from landscaping fi:om that accomplished west of Kings Way, the design and plantings do comply with the Streetscape Master Plan since Residential Zone landscaping is permitted within Urban Residential Zones. For the reasons outlined above, staff recommends that the easterly 3,000 foot segment of Davis Boulevard Phase II be aesthetically upgraded as outlined under the option 1 scope of work in an amount not to exceed $25,000. The option 2 landscape work will be undertaken as part of the upcoming Phase III project. FISCAL IMPACT: Based on staff's recommendation an expenditure of $25,000 is required. Staff will need to also process a construction Change Order with the contractor and a Supplemental Agreement with the consultant. It is noted that the $25,000 expenditure is not considered to be an additional cost burden since the 10% construction change order funds previously approved by the Board have not been utilized to date. However, a Budget Amendment is required to transfer $25,000 fi:om Road Construction Gas Tax Reserves into the project budget. Funding source is Road Construction Gas Tax, Fund 313. _ GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: a) adopt the Urban Residential Zone for Davis Boulevard, and authorize staff to implement option 1 additional landscaping work in the amount of $25,000; b) authorize staff to prepare and execute a DEC ! q 1999 Executive Summary Page 4---Davis Boulevard Landscaping construction Change Order and a Supplemental Agreement with the contractor and consultant, respectively; and c) approve the necessary Budget Amendment. SUBMITTED BY: g~(-~ ~tadf~mir ~ Ryziw, P.E..~~roject Manager III Public Works Engineeriffg Department /.~Jeff Bibby, P.E., Director Public Works Engineering Department Date APPROVED BY~~~~~~~ ~ Ed Ilschner, Administrator, Public Works Division DEC 1 zt 1999 page 2-26 1 zt 1999 ~.- 2.6 .<TR££T S'TREE T An analysis of existing conditions, proposed land uses, and new right of way improvements was conducted for identified roads within the project study area in order to locate character zones along individual streets and gateways. The following roads have been identified as part of the SSMP. Gateways Marco Is / East Trail 1-75 / CR 951 1-75 / Pine Ridge 1-75 / Golden Gate Par. kway 1-75/Immokalee Road North Trail' Livingston Road North-South Streets North Tamiami Trail Goodlette-Frank Road Airport Road Livingston Road Santa Barbara Road CR 951 /SR 951 Bayshore Drive County Barn Road Vanderbilt Drive East-West Streets East Tamiami Trail Thomasson Drive Rattlesnake Hammock Road Davis Boulevard Radio Road Golden Gate Parkway Pine Ridge Road Vanderbilt Beach Road Immokalee Road Seagate Drive 111"' Avenue North page 2-2 :C 1999 Other features. Many urban areas benefit frcm creation of a "festival" character within their streetscapes. The SSMP encourages a coordinated design theme which may include use of banners, decorative poles, lighting or other special features which may connote a festival market place environment. Any and all such features require County, City, State approval and must be coordinated throughout the Activity Center right of way area. 2.~.2.~: AO?tt~tT¥ E£N?EP,, ZONE 2.5.2.7 AETI~/ITY EENTE~, ZONE page 2-1 199 2.5.3.4 Non-Planted Areas In most cases Urban/Residential areas will have a sidewalk, usually immediately adjacent to back of street curb or a few feet away in the most urban sections of this transitional zone. Lighting occurs as tall D.O.T. standard pole and arm for illumination of the adjacent roadway and sidewalk. Ideally, sidewalks should have a meandering alignment to provide for a soft appearance and to provide for interesting plant bed configurations. page 2-14 'T C 1 4 1999 2.5.4.4 Roadsides Many Residential Zone landscapes have large Planned Unit Developments as frontage properties· Subdivisions and large single family home properties are also present. In many cases, it is possible, indeed desirable, to allow these adjacent uses to become the "edge" condition of public rights of way. If those edge conditions consist of walls or other hard architectural elements, additional tree material and groundcovers which employ the use of Florida native plant materials may be necessary. As previously described;-additional plantings should be arranged in informal masses where no single species grouping consists of less than a dozen members. This would be consistent with the grand scale of this landscape. 2.5.4.5 Non-Planted Areas In Residential Zones, non-planted areas consist primarily of sidewalks, bikeways and street lighting. If space permits, sidewalks should have a pleasing, soft horizontal alignment. Radii of less than 50 feet should be avoided, except at cross walks and intersections where horizontal dimensions become constrained. Try to layout sidewalks like street alignments: always with a definable curve and tangent. Avoid erratic, convoluted and excessively serpentine walk alignments. 2.5.4.6 Lighting Light poles shall not occur within paved pedestrian areas except at intersections, if absolutely necessary. pag 2- 1999 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO MAKE AN OFFER OF JUDGMENT OF $3,000.00 IN .... SADLER V. COLLIER COUNTY, CASE NO. 98-4438-CA-HDH. - ~_,IF. AT,.T.I_~ To approve the making of an offer of judgment in Sadler v. Collier County, Case No. 98-4438-CA-HDH, in the amount of $3,000.00. CONSIDERATIONS: The complaint in Sadler v. Collier County, Case No. 98-4438-CA- HDH, now pending in the Twentieth Judicial Circuit Court in and for Collier County, alleges that the County was negligent and caused or substantially contributed to injuries incurred by Mr. David Sadler when he exited his truck at the Collier County landfill, slipped and injured his knee. Mr. Sadler and his wife are demanding $75,000.00 in settlement of their claims against the County. The County denies all liability. Nevertheless, pursuant to Florida Rules of Civil Procedure 1.442 and Section 768.79, Fla. Stat., the County is entitled to make a proposal for settlement/offer of judgment and thereby place itself in the position to recover its attorney's fees and costs should the County prevail at trial or, alternatively, should Mr. Sadler not recover at least 25% more than the amount of the proposal for settlement/offer of judgment. FISCAL IMPACT: Funds are available for this proposal for settlement/offer of judgment from Property and Casualty Fund No. 516-121650. The maximum exposure of the County in this action is $100,000 as stated in Section 768.28, Fla. Stat. The making of the proposal for settlement/offer of judgment may put the County in the position to recover its attorney's fees and costs under certain circumstances should this case proceed to trial. GROWTH MANAGEMENT 1MPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the making of a proposal for settlement/offer of judgment and authorize the Office of the County Attorney and Risk Management Department to make such a proposal for settlement/offer of judgment in the amount of $3,000.00. PREPARED BY: Michael W. Pettit Assistant County Attorney Date: AGENDA ITEM 1 1999 REVIEWED BY: Je'lrfr'~Wa4Vker, CPCU, ARM Risk Management Director Date: David C. Wei~'~l'- ~:~ County Attorney h:Lit~Sadler~xSum/udgment9(B) 2 A'GEfiDA'ITEM D£¢ 1 ,~ 'L999 EXECUTIVE SUMMARY Corrective Approval of Agenda Item 8(A)(1) of the 11123199 Board meeting regarding Tourist 'Development Funding in the amount of $9,853.01 for the Naples Sports Festival held on August 8 - 10, 1999. OBJECTIVE: That the Board recognize a correction in identification of the applicant / payee regarding the (Naples Little League) Naples Sports Festival so that appropriate payment may be processed. CONSIDERATION: On November 23, 1999 the Board of County Commissioners approved the grant of $9,853.01 of Tourist Development Tax funds for use in the promotion of the Naples Sports Festival. The event was held and the grantee has submitted the insurance certificate and other documentation for reimbursement payment. It has been noted that the name of the entity that applied for and should receive payment for this year's event has changed slightly from last year - from North Naples Little League, Inc. to North Naples Softball Little League, Inc. The documents presented by staff and signed off by grantees representative in 11/23/99 agenda item 8(A)(1) didn't reference the difference in the name, and approval of the Board recognizing the changed name / entity at this time facilitates payment and a timely solution to the issue presented. FISCAL IMPACT: None with this action. The $9,853.01 was authorized for expenditure on 11/23/99. Payment may now be processed. GROW,TH MANAGEMENT IMPACT: None RECOMMENDATION; That the Board of County Commissioners recognize the applicant / grantee pertaining to Agenda Item 8(A)(1) 0fthe 11/23/99 Board meeting as North Naples Softball Little League, Inc. with payment to be processed upon receipt ora properly identified and executed 1999 Tourism Agreement. PREPARED BY: EXECUTIVE SUMMARY Recommendation to approve attorney's fees for the taking of parcels 713A, 713B, 813A, and 813B in the case of Collier County vs. Naples Italian American Club, Inc., et al., Case No. 98-1672-CA-01 OBJECTIVE: For the Board of County Commissioners to approve the attorney's fees in the taking of parcels 713A, 713B, 813A, and 813B. CONSIDERATION; In the summer of 1998, the County acquired parcels 713A, 713B, 813A, and 813B in the case of Collier County vs. Naples Italian American Club, Inc., et aL, for the Airport Road six-laning project from Pine Ridge Road to Vanderbiit Beach Road. A Stipulated Final Judgment was entered by the Court on August 11, 1999, which terms had been approved by the Board of County Commissioners on June2~., 1999. A copy of the Stipulated Final Judgment is attached. The attorney representing the property ' ' owner claimed an attorney's fee of $238,862.50 based on non-monetary benefits in the ~ amount of $830,000.00 and a monetary benefit of $45,450.00. Through negotiations, the County was able to get this fee reduced to $67,000.00. FISCAL IMPACT: The sum of $67,000.00 will ~e funded from the following: Fund ~'~[ ~~~ee District 1 North Naples; Cost Center 163650 - Road Impact Fee Construction; Project Number 62031 - Airport Road Six-Laning Project. GROWTFI MANAGEMENT IMPACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners (1) approve the attached Agreed Order, (2) approve the expenditure of the funds as stated, and (3) direct staff to deposit the sum of $67,000.00 into the Registry of the Court. Heidi F. Ashton Assistant County Attorney "' Public Works Engineering Department Director APPROVED BY: David C. Weigel County Attorney Date: AGEND~ rrEM NO._ DEC 1999 IN TH~ CIRCUIT COURT OF TIlE TWHNT~TH IUDICIAL ClRCUI1' ~CEOV~ IN AND FOR, COLLIER, COUNTY. FLORIDA J NOV 2 2 t999 COLLIER COUNTY, FLORIDA, a CASE NO.: ' 98-1672 CA J ~-,--~ ......... political subdivision of thc Statc of Florida, PARCELS: 713A. ?13B, 813A, and 813B Petitioner, VS. THE NAPLES ITALIAN-AMERICAN CLUB, INC.', a Florida corporation, et al., Respondents. AGREED ORDER AWARDING ATTORNEYS' FEES THIS CAUSE, having come before the Court upon Joint MotiOn of the parties for entry of an Order Awarding Attorneys' Fees, and the Court, being fully advised in'thc premises, it is ORDBRBD AND ADIUDGED that !' : ' .'- -. ,"'~ :;-'-;7-'.-'. :':. i:'.: '.';'.' "': · .... ' ;j: ;:' . ":.'"' 1. Respondents, HARRY M. BUCK.LBY, individually and as Co-partner d/b/a BUCKLEY ENTERPRISE'S, DONALD E. BuCKLEY, individually and .as co/partner d/b/a BUCKLEY ENTERPRISES, THOMAS E. BUCKLBY, individually and as co-partner dA,la BUCK. LEY ENTERPRISES, and ILEUS N. BUCKLEY, individually have and r~cover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of SIXTY-SBVBN THOUSAND ($67,000.00) DOLLARS and No/1 O0 as a reasonable aUomeys' fee. 2. Upon entry of this Order, Petitioner shall pay directly to EARLE & PATCHEN, P.A., 1000 Brickell Aveuue, Suite 1112, Miami, Florida, 33131, as attorneys for Respondents, thc sum of $67,000.00. 3. The Court reserves jurisdiction t'0 dctcrminc and awal-d remaining costs and expert fees incurrod by Rcspondcnts in the prepa~ati'o~{ 'of their ~se.' AC-.-.-.-.-.-.-.-.-.~NDA ITEM. NO. q(c ) DEC 1999 pg, ,I ~d ~Y Y CASE NO.: 98-1672 CA Naples, Collier'Coun~, Florida on flxis DONE ORDERED in ~99. · Joe W. Fixel Brian P. Patchcn Hcidi F. Ashton TED H. BROUSSEAU Circuit Court Sudge dayof Tim ortgtnal of this document uas stgned NOV 16 1999 by Ted Brousseau ¢<,¢~t Judge JOINT MOTION The parties, by and through their undersigned aitomcys, movc for entry of the forcgo/ng )rd~r Awarding Attorneys' Fees. ?. ]~IXEL / --~ r No.: 0192026 %, ~o ,y for Petitioner k Maguirc, P.A. )uth Gadsden Street russet, Florida 32301 681 -1800 681-9017facsimile /I/e FL. BarNo.: 157545 Attorney for Respondents Earle & Patchen, P.A. 1000 Brickell Avenue, Suite 1112 Miami, Florida 33131 (305) 372-1112 (305) 372-3691facsimile DATED:_/~,,~;/~,,~' 2 AGENDA_ .ri'EM NO. ~ DEE 1~ 1999 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. CASE NO. 98-1672 CA CIVIL ACTION THE NAPLES ITALIAN-AMERICAN CLUB, INC., a Florida corporation; et al. PARCELS: Respondents. STIPULATED FINAL JUDGMENT 713A, 713B, 81]~ 813B c: THIS CAUSE having come before the Court ~pon Joint Motion made by Petitioner and Respondents, HARRY M. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, Indi.vidually and as co-partner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS lq. BUCKLEY, for emry of a Stipulated Final Judgment as to Parcels 713A, 713B, 813A and 813B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, HARRY M. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS lq. BUCKLEY, and the Court being otherwise fully advised in the premises thereof~ it is thereupon ORDERED AND ADGUDGED that the Respondents, HARRY M. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DOlqALD !. 1~.~~~ 1 1999 Ps. q Individually and as co-panner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-panner d/b/a BUCKLEY ENTERPRISES; and ILEUS N. BUCKLEY, have and recover fi.om the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty Five Thousand Four Hundred Fifty and No/100 Dollars ($45,450.00) for Parcels 713A, 713B, 813A and 813B, as full settlement of all claims for compensation, property interests taken, damages resulting to the remainder, business damages, and all other damages in connection with said parcels including statutory interest; it is further ORDERED that Respondents shall reimburse Petitioner the sum of Forty Five Thousand Four Hundred Fifty and No/100 Dollars ($45,450.00) within sixty (60) days of the court's execution of the ~fipulated Final Judgment pertaining to parcels 713A, 713B, 813A, and 813B. Said reimbursement shall be made payable-to Coll~r County Board of Commissioners and tendered to the County Attorney, David Weigel; and it is further ORDERED that Petitioner shall convey parcels 713A, 713B, 813A and 813B to Respondents by Quitclaim Deed within sixty (60) days of the court's execution of this Stipulated Final Judgment pertaining to parcels 713A, 713B, 813A and 813B. This conveyance is based on the County's representation that it has taken no action to result in the placement of liens or other encumbrances against these Parcels fi.om the date of the Order of Taking to the date of the Quitclaim Deed is recorded in the public records; and it is further ORDERED that this Final ludgment is based on. Petitioner implementing Petitioner's construction plans and specifications attached hereto as composite Eochibit "P", as said plans relate to parcels 713A, 713B, 813A and 813B and their remainder, being implemented by Petitioner and it being acknowledged that the drainage facilities to be constructed as shown in these plans' are of particular importance to the Respondents. Accordingly, if the 2 )reject is not so 1~ AGE:ND~J~ NO. ~ DEC 1 1999 implemented, Respondents shall have the same remedies as would have been afforded to them had the case been resolved by verdict with said plans and specifications having been made a part of the record at trial. Central and Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. 4th DCA 1974) cert. denied310 So.2d 745 (Fla. 1975). ORDERED that Petitioner shall ensure that ingress and egress rights relative to the above- referenced parcels and the remainders thereto, shall remain unchanged as to pre-existing and future driveway connections; and it is further ORDERED' that. this Stipulated Final Judgement is to be recorded in the Official Records of Collier County, Florida; and it is further ORDERE~ that this Court shall retain jurisdiction to assess attorney fees and reasonable experts costs rendered in connection with the above-s~led cause of action as it relates to Parcels 713A, 713B, $13A and 813B; and it is further ORDERED that this Court retains jurisdiction to enforce the terms of this judgment. DONE ~A~ ORDERED in Chambers at Naples, Collier County, Florida, on this / ! · S/TED BROUSSEAU Circuit doug CERTIFICATE OF SERVICE I I-Cat:BY CERTIFY that a tree and correct copy of the foregoing haa been furnished by United States Mail to Brian P. Patchen, Esquire, Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 112, Miami, Florida 33131; Douglas L Woldorf, Jr., Esquire, Post Office Box 3454, Fdrt Myers, Florida Florida 33940; Charles J. Basinait, Esquire, Henderson, Franklin, Starnes 3 33918-3454; NationsBank, N.A. (South), 691 Fifth Avenue South, Naples, Monroe Street, Fort Myers, Florida 33901; Heidi Ashton, Esquire, Assistant county Attorney, Collier County Attorneys Office, 3301 East Tamiami Trail, Naples, Florida 34112-4902 and Joe W. Fixel, Esquire, Fixel'& Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, on day of-Jtfl~, 1999. JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT COMES NOW, Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, HARRY M. BU. CKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; DONALD E. BUCKLEY, Individually and as co-p~artner d/b/a BUCKLEY ENTERPRISES; THOMAS E. BUCKLEY, Individually and as co-partner d/b/a BUCKLEY ENTERPRISES; and ILEUS N. BUCKLEY, without waiving any rights and respectfully move for 'the entry of the foregoing Sfipulated~ Final Judgment. ."/ .'//4 4 ... Bran Patche~, Esquire " v~ Florida Bar #157545 EARLE & PATCHEN, P.A. 1000 Brickell Avenue Suite 1112 Miami, Florida 33131 Telephone: (305) 372-1112 Facsimile: (305) 372-3691 Attorney for Respondents 4 da Bar #0192026 ~EL & MAGUIRE South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 and Heidi F. Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail. Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for Petitioner AGENDA ITEM NO. q f¢~ ' DEC 1999 ',~.EN~ ~-AGENDA IT I ii ij ti I I ,! '1 I ,{~ENDA NO. 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[_2 · ( i::: ::::::::: ::::::::: :::::::: 14~:::: ::::::::~::::::::: ::: :::: ~i::::ii~ i~i~ii~i~ ~i~i:.::. i~ ~ii~ ~: : : : : ~:::: / / i_~ 'j~." : ii iii~ii Ji ~ i ii iiii ~.;iii~ii iiiii~ii ' iiiii~i iii i~ ii .:~ il il .:E ::: :: :::::: ::::::::: ::::::::; ::::::::: ::;::::::: ::::;;::; ::::::::: ::::::::: ::::::::: ~ I .................. ~' I : ::::::::~ ::::::::: ::::::::: ::::::::: ::::::::: ::::::::: ::::::::: ::::::":: ::::::::: ::::::::: ::":::::: ::::::ii! i~'.~::~i '~:~[~ i!~.:~i~ ~iii~i:: ::~:-~:: :::?:::: ~'"7 .... i ....... J' ' °l' ~ .............J :: : ...............................J I?i~')~:,~ .......... :: .. ~j~:::::- ., ...................................................................................................................................... : j .... P~. \:~Y/P~.~ 1999 Pg. \I., pg. I I RESOLUTION NO. 99- 2 3 A RESOLUTION RENAMING THE ADMINISTRATION BUILDING A/K/A 4 BUILDING F AT THE COLLIER COUNTY GOVERNMENT CENTER 5 THE "W. HARMON TURNER BUILDING." 6 7 WHEREAS, Wilbur Harmon Turner received his B.S. degree in Civil Engineering from 8 the University of Florida in June, 1934, and moved to Collier County in August, 1934, working 9 with the State of Florida's Road Department; and 10 WHEREAs, in September, 1934, Harmon Turner went to work in the Engineer~n~ ! 1 Department of the Collier Company; and 12 WHEREAS, Harmon Turner worked on a survey crew that did the early re-surveying of 13 Collier County; and 14 ~UI-IEREAS, Harmon Turner served in the U.S. Army Corps of Engineers as a Lt. Colonel 15 in World War II, beginning in 1940; and 16 WHEREAS, Harmon Turner returned to Collier County working for the Collier Company 17 part-time as the County Engineer in i 946; and 18 WHEREAS, Harmon Turner supervised the transport of the parts of the "swing bridge" 19 from Punts Gorda to Goodland where it was assembled on State Road 92 and where it served 20 until the mid ! 970's; and 21 WHEREAS, Harmon Turner was named Collier County's first full-time County Engineer 22 in October, 1960, and first Director of Public Works in March, 1969; and 23 WHEREAS, Harmon Turner was instrumental in the movement of the county government 24 center from Everglades City to East Naples and supervised the construction of the new Collier 25 Government Center buildings and facilities - Buildings A through F; and 26 WHEREAS, Harmon Turner was instrumental in the acquisition of Collier County's 27 portion of the right-of-way for Alligator Alley; and 28 WHEREAS, Harmon Turner was named Collier County's first County Manager on April 29 14, 1970, and served in that capacity until his retirement in October, 1974; and 3o WHEREAS, Harmon Turner was responsible for financing the construction of Building F 31 in the early 1970's so that the County's facilities could better meet the demands of the County's 32 growth. 33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY / _ 6 ? 9 10 11 12 13 14 !? 18 19 2O 22 23 24 25 26 27 2~ 3O County Commissioners wishes to recognize the many contributions of Wilbur Harmon Turner to Colher County and its citizens by naming the current Administration Building a/k/a Building F at the Collier County Government C6nter the "W. Harmon Turner Building." This Resolution adopted this day of , 1999 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Davi~'C. Weigel County Attorney By:. PAMELA S. MAC'KIE, CHAIRWOMAN H:public/dda/resolutiona/1999/harmon turner building OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on April 4, 2001 on the Immokalee Enterprise Zone Development Agency. CONSIDERATIONS: This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. Ordinance 95-22, Section Two (B). The importance of minority representation on the agency shall be considered in making appointments so that the agency generally reflects the ethnic and gender composition of the Immokalee community.. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William P. Dillon Attorney 2 yes none Tony Sanchez. Jr. (received after deadline) Business/Minority Hollywood, FL none COMMITTEE RECOMMENDATION: Tony Sanchez, Jr. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 1 member to fulfill the remainder of the vacant term, expiring on April 4, 2001; and, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners DECEMBER 14, 1999 .EC i 1999 F'g. / Memorandum To: From: Date: Subject: Sue Filson, Board of County Commissioners Helene Caseltine, HUI 11130/99 Immokalee EZDA Appointment At the last meeting of the Immokalee Enterprise Zone Development Agency Board, two applicants were discussed both of whom showed an interest in serving on this Board -- Mr. Tony Sanchez, General Manager of the Seminole Indian Casino, and Mr. William Dillon, General Counsel for Collier Health Services in Immokalee and a Naples attorney. By unanimous approval, Mr. Sanchez was recommended for appointment, as the Board thought it was important to have better representation from the Seminole Indian tribe since the Immokalee Enterprise Zone boundary' has now been expanded to include the Seminole Reservation. Also, as stated in Chapter 760.80, F.S., "It is the intent of the Legislature to recognize the importance of balance in the appointment of minority and non-minority persons to membership on statutorily created decision-making and regulatory boards...". It further states "... the appointing authority should select, from among the best-qualified persons, those persons whose appointment ~ ould ensure ti~at thc membership of the board.., accurately reflects the proportion that each group of minority persons specified in sub-section (2) represents in the population.., of the area represented by the board .... ". The current demographic make-up of the Immokalee EZDA Board d.3es no', accu:ately reflect the area in wtfich it serves. Of the 12 Board CUtTent members, one is of Hispanic descent and one is of African-American heritage, the other ten are all Caucasian. The Board Chairman felt that the appointment of Mr. Sanchez would help rectify this situation. As there was only one Board vacancy to fill, Mr. Dillon's resume was not discussed further and, therefore, not recommended for approval. However, the Board Chairman did express his appreciation in Mr. Dillon's interest. /hc c: Fred Thomas, Jr., Chairman Immokalee [£ZDA Community Development & Environmental Services Housing and Urban Improvement AGENDA IT. EM Immokalee Enterprise Zone Development Agency [Vork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Fred N. Thomas, Jr. 1800 Farm Worker Way Irnmokalee. FL 34142 District: 5 Category: Non Profit Organization Lucy Ortiz 606 Roberts Avenue Immokalee, FL 34142 District: 5 Category: Non Profit Organization Ira J. Malamut 11990 Wedge Drive Ft. Mvers. FL 33913 Di~'tr[ct: Category: Non-profit Organization J e,,TV Hubbart P.O. Box 267 Felda. FL 33930 District: Catego~': Business in Zone Raymond T. Holland 73~0 Trafford Oaks. ;12 Immekalee. FL 34142 District: 5 Category: Finanical Entity. W. Herman Spooner 806 N. 15th Street Immokalee, FL 34142 District: 5 Categou': Business Owner & Resident 657-3649 04/04/95 04/04/96 1 Year 09/03/96 04/04/00 4 Years 262-4404 04/04/95 04/04/99 4 Years 657-5617 03/23/99 04/04/03 4 Years 658-3560 03/23/99 04/04/03 4 Years 658-3505 03/23/99 04/04/03 4 Years 675-3747 657-3171 04/01/97 04/28/01 4 Years 657-4568 657-2569 08/05/97 04/04/98 1 Year 03/14/98 04/04/02 4 Years Wednesday, September 29, 1999 Page I of 3 ITEM Immokalee Enterprise Zone Development Agency ,Vame tVork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Floyd Crews 657-2429 11/24/98 04/04/99 2 Years P.O. Box 610 03/23/99 04/04/03 4 Years Immokalee, FL 34143 District: 5 Categoo': Resident/business Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 District: 5 Category: Private Industry, Council 481-8020 08/05/97 04/04/99 2 Years 03/23/99 04,/04/03 4 Years Irnmokalee, FL 34142 District: 5 Categor)': Non Profit Organization Casev \Volff 4951 Gulf Shore Boulevard. Apt. 1701 Naples. FL 34103 District: 4 Category: Immigration Law 04/04/'01 Robert Asbel, Jr. 112 South 1 st Street Immokalee, FL 34142 District: 5 Categora: Local Law Enforcement 261-0544 09/28/99 04/04/03 3.5 Years 65%6168 02/03/98 04/04/02 4 Years 07/28/98 04/04/99 8 Months 03/23/99 04/04/03 4 Years John Kirchner 352-8575 3311 Golden Gate Boulevard, E. Naples, FL 34120 District: 5 Category: Immokalee Chamber of Commerce ~'ednesday, September 29, 1999 Page 2 of 3 AGENDA ITEM ~. /CO- ,, D~, 1 ~ 1999 Immokalee Enterprise Zone Development Agency Work Phone Appt'd Exp. Date Terrn ,~ame Home Phone DateRe-appt 2ndExpDate 2nd Term Gm' Dantini 280b North Horseshoe Drive Naples, FL 34112 District: Category: Local Code Enforcement 643-8445 09/93/96 04/04/99 3 Years Denise Blanton 657-3306 14700 Immokalee Road Immokalee. FL 34120 District: 5 Category: non-voting ex-officio member 12/09/97 00/00/00 unlimited This 13 member committee was created on April 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated tt~e Immokalee Community to be considered by the FL Dept. of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ. the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit communi~-based organizations, local private industry council, local code enforcement agency, and local law enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years. FL ST. 4 T: 290.001 - 290.016 Staff: Greg M~halic, HUI Director: 403-2330 Wednesday, September 29, '1999' Page 3 of 3 MEMORANDUM DATE: TO: FROM: November 1, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assistant/,,/ 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 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. IMMOKALEE EZDA ./ William P. Dillon 2190 Arbour Walk Circle #2217 Naples, FL 34109 Thank you for >.'our help. COMMISSION DISTRICT AC-.ENDA ITEM NO. /~ c_. ret., i ~ 1999 --?-;9: 5:29PM;COLLIE~ 506 South First Street · Immokalee, Flodda 34142 Telephone (941) 658-131 $ · Toll-Free 1-800-218-0007 --- Sue Filson Board of County Commissioners 330I Tamiami East Naples, FL 34112 Dear Ms. Filson, Please accept this correspondence as my formal application to thc Immokalee Enterprise Zone Dcvc!opment Agency. My recent appointment as General Manager, at the Seminole Indian Casino is a welcomed opportunity as well as a homecoming for myself. During my tenure with the Seminole Tribe, I have held various positions and have been involved in numerous projects that requircd initial staffing, training, and development of policies and procedures. I have been involved in projects that required development and monitoring of budgets, presentation~updates of projects, these projects have helped me develop new skills that have served me well. I have a sincere interest m seeing Immokalc¢ develop and prosper, I wish to use my skills and knowledge in helping the citizens and the town of'Immokalee fulfill their goals. Should additional information be needed, contact me 941-658-1313. Sincerely, ~o~Sinchez, Ir. C~n~eral Manager TOTAL P. ~2 TONrY SANCHBZ, IR. 6510 OSCEOLA CIRCLE WEST HOLLYWOOD, FL 33024 AUGUST '99--PRESENT GENERAL MANAGER, SEMINOLE INDIAN CASINO OF 1]VlMOKALEE OVERALL RESPONSIBLLITY OF CAShNO JANUARY '99- AUGUST '99 GAMING DIRECTOR, SEMIINOLE TRIBE GAMING COMMISSION OVERALL RESPONSIBILITY FOR IMPLEMENTATION OF GAMING COMMISSION POLICIES MAY '96 - JANUARY '99 GAMING ADMINISTRATOR, SEMINOLE TRIBE GAML~G COMMISSION DIRECT SUPERVISION OF SURVEILLANCE ROOMS AND GAMING INSPECTORS JANUARY '96 - MAY '96 GAMING INSPECTOR, SEMINOLE TRIBE GAMING COMMISSION RESPONSIBLE FOR DOCUME~ATION AN-D REPORTING OF GAMING VIOLATIONS TO GAMING COMMISSION JLrLY '9 I-DECEMBER '95 ASSISTANT IM. MOKALEE ADMINISTRATOR, SEMINOLE TRIBE OF FLOR/DA RESPONSIBLE FOR ADMINISTRATION OF SEMINOLE TRIBE COUNCIL PROGRAMS AND REVIEW OF DEPARTMENT BUDGETS I.ANUARY 'go.-JL-NE '91 IM/vlO~LEE RECREATION DIRECTOR, SEMINOLE TRIBE OF FLORIDA DEVELOPMENT AND ADMINISTRATION OF YOUTH AND ADULT ACTIVITIES JANUARY '88- DECEMBER '89 PURCHASING DIR.E~OR, SEMINOLE TRIBE OF FLORIDA OVERALL RESPONSIBILITY FOR SECURING PURCI-LASES AND ESTABLISHING CORPORATE AGREEMENTS WITH NATIONAL AGENCIES (AVIS, I-IERTZ, BUDGET, TRAVEL AGENCIES) ETC. OCTOBER '87- DECEMBER '87 SALES AND MARKETING DIRECTOR, BIG CYPRESS MILLION DOLLAR BINGO OVERALL RESPONSIBILITY FOR ,aDVERTISING AND MARKET~[tqF~i ~'~'F(~'~~''~ ~ISI 8b"~ I~ ~I :t,O 666I-£E-AON JAiN UARY '§5 - SEPTEMBER '§7 SALES A~ND MAR.KETING DIRECTOR, MUCKLESHOOT INDIA.N BIN'GO OVEKALL KESPONSIBILITY FOR PROMOTION OF FACILITY THROUGH ADVERTISING AND ESTABLISH/NG AGREEME~I~S WITH TOUR OPERATORS OCTOBER '83 - DECEMBER'g4 ASSISTANT PLANNER, SEMINOLE TRIBE OF FLORIDA, INC. REVIEW OF BUSINESS PROPOSALS SUBMITTED TO TRIBE, SUrBMIT APPLICATIONS FOR ECONOMIC DEVELOPMENT GRANTS ON BEHALF OF TRIBE .NOTE MY INVOLVEMENT WITH THE TRIBE IL, kS ALWAYS BEEN O'NrE OF ESTABLISHING PROGRAMS FROM INITIAL INVOLEMENT DUKINrG PLANNING TO EVENTUAL IMPLEMENTING OF COUNCIL POLICIES D2C 19,99 Pg .... 7 MEMORANDUM DATE: TO: FROM: November 1, 1999 Greg Mihalic, HUI Director ~,~ //~ ]9. Sue Filson, Administrative Assistant Board of County Commissioners ~ Immokalee EZDA 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: William P. Dillon 2190 Arbour Walk Circle #2217 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Than. k you for your attention to this matter. SI' Attachments Pg. /X? William P. Dillon, Esq. 2190 Afoour Walk Circle #2217 Naples, Florida 34109 (94 I)596-8727 w.dillon~htsa, nct October 26, 1999 via Facsimile (941)774-3602 Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 341 I2 Re: Citizen Advisoq. Committee(s) Dear Ms. Filson. Please accept this letter, along with the attached resume, as my application for a position on any of the following Collier County advisory committee(s): The Citizens Advisory Task Force Tim Development Services Advisory Committee The Immokalee Enterprise Zone Development Agency ' 5~ve been a resident of Collier County for approximately eighteen (18) months and I ,:ax'e every intention of making this the permanent home for my family and myself. As such, I feel it is my obligation as a citizen and elector of this great county, to offer my assistance whenever possible. I have specifically requested a position on any one of the above named committees, because I believe those committees perform functions that are invaluable to our community, Further, the listed committees are ones in which I feel that I have the appropriate background to offer meaningful assistance. Thank you for you consideration of my application, please do not hesitate to contact me s~euld you requh'e any further information. Ve~' truly yo~ William P. Dillon, Esq William P. Dillon, Esq. 2190 Arbour Walk Circle, Apt. 2217 Naples, Florida 34109 (941) 596-8727 w.dillon~usa.net LEGAL EXPERIENCE: Collier Health Services, Inc., Immokalee, Florida General Counsel, September 199g-Present I. ega! Affairs Liaison, June 1998-September 1998 · Represent the corporation in legal and administrative matters · Coordinate case management with outside counsel · Draft comracts and other legal documents · Provide advice to the Governing Board and Senior Management on health care compliance and regulatory matters, as well as, all pertinent legal matters William P. Dillon, P.A., Naples, Florida Attorney at Lay, May 1999-Present · Provide legal services to community health centers, as well as, other health care professionals. Law Offices of Barry T. Shevlin. P.A.. Miami Beach, Florida £a~,, Clerk, June 1997-May [998 · Researched commercial, criminal and landlord tenant issues · Prepared pleadings, motions and other relevant legal documents · Interviewed current and prospective clients St. Thomas UniversiW School of Law, Miami, Florida Deans Fellow Instructor, civil Procedure 1996-1997 · One of only six students selected from the law school community to assist and instruct first year law students in their study of civil procedure Dade County State Attorney's Office, Miami, Florida Legal Intern, Summer 1996 · Researched legal issues for Major Crimes Division · Ao~is~ed in motion preparation EDUCATION: St. Thomas University School of Law, Miami, Florida luris Doctor, with Honors, May I998 Academic: lop 15% I--Ion ors; St. Thomas Law Revimu, Articles Editor 1997 Deans List Academic Achievement Awards: Debtor & Creditor Rights, Intellectual Property and Thai Advocacy and Practice Academy of Florida Thai Lawyers, 1997 Intrastate Mock Trial Competition Chester Bedel Memorial Mock Trial Competition, 1996 Activities: Association of Trial Lawyers of America, Student Chapter Vice-President Phi Delta Pki, Legal Fraternity Volunteer Income Tax Assistance Program ,M3A Work-A-Day, Volunteer Coordinator Florida International University, Miami Florida Bachelor of Science, cunt laude, August 1994 Major: Criminal justice Honors: Alpha Phi Sio~na, Criminal Justice Honors Fraternity SPECL, LIZED EDUCAI'ION: Florida Risk Management Institute, Inc., Largo, Florida Licensed Health Care Risk Manager OTHER PROFESSIONAL EXPERIENCE: School of Safety and Justice Administration, Miami, Florida Adjunct Faculty, May 1995-May1998 · Instructed Police Trainees in various subjects related to obtaining State of Florida law enforcement certification Bay Harbor Islands Police Department, Bay Harbor Islands, Florida Police Officer, November 199 l-August 1995 · Uaiform road patrol · In-service training instructor * Received Outstanding Officer Award 1992, 1993 and 1994 · Received Officer of the Year Award 1993 - 1999 Bradenton Police Department, Bradenton, Florida Po/ice Officer/Detective, April 1988-June 1991 · Uniform road patrol · Special Investigations Unit, street level narcotics and vice · SWAT team officer · Participated in various community drug prevention programs CIVIC ACTIVITIES: Collier County Bar Association, Mock trial coach, Immokalee High School Collier County. Bar Association, LawDay speaker at Immokalee High School Member Collier County Chamber of Commerce Member First Baptist Church of Naples ~POIN~ OF MEMBER(S)'~O ~ :GOLDEN GATE CO~.TY~ CENTER~ OBJECTIVE: To re-appoint 1 member to serve a 2 year term, expiring on December 31, 2001, on the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: This 5 member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Vicki A. Clavelo n/a 3 yes GGCCAC COMMITTEE RECOMMENDATION: The re-appointment ofVicki A. Clavelo FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to serve a 2 5'ear term on the Golden Gate Community Center Advisory' Committee, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 14, 1999 A C. -. -. -. -. -. -. -. -. -~ D A ri'EM 0 1 1999 filson s From: larson k Sent: Tuesd-~y, November 30, 1999 11:53 AM To: filson s Subject: GGC~_, Advisory Board Sue, Good afternoon, I hope that you had a nice and peaceful Thanksgiving. I'm sorry that I did not contact you sooner, but, at November's GGCC Advisory Board meeting on 11/1/99 the board voted unanimously to recommend Vicki Clavelo to serve another term on The Golden Gate Community Center Advisory Board. I know that this will need'to be placed on the BCC agenda. We still have another spot open. Ernie Bretzmann does not have enough time for the board and will not apply again. Please contact me if you have any questions. Thankyou, Keith Page 1 AGEND E Golden Gate Name Community Center Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ernie Bretzrnann 2284 50th Terrace, S.W. Naples, FL 34116 District: 3 Category: Chervle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Glenn E. Wilt 5019 31st Avenue. S.W. Naples, FL 34116 District: 3 Category: Tom Henning 2151 42nd Terrace, S.W. Naples. FL 34116 District: 3 Category: Vicki A. Clavelo 3610 21st .&ven~,e, S.W Napl~:s. FL 34117 District: 3 Categoo. ': 455-3496 01/20/98 12/31/99 2 Years 12/03/96 12/31/98 2 Years 353-7969 1/26/99 12/31/01 2 Years 353~844 01/26/99 12/31/01 2 Years 01:07/97 12/31/98 2 Years 4fi5-9448 1/26/99 12/31/01 2 Years 455-1475 06/08/99 12/31/99 6 months This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing District. Terms are 2 years. FL STAT: 125.01 Staff: Maria Ramsey: 353-0404 Page Ai..~.NDA rrEM - ~ NO. · 1999 J i DATE: TO: FROM: November 1, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assist~t~~ Board of County Commissioners Voter Registration - Advisory Board Appointments MEMORANDUM The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below' are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG COMMUNITY CENTER ADV COMM COMMISSION DISTRICT Vicki A. Clavelo 3610 21s' Avenue, S.W. Naples. FL 34117 That& you lbr 3'our help. MEMORANDUM DATE: TO: FROM: November 1, 1999 Marla Ramsey, Parks and Recreation D/~ec~r Sue Filson, Administrative Assis_tanr-,4r Board of County CommissionersX,~/ Golden Gate Community Center 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 conaideration. I have attached the resumes received for your review as follows: Vicki A. Clavelo 3610 21s' Avenue. S.W. Naples. FL 34117 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 3610 - 21st Avenue, $. W. Naples, FL 34117 October 19, 1999 ~ard of Count,./ Ccm,,~ss!oners Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 3411;]-4977 RE: Golden Gate Community Center Advisory Board Dear Ms. Filson: Enclosed please find my resume for consideration for reappointment to the Golden Gate Community Center Advisory Board. Thonk you. Sincerely, Vicki A. ¢lavelo /vac Enclosure A~A ITEM Vicki A. Clovelo 3610 - 21st Avenue, S. W. Naples, FL 34117 (941) 455-1475 EDUCATION: EMPLOYMENT: O~GAN'[ZATION,.5: REFERENCES: Hioleah Senior High School, Hioleoh, Florida Vicki's Secretarial Services: :!988 - Present Coastland Building Corp.~Camelot Homes: 1984 - 88 Metro-Dada County Fire Department: 1970 - 84 Naples Fishing Club 1997 - Present (Board Member/Newsletter) The Conservancy of Southwest Florida 1997 - Present Golden Gate Community Center Advisory Board 1994 - Present Golden Gate Woman's Club 1992 - Present (Treasurer) Golden Gate Estates Civic Association Golden Gate Area Civic Association Golden Gate Area Chamber of Commerce 1988 - Present (Charter Member) Beta Sigma Phi .Sorority: 1973 - Present Emergency Medical Services Advisory Council 1991 - 94 Golden Gate Business Association 1988 - 89 bade County Fireman's Benevolent Association 1977 - 82 . Available on Request I OBJECTIVE: To appoint 3 members; 1 representing Commission District 1 expiring on August 10, 2002; 1 to fulfill the remainder of a vacant term representing Commission District 3 expiring on August 10, 2000; and, 1 representing Commission District 5 expiring on August 10, 2002 on the Emergency Medical Services Advisory Council. And to confirm the appointments nominated by Naples Community Hospital, Collier County Sheriff's Office, City of Naples, and the Collier County Health Dei~artment as provided for in EMSAC'S By Laws. CONSIDERATIONS: This 11 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. Two press releases were issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. David A. Gehring Commission District 3 yes none Michael J. Cavoto Commission District 4 yes none Jane Andel Commission District 3 yes none Fay R. Biles (re-appt) Commission District 1 yes EMSAC/UA/Rural Fringe Kathryn M. Godfrey Commission District 5 yes Code Enl. CONFIRMATIONS Sheldon Reed Regina Hoffman Gary Young Gail Dolan City of Naples Health Department Sheriff's Department Naples Community Hospital COMMITTEE RECOMMENDATION: No Quorum but suggested: District 1 District 2 District 3 District 5 Fay R. Biles - reappointment No applicants applied - re-advertised Jane Andel Kathryn M. Godfrey August 10, 2002 August 10, 2002 August 10, 2000 August 10, 2002 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members to EMSAC and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 14, 1999 /___ 11/29/99 09:54 9417754454 CCEMS ~]01 TO: FROM: DATE:- REF: MEMORANDUM Sue Filson, Administrative Assistant Diane B. Flagg, Chief Emergency Services Department November 15, 1999 EMS Advisory Council NOV £ 9 199 Count ~ Thanks so much for your continued expertise with the EMS Advisory Council. The Advisory Board has met but with the number of vacant positions has been unable to achieve a q~:.orum However, the members present have recommended the following individuals for appointment to the Board. District #1 -- Dr. Fay R. Biles District #3 -- lane Andel Dr. Fay Biles was selected based upon her knowledge of the community and her extensive experience. Jane Andel was selected for her interest and involvement with numerous cornmunity groups. Additionally, the City of Naples has requested re-appointment of Sheldon Reed and the Health Dep~.rtment has requested the appointment of Regina Hoffman. Mr. Gary Young the SherifF's Department representative and Ms. C-ail Dolan, the Naples Community Hospital representative, have indicated verbally that they will continue as their agency's representative. Please advise, if you require any additional information and thanks again! AGENDA NO. MEMORANDUM DATE: TO: FROM: November 1, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assist~t~ Board of County Commissioners C,O' L'''~" ~ar~ o'F Coun-i:, Ccmqi$.~-fcne.,.? 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. EMSAC COMMISSION DISTRICT Kathryn M. Godfrey 530 18'h Avenue, N.E. Naples, FL 34120 Thank you for your help. Emergency Medical Services Advisory Council Name Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 District: 1 Category: At-Large Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 11/01/94 08/31/97 3 Years 793-0933 9/23/97 8/31/00 3 Years George T. Lemon 7024 Trail Boulevard Naples, FL 34108 District: 2 Category: At-Large 263-7002 09/23/97 08/31/00 - 3 Years Fay R. Biles 1588 Heights Court Marco Island, FL 34145 District: 1 Category: Commission District 394-3O89 09/17/96 08/31/99 3 Years Michael F.X. Geraghty 935 High Point Drive Naples, FL 34103 District: 4 Category: Commission District 261-3756 09/15/98 08/31/01 3 Years This 11 member committee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. FL STA T: Staff: Diane Flagg, Emergency Medical Services Director: 774-8459 Wednesday, September 16, 1998 Page 2 of 2 F_C 1 q 1999 pg. 11/08/99 15:34 F.~ 9417754454 CCEMS ~01 RECEIVED ~o.f Naples NOV 0 ~J lgg~ POLICE AND EMERGENC'~ ~ERVICES.DEPA. RTMEN,.T.,, TO: SUE FILSON, COLLIER COUNTY COMMISSIONERS FROM: KEVIN J. RAMBOSK, CHIEF SUBJECT: EMSAC APPOINTMENT DATE: OCTOBER 29, 1999 Please accept this letter re-appointing Commander Sheldon Reed as the City of Naples representative to the Emergency Medical Services Advisory Council. If any further dccuments are required please notify my office at 434-4853. Kevin J. Rambosk AGENDA ITEM NO. MEMORANDUM RECEIVED SEP 0 9 1999 DATE: September 7, 1999 TO: Vinell Hills, Elections Office .. f');.~ bard of C0uary Commissioners FROM: Sue Filson, Administrative Assista~],,," ~ . Board of C0unty Commissioners ,,cj.,. - · 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. EMSAC COMMISSION DISTRICT David A. Gehring 10742 Henry Court Naples, FL 34109 Michael J. Cavoto 400 Neapolitan Way Naples, FL 34103 Jane Andel 835 New Waterford Drive, #204 Naples, FL 34104 Fay R. Biles 1588 Heights Court Marco Island, FL 34145 Thank you for your help. E"'S.,_- I 1999 pg. (z~ ._ AGENDA ITEM~ ~EC 1 z~ 1999 MEMORANDUM DATE: TO: FROM: November 1, 1999 Diane Flagg, Emergency Medical Se~i~irector Sue Filson, Administrative Assist~t fl///~[ · Board of County Commissioners ~' ~ Emergency Medical Services Advisory Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kathryn M. Godfrey 530 18th Avenue, N.E. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ;94143659~0 130 18th Ave NE [ xi;on Ct; ,,., h,ll,,,Ihi,i,,, h,i,,,I.hl,,Ih,,.ll,,h,,I.I,hl,,,Ihl,l,I Ms. F. athrymM. Godfrey 530 18th. Avenue N.E. Naples, Florida 34120 (941) 348-9645 - Pager 591-9608 (w) 436-5151 Born: Wichita, Kansas August 24th, 1948 Martial Status: Engaged Education: Private Schools until Senior Year. Graduated Wichita High West. I.B.M. Courses- Electrical Engineering (minor) Wake Tech. Community Coll. MS-DOS, Lotus 1-2-3, Typing. Employment: 1972 Legal Secretary & Receptionist. 1972 - 1976 New York Underground Facilities. Max. Security Records Facility· Personal Aid to CEO/President 1977 - 1978 Temp. Employee I.B.M. Corporation, Purchasing Dept. 1978 - 1994 Perm. Employee I.B.M. Coproration, M.D.C. Security. 1994 - 1998 Retired to Naples· 1998 - Present time. Naples Community Rospital Emergency Room. 2nd. Shift. Community Activities: Naplem Community Hosp. Aux. February - July hired on, 1998. Coder. Enforcement Board South - Sunshined February 12th. 1999 Radio Road Beautification Comm. Resigned August home sold. No longer in district. On various Committees in the Community. %ecreation: Raise Orchids, Gardening, Boating, Art, sculpting, Cooking, Fishing. NO. ,/A--'2 ~ C,?.C 1 1999 Pg... /'~ RECEIVED AU$ 3 1 1999 10742 Henry Court Of C0unt3 C0am}$$~0~Naples, Florida 34109 August 28, 1999 Dear Ms. Filson, I wish to apply as a volunteer for the Emergency Medical Services Advisory Council. I am a retired physician who has had experience with emergencymedical services as a director of a paramedical unit in N.J. and as an advisor to the N.J. Commissioner of Health. Since I am not yet well known in the area I have taken the liberty of inclosing copies of various papers which will support my past activities. Sincerely, David A. Gehring,M.D.,FACC,FACP NO. /r© lc P~. ,/~ MEMORANDUM DATE: TO: FROM: September 7, 1999 Diane Flagg, Emergency Medical S~ervic~ctor Sue Filson, Administrative Assistanr~.~ ~ Board of c6Unty Commissioners >~__.J. I ' EMSAC 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: David A. Gehring 10742 Henry Court Naples, FL 34109 Michael J. Cavoto 400 Neapolitan Way Naples, FL 34103 Jane Andel 835 New Waterford Drive, #204 Naples, FL 34104 Fay R.. Biles 1588 Heights Court Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments i~oOENDA ~ v ;o sw/ o in Medicine and Healthcare" Edition · 000 00t A'eompe?io,~ volume tH WHO'S WHO IN AMERICA, published since 1899 by America'~ leaden9 biographical pubNsher MARQUIS WHO'S WHO Chanlon Road · P.O. Box 12 · New Providence NJ 07974-0012 Phon~: 1-800~21~669 ~xt. 7005 Out~idc U.S.: 1~08~64~800 Fax: 1~08-771-8645 E-mail: hcalthcarcOrenp.com -~)f reproduces y~r biographical sketch as it currently appears on our database. Our editors arc IlOW data for consideration I'or inclusion iu thc Millennium Edition of WHO'S WHO IN MEDICINE .ALTHCARE. PLEASE check your sketch carefully I'or accuracy and timclincs~ o1' contcnt~. YOU NEED TO MAKE CORRECTIONS OR ADDITIONS, please prim or lype lhcm th~ blank area to the right of Ibc text. Be sure to spell out all abbreviations. NO CORRECTIONS OR ADDITIONS ARE NEEDED, simply write "no change" in the ank area to the right of the text, GN FORM TO VERIFY THE SKETCH, INCLUDING ANY CHANGES, ADDITIONS OR DELETIONS; ~TURN IN THE ENCLOSED ENVELOPE. NOTE CHANGE OF ADDRESS IN THIS BOX. *HC03CAA1--0649750704 UPDATE REQUEST CAA1 06J David Austin Gehring 10742 HenrY Ct Naples, FL 34109 Submission of Ibis form by the individual under consideration inclusion constilutes permission to Marquis Who's Who Io publis the informalion in print, electronic database, or Other form. Th~ editors reserve the right to selec! appropriale malerial consister wilh Marquis Who's Who style, standards, and limitalions pi spa~ In the event of errors in Ihe publicaiion, the sole respoflsibilit) Marquis Who's Who will be to correct such errors in a succee¢ edition of the publication. Such correction is in lieu pi any remedy. Marquis Who's Who expressly disclaims all other liabi for loss ar incidental ~r consequential damage whelher urising negligence, cafllrac! or other cause to any parly lot errors in publishing. Signature Date OFFICE 06497507/N/308/300/ / 1930/M/P ......... lA ONLY © Copyright 1999. All rights reserved. Marquis Who's Who. 310 PlO 130 160 0 N-O Underlined information will not appear in the published biography. GEHRING, DAVID AUSTIN, physician, administrator, cardiologist; b. Bryn Mawr, Pa., Dec. 6, 1930; s. Harry Rittenhouse anO Anne Gardiner (Bozarth) G.; m. Joan Helen Lotz, June 7, 1953 (div. Aug. 1982); children: David, Paul, Peter, Sue, Barbara, Eric; m. Victoria Marie Damiano, Sept. 2, 1982; Children: Theresa, Judy Lynne, Michael Austin. BA magna cum laude, U. Pitts., 1952, MD, 1956. Diplomate Am. Bd. Internal Medicine; cert. geriatric medicine. Commd. USN, 1956, advanced through grades to lt. comdr.; intern, tmen resiOent in internal medicine U.S. Naval Hosp. USN, Phila., 1956-60, mem. staff internal medicine U.S. Naval Hoso.. 1960-61; chiPf internal medicine heart sta. U.S. Naval HOSp. USN, Annapolis, Md., 1961-63; resigned USN, 1963; cardiologist K.G.E. Med. Group, WooODury, N.J., 1963-82; cardiologist, pres. HODDS Cardiology, P.A., Hobbs, N.Mex., 1982-86; med. dir. Polk (Pa.) Ctr., 1986-91; physician, chief grade VA Med. Ctr., Coatesville, Pa., 1991-97, assoc. chief of staff for ambulatory care, 1993-96, chief med. svc., 1995-96, chief primary care and chief of staff, 1995-96, chief of staff, 1995-96, cardiologist, 1996-97; assoc, med. (continued on reverse) Please indicate exact placement of corrections and additions to your sketch by use of lines or arrows. DO NOT retype the entire sketch. Additions are included only when appropriate to Marquis style. A ZNOA ITEM- DEC it 1999 CHANGE See enclosed reservation form offering biographee discounts. NO=CHANO] *HCD3CAA1--06497S0711 *HCO3CAA1--O64f1750702 *HCO3CAA1--064975070 *HC03CAA1--0649750710 *HCO3CAA1--0649750703 ,HC03CAA1--06497S070 in Medicine and Healthcare' 3rd Edition · A companion volume to WHO'S WX0 IN AMERICA. published since 1899 by America's leading b~0graphical publisher MARQUIS WHO'S WHO 21 Chanlon Road · P.O. Box 12 · New Providence NJ 07974-0012 Pb~mc: 1-800-~21'-g669 ext. 7005 Outsid~ U.S.: 1~08~64~800 -~ Fax: 1~08-77l-S645 E-mail: h~ ,IthcarcOrcnp.com ~, f reproduces your biographical ~kctch ~s it currently appears on our database. Our cditor~ ~rc ilOW ~da,...e data for otnsidcratlon'lor inclusion in thc MillcnnimnEdition pi* WHO'S WHO IN MEDICINE ~D HEALTHCARE. PLEASE check your sketch carclully for accuracy and ti~nclincss pt' c~mtcnts. ~F YOU NEED TO MAKE CORRECTIONS OR ADDITIONS, please print or type [hem n thc blank area to thc ri~ht of thc text. Be sure to spell out all abbreviations. [F NO CORRE~IONS OR ADDITIONS ARE NEEDED, simply write "no change" in thc Jlauk area to thc right of thc text. ~IGN FORM TO VERIFY THE SKETCH, INCLUDING ANY CHANGES, ADDITIONS OR DELETIONS; ~ETURN IN THE ENCLOSED ENVELOPE. NOTE CHANGE OF ADDRESS IN THIS BOX. · 2 000 - 00t *HC03CAA1--0649750704 UPDATE REQUEST CAA1 O6 David Austin Gehring Submission ol Ibis Iorm by Ihe individual under consideraliOn inclusion constitutes permission to Marquis Who's Who Io pubh Ihe inlormalion in print, electronic dalabase, or other Iorm. T edilors reserve the right to selecl appropriate material cOnSiSh wilh Marquis Who's Who style, standards, and limHations ol sp In the evenl of errors ~n the publication, the sole responslbili Marquis Who's Who will be to correct such errors in a succe~ edilion ol the publication. Such correction is in lieu ol any remedy. Marquis Who's Who~xptessly disclaims all olher [or loss or incidental or consequential damage whether arising negligence, Conlrac! or olher cause to any party Ior errors in publishing. P.3 Signature Date OFFICE ONLY · 06497507.1N/R~FI,I,qOO,I ./19~O./M/P ......... /A Underlined information will not appear in the published biography. articles to profl, jours. Project dir. 23 Greater Del. Valley Reg. Med. Prog., Pa., 1971-75; mem. ACLS Inst. and affiliated faculty Pa. Heart Assn., lg86-gs, hd. dirs. N.W. cnpt. 1988-90, Inst. Christianna Hosp., Del., 1998-99; hd. dirs. adv. com., chmn. personnel com. med. health, rehab., drugs and alcohol Venango County, Franklin, Pa., 1986-90, pres., 1988-89; mem. Health Care Adv. Com. to Congressman William F. Clinger, Jr., 23d Dist., Pa., 1989-91; lector St. Joseph Ch., Oil City, 1987-91, eucharistic min.. 1990-92; eucharistic min. St. Joseph Ch., 5wedesDoro, N.J., 1992-93, Sacred Heart Ch., Mt. Ephraim, N.J., 1994-99, lector, 1998-99. Lt. col. USAR, 1983-90. ReciDient Outstanding Syn. ~w~rd Am. Cancer Soc. N.J., 1967, Benjamin Berkowitz awarQ N.J. Heart Assn., 1975, Nat. Def. Svc. meQal, 1975, USAR Components Achievement me~a], 1988, Letter of Commendation USAR, 1988, 90, Pres.'s medal of Merit, Rep. Task Force, lg84Letter of Commendation Sec. of Vets. Affairs, 1994; Cert. of Appreciatlon, Sec. of State N.Mex., 1982, Venango County Commrs., 19B7, 88, 89, go, Polk Ctr. awarQ of Merit, 1991, Spl. ContDn. award and Mgr. of Yr. award VA~C Coatesville, lg96. Fellow ACP (life, Recognition awards 1967-70), Am. Coll. Cardiology, Am. Coll. Chest Physicians, (continued on reverse) CHANGE O See enclosed reservation form offering biographee discounts. Copyright 1999. Ail rights rescrved. Marquis Who's Who. Please indicate exact placement of corrections and additions to your sketch by use of lines or arrows. DO NOT retype the entire sketch. Additions are included only when appropriate to Marquis style. 1999 ! NO~HAN~ *HC03CAA1--0649750704 UPDATE REQUEST CAA1 David Austin Gehring P.2 06497507/N/308/300/ / 1.qRo/u/P ......... lA dlr. for correctional med. svcs. South Jersey, 1997-98; site med. dir. South Woodstate Prison, 1997-98; clin. dir. Del. HOSP. Chronically Ill, 1998u; clin. air. long term care pub. health dlvsn. State of Del., 1998-99; clin. dir. Del. Hosp. for Cronically Ill, Symrna, 1998-99; t~sting cardiologist Anthropometrics United Med. Group, Cherry Hill, N.J., 1974-82; clin. asst. prof. medicine Temple U. Hosp., Phila., 1975-82; adj. asst. prof. medicine Jefferson Meml. Co11., Phila., 1981-82; chief cardiac rehaD, unit Lea Regional Hosp., Hobbs, 1982-86; chief med. svcs. 829th Sta. Hosp. USAR, Lubbock, Tex., 1984-86; cons. cardiology 0il City, Pa., 1986-91; staff Franklin (Pa.) Regional Med. Ctr., 1986-90, 011 City Area Health Ctr., 1986-91; teaching staff St. Joseph Hosp., Lancaster, Pa., 1991-97; clin. preceptor U. Pa. $Ch. Nursing, 1993-96: cons. Southeastern Vets. Ctr., Spring City, Pa., 1997-98, Providence Med. Ctr., Media, Pa., 1997-98, others; assoc. med. air. Correctional Med. Svcs. for South Jersey, 1997-98; mem. adult protective svcs. adv. court. State of Del., 1998-99; chair pharmacy and therapeutics com. Dept. of Health and Social Svcs., State of Del., 1998-99; cons. in field. Author: EKG Workbook, 1972, EKG Workbook I, 1978; contbr. (continued) 06497507 NO. ~ 1 1999 Page New Clinical Director Named DHCI is welcoming a new member to our professional team, Dr. David A. Gehring, M.D. Dr. Gehring is our new Clinical Director. He is married and has six children. He and his wife, Victoria, live in Woodbury, New Jersey. Dr. Gehring graduated from the University of Pittsburgh school of Medicine; had specialty training in Internal Medicine and Cardiology at the Naval Hospital in Philadelphia. He had the pleasure of serving at the U.S. Naval Hospital, Annapolis, Maryland, later resigning from active Naval service to pursue a career in civilian practice, practicing as an Internist Cardiologist and Geriatrician for many years in the Woodbury area. He was recruited to set up a Cardiac Rehab unit at the Lea Regional hospital, Hobbs, New Mexico and the family lived in New Mexico for about four years. During that time, he joined an Army reserve unit; achieved the' rank of Lieutenant Colonel, and was Chief of Medicine of the 829th station hospital in Lubbock, Texas. Subsequently, in January 1986, Dr. Gehring as a subcontractor with Liberty Healthcare Corporation became the Medical Director at Polk center, a Pennsylvania hospital for the Mentally Retarded and Developmentally Disabled. Dr. Gehring served with distinction for five years at Polk and received the award of Merit for outstanding service from the Depa~i,,ent of Public Welfare.. From 1991 - 1997, Dr. Gehring was with the VA Hospital at Coatesville, Pennsylvania. His duties included Medical Director of the nursing home, Associate Chief of Staff for Ambulatory Care and Primary Care, Chief of Medicine and subsequently acting Chief of Staff. While serving with the VA he was manager of the year in 1996 and received a letter of appreciation from the Secretary of Veterans Affairs, Jessie Brown. Dr. Gehring chose to retire from government service to rejoin Liberty Healthcare, which has brought him to DHCI as Clinical Director. Dr. Gehring is certified by the American Board of Internal Medicine and added qualifications in Geriatrics. He is a fellow of the American college of Cardiology and a fellow of the American College of Physicians. He has ree__e;ved awards for outstanding service from the American Cancer Society and from the New Jersey Heart Association. In the past he had teaching appointments at the Temple University Hospital and at the Jefferson Medical College. While serving as Medical Director at Polk Center, he was an advocate for residents and clients with Mental Retardation and Developmental Disabilities. He served as an active member of the Venango county Mental Health, Mental Retardation, Drug and Alcohol Administration being a president of the advisory board. He has been proactive in the rights of residents and patients. Other organizations include: The American Geriatric Society, The American Medical Association and the Pennsylvania Medical Society. In addition, to his duties as Clinical Director he will serve as chairperson for the P & T committee for the Division of Public Health and Social Services. He will also be serving as the Department of Public Health counsel representative on the Adult Protective services advisory council for the State of Delaware. His biographical record is recorded in Who's Who in America for the years 1992 - 1998. Dr. Gehring's task is to provide excellent medical services here at DHCI. DHCI welcomes Dr. Gerhing, and we hope you get a chance to meet the newest member of our DHCI team. His avocations include reading, particularly American history, stamp collecting and classical music, especially opera. Dr. Gehring presently serves as Eucharistic Minister at his local church and his favorite charity is Food for the Poor. I *HC03CAA1--0649750704 UPDATE REQUEST CAA1 0649?50? David Austin Gehring P.4/ 064~.7507/N,/308/300/ / 1930/M/P ......... /A 010 Coll. Physicians of Phila., Am. Coll. Clin. Pharmacology; mem. AMA, Am. Geriatrics Soc., St. JuOe Soc., HOly Name $oc., Assn. Miraculous ~eOal (promoter 1987--), Venango County MeO. Soc. (pres. 1989-91), Assn. Mil. Surgeons, Am. Co11. Physician Execs., Am. Legion. Democrat. Roman Catholic. Avocations: stamp collecting, reaOing, walking, swimming, opera, Home: 10742 Henry Ct Naples FL 34109 (941) 593-0232 Office: 865 W Re~ Bank Ave WooODury NJ 08096-4095 (609) 848-0074 Please. spell out LTC in CAR section Bn~ 5,.$. in CRE section. 1999 Attachment Staff Appointments D. A. GEHRING, M.D., FACC, FACP March 27, 1995 U.S. Naval Hospital, Philadelphia, PA 1956-1960 Staff, U.S. Naval Hospital, Philadelphia, PA 1956-1961 Staff, U.S. Naval Hospital, Annapolis, MD 1961-1963 Attending in Internal Medicine & Cardiology, Underwood Memorial Hospital, Woodbury, NJ 1963-1982 Clinical Assistant Professor of Medicine Temple University Hospital, Philadelphia, PA 1975-1982 Adjunctive Assistant Professor of Medicine Jefferson Memorial Medical College, Philadelphia, PA 1981-1982 Chief Cardiac Rehab Unit, Lee Regional Hospital, Hobbs, New Mexico 1982-1986 Chief Medical Services, 829th Station Hospital, USAR, Lovic, TX 1984-1986 Consulting Cardiologist Oil City Area Health Center, Oil City, PA 1986-1991 Medical Staff Franklin PA Regional Medical Center 1986-1991 Medical/Eh'rector & Attendee Polk Center 1986-1991 Internal Medicine & Cardiology Walson Army Community Hospital 1990-1992 Staff VA Medical Center Coatesville, PA 1991-Present Ill I D£C 1 1999 pg. Pelawere ~'~ealth and Social Services Division of Public Health Delaware Hospital for the Chronically III FAMILY NEWSLETTER for Residents' Family and Friends Published bi-annually Volume 3, No. 1, February, News from the Director b! Arnold Morris, Director DHCI has recently provided a Customer Service Survey to our residents and their families or guardians to complete. This survey will help us in our efforts to provide the best possible care for your loved ones. We have always been eager to hear from families about things we can do better or have done well. This survey is an effort to obtain this vital feedback in a more systematic manner. Surveys will be conducted twice a year to ensure that all ~residents and/or families have the opportunity to voice their 'nions, suggestions and concerns. Your cooperation in xing the time to complete this survey is very important to us, so if you have not completed your survey, please take the time to do so now. While this survey is important it is just one of, hopefully, many ways you can and will ~nununicate with us about your loved one. Look for results from these surveys in future Newsletters. I look forward to receiving your comments. Our interest is to continuously strive to provide the best possible care and your input is critical. Many of our other volunteer groups work alongside the Activity Therapy Deparhnent to provide programs- especially nights and weekends--for residents to enjoy. Many religious groups provide regularly scheduled church services, Bible Study, and even church suppers for residents. These volunteers help the activity staff and pastoral care expand the quantity and variety of programs we are able to offer. Volunteers Enhance Activities by Marie F'daudm, Activity Pro~ram Coordinator D.H.C.I. is truly fortunate to have an extremely large number of volunteers interacting with our residents. The volun!eer program is coordinated by June Katz, who provides orientation, training,and supervision for the Arnie Some volunteers share their own hobbies and expertise ...and enable residents to pursue old bobbies and develop new interests. Two examples are the Master Gardeners of Kent County, who have been working on the handicapped-accessible gardens with residents for many years, and our pet therapy program which brings residents back togethex with dogs, cats and other pets. (continued on page 3) Upcomin Events ~ Women's Auxiliary, which has been in existence over ty years, operates our Gift Shop, pl _. residents' behalf, and helps with a and projects. xi e Mo.f.,P. r.P.L .~ -~~C-~ Vomen's Auxiliary Fundraiser Wednesday, April 8, 10 a.m.-3 p.m., Auditorium Flowers, crafts, white elephant itenm, food Proceeds benefit residents amilies Day Saturday, June 13 ~tary Horse Show Saturday, September 12 David A. Oehring, M.D., FACP, FACC OUTSTANDING ACCOMPLISHHENTS: NEW JERSEY - continued Page 2 President and Chairman of the Board of the Tri-County Chapter, New Jersey Af£iliate, American Heart Association. 1971 - 1978. a. Improved cardiac care in New Jersey by training over 2,000 people in CPR and in Advanced Cardiac Life Support. b. Helped establish CPR training in high schools. c. Generated medical, nursing and lay education programs in Cardiovascular Diseases through seminars and courses. d. Directed fund raising activities and community education projects. e. Appeared on radio and television for public education covering issues such as hypertension, CPR, and cardiac rehabilitation. a® President of Medical Staff at Underwood Memorial Hospital, 1976 - 1978. Hospital Board of Trustees voting member 1975 - 1980. Board of Managers physician member 1976 - 1978. Most successful in integrating programs between administration and medical-dental staff. Coordinated hospital programs with various state agencies. Established peer review in Department of Medicine. Assisted the President of Underwood Memorial Hospital with the interpretation of medical policies, problems and plans between the hospital staff and the Governing Board. Hospital spokesman Regional Medical Programs. Instrumental in obtaining Hospital Bond approval in New York, New York. Declined third term as President of Medical Staff. Director of Intensive Care and Coronary Care Units at Underwood Memorial Hospital, 1967 - 1982. a. Planned the initial 8 bed Unit and later the new 19 bed Unit. b. Supervised and assisted with the design and equipment. c. Developed the staffing and nursing plans. d. Cardiac arrest survival increased from 10% to 55%. David A. Gehring, HoDo, FACP, FACC OUTSTANDING ACCOMPLISHMENTS NEW JERSEY 1967 - 1 Director and Associate Director of Medtcal Education at Underwood Hemortal Hospital, Woodbury, New Jersey. 1969 - 1982. a. Established Sophomore Mini-clerkship in medicine at Jefferson Medical College. Established senior elective in medicine with Temple Medical School. c. Expanded residency affiliation in urology and surgery from Graduate Hospital at University of Pennsylvania. d. Supervised the development of family practice residency program. e. Developed physician, registered nurse, and paramedic training programs. f. Obtained American Medical Association approval in continuing medical education for Underwood Memorial Hospital and arranged 10 one-hour programs per month. g. Initiated CPR training and lay community education in Gloucester County, New Jersey, serving an area of 120,000 population. D/rector of Federal Project #23, Coronary Care Training, South Jersey for the Greater Delaware Valley Regional Medical Program, 1971 - 1975 a. Transferred training program to Underwood Memorial Hospital in 1975. 1975 - 1982. b. Directed and taught 50 four-week courses to over 1,000 physicians, nurses and paramedics. c. Published 2 EKG workbooks used extensively throughout New Jersey. Advisory Committee to Commissioner of Health for paramedics, 1974-1982. Helped organize 8 Mobile Intensive Care Units in New Jersey. Director of the Mobile Intensive Care Units at Underwood Memorial Hospital, Woodbury, New Jersey. 1976 - 1982. Cardiac survival race increased from 5% to 40%. c. Major contributor in curriculum, criteria for selection of candidates, and training programs in the state of New Jersey. Cardiologist at Anthropometrics United Medical Corporation, 1974 - 1982. a. Supervised Cardiac Rehabilitation programs. b. Drug investigator for antianginal and antiarrhythmic drugs approved by PACT. pg., David Ao Gehring, H.D., FACP, FACC OI~STANDING ACCOHPL~'SIIHENTS PENNSYLVANIA 1986- 1990 Hedical Director of Polk Center - 895 Bed ICF/HRwtth 1300 employees. 1986 to present. Total budget: 45 million dollars. a. Directs the Medical Department which includes Medical, Dentistry, Podiatry, X-ray, Laboratory, and Pharmacy with a budget of 2 million dollars. b. Contract management of consultants and allied services. c. Eliminated outstanding Medical deficiencies. d. Active recruiter for the Center. e. Supervises and directs employee health services. f. Chairperson, Behavior Management Review Committee. g. Consultant to the Personnel Department for Medical/Personnel problems. ' h. Supervises quality review for Medical Services. i. Provides direction to Nursing, Occupational Therapy, and Physical Therapy services. J. Active member of Executive and Finance Committees. k. Advocate for excellent client care by testifying before KEPRO and other legal bodies. 1. Establishes rapport with four (4) neighboring hospitals in order to ensure excellence of care for our clients. Utilization Review Physician a. Serves as Review physician for Western Center, Canonsburg, PA - 470 medical cases. b. Review physician for Oil City Area Health Center, Oil City, PA. Chairperson, NH/MR Drug and Alcohol Advisory Committee to Commissioners of Venango County. a. Member since 1986 and chairperson since October 1988. b. Received Certificate of Appreciation, 1987, 1988, and 1989, from Commissioners. c. Provides guidance to various health agencies of the County. AGENDA _rrEM~ NO../'_~' ~ David A. Gehriug, M.D., FACP, FACC ODTSTANDING ACCOHPLIStlMENTS NEW~CO AND TEXAS 1982 - 1985 o Established and directed a pilot Cardiac Rehabilitation Unit at Lea Regional Hospital, Hobbs, New Hexico. a. Second such unit in the State of New Mexico. b. Capable. of serving a population of 100,000. c. Obtained insurance reimbursement of costs. d. Developed quality monitoring of project. Chief of Professional Services and Medical Services at 829th Station Hospital, Lubbock, Texas. a. Developed plans and staffing for increased bed capacity from 300 to 500 beds. b. Active Hospital Commander at Fort Levenworth, Kansas - July, 1984. c. Supervised and instructed medical students from Texas Tech in medical and physical diagnoses. d. Completed 145 credit hours of Administrative Correspondent Courses with average grade of 94%. President of Lea County Division, New Mexico Affiliate, American Heart Association - 1983 to 1985. a. Implemented "Caring and Sharing" programs for lay cardiac education. b. Organized first profit making Heart Ball in the State of New Mexico. c. Successful industrial fund raiser involving 33 corporations. d. Conducted and supervised six Cardiac Life Support courses in Southeast New Mexico. 4. Drug Industry and Research a. Conducted clinical office evaluation of antihypertensive and antiarrhythmic drugs. b. Taught updating seminars for Merck Sharp and Dohme Pharmaceutical on new cardiovascular drugs. Recruited physician and nursing support for Bachelor Degree ~ursing Program for the College of the Southwest, Hobbs, New Mexico. me President-elect and Secretary/Treasurer of Lea County Medical Society. Evaluated physician applications for professional liability insurance in Lea County. Arranged monthly speakers in medical education/subjects of current interest. 7. Cardiology Consultant and Hedical Examiner for Social Secur Mexico and Veterans' Administration Hospital in E1 Paso, Te a. Monitored Cardiovascular Stress Testing and developed n protocol. b. Performed extensive Disability Determination examinatio~ .ty .n-c.v _.. i 1 1999 w t e~ ~i~ng AGENDA ITEM NO. /,c pg. David A. Cehring, M.D., FACP, FACC Page 2 OUTSTANDINC ACCOHPLISHMENTS: Pennsylvania - continued 4. A~erican Heart Association, Pennsylvania Affiliate. a. ACLS Instructor and ACLS Affiliate Faculty member. Teaches three (3) provider courses and 1 instructor course per year. b. Member, Pennsylvania Affiliate Board of Directors. c. President, Oil City-Franklin Division. d. Chairman of American Heart Association, Northwest District Advisory Committee. e. Active in Speakers Bureau and appearing on local T.V. f. Active in fund raising activities. 5. Attached to First U.S. Army Reserve Medical Units Ft. Meade, Maryland. a. Rank of Lt. Colonel - eligible for promotion to Colonel. b. Served on the Medical Services in the hospital at West Point and at Ft. Meade, providing expertise in cardiology and administrative medicine. c. Received Letter of Commendation for Medical Officer Recruitment. d. Received Army Reserve Components Achievement Medal. e. Provides consultation to Venango County Emergency Services. 6. Consultant to Liberty Healthcare Corporation. a. Provides input in Quality Assurance Programs. b. Provides lectures in cardiology. c. Medical consultant for Managed Health Care Programs. Member Health Care Advisory Committee for the 23rd Congressional District, Pennsylvania. a. Provides medical input to Congressman William F. Clinger, Jr. Member of Congress representing the 23rd District, Pennsylvania. b. Attended 1989 Pennsylvania Conference on Health Care - Meeting the Needs of a Rural Community. 8. Who's Who in America a. Biographical Record Recorded in WHO'S WHO IN THE EAST, 22nd Edition b. Biographical Record Recorded in WHO'S WHO IN FINANCE AND INDUSTRY, 26th Edition c. Nominated for WHO'S WHO IN THE WORLD, 10th Edition, 1991/1992 JEFFERSON MEDICAL COLLEGE of THOMAS JEFFERSON UNIVERSITY Department of Medicine April 8, 1981 Philadelphia, 19107 (215) 928-6946 David A. Gehring, M.D. Suite 21, Medical Arts Building West Red Bank Avenue Woodbury, NJ 08096 Dear David' I am pleased that the recommendation made by Dr. Brest for your appointment to the faculty of the Department of Medicine of the Jefferson Medical College of Thomas Jefferson University as Adjunct Assistant Professor of Medicine was approved by the Executive Council effective February l, 1981. I want to take this opportunity to welcome you. I hope and believe that you will find this to be a rewarding experience for you and for our institution. Sincerely yours, Frank D. Gray, Jr., M.D. Magee Professor of 5~edicine and Chairman of the Department FDG- er cc' Albert N. Brest, M.D. <o0 REPLY TO ATTENTION OF': AFKB-GC-CT-SB SUBJECT: Letter of Referral DEPARTMENT OF THE ARMY 829TH STATION HOSPITAL 4902 34TH STREET -- SPACE 37 LUBBOCK, TEXAS 79410 19 June 1985 TO ~'HOM IT MAY CONCERN I. Lieutenant Colonel David Austin Gehring accepted an appointment in the US Army Reserve on December 28, 1983. He has been a highly valued member of the 829th Station Hospital since that time and _has served in many varied capacities. His primary assignments were as follows: Internist December ].2, 1983 thru September 1, 1984 Chief of Service September 1, 1984 thru December 28, 1984 Chief of Medical Service December 28, 1984 thru Present 2. Duties in addition to those listed above and accomplished concurrently were: Acting Hospital Commander July 15, 1984 thru July 28, 1984 President, Safety Committee October 1, 1984 thru Present Chairman, Alcohol and Drug Abuse Advisory Board October 1, 1984 thru Present 3. L?C Gehring during his association with the 829th Station Hospital has assisted subordinates in reaching new levels of skills, knowledge, attitudes, and always stimulates professionalism. He clearly understands the purposes, objectives, practices and procedures of military medicine. LTC Gehring's "real world" experience adds a dimension of depth to his knowledge that can only be equaled by few in the military. 4. LTC David Gehring makes a favorable impression and easily gains acceptance by others. He develops a strong working rapport with others and exce!ls in obtaining enthusiastic commitments. I highly recommend and refer LTC Gehring for any position he might be seeking in his civilian professional area or in the military. WALLACE W. MARSH LTC, MC, USAR Commanding DEPARTMENT OF THE NAVY 1'7T1't .~TRE.,~r AND PAT~'t~ION AV£NU~' David A. gehring Medical Arts Complex #21/Lovington Highway P.O. Box 5610 t[obbs, New M exJtco 88241 6320 Set OlJ/ 258 0 NoV 1505 Dear Sir:, In reply to your letter dated 18 October 1985, the following information on the subject named member is forwarded: a. David A. Cehring was at this facility from 30 June 1956 to OI July 1957 .and again from O1 July 1957 to 15 September 1960.~ b. This member served has Internship and Iuternal Medicine Residency at this facility. c. Current legislation prohibits the retention of performance evaluations at this facility. You may request microfilm copies of evaluations (Fltnes~ Reports) by writing to the Co~uander, Navy Military Personnel Command, NbWC-323, Washington, D.C. 20372. A release form, signed by the subject must accompany your request. K. P. BURNS LCDR, NC, USN Head, Education and Training Department By direction of the Commanding Officer Hazr~ P,. Kimball, M.D. President John J. Norcini, Ph.D. Executive Vice President aior A.~x:iate to the President l. inda L Blank Vice President for Clinical Competence and Communications Susan C. Day, M.D. Vice President for General Internal Medicine Elizabeth A. Hopkins Director of Registration and Credential,~ Muriel Home -ector of Registration and Credentials Lynn O. Langdon, M. S. ce President for Sub~pecial/y Internal Medicine ~ienry F. Strozeski, M.B.A. Vke President for Bus[ness Administration, Personnel, ~,nd Operations American Board of Internal Medicine University City Science Center 3624 Market Street Philadelphia, Pennsylvania 19104-2675 (215)243-1500 (800)441-ABlM FAX (215)382-4702 July 18, 1994 Dr. David Austin Gehring V. A.MEDICAL CENTER Coatesville, PA 19320 Candidate Number: 020962 Dear Dr. Gehring: Congratulations! The Board is pleased to inform you that you passed the April 1994 Geriatric Medicine Examination. Your certificate will remain valid through the year 2004. Enclosed are data providing feedback on your performance on the examination and a manual which will help you interpret the test results. Your name has been submitted for listin$ as a Diplomate in the DIRECTORY OF CERTIFIED INTERNISTS. You will receive a form from th~-Amer~can Board of Medical Specialties, the publisher of the directory, soliciting information you wish in your listing. Information regarding your Diplomate certificate is enclosed. The Board wishes you continued success. Respectfully, Harry R. Kimball, M.D. HRK/dj Enclosures: Scores Report Description of the Scores Report THE SECRETARY OF VETERANS AFFAIRS WASHINGTON May 2, 1994 David A. Gehring, M,D. Department of Veterans Affairs Medical Center Black Horse Road Coatesville, PA 19320 Dear Dr. Gehring: A recent letter to me from Mr. James R. Aubrey, retired commandant of the Commonwealth of Pennsylvania's Department of Public Affairs, commended you for your help to the veterans of Southeastern Pennsylvania. I know that so many members of our VA family do outstanding work on behalf of veterans every day, but I am always pleased to hear of individual instances such as yours. I thank you for your work on behalf of my fellow veterans, and for "putting veterans first," .Congratulations! Sincerely, J'B/ec Jesse Brown DSC 1 1999 I~IECEIVED SEP 0 1 19~3 I)oard of County Commissioners C.~c£ C~ ¢ ' (? .o. ?~ ,, ~,EC 1 4 1999 NO. ~ DES 1 ~ 1999 JANE ANDEL 835 NEW WATERFORD DR 8204 NAPLES, FL 34104 941-352-0986 CAREER EX?E~CE Aclmini-~a-d~or Nursing Network of Naples, Naples FL Operations Of Home Health Care Agency Staff nurse NICU Health Park, Lee Memorial, Ft. Myers FL Dire~ Newborn Intensive Care-Relief 9/94.present 1/94-9/94 Manager- Nursery Naples Community Hospital, Naples FL 45 FTE Nursery & Postpartum Unit 6/93-I/94 Agency nurse Kokua Nurses. Honolulu~ HI Obstetrics & Critical Care 1/92-5/93 Manager-AICU Kapiolani Medical Center High Kisk Obstetrics 4/92-1/93 Sales & Marketing Genentech. So San Francisco, CA Acrivase-a Thrombolytic used in acute MI 1/87-9/91 Sales & Marketing PfizerLabs. New Yoric NY Feldene, Minipress & Procardia 1/85-I 1/87 Assr Pvofessor-Nursmg Soudawestem Michigan College, Dowagiac, :'VII Med-Surg, Legal Aspects & Clinicals 1/84-1/85 Staffnurse EDUCATION 1988 1982 I977 Saint Joseph's Medic, al Center, S. Bend, 12q Critical Care umts/Telemetry Andre~s Umversity, Berrien Springs, MI Masxm~ Of Science: Nursing Adminstrarion Saint Mary's College, Notre Dame, IN Bachelors Of Science: Nursing Ivy-Tech Northcentral, South Bend, IN Licensed Practical Nursing 5/78-1/84 magnaettualaude cum laude DEC I zl 1999 Hearffax Building ~Ut~ING -,~o Fifth Avenue South, Naples, Florida 34102 .of Naples (941) 649-7999 Fax: (941) 649-7918 AU$ i O 1,~99 Imarl ef h~y Fay R, Biles, Ph.D. President, FAVA Associates 1588 Heights Ct. Marco Island, FL 34145-6616 (941) 394 3089 Fax: same E-mail faybiles@mlcom P.01 June 21, I999 Mrs. Sue Filson, Administrative Assistant, Board of County Commission 3301. E. Tamiami Trail Naples, FL 34112 Dear Mrs. Filson: Recieved your letter advising me that 1 must reapply for membership to the Emergency Medical Services Advisory Council for a three )-ear term. Please consider this letter as my application to be reappointed to the EMS Advisor)' Council. Ilave enjoyed my membership on the Cmmcil a,d would like very much to conti,ue, ltaving three degrees iii health care sciences shows my interest in the health field at nil levels of care. I consider out' EMS Program as one of Collier County's greatest strengths. Have tried to make sure Marco Island knows about the Couuty's EMS program, it has been an honor to .~erve Collier Couuty by serving on advisory committees. It is one way citizens can play an active role to maintain oar cotinty as one of the be.~t places to live. Quality health and safety is a primary goal that I vahle. Would be happy to serve. Can provide a resu.me if that is needed. ~'~'~ (~'Sincerely, Fay R. Biles, Ph.D. ITEM DNORS American Collie Of Cardiovascular Nurses American Association Of Critical Nurses Kappa Gamma Pi-National Cafl~olicWomen's Honor Society Florida Gulf Coast University:. Nursing Honor Society 1998 South Bend Board Of Public Safety 1981 St. Joseph's Medical Center Ethics Committee 1983 American Red Cross CPR Instructor 1978-84, 1998 Lions Club International Speaker Chairman 1990-91 Fifth Ave So Association, Naples, FL Treasm'er 1998-99 Fifth Ave. So Association, Naples, FL-Board Of Directors 1996-98 Florida Gulf Coas~ University199%8 Masters Group Staff A~ion Committee, City Of Naples, 1997-Present 5th Ave. South Association Promotion/Events 8: Inteme~/Info Commitee 1998 Economic Development Council: City of Naples, 1998 American Board of Forensic Examiners:Life member and Diplomate Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Sheldon Reed 735 Eighth Street, South Naples, FL 34102 District: Category: City of Naples Roger Evans P.O. Box 428 Naples, FL 34106 District: Category: Health Department 434-4610 09/13/94 08/31/96 9/17/96 08/31/99 774-6200 09/28/93 08/31/96 9/17/96 08/31/99 Gary Young 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department 2 Years 3 Years 3 Years 3 Years 774-4434 09/17/96 08/31/99 3 Years 262-3131 01/13/98 08/31/99 08/31/99 09/17/96 04/16/96 08/31/97 9/23/97 08/31/00 06/20/95 08/31/96 9/17/96 08/31/99 Gail Dolan P.O. Box 413029 Naples, FL 34101 District: Category: Naples Communi~ Hospital Tim Smith ~ 1 ~'1 'T-a/~''~ ': ~ DuPont n ..uau ?.0. Bu,-'~670' 695-2500 r: ..... ~_a~. t"';,,, 12I District: 5 N ¥l,¢~ Category: Co~i~sion DisMct Michael A. Davis 6434777 6120 18th Avenue, S.W. Naples, FL ~ ~ District: 3 Catego~: Co~issi~n Dis~ct J. P. G~ther-Mo~ &~ 600 Gordonia Road fn ~ ~*U 8~7-8528 Naples, FL 34108 District: 2 Catego~: Commission Disffict 2 Years 3 Years I Year 3 Years 1 Year 3 Years J~/ednesday, September 16, 1998 Page I of 2 AGENDA ITEM NO. ?~'? ~ · 1 1999 pg. OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on June 25, 2003, on the Black Affairs Advisory Board. CONSIDEIL~,TIONS: This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of C o m~'c;, Commissioners. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR Gert) Moerz n'a 5 yes COMMIITEE RECOMMENDATION: Gerry Moore FISCAL IMPACT: NONE ADV. COMM. none GROV~TH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to the Black Affairs Advisory Board and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant B~ard of County Commissioners Agenda Date: DECEMBER 14, 1999 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Phil Tindall, Impact Fee Coordinator Community Development and Environmental Services December 1, 1999 Appointment of Ms. Gerry Moore to Black Affairs Advisory Board At their November 15, 1999 regular meeting, the Black Affairs Advisory Board unanimously voted (5-0) to recommend the appointment of Ms. Gerry Moore. Please prepare an executive summao' for the Board's consideration during the next CounD' Commission meeting, and let me know if you require any additional information or ill can be of any assistance. Fhank~'ouverymuch. cc: BAAB members Community Development and Environmental Services Black Affairs Advisory Board I~brk P/tone Appt'd Ex'p. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Rufus H. Watson 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples. FL 341 !3 District: 3 Category: Audre LeMw 3140 LaCosta Circle. Unit 904 Naples, FL 34105 District: 2 Categoo': RESIGNED 5,'5./99 12/02/97 06/25/'01 4 Years VMerme Johnson Niehaus 1515 Gulfstar Drive South Naples. FL 34112 District: 4 Categoo': 732-3720 02/09/99 06/25/01 2 Years James A. Drayton 884 Briarwood Boulevard Naples. FL 3-' 104 District: 3 Category: 793-3399 Robert C. Bennett 7065 Dennis Circle. #103 DBtrict: 3 Category: DID NOT RENEW 643-3332 253-0522 Jennifer G. Hines _, ~ .. Fim~,'~: ' vo,qd Circle -- 4: . ;4105 District: 2 Category: DID NOT RENEW 352-0219 262-8008 263-3200 11/05/96 06/25/98 2 Years 07/28/98 06/25/02 4 Years 10,"1"'99_,. 06/25/03 4 Years 01/10/95 06/25/99 4 Years 11/03/98 06/25/99 1 Year Wednesday, October 13, 1999 Page 1 of 2 Black Affairs Advisory Board IVork Phone Appt'd Exp. Date ttome Phone DateRe-appt 2ndExpDate T~FI?I 2nd Term .Albert Wahbev 555 Bowline Drive Naples, FL 34102 District: 4 Category: Fitzgerald A. Frater 2011 River Reach Drive, Apt. 254 Naples, FL 34104 District: 4 Categoo': Eric E. Baird 5784 Deauvil!e Lake Circle, gB104 Naples. FL 34112 District: 1 Category: RESIGNED 5/'3/99 594-9192 11,/03/98 06/25/02 4 Years 591-0133 09/23/97 06/25/01 4 Years 263-9171 263-5501 10/08/96 06/25/98 2 Years 793-8604 0728/98 06/_~/0_ 4 Years This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open commumcation between minorities and Collier County Government and provide periodic reports to the Board of C3unty Commissioners. Amended on 08/13/91 by Ord. 91-77 to increase mer,'n, zersr.~F, from 7 to .9 member. Terms are 4 years. FL STAT: none Staff: Phil Tindall, Impact Fee Coordinator: 403-2400 Page 2 of 2 MEMORANDUM TO: Vinell Hills. Elections Office FROM: Sue Filson. Administrative Assist Board o£ 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 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. BLACK AFFAIRS ,ADVISORY BOARD COMMISSION DISTRICT Gerry Moore 3390 Mystic River Drive Naples. FL 34120 Thank you for xour help. 1939 MEMORANDUM TO: FROM: October 29, 1999 Phil Tindall, Impact Fee Coordinator ~ Sue Filson, Administrative Assist~t//] Board of County, Commissioners Black Affairs Advisory Board 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: Gerry. Moore 3390 Mystic River Drive Naples. FL 34120 Please let me 'know, in writing, the re,: ommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. Si: Attachments FROM : AL&GERRY MOORE FAX NO. : 941-352-6288 Oct. 05 1999 (Home) ('icrc' Moore 3390 Mystic River l)r Naples, Florida 3412(I 941 352 6288 (Fax) RECEIVED OCI 0 5 i999 8Oard of Coun~:.y Cemmtssicm~r: 'J.'O ,~Lte Filson: Plea.sc consider this a letter of inn'oduction and of inlcrest in positions w/thin your or~ani~mfion. As you can see bv my enclosed resume. I have a strong Administrative background and well-developed organiTiitional skills, i feel I could be a strong candidate for Black Affairs Advisory. Board. P!ease feel Iree to contact me Cot additional informat/on or to coordinate a meeting of mutual convenience. I believe I could be an asse~ to the Board and look tbrward to the possibilit}, of meeting you. aL&GERRY MOORE FAX NO. : 941-352-6~88 Oct. 05 1999 ll:3?AM P~ GERRY MOORE OBJECTIVE Emptoymen! in a setting that will utilize my strong combination of Marketing and Administrative experience. SUMMARY OF QUALIFICATIONS Energetic, knowledgeable Administrator with demonstrated abilities and excellent rtderences. Well- developed tintc-management abilities with demonstrated success in managing multiple, shifting priorities in a deadline envimnmenC Outstanding interpersonal and communication skills with the shills' to build rapport _and establish good working,.r~ lati~o~hip_s with a wide varlctv of people. k:i-.~.ly responsible individual with attention to detail, a commitment to quality, and the ability to set and achieve goals. EXPERIENCE Mop,re Real Estate Faiff'a×. Vir~nia Owner / Principal Broker 1996 - present Established "start up" real e~tate operation with sales hi excess of seven million dollars, within Residential, Conmiercial, New and Resale markets. Manage every a-~pect of business including Adverti~i,~g and Public Relations. Train, motivate and supervise Sales Representatiw~ while conti, nui~tg to aclxieve, personal "Top Producer" status. Additional responsibilities include, but are not limited to: monitoring all transactions through closkng, and, f'manciat management such as operational exp~:nse record keeping, tax documentation and eom. mission disbursements. Manage interest-bearing client accounts to insure compliance with State and Federal Real Estate and Banking Regttlations. Long & Foster Real Estate Company Herndon, Virginia N-ew business development and market research. · Elli¢ott City, Maryland Inter~,iewed, qualified and matci~cd clienL~ with appropriate properties in the Nc'~' Home and Resale sector. Gathered and processed documentation; he. listed and administered contracts. Worked with Loan Officers, Attorneys and Title Examiners in coordinating loan.g; arranged for and attended settlements with clients. ABEND4 ITEM - Lo~lM i.'ine O~n,r / OperaWr Owned and operated shop that genernted over three million dollar~ in ~al~ three mall locations. Multi-faeeted Msnasement responsibilities inelud~l: Sales, Advertising and Customer Relation~ a~ well a~ Purehaslng, Merehandlsing nnd Display. ~L~GERRY MOORE FAX NO. : 941-~5~-6~88 Gerry Moore Oct, 05 ~999 ll:3?AM l'-~6e Two Pl CREI)ENTI ALS EDUCATION A_ND TRA.LNING University of Pennsylvania, Philadelphia, Penrmylvania Concentration: Business Administration National Institute of Real Estate, Faiffax, Virginia Knowledgeable in the concepts of computer technology; Experienced in specialty Real Estate software and Desk Top Publishittg. LICEN.~URE ~ CERTII;'ICATION$ Commonwealth of Vir~nia, Real Estate Sales License, since 1990 Cornmonwcalth of Virginia, Real Estate Brokers License, since 1996 Certification a.a Relocation Specialist Currently completing requirements for GRI Designation AWARDS Muhi-Million Dollar Sales Club; Member for five consecutive years · Northern Vir~nia Association of Realtors; "Top Producer/' · Long & Foster's "Customer Service Award" I~,ecei,~ed nume.,'ous"Long & Foster A;Yards, among them the highly sought after "Customer Serried' Award ~,isted above, achieved by high¢,[ ~atin~ ,n survey:s of clie~,t !oyahy and ;*atisf.qction. References Available Upon Request. OBJECTIVE: To appoint 2 members to serve 2 year terms expiring on December 31,2001 and confirm the appointment nominated by Everglades City, expiring on December 31, 2001, to the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: This 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. A list of the current membership is included in the backup. The terms for T. Anthony Brock (representing Ochopee), Michael Hart (representing Copeland), and Charles R. Reynolds (representing Everglades City) will expire on December 31, 1999. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CAYEGORY DIST ELECTOR ADV. COMM. Michael B. Hah Copeland 5 yes Ochopee Fire Charles R. Reynolds Everglades City, 5 yes Ochopee Fire John L, ?ennell Everglades City 5 yes none COMMITTEE RECOMMENDATION: Michael B. Hart - re-appointment Charles R. Reynolds - confirmation John L. PennelI - re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; confirm the Everglades City. nomination; appoint 2 members to serve 2 year terms: and, direct the County Attorney to prepare a resolution collfirtnin~ thc appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: DECEMBER 14, 1999 16:38 9~177~4010 COUNTY M~N~GER P~E 01 OCHOPEE FIRE COI~:TROL DISTRICT 201 BUCKNER AVE. EVERGLADES CITY, FLORIDA 34139 P.O. BOX 25 OCHOPEE, FLORIDA 34141'~'--'''--' '~ --:- ~- Date: Dee, ember 1, 1999 To: S~ Fitson From: Paul Wilson, ChiefOFCD At th:s ttrv. e there Ls three boa.rd pos~ions up for ~o~immcnt. One position from the City of Everglades has been :-e~[ved with the appointment of Cl:~arles Reynolds with the recowamcndafion of the M~yor of E'vesglacles Sammy I-Iamilmm Michael Hm't and John ?cnnell are the re~g two eandidate~ w~h 2 board openings nc:ed. At th.is time it i.s recommended than both be appointed by t& Board of County Corr~issk~ners to the Ochopee trite Ccntv)l Dbaxic: Fist Adx?ors.' Baord.. Pa,d Wilson, Chief Lkhopee Fh'e Control District Ochopee Fire Control Distdct Advisory Committee Name T. Anthony Brock #1 Turkey Trail Ochopee, FL 34141 District: 5 Category: Ochopee Area At Large Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 01/07/92 12/31/93 2 Years I/6/98 12/31/99 2 Years Michael Hart P.O. Box 42 Copeland, FL 34137 District: 5 Category: Lee Cypress (Copeland) 01/05/93 12/31/93 I Year 1/6/98 12/31/99 2 Years Charles R. Reynolds Copel,md Avenue Everglades City, FL 34139 District: 5 Category: Everglades City 10/26/82 12/31/91 2 Years I/6/98 12/31/99 2 Years Kent L. Omer, Sr. P.O. Box 659 Chokoloskee Island, FL 34138 District: 5 Category: Chokoloskee 695-3546 01/07/97 12/31/'98 2 Years 1/12/99 12/31/00 2 Years Robert G. Genung 270 Stella Maris Drive. East Naples, FL 34114 District: 5 Category: Port of the Islands 389-9390 01/12/99 12/31/00 2 Years ,/,- This 5 member committee was created by Ord. No. 75-06 to advise the Board of County Commissioners on the operations and budget of the Ochopee Fire Control District. Members must reside within the boundaries of the Ochooee Area Fire Control Special Taxing District, will be appointed by the City of Everglades City Council. Terms are 2 years. Ochopee Fire Control District - 695-4 ~ ~, 4 Amended by Ord. No. 89-98 ITEM I 1999. MEMORANDUM DATE: TO: FROM: November 1, 1999 Vinell Hills, Elections Office Sue Filson, Administrative Assistant/// Board of County CommissionersX..QJ 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 re,,iqered voters in Collier Countv. Also. please list the commission district in which each applicant resides, OCt!OPEE FIRE CONTROL DISTRICT Michael B. Hart 15788 Jane Scenic Drive Copeland. FL 34137 COMMISSION DISTRICT Charles A. Rex'holds Copeland Avenue Everglades C~ty. FL 34139 John L. Pennell 32 E. Flaminao Drive Everglades City. FL 34139 Thank you for your help. AGENDA ifF. IV{ MEMORANDUM DATE' TO: FROM: November 1, 1999 Chief Paul Wilson Ochopee Fire Control District _ //~. & Sue Filson, Administrative Assistimt.,,f ' ~ Board of County Commissioners ~ ' Ochopee Fire Control District 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 Ibllows: Michael B. Hart 15788 Jane Scenic Drive Copeland, FL 34137 Charles R. Reynolds Copeland Avenue Everglades City. FL 34139 John L. Pennell 32 E. r" , ~'.,~,:ngo Drive Everglades CID', FL 34139 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions. please call me at 774-8097. Thank you for your attention to this matter. SF Attachments FROM~ Michel B. l"I~'t REt Ochopee }'ire Control District ,a~dvisory Committe~ l~Iumber of Pases (Inc. Cove, r) - $ OCT 3~ '99 i6:52 8T&T FSE 5388 PSGE 2 Michael B. Hart 5788 $.xne Scenic Drive Copeland, FL 34137-0380 (94!) 695--:3~10! October 28, 1999 Sue Filson, Administrative Assistant Collier County Board of Count Commissioners 3301 E~! Tm~i~uni, Trail Naples, FL 3411~-4977 Subject: Ochopee Fire Control District Advisory Committee Dear Ms. Filson: Please consider this letter az my formal request to be considered to serve the Ochopee Fire Control District Advisory Committee for yet another I have enjoyed my ienure with the Committee since 1991 and would very much like to Bee the current situations with the District throul~ to the end. I feel I owe it to the area ! serve to resolve these issues to'the benefit of both the community and thc Ochopce Fire Control District. Per your request, I have attached & brief re. zume or a tra/n!ng and , ~'htc~t~.o~ ,:~tiquc highlighting fire knowledge. If furthcs-mformat~on is needed please don't hesilate to contact me. Thank you for your time and consider~ion of this mn~tcr. cc: Acting Chief, T. Mitchell OCT 30 '99 i6 52 RT&T FRX 5380 PSGE 3 RESUME DOB'. S~;rJt~,mber 4~ 195~ ~uigl"lt'.: e.,' Weight: 190 Marital ~;ta tuts: Married Michael Bradley Hart P.O. Box 4~ G~p~land, FL 54159 Greenbr.~' H~.i£t,.~'?' School,, Lewisburg., WV. 1~6~ Graduated with Honorm; r~cmivmd High S:hool Diploma, ~?env.ilie Stm~e CoIl~{/e, Glenvill~, WV. 1~72-75 & 1~76-77. Majored in Forest Technology. '/"~:;.~",.;~d St~te~ Ar'my, 197~-76. Primary obje~tiv~ ,- Carpentry. Rr, nk - Serge~nt. Honorable Fairmont Stmt~ Colle~e~ Fairmont, WV, 1~77- General Studt~s. Nar~on County Voc~tional ~choo2~ Fairmont, WV. ~77 to 1978. Commer~:i~I & Ro~,idential Electric; received 09/89 10/89 .~. ,:,/Dc) / 09/91 09f91 O~fe2 r.)4 / ~2 04/93 11/93 0 ,t / ~ 5 C4,/95 . ,'-) ..' 9 04196 O_Lber_._ T.~ui_n__ina ~_ Educat~o_n_ Tractor / Transport Operations - S-1L~O/190 ; Int~o to Fire Behavior / P~rscm~l Safety [~a~ic F,i, rr~ Control - Divide, on ~ F~restry 1-256 ; Staging Area Manager 1-272 ; Hn]~spoi Manager 5,-200 ; Incident Command - Single Resource 5C) Hfs. Volunteer Fire Fgghting - Ochopee Fire Control Hazardou~ Ma~erialu Emergency State /;ert. ified BL~I'r'~mF CoLIr'~e -- Cert. Bur"ncr' ~911B29 First Responder -. 40 Hours DNR R:~nger Academy - 80 FPS District Basic Plumbing Class ~ 5 Hour~ FPS Dis[rict Small Engine~ Cle~ - Basic S-2~4 ; Firing Technique~ and Equ/pmen~ S--290 ; Intermediate Firm Fi(~r'ida Fir~, Bchavi~)r ]"raining {]AS--I~5 ~ Ba~;i~: 14el~copter & A~rplane Gagety, l)O~ DEP Rangc~r' Academy - 8~rved m~ an A~si~tant - 80 Ho~rs 19[:]9 to F'r'~.)~;;m'~t ..... Vo.l.,.u]teer Firm Fighter -~ Ochopoe Fire Contl'-Ol Di~t. Ad~isor-y Doard AGENDA ITEM 17:07 813S953020 CITY OF EVERGLADES PAGE 01 P.O, BOX ! 10 EVERGLADES FLORIDA CITY HALL 207 PHONE 941 695 378i FACSIMILE TRANSMITTAL SHEET £ITT oq~ BVBRG£_ABB., C iVED CITY, O0 LLZEE COUNTY, ~ 4 i 3 ~ OCT 2 9 1999 8ROADWAY FROM ATTN': SUE FILSON SAMMY ~TONJR, MAYOR CO~^."CIL DATE BOARD Of; C COMM/~IONERS 10/29/99 FAX N~JMBER: TOTAL NO. OF PAGES INCLUDL'MG COVER: 941 774 3602 1 PHONE NUMBER: SENDER'S 'RI~FERENCE N'UMSEK: 941 695 3781 BE. YOUR REFERENCE NUMBER; CHARLIE REYNOLDS FLKE ADV BD .M~K3~vIENT [] L~RGE.'NT FOR REVIEW [] PLEASE COM2~iENT [] PLEASE REPLY PLEASE RECYCLE Notes/Co--ts AS },L&YOR OF EVERLGADES CITY I WOULD lIKE TO HAVE CHABI.IE REYNOLDS POS1TION (CHAIR) .RENEWED FOR THE COlVflNG YEAR ON THE (..YI-tOPPEE FIRE CONI~OL DISI'glCT ADVISORY BOARD. !'IP.i.\SE PRESENT THIS RE,~INTMI_-NT RECOMMENDATION TO 'INE BOARD OF COUNTY CI)NL~flSSION-ERS FOR IHEIR RECONSIDEtL~TION AND APPROVAL SHOUI1D YOU HA'vT ANY QLW_.STIONS OR REQLW,.E ANY ADDITIONAL INFOP3,L~.TION PLEASE CONTACT ME OR CITY CLERK, MARTHA DANIE~ AT 17:32 1116954491 JOHN L PENNELL PAGE 01 Collier County Board of Commlssioners ~"- ~ ,..-. ~ 9 I999 Attention: Sue Filson Subject: Serving on Ochopee Fire Board Advisory Committee ONE PAGE WILL FOLLOW 10/28/1999 17:32 1116954491 JOHN L PENNELL PAGE 82 Dear Sue Filson: My name is John L. Pennell and I would like to summit my .name to serve on the Ochopee Fire Board Advisory Committee. I have lived in the Everglades City area since I990.I mover here Eom M/ami, where I grew up. I have been coming to the area since the middle 50's. When I moved here permanently I opened a Plumbing busin~ss.I operated it until I was envolved in a car accidem that lef~ me disabled. I have had numerious operations to get me back on my feet. I graduated Miami Dade Jr College with an associate of arts degree. My father, William L. Pennel was a member oldie board for many years. I talked with him and was familiar with board members duties. I'am sure I could serve and do a good job, any condereation would be appreciated. AC-~.NDA ITEM OBJECTIVE: To re-appoint/appoint 6 members to serve 4 year terms, expiring on December 14, 2003 on the Development Services Advisory Committee CONSIDERATIONS: This committee is composed of 15 members and represents the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. The terms for Brian P. Nelson, Clifford B. Barksdale, Thomas Masters, Kris A. Dane, Joyceanne "JA" Rautio, and Dino J. Longo will expire on December 14, 1999. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Thomas Masters (reappt) Professional Engineer 5 yes Brian E. Jones General Contractor I yes Dino J. Longo (reappt) General Contractor 5 yes Marco A. Espinar Environmental Planner 3 yes William P. Dillon Attorney 2 yes Blair A. Foley Engineer 2 yes DSAC Bd Bldg Adj & Appeals DSAC COMMITTEE RECOMMENDATION: Thomas Masters Brian E. Jones Dino J. Longo Marco A. Espinar William P. Dillon Blair A. Foley FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 6 members to serve 4 year 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 DECEMBER 14, 1999 - AGENDA ITE_E_E~ NO.~ PS. ~ Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant Board of County Commissioners Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services December 2, 1999 Development Services Advisory Committee I Listed below are the names of the individuals who applied for vacancies on the Development Services Advisory Committee and were recommended for appointment. Thomas Masters Dine Longo Brian Jones Marco Espinar William Dillon Blair Foley - Professional Engineer- development company - General Contractor - General Contractor - Environmental consultant - Attorney - Collier Health Services - Professional engineer - consulting firm * existing members who were recommended for reappointment AGENDA ITEM NO. DEC 1 1999 Community Development and Environmental Services Office of the Division Administrator MEMORANDUM 3:9..1 DATE: November 1, 1999 TO: Hills, Vinell Elections Office [,ant~. ~-'"'-"-}~' "'- '-~:' ' '-'"'"" '; ~' '" FROM: Sue Filson, Administrative Assis Bo~d of Co~ Co~issioners Voter Registration - Adviso~ Bo~d Appointments -"~2:2~ -: ' 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. DEVELOPMENT SERVICES ADV COMM ~/ Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 Dino J. Longo 4711 Via Carmen Naples, FL 34105 Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 William P. Dillon 2190 Arbour Walk Circle #2217 Naples, FL 34109 Blair A. Foley 120 Edgemere Way South Naples, FL 34105 Thank you for your help. COMMISSION DISTRICT NO._/r2 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Pho, '; DateRe-appt 2ndExpDate 2nd Term Brian P. Nelson 262-2600 3957 Deep Passage Way Naples, FL 34109 District: 3 Category: Landscape Architect/Land Planner I2/19/95 12/14/99 David Correa 11257 Longshore Way West Naples, FL 34119 District: 5 Category: Court Administration 514-0006 12/16/97 12/14/01 Charles Morgan Abbott 1306 281h Avenue North Naples, FL 34103 District: 4 Categors.': General Contractor 4 Years ,// 4 Years 649-4286 12/14/93 12/14/97 4 Years 649-4286 12/16/97 12/14/01 4 years Clifford B. Barksdale 262-4173 620 14th Avenue South Naples, FL 34102 District: 4 Cate#or3': Land Planner/Professional Engineer 353-1551 592-5853 12/14/93 12/14/95 12/19/95 12/14/99 Thomas Masters 4401 Pond Apple Drive Naples. FL 34119 District: 5 Category: Professional Engineer 649-4O40 02/23/99 12/14/99 Thomas R. Peek 90 East Avenue Naples, FL 34108 District: 2 Category: Professional Engineer 774-5464 12/14/93 12/14/96 3 Years 12/17/96 12/14/00 4 Years 01/23/99 12/14/00 Sally Lam 5 Grey Wing Pointe Naples, FL 34113 District: 1 Category: Env/Citizen Activist 2 Years 4 Years l Year 2 Years 1 Wednesday, February 24, 1999 Page I of 3 AGENDA illaM NO. I0 ZiT. DS.C 1 1999 pg. c[ , Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Robert L. Duane 4880 6th Avenue, S.W. Naples, FL 34119 District: 3 Category: Land Planner 262-4617 10/18/94 12/14/96 2 Years 353-4167 12/17/96 12/14/00 4 Years R. Bruce Anderson 1670 Cra.vton Road Naples, FL 34102 District: 4 Category: Attorney Kris A. Dane 1300 Dolphin Road Naples, FL 34102 District: 4 Category: Structural Engineer - 597-2814 12/14/93 12/14/97 4 Years 643-2841 12/16/97 12/14/01 4 Years 394-3668 12/14/93 12/14/95 2 Years 793.4541 12/19/95 12/14/99 4 Years C. Perry Peeples 248 Vi~ing Way Naples, FL 34 f 10 District: 2 Category: Attorney 597-7088 12/17/96 12/14/00 591-3993 Jovceanna "JA" Rautio 10'261 Windsor Way Naples. FL 34109 District: 2 Category: Utility Contractor 591-1130 12/19/95 12/14/99 597-6481 Dalas D. Disney 7231 Radio Road. #301 Naples, FL 34104 District: 3 Category: Architect 4 Years Herbert Rosser Savage 816 Elkcam Cir. #101, P.O. Box 639 Marco Island, FL 34146 District: 1 Category: Architect 4 Years 261-3399 10/18/94 12/14/96 2 Years 455-2300 12/17/96 12/14/00 4 Years 394-1580 12/14/93 12/14/97 4 Years 394-2918 12/16/97 12/14/01 4 Years Wednesday, February 24, 1999 Page 2 of 3 BEC 14 1999 Pg. ~ Development Services Advisory Committee ~Vork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Dino J. Longo 3080 Orange Grove Trail Naples. FL .~41~.0 District: 5 Category: General Contractor 597-2855 12/19/95 12/14/99 4 Years 353-3711 This 15 member committee was created on 10/12/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land deve!oper, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 FL $T.4 T: Staff: Vince Cautero. C~mm. Dev. & E. S. Administrator: 403-2385 }Fetinesday, February 24, 1999 Page 3 of 3 A~A ~ no. Pg. (~ MEMORANDUM DATE: November 1, 1999 TO: FROM: Vince Cautero, Administrator Community Development and Environm~,r~SServices Sue Filson, Administrative Assistan!-"~,_"-_.,~ , Board of County Commissioners ~" ~ ' Development Services 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: Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 Dino J. Longo 4711 Via Carmen Naples, FL 34105 Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 William P. Dillon 2190 Arbour Walk Circle #2217 Naples, FL 34109 Blair A. Foley 120 Edgemere Way South Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. _ Thank you for your attention to this matter. SF Attachments ! '~ ~S SS 02:52p (941) 455-5057 .0 Vineyards October 29, 1999 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Re: DSAC RECEIVED OCT 2 9 1999 of Coun%' Ccmm~s~iormr'.~ FAX: 774-3602 Dear Mrs. Filson: Please accept this letter in application for reappointment to the Development Services Advisory Committee. Please do not hesitate to contact me if you have any questions or need any additional information. Thank you for your consideration. Sincerely, Thomas Masters, P.E. Director of Engineering cc Vincent Cautero Vineyards Development Corporation 98 Vineyards Boulevard Naples, FL 341 I9 (941) 353-1551 · Fax: (941) 455-5057 AGENDA ITEM NO. ,/~ ,~ 1999 ':."l:~'~i BUILDERS INC.. TEL No.6a$-0550 Oct 29,99 10:00 No.O01P.01 TAMIAMI BUILDERS Inc. GFNFRAI CONTRACTORS RECEIVED CGC005914 FLORIDA ~1~ .. Ph. (~1) ~3-S1~ ' n~ (~5) ~5~ Number of Pages Including Thin Original To Fo].lo~ Via US H~il: -) Cover Sheet: -':') yea ~7~_no REHARK$: CommerciaJ Steel Building Cuslorln Ho.les ¢~emodet Member of: Naple-~ Chamber of Comme~ce National Association of t4ome Builde~ Collier Building Industry Association .TqMIAMI BUILDERS INC.. TEL No.645-0550 Oct 29,99 10:00 No.O01P.02 arian ~. Jones ~.1~ 1 Heritage Tr. October 89, 1999 Board of County Commissioners 3301 Tamiami Tr., East Naples. FL 34112 ATTN: Sue Filson, Administrati',m Assistant RE: DEVEbOPMENT SERVICES ADVISORY COMMITTEE I am interested in applying for a position on the Development Se~ices Advisory Committee. I have enclosed my resume for consideration. I have been actively involved in the construction and development industry in Collier County for 17 years and offer my service and experience as a contribution to my community. If you should need additional information, please feel free to contact me. Sincerely, ~ E. Jones Enc: (1) :- -'l ~J-LDERS INC.. TEL No.645-0550 Oct 29,99 10:00 No.OOl P.07 Brian E. Jones 2121 Herilage Trail, N8ple~, FL 34112 Phone 941.793.1133 Fax 941-643-0550 E.mail tamlamlbld~aoi.com T~Offer mYservlce to serve on the Development Services AoVisory Committee. membmshk~ 1979 Graduate Lely High School 1979-1982 Unlvemily ~f Soulh ~ Tampa. Fla · B.A. in Finance, ~no~ in Law · FIo~l,~ Real Estate ~ Coume · Real Estate Investrnent,N'mlysis & Computer Simulation · Da~e Carnegie Seminar · Flork:la ~ Bullcllr~ Contra~o~s Sct'looi · Married with two children · IJfelon~ restdeet of NaiVes, Fla. 1982 - Present Tamlami Builders, Inc. Naples, Fla Owlmr/Partnm, · Class A General Contmcang firm · Board of Adjustment & Appeals · Naple~ Chamber · Collier Building Industry Association · National Home Builclef~ · State Certified Building Contractor · Ucensed Real E~=~a~e Salesman · Dale Carnegie Graduate ! I urgent facsimile Company: Fax Number: Business Phone: 774-3602 +1 (941) 774-3602 From: Fax Number: - Business Phone: Home Phone: Yvette Smith +1 (941) 514-1694 Pages: 2 Date/Time: 10128/99 4:30:14 PM Subject: DSAC renewal Sue, Per your request in reference to Dino Longo. information you need, Please call. Thank You If there are any questions or any other AGENDA ITEM NO. Pg. ,, NSTRUCTION VELOPMENT CO. INC. 1 O/26/99 Attn: Please Accept this Fax as confirmation that I would like to renew my position as a member of the Development Services Advisory Committee Sincerely, AGENDA rrEM NO. /o.~ Pg. CGC 021837 1923 Trade Center Way Naples, Florida 34109, Tel: (941) 514-4404, Fax: (941) 514-4406 Collier Environmental Consultants Inc. RECEIVED OCT 2 8 199 c Ward of Count;, CcmaJssim~.r~ 3880 Estey Ave. Naples, Flodda 34104 Telephone (941) 263-2747 October 28, 1999 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Ms. Filson, I am writing to request consideration for an appointment to the Development Services Advisory Committee I obtained my degree in Biology from the University of South Florida: in Tampa, Florida. I have been employed as a Biologist at South and Southwest Florida Water Management Districts, Collier County Development Services and currently as the owner of an environmental consulting firm. While at Collier County Development Services, Compliance Division, I gained an understanding and knowledge of Collier County Codes and Ordinances and even assisted in writing several environmental ordinances for the Collier County Land Development Code. I served on the Environmental Advisory Board and have previously served on a professional board. I was elected for two terms to the Southwest Chapter of Florida Association of Environmental Professionals and also served on their By-Laws Committee. As previously mentioned, I currently own and operate Collier Environmental Consultants. This experience has made it necessary to understand and balance the Environmental Laws that govern my business along with my client's needs. My comprehension of this balance, having experience both as a regulator and a regulated party gives me an objective and unbiased viewpoint. I believe that my almost 15 years experience in south Florida, coupled with my objective standpoint will enable me to make a positive and forward - looking contribution. AGENDA .ITEM Marco A. Espinar 3880 Estey Avenue Naples, Fl 34104 Bilingual: English & Spanish Office: 941-263-2747 EDUCA~ON Cardinal Mooney High School Sarasota, Florida Diploma 1980 Manatee Junior College Bradenton, Florida AA Degree 1982 Biology University of South Florida Tampa, Florida BS Degree Biology 1990 Completed USF Cooperative Education Program April 1988 USF Under_m'aduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeologicai Sites - Studies of Seagrass Beds (Thalass/a testudimtm) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. debris ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida Owner & Environmental Planner Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Exotic Plant Removal / Poisoning Mitigation Plantings Jurisdictional Determination Environmental Impact Statements Turrell & Associates, Inc. Naples, Florida Environmental Permitting, Planning Threatened and Endangered Species Survey Environmental Impact Statements Senior Environmental Planner Supervision of Staff Review StaffReports South Florida Water Management District Fort Myers, Florida Dredge & Fill Permit Review Surface Water Permit Review Collier County Government, Development Services Naples, Florida Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Environmental Analyst Environmental Specialist II Landscape Inspections Environmental Enforcement Southwest Florida Water Management District Tampa, Florida As-Built Inspections Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Field Services Technician PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals, Member Southwest Florida Association of Environmental Professionals, Member Elected to Governing Board for 2 terms; Bylaws Committee Exotic Pest Plant Council, Member Naples Area Chamber of Commerce, Member Appointed by the Board of County Commissioners to Serve on the Collier County Environmental Advisory Board REFERENCES UPON REQUEST A~OA ITEM 1222 1 q 1999 Pg. ~ William P. Dillon, Esq. 2190 Arbour Walk Circle #2217 Naples, Florida 34109 (941)596-8727 w.dillon,fhLsa.nct _ _ October 26, 1999 Via Facsimile (941)774-3602 Sue Filson Administrative Assistant Board of Coumy Commissioners 3301 Tamiami Trail East 'Naples, Florida 34112 Re: Citizen Advisor)- Committee(s) Dear Ms. Filson: Please accept this letter, along with the attached resume, as my application for a position on any of the following Collier County advisory committee(s)~ The Citizens Advisory Task Force The Development Services Advisory Committee The Immokalee Enterprise Zone Development Agency I have been a resident of Collier County for approx/mately eighteen (18) months and I i~ave every intention of making this the permanent home for my family and myself As such, I feel it is my obligation as a citizen and elector of this great county to offer my assistance whenever possible. I have specifically requested a position on any one of the above named committees, because I believe those committees perform functions that are invaluable to our community. Further, the listed committees are ones in which I feel that I have the appropriate background to offer meaningful assistance. Thank you for you consideration of my application, please do not hesitate to contact me sheuld you require any further information. William P. Dillon, Esq. A~A NO. /~) Pc,. /7 William P. Dillon, Esq. 2190 Arbour Walk Circle, Apt. 2217 Naples, Florida 34109 (941) 596-8727 w.diilon~usa.net LEGAL EXPERIENCE: Collier Health Services, Inc., Immokalee, Florida General Counsel, September 199g-Present Legal Affairs Liaison, June 1998-September 1998 · Represent the corporation in legal and administrative matters · Coordinate case management with outside counsel · Dra~ contracts and other legal documents Provide advice to the Governing Board and Senior Management on health care compliance and regulato~ matters, as well as, all pertinent legal matters William P. Dillon, P.A., Naples, Florida Attorney at Lanv, May 1999-Present · Provide legal services to community health centers, as well as, other health care professionals. Law Offices of Barry T. Shevlin, P.A.. Miami Beach, Florida Law Clerk, June 1997-May 1998 · Researched commercial, crLmina[ and landlord tenant issues · Prepared pleadings, motions and other relevant legal documents · Interviewed current and prospective clients St. Thomas Universit3, School of Law, Miami, Florida Deans Fellosv l~tstructor, civil Procedure 1996-1997 · One of only six students selected from the law school community to assist and instruct first year law students in their study of civil procedure Dade County State Attorney's Office, Miami, Florida Legal Intern, Summer 1996 · Researched legal issues for Major Crimes Division · Assisted in motion preparation 1999 EDUCATION: St. Thomas University School of Law, Miami, Florida luris Doctor, with Honors, May 1998 Academic: Top 15% Honors: St. Thomas Law Review, Articles Editor 1997 Deans List Academic Achievement Awards: Debtor & Creditor Rights, Intellectual Property and Trial Advocacy and Practice Academy of Florida Trial Lawyers, 1997 Intrastate Mock Trial Competition Chester Bedel Memorial Mock Trial Competition, 1996 Activities: Association of Trial Lawyers of America, Student Chapter Vice-President Phi Delta Piti, Legal Fraternity Volunteer Income Tax Assistance Program ABA Work-A-Day, Volunteer Coordinator Florida International University, Miami Florida Bachelor of Science, cum laude, August' 1994 Major: Criminal Justice Honors: Alpha Phi Sigrna, Criminal Justice Honors Fraternity SPECLa. LIZED EDUCATION: Florida Risk Management Institute, Inc., Largo, Florida Licensed Health Care Risk Manager OTHER PROFESSIONAL EXPERIENCE: School of Safe~ and Justice Administration, Miami, Florida Adjunct Fac,dry, May 1995-May 1998 · Instructed Police Trainees in various subjects related to obtaining State of Florida law enforcement certification Bay Harbor Islands Police Department, Bay Harbor Islands, Florida PoBce Officer, November 1991-August 1995 · Uniform road patrol · In-service training instructor · Received Outstanding Officer Award 1992, 1993 and 1994 · Received Officer of the Year Award 1993 AOENDA ~ NO./C: pg. /4 Bradenton Police Department, Bradenton, Florida Police Officer/Detective, April 19$8-lune 1991 Unif'orm road patrol · Special Investigations Urdt, street level narcotics and vice · SWAT team officer · Participated in various community drug prevention programs CIVIC ACTMTIES: Collier County Bar Association, Mock tdal coach, Immokalee High School ColLier County Bar Association,, LawDay speaker at Immokalee High School Member Collier County Chamber of Commerce Member First Baptist Church of Naples AGENDA ITEM D,.,., 1 z~ 1999 p~.?c COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY RECEiVE . CECI Grouo Serviqel Survey & "¥1c, 23:n~ tqeol Estc;e ct Environmental Assessment · .,. v: ,v: costo:en~:neerm~.c cm October 6, 1999 Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples. Florida 34112 To Whom It May Concern: Please accept this correspondence as my request Ibr consideration to the Collier Count,,, Development Services Advisory Committee. We at Coastal Engineering Consultants. Inc. are interested in supporting the Board of Count.',' Commissioners and the development industw of Collier Count',' and its residents. I would be honored to serve as a member of your committee and would strive to dedicate mx' time. knowledge and experience to assist you and to support this worthwhile committee to enhance the grox~lh of Collier Count',' to its fullest. Blair A. Foley, P.~E. Vice Pres_ident C~il Engineering BAF:maf I IICECIENGIDAT.41CItTL~CorrexpondencelBAF - Development Services Advisory Committee. doc 31C'0 S Horseshoe Drrve, Naples. Flonda 34104 · Phone (Q41) 643-2324 Fax (94!) 643-1143 · E-MO~h engcotlier~ceciflcom BLAIR A. FOLEY, P.E. Principal Engineer COASTAL ENGINEERING CONSULTANTS, INC. RESPONSIBILITIES Mr. Foley has over fourteen (14) years of engineering experience with governmental agencies and private enterprise. His eleven (11) years experience with Coastal Engineering Consultants, Inc. (CEC) includes preparation of contracts, financial management, marketing and supervision of land development projects. Mr. Foley regularly provides presentations before numerous public hearings. He has been responsible-for the design and construction of many multi-family developments and single family subdivisions. As the Vice President of Engineering, Mr. Foley has extensive experience in site planning and en=4neering design of residential, commercial, industrial and coastal projects. He is responsible for preparing traffic impact statements, civil design plans and environmental studies for submittal to the required governmental agencies for final construction approval. He has also prepared engineering plans v, ith the use of AutoCad. PRIOR EXPERIENCE As a Design Engineer for Wilson, Miller, Barton & Peek, Inc. in Naples, Florida, h/s duties included all phases of engineering design associated wSth land development including water management and wetland feasibility, studies, permitting with emphasis on surface water resources and jurisdictional wetland issues, computer modeling of utility/roadxvay systems and mapping with AutoCad. As Chief Environmental Engineer for Hillsborough County Environmental Protection Commission, duties included program development and implementation, County rule derivation for mobile sources of air pollution, quantitive source emission inventory, traffic impact statement preparation and supe~'ision of environmental specialists. EDUCATION/PROFESSIONAL REGISTRATION B.S.E.S. Enviromnental Engineering, University of South Florida (USF), 1985 Engineering Management and Computer Modeling, USF, 1985-1986 Licensed Professional Engineer, State of Florida Licensed Professional Engineer, State of Alabama PROFESSIONAL AFFILIATIONS/MEMBERSHIPS Collier County Environmental Advisory Council Collier County Environmental Advisory Board Florida Engineering Society American Society of Civil Engineers Society Christian Design Professionals The National Society of Professional Engineers East Naples Civic Association The American Heart Association, Heart Ball Committee AG~.NDA ri'EM NO. ~/~ ,-.~: CCC l 1999 RESOLUTION 99-._._ To establish Collier County as a COMMUNITY OF CHAR.4CTER WHEREAS, the people of our county recognize the importance of honorable character qualities based upon the moral standards held by our Founding Fathers on which they established our nation and legal system; and I4rI'IEREAS, we recognize the validity of the statement by.41exis de Tocqueville that ".4merica is great because she is good When .4merica ceases to be good she will cease to be great;" and WHEREAS, we desire to build upon our heritage and make our county a place where families are strong, homes and streets are safe, education is effective, business is productive, neighbors care about one another, and citizens are free to make wise choices for their lives and families; and WHEREAS, we recognize that individuals are responsible for their actions and that daily decisions should be based upon objective moral standards which are the basis of universally-recognized character qualities, including obedience, honesty, truthfulness, diligence, generosity, kindness, loyalty, and courage; and WHEREAS, lack of commitment and irresponsibility have resulted in an increasing number of family problems causing personal, social, and.financial consequences to individual family members and to this county as a whole; and WHEREAS, there is a need for more positive role models among our young people to help prevent juvenile rebellion and delinquency; and WHEREAS, if people fail to demonstrate positive character qualities and if they make wrong moral choices, the health, safety and welfare of the citizens are endangered resulting in a financial burden upon the taxpayers for the costs of law enforcement; and WHEREAS, many current societal problems will be alleviated when the citizens of this county live by positive and constructive character qualities which distinguish between right and wrong; and IVHEREAS, teaching positive character qualities to juvenile delinquents has been shown to produce a change in behavior, reducing recidivism rates; and WHEREAS, our schools should be a safe atmosphere where character is exemplified taught and strengthened, and where learning is encouraged; and WHEREAS, encouraging employees by recognizing positive character qualities has resulted in an increase in workplace morale, employee safety, and corporate profits; and WHEREAS, the emphasis of positive character qualities in every sector of society can only occur as individuals commit themselves to exemplifying character in their personal lives and inspiring others to do the same. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the people of this county pledge our commitment to character and to doing all in our power to become known as a Community of Character by promoting character in our schools, businesses, homes, churches, county government, media, and community groups, and we urge the leaders of each of these jurisdictions to do likewise. - This Resolution adopted on this ~ day of majority vote. , 1999, after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: PAMELA S. MAC'KIE, CHAIRWOMAN DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel, County Attorney MEMORANDUM DATE: December 3, 1999 TO: Board of County Commissioners FROM: Pamela S. Mac'Kie, Chairwoman Commissioner, District 4 RE: Collier County/s a "Community of Character" As Collier County continues to grow at its exponential rate, it is important that the leadership take every reasonable action to protect the character of our community. As one of my last official actions as Chair of this Board, I request that we adopt the proposed resolution establishing Collier County as a Community of Character, and that we direct staff to investigate the Character First program for implementation in our staff training. I have likewise requested participation in this program by the Naples Area Chamber of Commerce, the Economic Development Council, by the Cities of Naples, Marco Island and Everglades, and by major employers in our community. Many communities have adopted this program, including Augusta, Georgia; Temple, Texas; Baton Rouge, Louisiana; Titusville, Florida; Sebring, Florida; and many other communities and organizations. The backup for this agenda item lists many of the most recent "Character Communities." As your review of the documents will confirm, this program places the emphasis on the individual's responsibility for his or her words, actions and attitudes. Measurable benefits cited by communities and businesses that have adopted the Character First program include: · reduction in worker's compensation claims (from $486,000 in 1993 to $47,000 in 1994 for the Hollytex company in Watonga, Oklahoma), · decreased negotiation time with labor unions (from 2 years to 1 month for Ferraira Optical Limited in Trinidad, West Indies), · reduction in employee turnover rates (from 103.5% to 4% for nurse aides in the Lovington Good Samaritan Center, Lovington, New Mexico), and · improvement in attitudes, morale and cooperation among city government employees in Edmonton, Oklahoma Board of County Commissioners December 3, 1999 Page -3- The process by which Collier County can move forward in preserving the character of our community is, first, ~o adopt the proposed Resolution. Thereafter, a Community Coalition for Character should be established to implement the vision in our county. This Coalition should include members from government, businesses, schools, the faith community, media and law enforcement. The third step in the process is to launch a character awareness campaign, which will include practical ways to keep character in the public eye. It is also recommended that the local governments and businesses include character training in their employee training sessions. Our staff should investigate and report to the Board the feasibility of this phase of the process, since there is an expense involved for the training materials. Private donations have been offered for the initial training sessions. In other communities, local government has led the way to community-wide character training in local businesses, educational institutions and law enforcement agencies. As Alexis de Tocqueville stated about our nation in its infancy, "America is great because she is good. When America ceases to be good, she will cease to be great." Let's take steps today to ensure that Collier County remains great through preservation of her character. PSM:cb Pamela S. Mac'Kie, Chairwoman Commissioner, District 4 Volume 2, Number 2 July 1999 A I K E N t nb rb June; StJrrJn theW Municipal conven- tions are excellent places to spread the word about your character initiative with other leaders who are looking for lasting change in their cities. Mayor Fred Cavanaugh of Aiken, South Carolina, was asked to speak at a break-out session on Character Cities at his state's municipal convention. He was also instrumental in getting Mayor Young of Augusta involved. Other leaders are sharing the idea with fellow city officials. Riding the Current ~. ,~'~URRENT yl~oSt'[ ' itiesoF of a Ground ell ~.~hara~ter Following are current highlights from Character Cities around the nation: Augusta: With W'ute Support After passing their Character City resolution as recently as May 4, Mayor Young, a new mayor with no previous political experience, has already enlisted The city will soon begin character training for its 1,200 employees. Visit their new Web site at www. ccboe.net/grants/character. Fresno: With a Message [' mple "- Teleoram Shooting at school ldlls 25 the difference between life and death. The same day that a wanton lack of character took the lives of school students in Colorado, Texas officials were debating if character bill H.B. 911 could come to the rescue for their school children. his is the easiest thing we've ever done. We can hardly gel the words out of our mouths before people }*,ant to get involved!' --Lane Hutchins. wife of Augusta Character Cily Coordinalor lACe' the involvement of almost every sector of the community. Character First!® will be taught this fall throughout the school system, and the superintendent especially appreciates how the citywide character emphasis will reinforce classroom training. The local city-county hospital founda- tion is intending to underwrite the costs for Character First? in 60 classrooms. Having sent invitations to their 1,800 members, the Chamber of Commerce is hosting a breakfast dedicated to promoting Character First!% Results speak for themselves in the Fresno Police Depart- ment, where "Character Standards for Police Officers," developed by Sheriff Ray Nash, has been implemented with dramatic success. Imple- menting the character principles has allowed the leadership to identify potential problems within the police force and deal with them before they turn into lawsuits and increased spending. In the two years since they began the program, crime in this large California city has dropped 50 percent. Murders have dropped Augusta GEORGIA Bob Young, Mayor Baker LOUISIANA Bobby Simpson, Mayor Bartlesville OKLAHOMA Ron Nikkel, Mayor Bull Shoals ARKANSAS Loren Thompson, Mayor Burleson TEXAS Byron Black, Mayor Douglasville GEORGIA Charles 1.. Camp. Mayor Leedey OKLAHOMA Orin Patton, Mayor Madison MISSISSIPPI Mao' Hawkins-Butler. Mayor Burleson, TX: Representatives of the city, school district, Chamber of Commerce, and ministerial alliance together signed the first Character City joint resolution. from 75 people killed two years ago, to 36 last year, to 25-30 Olathe KANSAS l.~rr3' L. Campbell, Mayor Pawhuska OKLAHOMA Jack Shoemate, Mayor Mission Statement Community Coalition for Character Our goal-is to strengthen the citizens, their families, and the community by promoting excellence in character, and thereby to become known as a City of Character ~..fde, tod[[ endeavor to gain the support of our community leaders in modeling and promoting good character; ~f-de< tod.[[ learn how character is built into the lives of individuals and adopt character initiatives that apply to each segment within our community; cffde to~II strive to establish a community culture that encourages, recognizes, and rewards good character; c/-/de, tot'[[ emphasize character before achievement, since achieve- ment with excellence, by its very nature, requires good character; elf-de, tot'[[ evaluate every decision, policy, and law on the basis of whether it promotes good character or rewards bad character; ~/de, tot'[[ assess all our activities on a regular basis to insure we are making progress toward becoming a city known for the good character of its residents. MEMBER INTERNATIONAL ASSOCIATION OF CHARACTER CITIESTM CHARACTER FIRST!® A New Paradigm for Personal Growth Character Training Institute 520 W. Main S~ Oklahoma City, OK 73102. (405) 235-8 Fax (405) 235-5826 How a City Can Commit to Develop Character A city that is committed to building character will implement character development in the different sectors of the city: government, business, education, and faith community. This commitment is pursued initially through a public declaration by the city officials clearly stating the city's goal of encouraging all citizens to develop good character. It is beneficial to form a steering committee whose purpose is to plan a strategy for implementing character development within the city. Once these things have been put in place then the cit3, itself should do the following things: 1. Train all city leadership (department heads, managers, and supervisors) in how to implement character development. At a minimum, a one day, seven-hour training is necessary. 2. Encourage city leadership to recognize daily the character of others. 3. Begin teaching character qualities using the Character First! e Bulletins. 4. Establish monthly employee meetings in order to introduce monthlv character qualities and to recognize all city employees. Any city that purposes to build character in its employees receives the following commitment from Character First.t ~. Our commitment is to serve the city by providing training and materials at reduced rates. The costs to a city for training are expenses (travel. lodging, and meals for the trainers) and materials ($15.00 per person attending the training). The $1250 training fee is waived for the city and the monthly rate for the Character First.t ~' Bulletin is reduced from $2.00 to $1.00 per person. Additionally, to help reinforce the success of the character emphasis, we will do follow'- up training with supervisors and managers for expenses only. This process of character development enables a city to model for the entire community the priority of building strong character. Character First.t® Corporate for Cities of Character In our endeavor to provide a cost-effective Character First? Corporate plan for Cities, States, and Governmental Organizations, we offer a discounted package. Training Costs - No charge for on site training - (Approximately seven hours) - Travel Expense (Travel, meals, lodging) - Material Costs - $15.00 per person (Includes workbooks, pocket guides, bulletins, overheads, etc.) Material Costs - Monthly Bulletins - $1.00 per bulletin - Pocket Guides - $1.00 each - Character Note Cards - $5.00 a box 8'Lake named first "City of Character' · BRET RANKIN Of the Herald BONNE¥ LAKE -- This city has become the Ftrst and only "City of Ch~- act&' in the state. By enrolling in thc national program, city officials here have embraced thc challenge of buiIding chez'octet in others through their leadership and example. "What we're trying to do is show young people across the community -- in any way we can through actions o/adults -- that there are character qualities that mutter." Bonncy Lake Mayor Bob Young · 'Program emphasizes importance of .leading by' example .tliere ~5 a compelling need for the teaching of Positive character traits ... Bonney Lake 'resolution said Wednesday. Qualifies of character wiU be empha- Sized each month to highlight their impor- Last April. Young was introduced to the · "City of Character" program while anend- lng an international ~onfercnce in lndi- Young as~apolis. More than 160 mayors and gov- ern.meat officials from 34 states and eight nations were at thc event. Botmey Lake Officials will emphasize One character quality each month in 1999. Young said. Qualifies focused on will include :nen. tivcness, truthfulness, respect for ~. diligence, gr-atefulncss, self personal morality, punctualily, fcr?'c- ness and resoLu'cefutnes$. Young said this cmph~is on cha:':c:er will focus on all aspects or the city's society, including schools, homes ~d businesses. see CHARACTER on page 2 Character continued from page I He said he's already spoken to the Bonney Lake Chamber of Commerce and several local schools promoting charactqr.. "There are a number of things we can do to share and implement our ideas in the communit'y,' Young added. The resolution approved by the C~t)' Council's unanimous vote Dec. 8 states: "Our city has experi- enced an increase in juvenile crimes being committed by younger and younger juveniles and of a more serious nature ... there is a compelling need for the teaching of positive character traits ... the Ctty Council of the Ci~, of Bonney Lake agrees m actively pursue the resources and programs that are available to them in making our c.~ a City of Character with the International Association of Char- acter Cities." Young'said me declaration is especially appropriate because Bonney Lake will celebrate its 50th anniversary in 1999. The birthday celebration will' include an open house in February. and a parade and festival next ' summer. "We're just leo'king for any way we can" to convey character quali- ties. Young said. At City Hall, one st',fff meeting a month will focus on a character quality, and computer screen- savers featuring that quality are being considered, he said. Also, city staffers are being acknowledged for good work by being "caught" for doing a good job. "1 think our employees need to know when they've done a good job." Young said. Temple: A City of Character It is our pleasure to be a com- murdty partner in placing an emphasis on positive character traits through the Character First Program. Each month we promote the Charac- teristic of the Month. As we study 'each of these ~raits we~ are .sometimes. reminded o! the lack o! charac ter. we see throughout our .:country.:...This. observation makes this program even more important,_ · .We at the Temple Chamber of Commerce ;have not only 'and many more, I realized how much we as a conununity have for which to be grateful.' I wOuld urge each of you to take some time and review your own reasons to be grateful. My rea- sons iticluded living in' a com- munity that cares about its own. Where business grows,. where employment is high and crime is low. A community which, thoughddiverse,, works together to solve problems. A ~ommunity where leaders work together to move' the communi- ty forward. In many cases it could be the positive business. climate that helps stimulate "'growth, 'creates': jobs, ""and allows expahsioh.: It includes · the wide variety of'amenities like. th'e' stampede . hockey .team, 'the'g61t .Courses, coIl~ge · .and high school athletic events, endorsec, i. the project, but have tee .Temple "' Community bdgun Studying the .Char- .. Theatre, the Cultural Activities ac.teristic of the Month. As you. Center, the lakes, the s. hgppLng · may have read last., month's ': and m{lch:m6re. "' .- : "' character trait was grateful~ hess. Gratefulness' is defined as. letting others know.by, my words and actions how they · benefit my life. As I finished out the year of 1998;1 began to reflect upon this definition. I am very grateful for the oppOrtunity to serve as presi- dent of the Temple Chamber of' Commerce. I am grateful for the hundreds of businesses -that support our efforts through their membership. I am grateful for the volunteers who give of their tLme to a~sLst ..in tuning the committees ~nd : the projects wd undertake' as a: Cli-m_be~ 'I am gratefkl..for the board of ' directors.., whi.ch spe~ much time giving direc- .tton, ~etttng priorities and set; ting policy. I am very grateful for' the wonderful' folks' that Work at the Temple Chamber of C0mmer~.e~ ! am gratelul to .those who have befriended.me (and ;a~e there' with support 'wh~ it is ne~ded:;'I am'grate- It ha~ beiiome: most..evident that Character First training i~ for everyone~ I have personal. ly been reminded of things 1 should do or could do better, like being grateful and letting others know by my words anal my actions. Hence, this article and my words of thanks to everyone who works to make Temple the wonderful place'it is today and the even better -community it' wLU be in the future. '. I am truly.'grateful, but I · don'.t alwa. ys' remember.to tell - you all and thg~ you for what you do for this '~ommunity. I will hopefully .contLuue' tO grow both personally and.pro- fessionally. 'Iris my hope 'that you will continue tO offer sup-' port'and'lnpu't.to me and the - Temple Chamber of commerce "to help'us improve our ~ctivi- ties.' Working together we can . find even more for which to be · grateful ': ,'.. · -. Let's malde 1999 a gr~at year:/ ful for those who love me :and and let us always remember to take care of me in'this some-', be' grateful. .Remember to-' time too .hectic life. check for this month's As I reviewed these reasons Characteristic, Generosity. A'I-rENTIONI Chamber Members If your business or organization is interested in sponsoring a Business After Hours Event ,please contact Joni Lange at the Temple Chamber of Commerce at 773-2105. Spaces are available now. Character Calendar 1999 APRIL Patience vs. Restlessness Taking the time that is necessary to properly resolve a difficult situation l)ecisieeness vs. Ooublemmdedness The ability to recognize key factors and finalize difficult decisions JUNE Securitq ~s.^,~×iety Structuring my life around that which cannot be destroyed or taken away JUL',' l)etermination vs. Faintheartedness Purposing to accomplish the goals I am given in the allotted time regardless of the opposition AUGUST Compassion v.,. n~di~erenc~ hwesting whatever is necessary to heal the hurts of others gEPTEMBER Faith v,. Presumption Confidence that doing th_e right thing will bring the best outcolne, even when I canllot sec how OCTOBER Dependabilitq vs. Inconsistency Fulfilling what I consented to do, even if it means unex- pected sacrifice NOVEMBER l~e~s~asi~ness vs. Contentiousness Guiding vital truths around another's mental roadblocks DECEMBER Self-control vs. Se]f-i~]g~,c~ Rejecting xvrong desires and doing what is right in ail areas of my life 2000 JANUARY Wisdom vs. Natural inclinations Seeing and responding to life situations from a perspec- tive that transcends my current circunlstances FEBRUARY Attentiaeness ~s. Unconceru Showing the worth of a person by giving them my u ndividcd COllCentration MARCH Alertness Being aware of that which is taking place arounct me so 1 can have ,'ight responses APRIL l)iscretion vs. Simplemmd~dnes, The ability to avoid words, actions, and attitudes which csuld result in undesirable cousequences MAY Obedience vs. Willfulness Cheerfully carrying out the directions and the wishes of my authorities I N'I'I!P, NATI(}NAI, A:i,';()~:IAT EXECUTIVE SUMMARY PETITION PUD-99-7, MR. BRUCE ANDERSON OF YOUNG, VANASSENDERP, VARNADOE, AND ANDERSON REPRESENTING THE NAPLES VANDERBILT LAND TRUST, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE AND "E" ESTATES TO "PUD" PLANLNED UNIT DEVELOPMENT TO BE KNOWN AS THE PRC & M PUD FOR PROPERTY LOCATED ON THE SOUTH SIDE OF VANDERBILT BEACH ROAD (CR-862) AND APPROXIMATELY ONE MILE WEST OF C.R. 951 IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to have the above referenced property rezoned from "A" Rural Agriculture and "E" Estates to "PUD" Planned Unit Development to allow for a public cemetery, mausoleum, funeral chapel, administrative office and related facilities. CONSIDERATIONS: The subject site encompasses a land area of approximately 25.5 acres, of which 20.64 acres is for the cemetery area while 4.42 acres have been designated as a Reserve Tract. The building and paved areas will encompass 1.94 acres along with 6.4 acres for the open space areas. In addition, The Master Plan indicates that the only vehicular access to the development is from an Vanderbilt Beach Road (a collector road) while the buffering, setback and architectural standards meet or exceed all requirements of the Land Development Code Tire Master Plan also provides 145 foot deep Reserve Tract and conservation area along Cherty Wood Avenue that is intended to screen the project from the Estates reside:-:tial subdivision to Ire south. Tltese development restr;c'.ions and controlled access to thc site are intended to protect the integrity of the adjacent residential community. It sho'~,ld be noted .*hat the petitioner h..~s met with residents f'rom Island Walk and form Cl,crtj '¢¢'~)od Avenue to address any concerns that they may have. As a result, the petitioner is proposing an enhanced landscape berm and buffer treatment along Vanderbilt Beach Road that is intended screen the project from the roadway and from the adjacent and nearby properties (Exhibit "A"). The surrounding properties include the following land uses: To the north is Vanderbilt Beach Road and partially devc:lop,,?,5 'lsiancl Walk PUD" thai was appro,.,;d with a de~_sity o'.2 units per acre. To the east is a drainage ca, mt and residential lands that. arc zoned Estates. Ire l,mds to the south of Cherry Wood Avenue contain single-family and zoned Estates while lands to the west are vacant and zoned Estates. The Traffic Impact Statement (TIS) estimates the site-generated trips to be approximately 121 trips on a weekday. These trips will not exceed 5 percent of the LOS "C" design volume on Vanderbilt Beach Road or lower the capacity below' any County roads adopted i_OS "D" staadam. 'rite :~uflic Circulation Element (TCE) lists Vanderbilt Beach Road as a 2-lane road fronting the site. The current traffic count for this segment is 5,206 AADT, which results in LOS "C". Therefore, this project is consistent with the standards referenced in Policy 1.3, 1.4, 5.1, and 5.2 of the TCE. Pg-, / With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is the compatibility of a land use with land uses permitted in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for residential land uses and/or non residential land uses that may include churches and cemeteries. Furthermore, to improve compatibility of this proposed community facility, the petitioner agreed with staff's request for additional landscaping along Vanderbilt Beach Road that consistent with local ,-esidents desire to screen the project. As noted on the "Line of Site" graphic (Exhibit "B"), the mausoleum structure will be set back approximately 275 feet from Vanderbilt Beach Road and 115 feet from the south property line. In regards to the to the proposed 30-foot maximum building height, staff is of the opinion that the 2-story mausoleum is integrated within the additional landscaping treatment. In addition, the petitioner has agreed to apply the applicable Commercial Architectural criteria to the design of the mausoleum as noted in Exhibit "C". 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 Impact Fee Coordinator has determined that the following impact fees will be applicable to this Community Road Impact Fee: Corrections Impact Fee: B.C.A I. Impact Fee: EMS Impact Fee: $",). 15 per sqaarc toot unde,' roof' $1,303.00 per 1000 square feet $0.1170 per square foot 50.005 per sc~uarc foot under roof $43.00 per 1,000 square feet The total amount of impact fees for the cemetery uses is approximately $34,016.73. It should be noted that because impact fees vary by type of commercial, institutional and community facility dc,'~:lopm~:~ a~:'~ hc au::c ~hi~ :q~pr~'.,-al (!o~s n~' p;o~'ide this ~evel of specificity as to tl~e actual size and type of ase, the total impact fees quoted above is at best raw' esti~nates. 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 staff has not developed a method 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 subject cemetery site is predominately located within the Urban-Mixed Use District, Urban Residential Subdistrict 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: A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 units per acre. This district also permits certain nonresidential uses including schools, churches, cemeteries and childcare facilities. Therefore, the proposed PUD uses are allowed in the Urban Residential Sub-district. Since no uses are proposed for the approximately 4 acre Reserve Tract designated Golden Gate Estates, this petition is consistent with the Growth Management Plan. 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 Pcfition PUD-99-7 subject to the conditions of approval and landscape buffer requirements that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Envlrc, nm?nta! 5dvisorv Council (EAO) heard thi~ iiem on /¥.~gus? 1!, !999 an,! l.hcv recommended approval subject to conditions as noted in the attached EAC Stall' Report and that all burials take place in concrete vaults and that those vaults be sealed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Conunission heard this petition on November 18, 1999. They unanimously recommend by a 9 to © 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 6 persons addressed the Planning Commission concerning the compatibility of the cemetery with the residential areas. Other concerns involved the project's water management system and impact on the water table. However, the Planning Commissioners determined that with the additional landscaping and architectural standards incorporated into the project design, the proposed cemetery is compatible with the surrounding residential communities. As a result, this petition cannot be placed on the Summary Agenda. pg. ,~ PREPARED BY: ~L~kL~NLT~ pO~V~S-' PNN~INg~PE cA~TiPoLNANNER RONALD NINO, AICP, MANAGER CURRENT PLANNING SECTION ~~-~ ~.. M----U~ERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE D~TE~' PUD-99-7/EX SUMMARY/RVB/rb 4 The P R C & M PUD Landscape and Performance Standards (The Palm Royale Memorial Gardens) Item Code Requirement Proposed PUD Standards (]) Arterial Rd. Buffer Canop}2 Tree Plantings - intensi~ & spacing 30-ft off center (approx. 40 trees) 25-ft off center (approximately 48 trees); may be cjustered (2) Arterial Rd. Buffer Canopy Tree Planting Height -at installation Minimum 50% ~ 10-fl tall 100% ~ 10-ft. tall (3) Arterial Rd. Buffer Shrub _P_(a_n_t/q&~7 -- intensity. ,pacing & character 18" to 36" off center; Doub!e staooered hed_oe ~ 24"; 3-fl. within one year 18" to 36" off center; Double s~agg,~red hedge ~ 24"; 3-ft. within one year (4) Arterial Rd. Buffer L attdscape .4ccent Planting Beds None required One 200 sq.ft, planting bed every 250- ft: mav be cjustered (5) Vanderbilt Beach Road Landscape Berm None required Varied Landscape Berm from Min. 3- fl. to 5-fl. landscape berm ~ 3:1 slope (6) Vanderbilt Beach Road La.dsc.De Buffer IVidth 20-ft. ,,vide landscape buffer Varied Landscape and Lake Buffer Min. 25-ft. to 125-ft. Wide ~ 'eruc,.d .U¢~ior/d Setbacks (g). 3[ausolettm Buildin.g (9) Golden Gate Estates Landscape Buffer Width Nor,¢ rcqoired 15-ft. 20-ft. wide landscape buffer Min. 1 '. 5-fi Vanderbiit Beach Rd. ROW Setback o) Min 275-fl Vanderbilt Beach Rd. ROW Setback: ~Tin. i 15 ft. NW Ave. ROW Setback Min. 115-ft. Native Vegetation Conservation Area (10) Golden Gate Estates Cot:c. er'.,ation Area Landscape Buffer (11) Memorial Gardens South Boundary Interior Tree Planting Buff. e__r None required Min. Slash Pine Reforestation - 10 Trees per 100 finea:' Feet (clus',ered) at min. 1 O-ft. in height at installation and a continuous native hedge. None required Min. canopy u'ee plantings 25-ft. off- center at min. 10-fl in height at installation, at the southern edge of the interior development area. G S, mum,.. 99.001/standards>. doc (1) Max' include decorative and ornamental environmental landscape, hardscape and architectural elements. EXHIBIT "A" pg. ,5" (/3 -I'1 (.(3 I ~0 0 i MEMORANDUM TO: Ray Bellows FROM: R. Bruce Anderson DAl'E:November 18, 1999 SUBJECT: Palm Royale Memorial Guidelines Set forth below are the specific sections of the commercial architectural guidelines that we can comply with for the mausoleum building. 2.8.3.5.3 2.8.3.5.5(1) 2.8.3.5.7.3 General Facade Treatment Building Massing Repeating Fagade Treatment 2.8.3.2 2.8.3.2.1 2.8.3.2.2 2.8.3.2.3 2.8.3.2.4 Project and Street Lighting Lighting Orientation and General Design Adjacent Property Shielding Fixture Height Project Integration 2.8.3.31-3 2.8.3.4 2.8.3.7.3 2.8.3.7.4 Service Function Areas Pedestrian Walkways, except 2.8.3.4.7 General !nterier I.andscape Standards Water Body Design Standards G:\userskBETS¥,,WP8'dVIISC\Memo to Bellows Re Palm Royale Cemetery Guidelines 111799.wpd EXHIBIT "C" MEMORANDUM AGENDA ITEM 7-C TO: COLLIER COUNTY PLANNING COMMISSION I~'RG M. t OMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: OCTOBER 31, 1999 PETITION NO: PUD-99-7, THE PRC&M PUD OWNER/AGENT: Agents: Mr. Bruce Anderson Young, Van Assenderp and Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida 34101-7907 Mr. Greg Smart Stuart & Associates 2180 West First Street Suite 210 Fort Myers, Florida 33901 Owner: Naples Vanderbilt Land Trust Mr. William Fitzgerald, Trustee 4099 Tamiami Trail North, Suite 305 Naples, Florida 34103 rd{ Q t rE_.hq'__[ D A CT I ON: ]h~s petition :,ceks !:: lla'.c the he;ore..described ',and r:zoncd dom "A" :\griculture and "E" Estates to a "PUD" Planned Unit Development to be known as the PRC&M PUD. GEOGRAPHIC LOCATION: The property is located on the South side of the Vanderbilt Beach Road (CR-862) and approximately 1-mile west of CR-951 in Section 4, Township 49 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed PRC&M PUD lists as a permitted use, a public cemetery, mausolemn, funeral chapel, and an administrative office. The subject PUD encompasses a !and area of approximately 25.5 acres, of which 20.64 acres is for the cemetery area while 4.42 acres have been designated for the Reserve Tract. The building and paved areas will encompass 1.94 acres along with 6.4 acres for the open space areas. The Master Plan indicates that the only access to the cemetery and accessory facilities will be from Vanderbilt Beach Road (a collector road). No ingress/egress is proposed from Cherry Wood Avenue, which c urremly serves as a local residential road serving the Estate zoned lots to thc south. In addition, the buffering, setback and architectural standards meet or exceed all requirements of the Land Development Code. , , J SURROUNDING LAND [;SE AND ZONING: Existing: The site is currently undeveloped and predominately vegetated with Pine fiat-woods, cabbage palms and native grasses. The property is presently zoned "A" Agriculture and "E" Estates. Surrounding: North - Vanderbilt Beach Road and partially developed residential; Zoned "Island Walk PUD" with an approved density of 3 units per acre. East - A drainage canal and vacant residential; Zoned "E" Estates. South- Cherry Wood Avenue and a single-family subdivision; Zoned "E" Estates at a density of 1 unit per 2 'A acres. West- Vacant residential; Zoned "E" Estates. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject cemetery site is predominately located within tb.e Urban-Mixed Use District, Urban Residential Subdistrict 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: Future Land I've Element - The cemetery area consists of approximately 21 acres that is designated lJrban Mixed Use District while the remaining 4 acre Reserve Tract is within the Golden Gate Estates designation. A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 units per acre. This district also permits certain nonresidential uses including schools, churches, cemeteries and childcare facilities. Therefore, the proposed PUD uses are allowed in the Urban Residential Sub-district. Since no uses are proposed for the approximately 4 acre Reserve Tract designated Golden Gate Estates, this petition is consistent with the Growth Management Plan. l:a('~:: Cjrc./rt~o,_'' _Fj~!~_¢~ - Thc Traffic lmpac: S*~atement (TIS) e~ti~v:,te; *he site<ener~ted ~ips to be approximately 121 average weekday trips. The proposed trips will not exceed 5% of the LOS "C" design volume on Vanderbilt Beach Road fronting the project after trip assignments and adjustments are made. In addinon, 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). The traffic count for this 2-1ane segment of Vanderbilt Beach Road fronting the project is 5.206 VPD that results in LOS "C". The mimmum level of service standard is LOS "D" for road segments east of 1-75. It should be noted that this segment is not projected to be deficient at the build-out of the project. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3 of the TCE of the GMP. Open Space Element - The acreage set aside for the lakes and water management areas, qualifying open space exceeds the open space requirements of the Land Development Code. In addition, as required bv Code, 25 percent of the viable native vcgeta[ion will be retained on site. A.4 a result, the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. _Other Applicable Element(s) - This review includes utilities and water management facilities. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinance 88-76. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is partially located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. As a result, no Historical/.~rchaeological Survey and Assessment or waiver is required. In addition, the State Division of Historic Resources indicates that they have no record of historic or archaeological sites occurring on the project site. Therefore, Section 2.2.25.8.1 of the Land Development Code requires the following condition: If, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all developrqent within the minimum area necessary to protect the discovery shall be immediatel3 stopped and the Collier County Code Enforcement Department contacted. _E_~]._ALU3 TION FOR ENVIRONMENTAL,~TRA_NSPORTATION AND INFRASTRUCTURE: The appropriate staff with jurisdictional oversight has reviewed the subject petition related to the above referenced areas of critical concern. This primarily includes a review by the Transportation Department staff and the Community Development Environmental & Engineering staff. The Environmental site inspection indicates that a majority of the subject s~te is Pine Flat-woods. The native vegetation requirement for this site may be accomplished by retaining 4.4 acres on the south side of the PUD. In addition, the Environmental staff has stipulated that the petitioner comply with tk, r requirements of the U.S. Fish and Wildlife (USFWS) and the Florida Fish and Wildlife Conservation Commission. The Environmental Impact Statement (EIS) was reviewed and approved bv the Environmental Advisory Council (EAC) on August 11, 1999. Approval ~tipulations f: om Co'cnty r~aff and EAC are contained within the PI ID document. 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 'he imp>:ct of the propose! ~and t~se change, bc they pt?ti~¢ ox negative, culminating in a '.,taft recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission. E~ch of :i-,e potentsal impacts or considerations identified during the staff review are listed under each of the criterion herod and arc categorized as either pro or con, ,ahichcver 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' & "B". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision- makers. The ex aluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related clements. DEC !3SS Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advises as follows: RELATIONSHIP TO FUTURE LAND USES: With respect to the matter of compatibility with the Future Land Use Element (FLUE), this is an evaluation whose primary focus is the compatibility of land-uses with land-uses permitted in the FLUE. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed with residential uses and non residential land uses such as da)' care ard community facilities that includes churches, cemeteries, schools, and parks. It should be noted that cemeteries are also listed as a conditional use within the Agriculture Zoning District. A conditional use is defined as a use that would not be appropriate generally or without restriction throughout a zoning district. However, if controlled as to the number, area, location, or relation to the neighborhood and promotes the public health, safety, welfare, morals, order, comfort, appearance, prosperity, or the general welfare, such uses may be permissible if specific provisions are made to ensure compatibility and the public health. Based on these criteria, staff is of the opinion that the proposed cemetery is basically a non-commercial open space land use. As a result, it can be deemed a compatible land use with the existing and emerging residential land uses along the Vanderbilt Beach Road corridor subject to additional landscaping and increased restrictions to the development standards. As such, the proposed PUD rezone petition does not create an isolated district that is functionally different from adjoining and surrounding residential land uses. Given that there are two Future Land Use Designations on the same site, the proposed petition acts as a transition fi.om the higher der,it'.' development to the north with the low-density residential development to the south. Consequently, the proposed PUD can be compatible with the conditions at large in the area. As noted above, the subject petition is consistent with the FLUE and other applicable elements of the Collier County Gro~vth Management Plan. RELATIONSHIP TO EX]STING 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 with the adjacent properties. The surrounding properties include the following land uses: To the north across '&x,_;erb?.i Bt ;,.:5 R~.' ~d is t}:e p~,r':.aily developed Island Walk c~.mnnuniW ,hat x~a~ approv?d at a density of 3 umts per acre. To the west and east are vacant Estates residential lots while to the south is Cherry Wood Avenue and the :xisting residential Estates single-family subdivision. In regard to the residential property to the south, the PUD Master Plan and Document provides a 145-foot deep Reserve Tract that will serve as a buffer between the cemetery and the Estate lots. Furthermore, staff is of the opimon that the cemetery is similar to the only other public cemetery in Collier County in that it also abuts residential development. It should be noted that the vacant Estate zoned land to the east and west is limited to the "Estates" residential zoning district at a base density of one unit per 2 'A acres. This allows a minimum setback of 75 feet from the front and rear pre. perry lines and a 30-foot side yard setback. These development restrictions and controlled access to the site will serve to protect the integrity of the adjacent residential community. Furthermore, staff has requested that landscape entry wall structure be placed along the property line with Vanderbilt Beach Road to improve esthetics along the roadway. In regards to the proposed 30-foot maximum building height, staff is of the opinion that two-story mausoleum be architecturally designed and consistent with the architectural standards contained in Section 2.8 of the Collier County Land Development Code. Traffic - The only vehicular access point is from Vanderbilt Beach Road that is designated ?s a ma/or collector road. In view of the adequate depth and sight distance along this road segment, the access point should operate with an acceptable level of safety and is subject to the Access Management Plan. The GMP consistency review indicates that approval of this petition is consistent with policies of the Traffi ~atatio_n Element. ~o.~ 4 Utility Infrastructure - All development must comply with surface water management requirements invoked at the time of site development plan approval, as the case will be for development of this land. Community Infrastructure and Services - The alternate ALF use is readily accessible to a whole range of community infrastructure that is enhanced by its frontage on Vanderbilt Beach Road and close proximity to CR-951. Shopping centers, business offices and medical offices of various specialties are all within a short driving distance. Urban development is underway in all directions from this PUD, which is an indicator, earmarking this site for development. ST:'~ FF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-99-7, the subject to the conditions of approval that have been incorporated into the PUD Document. PREPARED BY: RAY I~/LLO'¢, S, PRINCIPAL PLANNER .~IRRENT PL,~,rNING SECTION ~--N~- AICP, MANAGER CURRENT PL~G SECTION PLANNING q'JI%'!CE~ DEIL~ ~TMENT V~CENT A. CAUTERO, AICP, ~M~S~TOR COMMUNITY DEV. A~ E~IRO~E~ SVCS. z. ? ? DATE DATE DATE DATE' Staff.Report for November 18, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN STAFF REPO RI/P UD-99-7/RVB/rb FINDINGS FOR PUD PUD-99-7 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 develop~nent 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 patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area along Vanderbilt Beach Road. '51;e subject site is eligible in the FLUE of the GMP for nonresidential uses such as community facilities that includes a cemetery. Con: (i) Existing residents may perceive a cemetery, as an intensification near their neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence during a memorial service. This may also increase noise and pollution during these services, which may reduce property values. Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD d~,c~.,mcnt give ~su~,mcc that all infrastructure will be dex clopcd and be consistent. with County regulations. Any inadequacies that require supplementing the PUD document will be ~'ecommendsd to the Board of County Conunissioners as conditions of app~o'.':.l b-: stuff. Recommended mitigativn measures ,MI1 as:ure compliance with l_evel 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 the.¥ may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. ';"he PUD documcnt makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" e e Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) Not applicablc sin,re the projcct is deemed to be consistent with the Growth Management Plan. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth lX, Sanagement Plan. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow a cemetery on the ., subject site consistent with the Future Land Use Element (FLI_TE) of the Growth Management Plan. The site is currently designated Urban Mixed Use, Urban Residential on thc FLUE. A descr/.ption ..>f Urban Mixed Use District in thc FLLrE advises that residential uses are permitted along with certain nonresidential uses such as cemeteries. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide transitional intensity by providing a 145 foot wide buffer adjacent to the residential subdivision to the south. In addition, landscaping has been provided to buffer the ad.iacent properties from the cemetery or ALF use. Con: None. Finding: The PUD Master Plan h.~q been designed to optimize internal land use relationship ttu:ough 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. e 'l'he 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 is consistent with 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. ,~; ~ / DEC lq Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. e The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition proposes a cemetery that is deemed to be a compatible use with the adjacent residential uses to the west, east and south subject to increased landscaping. This project will not adversely impact any adopted level of service standard.~ Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. o Conformity with PUD regulations, or as to desirable modifications of such rcgt~!aqr~:~ in the pz~r~:,cul:~,r cast., based on de/e~tnh;,~tion ~hat such m,,di,qcati~ms are justified as meeting public purposes to a degree at least equivalent to literal application of such regulati,ms. Pro/Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards ~b:at would be resu;red for the most similar conventional zoning district. The de~ elopment standards in this PUD are similar to those standards. FINDINGS FOR PUD-99-7/RVB/rb 3 REZONE FINDINGS PETITION PUD-99-7 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 £.;iiowing, 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: i. The subject property is located within the Urban Mixed Use District - Urban Residential Sub-district which allows for a maximum density of 4 units per acre. It also permits nonresidential development such as cemeteries and ALF uses. ii. Development Orders deemed consistent with all applicable elements of the FLUE of thc GMP should be considered a positive relationship. Con: None SummaD' Findings: The proposed development is in compliance with the Future Land !'~¢ Elzment of the Growth Management Plan. This petinon is also consisten! with Policy 5.1 of the FLUE to the GMP. 2. The existing land use pattern; ~r_o/Con: Evaluation not applicvble. (a more detailed study is contained in thc staff report.) Summary. Findings: To the east and west are vacant Estate zoned properties. The site abuts residential land uses to the south (Golden Gate Estates) and Vanderbilt Beach Road to the nor-th. e The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is provides a transition from the single-family residential uses to the south with the Island Walk PUD to the north. EXHIBIT "B" 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 via its consistency with the Growth Management Plan. V~'hether 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 FLUE of the GMP. Con: None. Summary Findines: Land to the north is zoned Island Walk PUD and contains more intc:~sivc r._'sidcnliaI uses. h: addition, the boundaries are logically drawn by virtue that it is the only Agriculture zoned parcel surrounded on 3 sides by the Golden Gate Estates. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con' None. Summary_ Findings; Consistent with the Growth Management Plan. Ge Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The existing mixed use PUD to the north of the subject site contains single and multi-family residential uses while the adjacent property to the south are developed with single faanily and zoned Estates. (ii) Recommended mitigation actions (i.e. landscaping) made a condition of approval will go a long way towards off-setting any potential adverse influences on the residential communities to the north & south. Con: The cemeteo' during a ceremon5 could cause increased noise and iraffic r~ ~ ' impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings; The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. Whether the proposed change will create or excessively increase traffic congestion or create B'pes ol[traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property fronts directly on a public road (Vanderbilt Beach Road) thereby providing an access to the arterial/collector road network over which traffic from this PUD development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. Itowcver, law regulates tlfis de~ee of discomfort by concurrency requirements. (ii) In the short run construction traffic is necessary for development may be irritating to local residents. Summary Findings; Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a c(,,'~dition of approval (i.e. turn lanes, traffic sig~ als, dedications, etc.). 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. --~. 3 e 10. Con: (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary_ Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The maximum height for the permitted structures as provided for in the PUD will not significantly impact adjacent properties due to the increased setbacks. The overall development standards are compatible with the standards listed for the similar districts in thc LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Sure,naD' Findings; Ail 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: Typically urban intensification increases the value of contiguous underutilized lar~d. 11. Con: None. Summary Findings: This is a subjective determination based upon anticipated results tS[:t rn~y be internal or external to the subjec~ 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. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. 12. 13. 14. 15. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. The proposed development standards should provide reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent residential 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. Summary_ Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said plan. In ligl~,t of thi~ f~act 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. VChether 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 can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to r~a,~,n,i,c ti'~t: dc~,'~opment potc~tal of ~he site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the CounD'; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivision to the east may feel that the proposed change is out of scale with the neighborhood. Summary_ Findings: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed 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/Cola: Evaluation not applicable. Summa~' Findings; There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which ~vould be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the enviromnental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary. Findings: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of sera'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. :¥_u__mgpaD' Finding.s_: A m,.,iti-di.<ip!:ned ~eam responsible lbr jt:risdicttonal elements of the GMP has reviewed this petitions and have found it consistent with the GIMP. The conditions of approval hax, e been incorporated into the PUD docament. Staff reviews for ad~.quacy of pnb!ic sec'vices and leve~ of sen'ice determined that required infrastruclur¢ meets with GMP established relationships. REZONE F1NDINGS R-99-7/RVB/rb g2~mO~W~rrAL ADVI~IZy COU~'ZL .vW.~T~G OF ~U~'I~S~ 11. ~999 NAME OF P~ITFIO~R~; Petition No.: Pe~tlo~ Name: Environmental Co~c LOCATION: Planned Unit Developtmmt No. PUD-99-7 PR~ a Planed umt DeveSt Stuart and~ sy~ecok~c~ Atmy~ DKSCRIIq'ION OF ~O.__trt~D~, UqG PRQpERTlY~: The 5ubjc~ parcel is boixiered by Oolden Ga~ Esl:tu~ lols on three sides and by d~e d~veiopin~ Islandwuik PUD to the north of VMbd~rbilt Bench Rood exlensMt ZONING N- blandwulk PUD S - C,~14e~ C-e~es E.~mu-.s E- Gotden ~ ~ W - ~,Mden C~U:o EsUsns shzie fsm~~ ~ndm~Inr~ sijn26&lmdedAmo 11, 1999. . PRC.&M PUD document, prel~ by Stuart and Associa~, received STAFF CO~: (D=2) ~ The water management sys~m is ~ fix a 25 year 3 day sm~m event amd ~11 Environmental: TI~ majmi~ of the sit~ is a Pine flatwoo~ macle ~p of slash pin~ (Pinto ellim~'), cabl~[~ pndm (S.sl~i~lmetto). ss~pnhnn~ (S~'en~ nq~ns)-~ na~ir~eiXmaoL .M~lain~awmpmmml- t~ nndssm% 't'n~ n~-e v~ation ~ fix this ,~ is 2.~ (a nmmsmn ~ ~ ,--~). the a6dibonaJ 2 acres chn'in~ the Sil~ Develogmem Plan ~ ~ ~ soib on site am made up of two types; they aze .MaJab~ fine sand and Hoiol~w fn~ sand. M~labat fine sa.nd is c~tegorized by the NRCS as hydric so~ and is typically poorly dramo4 mil found ia slovgJ~ and poody ~fin~l ch-tm~e ways. The Hoiol~w fmc sand i~ abo · poorly druin~ soil ca~-~oriz~ ~s h~h'ic. RICQ~ATIONS: Wal~r ~ 1. ,. Replace SecUre 2.11 of the IR.rD ~ vith the foilowi~ lan~m$~" Pmmoa~ m ~ 3.9.~.5.3 of~ C~ ~ ~ ~~ ~ 25% of~ ~ ~ ~~~v~~(a ' ' of 6,4~~~~~ T~~~m~4.4 ~ ~~2 ~~~~ ~~P~" PP..EP,~m, ED BY: BARB~d{A S. ~N (7 SENIOR ENGINEER BY: DAT~ PUD-99-7 View of canal along the eastern property line. View north across Vanderbilt Beach Road. View along western property line. APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Commission District: Date Petition Received: Planner Assigned: ABOYL TO BE COMPLETED BY STAFF General Information: Name ot Applicant(s) Naples Vanderbilt Land Trust. %'illiam Fitzgerald. Trustee Applicant's Mailing Address 4099 Tamiami Trail North S 305 Cib' Naples State FL Zip 34103 Applicant's Telephone # 941-_6_-~0o4 Fax # 941-262-8307 :z. ~.e.: it: t,:u~.e \::dorsoli. Es. 4, ©rcg Stuart. ,,\ICi:' Firm: Young. Van Assenderp and Stuart & Associates \ :ent's Mailing ,Address: C it?v'State/Zi p: .Agent's Telephone ,5: Fax #: Varnadoe 801 Laurel Oak Drive Suite 300 Naples. FL 34101-7907 941-597-2814 941-597-1060 2180 West First Street Suite 210 Fort Myers, FL 33901 941 337-7176 941 337-2496 COLLIER COUNTY COMMUNITY DEVELOPMENT PL.:UNNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941 ) 403-2400/FAX (941 ) 643-6968 4PPIACATION FOR PUBLIC HEARING FOR PUD REZONE -5/98 PAGE 1 OF 1 Disclosure of Interest Information: If the property is owned fee simple by an hNDIVIDUAL, tenancy by the entireW, tenancy in common, or joint tenancy, list all parties with an o~vnership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership If the property, is owned by a CORPORATION. list the officers and stockholders and the ?erceata~e of stock owncd by eacl,.. Name and Address, and Office Percentage of Stock If the proper1)' is in the name of a TRUSTEE. list the beneficiaries of the Trust with the percentage of interest. and Pe,,'centnge of Naples Vanderbilt Land Trust William Fitzgerald. Trustee 405..9 Tamianfi Frail Nor'.h S,.xitc 305 Naples. FL 34103 ,2 See Attached O~vners List .APPLICATION FOR PUBLIC HEARING FOR PUD REZONE -5198 PAGE 2 OF 12 NAPLES VANDERBILT LAND TRUSTOWNERS LIST NAME ADDRESS % OWNERSHIP Edwin F. Boynton Dr. Krishna Bhatt Clarence H. Duesing William Fitzgerald David M. Hatwell Sh!rley Hettlinger Jack Howley George R. Kempton Joyce H. Kempton Jurgen & Hannelore Maier Douglas Masters Thomas 8.' Nancv McKimm Dietrich Muller James H. Pend]cton Ernst F. Reiss Robert Rohr Paul Slcger Stephen R. Tranovich Gary L. Trebi!cock Gerard T. Uht, Sr. }'mst-August Weiss 13342 Rose Wood Lane, Naples, FL 35119 1433 Whitewater Drive, Manitowoc, WI 54220 4811 Island Pond Court., # 1005, Bonita Springs, FL 34134 4099 Tamiami Trail North S 305 Naples, FL 194 Muirfield Circle, Naples, FL 34113 260 Lely Beach Blvd., #502 Bonita Springs, FL 34134 28 Falcon's Ridge Circle, Holmdel, NJ 07733 3991 Gulf Shore Blvd. N, #101, Naples, FL 34103 Same as above Kopperpahler Alice 81 A, 24119 Kronshagen, Germany 1829 Princess Court, Naples, FL 34110 ] g5~q 6th S~reet South. Naples, FI., 34102 Heckenweg 18-A, 53299 Bonn, Germany i 1472 Lo',vell, Overland Park, KS 66210 Oakmead Oxshott Road, Lehtherhead Surrey, KT22ODF, England 1 ! Downing Road, Hanover, NH 03755 12841 Chartwell Drive, Fort Myers, FL 33912 4811 Island Pond Court # 1003, Bonita Springs, FL 34134 1826 Pleasant Valley Road, Girard, OH 44420 6950 Verde Way, Naples, FL 34108 Postfach 2565, Bonn Germany, D53015 1.923% 1.923% 1.923% 61.63% 1.923% .9615% .9615% 1.923% 1.923% 1.923% 1.923% 1.923% .3846% 1.923% .48075% 1.923% .9615% If the property, is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below', including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: If anx contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address ')~ ate subject ptopcrt) acquired ( ) leased ( ): Term of lease __sr..'mos. If, Petitioner has option to buy', indicate date of option: and date option terminates: . or anticipated closing date __ APPLICATION FOR PUBLIC REARING FOR PUD REZONE -5/98 PAGE 3 OF 12 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 bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involxed 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: 4 Township: 49 Range: 2.8 and Outlot A of Golden Gate Estates Unit #95 Lot: Block:: Subdivision: Plat Book: 9 Page ~:45 Property,' I.D.#: See Attached Leeal Description Metes & Bounds Description: See Attached Size of property: approx. 833-ft. x approx. 1221-fix. Total Sq. Ft. Acres 25.512 Address/general location of subject property: Located due east of the intersection of kozan Blvd. and Vanderbilt Beach Rd.. and along the south side of Vanderbilt Beach Rd. Adjacent zonin~ and land use: Land Use N PUD S Estates E Estates W Estates Public ROW & The Island Walk Development of Regional Impact Golden Gate Estates Scattered Single Family Golden Gate Estates Vacant Draina=e Canal & Golden Gate Estates Vacant PAGE 4 OF 12 t,773 APPLICATION FOR PUBLIC HEARING I:OR PUD REZONE -5'9S Does the owner of the subject property, own property contiguous to the subject prope~'? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the A A~riculmre zoning district(s) to the Planued Unit Development zoning district(s). Present Use of the Property.: Vacant Proposed Use (or range of uses) of the properts': A Public Cemetery with associated ancillarx uses. If Florida State certification is not granted, then an Adult Livino_ Facility. EYaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier CounW Land Development Code. stafPs analysis and recommendation to the Planning Commission, and the P!~npin_~ Comp.~:: sio~:'~; recem'neadat;o? to the Beard :~f Ce,,htt Commissio~:~'rs sh~-dl be based upon cons;deratton 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. -- See Attached Zonin2 Just,fication Report Stanciard Rezone Considerations ~£DC Section 2.7. 2.5) l. Whether rite proposed change will be consistent with the goals, objectives, and policies and future land uze mat~ and the elements of the p'owih management plan. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. -XPPLICATION FOR PUBLIC HEARING FOR PUD RFZONE -5/98 4. lYhether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. ~tq~ether changed or changing conditions make the passage of the proposed amendment (rezone) necessary'. 6. IVhether the proposed change will adversely influence living conditions in the neighborhood. 7. ~hether the proposed change will create or excessively increase ~afic congestion or create O~es 2f tra~c ~7eemed incompatible with surrozmding l~d uses. became of peak volumes or projected ~pes of vehicular ~a~c, including activi~ during construction phases of the development, or othemvise ~ect public safeo'. 8. Whether ;he proposed change will create a drainage problem. 9. l.[7~ether the pr~?c, sed change will seriously reduce light and air to adjacent areas. 10. [i"hether the proposed change will seriously affect proper~ values in the adjacent area. j ]. ll'zj,~the; Ibc proposed chrmge ',,'il,; be a dete,w'~,t~t to thc i'~,roven;~'~tt or derelol~ment qf a~'acent properS' in accordance with exsting regulations. ]2. [Fhether lhe proposed change will constitute a ~'ant of special privile~ge to an individunl o~vner ax conlrc~sle~[ with the flz~blic ~ve~are. 14. I~71erhor H1e change sz~ggested if oz~z of scale with the needs o the nechborhood or the oozing'. ] 5. ;l'7~ether it is impossible to find oH~er adequate sites in the coun~.'for the proposeJ use m di3tricts a[rea4v ]Ter,:itIing such use. 12. The pkvsical characteristics of the property and the degree of site alteration which would be r, Vz,'irc~[ ,'t, ~,,~ai:~ thc/;toiler0 ,xsable fi~r any o/the range of pote~ttial ~la'e3' under ~e proposed zoning classification. ] ~. The impact of development on the availabili~.' of adequate public facilities and services consistent with the levels of ser~,ice adopted in the Collier Count); growth management APPI.ICA lION FOR PUBLIC HEARING FOR PUD REZONe-5/98 PAGE 6 0F plan and as defined and implemented through the Collier CounO' Adequate Public Facilities Ordinance [Code ch. JO6, art. 1_1}, as amended. 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. PUD.Rezone Considerations_(LDC. Section 2. Zi2.5t [he suitability oft area for the type and panern of development proposed in relation to physical characteristics of the land surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, Contract, or other instruments, or for amendments #7 those proposed, particularly as they may relaie to arrangements or provisions to be made Jbr the cont#~uing operation and maintenance oj 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 counn; attorne,~. 3. ConformiO' of the pro£osed PUD with the goals, objectives and policies of the growth management plan. Zhe interna~ and external compatibili~.' of proposed uses, which conditions may include resn'ictions on location of improvements, resn'ictions on desiring, and bEffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of ax'ailab/e improvements and facilities, both public and private. - The abilio: of the subjectproperty and of surrounding areas to accommodate expansion. Conjbr;m0 ~4.,~th PUD reg2datio~:s, or as to desirable modifications of such t egulations in the purticular case, based on determination that such modifications o f justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. %.PPLI(i kTION FOR PI BLIC HEARING FOR PUD REZONE - 5/98 PAGE 7 OF 12 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, ho~vever, ~:~;w 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 ~.i ~,'~ the request is affected by existing deed restrictions.- No Deed Restrictions are in place that hinder the requested PUD use. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this prope~' within the last year? If so, what was the nature of that hearing? - N__gQ Pubic Hearing has been held regardine this property within the last year. Additional Submittal requirements: In addition to this completed application, the following slqall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; -- A Pre-application meetine was held 6 January, 1999 at 2.30 with David Weeks and Ra~' Bellows. If this rezone is being requested for a specific use, provide fifteen (15) copies ora 24" x 36" conceptual site plan [and one reduced 8V=" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the tbllowing [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; -- See Attached · all existing and proposed structures and the dimensions thereof; · provisior~s :'or existing aha c,r proposed ingress and egress (including pedestrian ingress · ~'Jl cudo:in~ and, or propo>ed paikin?3 aiid loading areas lim;lude matrix indicating required and provided parking and loading, including required'parking for the disabled. · required yards, open space and preser~'e areas, · prcpo=ed location° fo~ utilities (as well a> ~nc~tion of existing t:tilit5' services to the site), · proposed and/or existing landscaping and buffering as may be required by the Counw, c. An architectural rendering of any proposed structures. -.N__o~t_A.p_plicable d. An Environmental Impact ~tatement (ELS), as required by Section 3.8. of the Land Development Code (LD C), or a request for waiver if appropriate. - See Attached ~PPI 1( -~. I'iON I- (.)R PI BI.l(' HEARING FOR PUD REZONE - 5/98 PAGE 8 OF 1._2.. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved per LDC Section 3.9.5.5.4.).- See Attached f. Statement of utility provisions (with all required attachments and sketches); -- See Attached A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; -- See Attached A historical and archeological surYey or waiver application if property is located within an area of historical or archaeological probabili~' (as identified at Preapplication meeting); -- See A~r~ched EIS Any additional requirements as max' be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to an3' required state or federal permits. A__ppL__JCATIQ~yv_OR PUBLIC HEARING FOR PUD REZONE- 5,'98 PAGE 9 0FI2 From: Greg Stuart To: DaVid Underhill/Atten Greg Date: 4/1/99 Time: 9:35:00 AM Page 2 of 2 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Naples Vanderbilt Land Trust. William Fitzgerald. Trustee MAIIANG ADDRESS: 4099 Tamiami Trail North Suite 305 CITY Naples STATE FL ZIP 34103 ADI)RESS OF SUIMECT PROPERTY (IF AVMLABLE): Not Available LEGAL DESCRIPTION: -- See Attached Section:__4_ Township: ~_9 Range: 2_8_ Lot: Block: Subdivision: Pla~ Book: 9_ Page #: 45 Property ID # See Attached Legal Description Meles & Bounds Description: ~e_e__,Mta_c_he~d ~ '1 Y PE GE SELVAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. Ct)UNTY U'FILITY SYSTEM - For Secondary Usc :kLF b. CITY UTILITY SYSTEM c FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACK&GE TREA~Ni- PLANi ((;PD capacity) e. SEPTIC SYSTEM - For Cemeten' ix] I1 11 [Xl TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM o. Cll 5' t' lilt IY SYSTEM c FI~,NCHISED UTILITY SYSTEM PRc?.VIDE N ~,\[E ,I. [ \( 'lx.k(,l. 1 REAT.MENi PI,~N~r (GPD capacity) PRI\ AI'[': S5'STEM t~VELL) APPIACATION FOR ! UBLIC HEARING FOR PUD REZONE - $98 PAGE 10 0F 12 Fro,n: Greg Stuart To: David Un(ledill Date: 3/31/99 Time: 1:32:56 ~ Page 2 of2 TOTAL POPULATION TO BE SERVED: Cernctcr~ ~_68 (chal~l s~rviccs administration and maintenance); .~LF 2. 450 DUS PEAK AND AVERAGE DAILY DEMANDS - For Cemetery: A. WATER-PEAK 1260 GPD AVERAGE DAILY 340 GPD B. SEWER-PEAK 1920 GPD AVERAGE DAILY 480 GPD PEAK AND AVERAGE DAILY DEMAN-DS - For ALF: A. WATER-PEAK 207.000 GPD AVERAGE DAILY 51,750 GPD B. SEV~'ER-PEAK 207.000 GPD AXrERAGE DAILY 51,750 GPD and 10. 11. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQI.rlRED: 1/2001 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 thc method of affluent and sludge disposal, ff percolation ponds ag to be used, then percolation data and soil involved shall be provided from t~sts prepared and certified by a professional engineer. COLLIER COU:~-rY UTILITY DEDICATION STATEMENT: ff the project is located within the services boundaries of Collier County's utility service system,, ~itten 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 statchxcn~ shall also include an agreement that the applicable system development charges and connection fc¢~ x¥ilt be pa~d to thc Count5 Utilities Division prior to the issuance of building permit; .~v thc CoRot,'. If applicable, the statcm,m~' acaicate thc appropriate utilit.~' easements ibr serving thc x~ater and se~er systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: [,'rtlcss w~ived o~ othcr,~'~?~ i':'~'ided tbr at thc pre-appi~cati~n n'cet:n£, if~hc pre>jest is to receive sewer or potable water services from an5' pro'~ider other than the Count5.', a statement from that prcvider indicating thzt there ts adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGEll OF 12 j Stuart To: Asa W. Cancller Date: 3/3199 l~me: 4:43:20 PM Page 5 of 5 AFFIDAVIT ~ describcd hcrcm and which is the subject matter of the proposed hcaring; that all thc answcrs to thc questions in this application, and all sketches, data and othcr supplemcntary matter attached to and made a part of this application, arc honest and true to thc best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit Asa W. Candler, Crrel~ Stuart, AICP and Bruce Anderson, Esq. (Agents Name) to act as my representatives m any matters regarding this petition. SIdS^r ewer COULNTY OF ~. ~ 1991~ by UJ I t }1~ P,~ ~} 4 7~-'i~ t~ ,~.who is personally ~own to me or who has produced Identification and who did (did not) ~ke an oa~. (Si~amre ofNomu ~bhc) NOT~Y PUBLIC STATE OF FLORIDA C.O~24¥Y OF I'he fm'egoing Agreement Sheet was acknowledged before me ttus day of ,1998, by , who is personally known to me or who ha~ produced as identification and who did (did not) lake an oath. (Signature of Notary Public) NOTARY PUBLIC Commission ti My Commission Expires: ~art To: Asa W. Canciier Date: 3~1/99 Time: 2:28:38 PM Page 1 of 2 / COLLIER COUNTY UTILITY DEDICATION STATEMENT I, William Fitzgerald, Trustee, being duly sworn, depose and say that I am the owner of the property described herein, agree to dedicate to Collier County Utilities/he water distribution and sewage collection facilities within the project area upon completion of the conslruction of these facilities in accordance with all applicable County ordinances in effect at the at time. I agree that the applicable system development charges and connection fees will be laid to the County Utilities Division prior to the issuance of building permits by the easements, if needed, by the utility company. STATE OF FLORIDA COUNTY OF ~ Count~ and will S 1/PoN~ ( '"'T'~ S ~ c'c. rant appropriate utility The forgoi.rkg Agreemegt S~heet was acknowledged before me this ~3 day of ~1 t~ ['~.~,q , 1999, by ~)i III ~OA ¢. ~i~c,~r~td , who is ersonally known to me Or who has produced /_~ -as Identification- P and who did (did not) take an o ..... NOTARY PUBLJ[C Conunission # [t~ ri ~,~.~ My Commission-Expires: Tl~e Naples Vanderbilt Land Trust Legal Descriptions Parcel 1 The west half of the northwest quarter of the northeast quarter of the northeast quarter of Section 4, Township 49 South, Range 26 East, less the north 30-fi thereof, Collier County, FL. Collier Co. Property # 0028240000/4 Parcel 2 The east half of the northwest quarter of the northeast quarter of the northeast quarter of Section 4, Township 49 South, Range 26 East, less the north 30-ft thereof, Collier County, FL. Collier Co. Property # 0028244000/4 Parcel 3 The northeast quarter of the northeast quarter of the northeast quarter of Section 4, Township 49 South, Range 26 East, less the north 30-ft thereof, Collier County, FL. Collier Co. Property # 0028228000/4 Parcel 4 Outlot A, Golden Gate Estates Unit #95, According to plat thereof, recorded in plat book 9, page 45, public records of Collier County, FL. Collier Co. Property # 4183300000/3 i. STUART AND ASSOCIATES Planning & Design Services Memorandum Date: To: From: RE: CC: August 26, 1999 Bruce Anderson, Esq. Greg Smart, AIC~ P R C & M PUD Environmental Advisory Hearing Asa Candler Water Quality and Ground Water Issues: Issue/Questions Commentary & Presentation Where will the graves be located? What may be expected from water (reality ~ow values originating around the gravesites? How deep are the graves and ;s ~te, ;. g,.-otmdwater contact potential? How many graves? What is the current 2180 West First Street, Suite 6'503 · Fort Myers, FL 33901 Voice (941) 337-7176 · Fax (941) 337-2496 · E-mail Designer~Cyberstreet.con~ Refer to the Master Concept Iljustration Plan; the plan depicts all plots to be located north of the 4.4 native conservation tract. The plan iljustrates 8% paved surface. 8% lake area. and 84% open space. Little if any change from pre-existing water quality conditions. Graves arc to be set x¥i~'nin concrete :'av. lts and thus are completely encased. According to Kewn McCo, mac of thc EPA (Phone # '202 260-7772) ground water quality cemetery issues were fully examined in1989 (10/20/89 Matrix For Discussion). Environmental Protection Agency findings succinctly were that cemetery uses present Iow human health impact potential. This finding contrasts with. gas stations characterized as being ranked high for human health impact potential. - Refer to the Site Cross Section Plan Graphic; graves range from 4-ft. ,o 6-fl. A 2-ft to 6-fl cap rock sheet separates subsoil from the water table aquifer. A Bonita Springs Marl confining bed at approximately 35-fl. separates the water table aquifer from the Tamiami Aquifer. It is important to note that, because of superior water quality and less fluctuations, the Tamiami Aquifer is the source of most individual wells and public potable wells. Two confining layers separate this aquifer. Finally, typical individual potable water wells are at 40-ft. and deeper. Hence, it is reasonable to expect no impacts to groundwater resources due to the project. Florida's Certificate of Need permits up to 1200 per acre. No decision has been made pertaining to the number of sites. '- . ../.~ For public monitorinl~ wells, the nearest distance is app~x...~A distance to nearest well? Private wells drawing down the cemetery water field issues. Surface area to be flooded and general drainage outfall issues. Embalming Substances? ALF Site Plan Lake Location and Surface Water Management Plan Spec;al C: nditions for i-'e~tlcides a~',d !':¢i'~:ihzers GS/mww/99.001/hearing I .doc west and along Vanderbilt Beach Rd. (CO - 661): private water well locations are unknown. Little feasible potential for private wells to tap into the projects "water field" -- (1) with vaulted sites ranging from 4-ft. to 6-ft. to a confining cap rock, surface water and upper water table ground water is isolated; (2) any adjoining well's cone of influence will be inhibited by the project's surrounding canals; and (3) the 35-ft. plus . · Tamiami Aquifer confining layer relatively isolates individual well cone of influence. Sheet flow currently is to the southwest. Drainage canals surround the site so no off-site/through-site sheet flow exists. This fact eliminates any potential surface water quality and quantity problems. Post-development will detain the first 1" inch/24 hr. for water quality. Additional water quality treatment will be within Aquascape drainage swales. The 2-acre plus lake will be the receiving and attenuating body. Project is designed to accommodate a 25 year, 3 day storm event. Outfall will be into Vanderbilt Beach Rd. or Harvey Basin Canal. Can only speculate but perhaps formaldehyde. Formaldehyde is a colorless strong smelling gas that evaporates in air at room temperature. It is widely used to manufacture building materials and household products (adhesive resin in pressed wood products). O:l,er uses are in glues, wood products, permanent press fabrics, paper product coatings and certain insulation materials. ~'(~:mqdehyde is a normal sub?;tance fo~.::': J i~Goc)rs at:ti ~doors at low levels (less that 0.6-PPM). At or above 0.1 PPM, health problems may occur (eye irritation, skin rash, etc.). Do not have a specific ALF site plan at this in that it is serving as a backup use ifti~e CON is not obtaineO. Refer to the Application MCP and Surface Water Management plan. _ Site is unio. uely suitable for the proposed use due to hydrology (surrount~ed by peri~neter canals that provide positive ouffall and serve as offsite flow barrier) and geology (features two confining layers, the first a 6-ft. cap rock and the second a 35-fL Bonita Springs Marl). Low pavement surfaces (85% open space) service to limit surface water contamination. Shallow swale pretreatment witl-~ 6-fi soil storage serves to address the fertilizer issue. The plan will meet FAC 17-3, 1740 and 40E4 Rule compliance. Finally, the existing to design grade elevation is 12-fi~ to 16-fi.; the project will have up to 6-ft. of soil column for storal~e. pc_, 10.5O 525.00 Lynda L~e ~rr~/, a single w~man ~ day of , A.D. 19 ~, by called th~ ~ran~ee, w~se post office address is: 5170 IC~_~ A~nue S.~.<. Nap!e.g. F'L 33999 WI,"%r~S~i~: .%hat ~he gran~or, for ar~ i~. cmmsiderat/on of the sum of $i0.00 ar~ or~r vaiuabl=. ~-~slderati~ns, r~ce~pt 'whereof is km_reoy ~led~ed, .he_r~fDy gr~n~s, l~nd situate i~: C~llier Count'y, Florida, viz: (Folio #:00282400004 The ~esI c~-.h~f (W 1/2) of ~ Nor'~:,,~: cr~~ (NW 1/4) of the NorT~aSt one-~,=_arTer (N~ I/4) of r. he Nor~s~ c~-qua~--~-r (NE 1/4) of Se~i~n 4, T~,ru~hip 49 SOUr. h, Rathe 26 .East, Collier Court%y, Florida, les.~ the. Nor-~h 3C fee~ thereof. t. he ~r~_nT.~, bm~itan~_n=s a~ appurten=nr~i~s t_he-~_to belo~/~ or TO }{AVE AND TO ~DLD, t_he ~ in fee sin%Dle forever, i~ ~ will ~f~ ~ ~ ~ ~ 1~ cl~ of ~ ~ wh ~ 31, i993, ~ ~~, ~i~ ~ ~a~ of ~ 2:- 17-1999 B: 28Pt'I F~:Oi' 1 THIS DEZD, made this day of , 19 , by COLLIER COUNTY, a political subdivision of the State of Florida,--~-aving a mailing address of 3301 Ea$~ Tamiami Trail, Naples, Florida 34~!2, hereinafter called the 6rantor, to L.I. Smith and Fred B. Williams, an undivided interest, having a mailing address of 5170 IOth Avenue SW, Naples, FL 34116, hereinafter called ~he Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the par~ie$ to this ins~rumen~ and the heirs, ~egal repre~entat~'le$ and assigns of individuals, and the successors and asslgns of c$rporations.) WITNE$SETH that the Grantor, for and in consideration of the sum cf Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, ~argained and sold to Gran~ee, kis heirs and assigns forever, the following described land lying and being in Collier County, Florida: Ail of Tract A, Golden Gate Estates, Uni% 95, acccrdin~ 5o the plat thereof as recorded in Plat Book 9, Page 4~, of Eke P'~lic Records of Col'leo Ccc~y, Florida. IN WITNESS WH'~REOF the said Grantor has caused these presents to be executed in its name by its 5oa~d of County Commissioners acting =y ~ne Chai:man or /ice Chairman c~ sal~ Board, t~e day ~.~2 yeor aforesaid,. . ~OARD OF COUNTY CO.~4iSSIONERS COLLIER COUNTY, FLORIDA / /~//--_~.~/'/.:' _.~----~. yN C. NORRIS, CHAI~L~.AN ($~3) 77~-~400 2'- I 7- 1999 S: 2°~PM FRO~' 1 / Made thi%/ day of December , A. D. 19 87 BETWEEN s~ J. GeLDiNG aRd JOY~ F.COLDIN~, hugband and , part les of the first part, and · whose post office addross is of the County of Collier , in the State of Florida L. I. SMITH of the County of Collier , in thc State of Florida 5170 10th Avenue-SW, Naples, FL 33999 Dar~ y of the second pa~, [~ O ~ ~ ~K~ AND NO/100 ......................................................... Dollar, to them in hand piid by the s~id pan y of the second para, the receipt whereo~ is hereby acknowledged, ha ve granted, bargained, and sold ~o the said pa~u of the sccond part, 'his hei~ a~d assigns forever, the following described land, situate, and being in the County of Collier , Stale of F~orida , to-wit: T~E EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, EASEMENTS FOR PUELIC ROAD RIGHT- OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND OVER ~ND ACROSS THE WEST 30 FEET TH~REO?, SAID LANDS SITUATED, LYING ~ND BEING IN COLLIER COUNTy, FLORIDA. SUBJECT TO EASEMENTS, RES.xIC..ONS AND RESERVATIONS o? RECORD. And the said part les of the first part do hereby fully warr,~nt the ti~.le to sa:d land, and '~'i!) defend the same ag.,:nst the lawful claims of al! persons whomsoever. ~(n ~/trtrS~ ~I~er~of ........ S;gned, ~ealed and delivered in the presence of: ! /, ;/'" -a'X t b/Sam. W~;ness ~: ,. J :" C'6T~i'~.g ............ ................................................... ...................................... > .... :.:'..x-, ................................ W iL.".e ~$ .................................. ~,'{tn'ei~ ................................... :-.~ ................................................. ~6 ~ a.~... F :.~ I.aT ~.:' .:. ....................................... Wi~css ~,. ?, STATE OF F'- ORIDA ) COUNTY OF COLLIER ~ I HEREBY CERTIFY thal on ~h:s da)'. before me. an oificer duly authorized in the State aforesai~ and in the County Mores:id to take acknowle:~gments, personaL~v appeared ~ J. COLDING and JOYC~ F. COLDI,G, H~$ban~ and wi~e, . {o mc known to be the pe~on s de.rind in and who executed the foregoin: mjt~ment and haw ~(ore me that they execute~ the ~me. / -~ ASSOCIAT[D LAND TITLE GROUP INC. [/ 7 ............................... ~"-'" ~;~"eh~i';; ..................... ~'2 ........... Sandra R. W~ll, {SE~L~/ ..... '' ~ ~-~ 6 5, '~ ~ 0,z_O_~_cor~deracion 0.O0 recording 1 ':%15S W~2~ DE~ ~ ~e 5 21stOol , ,January , ;;. ~. Graham, individually and as ~rustee of the W.F. Graham 2evoca$le Trust and Eula B. Graham, individually and as trustee of L=r<.ln;Juer c~led ~'~e gr~tor, to ~he ;;.?. Graham RevocaSle F=ed B. Wi!liam~ as to an undivided 1/2 interest and Lemuel I. Smith, Jr. as to an undivided 1/2 interest ;.=zein~er ~I~ ~e gr~tee, w~ ~s% o~fice ~s ('~erever used herein the =erin "grantor" and "grantee" include all the par=ies to this in$:r~,-~nc ar~ the heirs, legal repre~entar_ives amd assigns of individuals, a~ '-he successors and assigns of corporation.) :;!72~ESS~-~IS.~: That ~-~.e grantor, for and in coPmideration of t~he s'~ of $10.00 and otis. er ':alu&Sole considerations, receipt w~mreof is here~5' ackn~ledged, ~mreby gr~n~s, ~rga,ins, sells, aiier~, revises, re!ease.~, conveys ar-x5 cocFirms un=o r~he ~rantee, a~l =hat certain '?.:'~ uituate in Collier__ CcxLn=y, ~!orida, viz: The Nor=heas~ Quarter of the Nor:heas= Quarter of the Nor=beast Quarter (NE 1/4 NE 1/4 NE 1/4) of Section 4, Township 49 South, Range 26 EaS~, Collier County, Florida. · .-C, F_k%=~ ;..~ 7C ~, ~e ~m ~n fee simle forever. c%:us~ cf said !ae~ i~ fee si~!e; tha= ~e grater h~ g~ right =~d lawful authority Lxr.d e~.d 'will d~fe~ ~e ~ aga;ns: the lawful cla~m~ of ~1 ~rso~ wno.~-,'er; ~d -:'.:u caid !and is free of ~ e~r~ces, exc~ taxes accruing s~s~quent :o No. i Tommi~"%/: Sisk W.F. GP~AHAM, iNDIVIDUALLY AND AS TRUSTEE ,., ,~ & EULA B. GKAHAM, iNDIVIDUALLY AND AS TkUSTEE b..~ Cawaission Expires: l%t, tu~ to preparer: .r k~ :Ri~Y C~R~IFY that on r. his day, before ~, ~ officer d~Z au=hori=ed in ~e S~a=e and C~nuy ~ore~id to ~e ~l~g~n~s, ~rso~ly ~ar~ W.F. G~HAM, i:'.DIViDUALLY AND AS TRUSTEE & EULA B. G~HAM, INDIVIDUALLY AND AS TRUSTEE to m~ kn~, ~o ~ the ~rson(~) ~9%~ri~d in ~ who execut~ ~ne for~oi~ in~n~ ORDINANCE NO. 99- AN ORDINANCE A~MENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COU,'NTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER GGEI9; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTUKE AND "E" ESTATES TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PALM ROYALE PUD FOR A PUBLIC CEMETERY WITH ASSOCIATED ANCILLARY USES OR AN ASSISTED LIVING FACILITY AND/OR GROUP CARE FACILITIES (CATEGORIES 1 & 2), LOCATED ALONG THE SOUTH SDE OF VANDERBILT BEACH ROAD IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 25.5--- ACRFS: .~N'D BY PROVIDING AN EFFECTIVE DATE. Wq-IEREAS, Bruce Anderson. Esquire. of Young, Van Assenderp and Vamadoe, representing Naples Vanderbilt Land Trust, William Fitzerald, 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 c Collier County, Florida: SECTION ONT: The -nnin? classification of the herein de3cfihed real ¢roperl"y loc,oted in Section 4, fownship 49 South, Range 20 Ea>t, Colher County, Florida, is cimnged from "A" Rural Agnculture and "E" Estates to "PUD" P]mmed l'nit Development in accordance with the Palm Rovaie PUD Doc,m~em, attached hereto :is Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number GGE19, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Iris Ordinm~ce shall become effective upon ';'~'ng x~,ith ti,c Depml-ment of State. -2.- 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 ATTEST: DWIGHT E. BROCK. Clerk BY: PAMELA S. MAC'K1E, Chairwoman Approved as to Form and Iegal Sufficiency Marjorie M. Student Assistant County' Attorney g/admin/sue,' PUD-90-7 ORDINANCE~ -2- Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The PRC&M Planned Unit Development Prepared by: Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Florida 33901 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION ONE SECTION 'rvvo SECTION THREE SECTION FOUR ~ECTION FIVE Property Ownership & Description Project Development Community Facility District Reserve District General Development Commitments 3 4 5 9 11 13 LIST OF EXHIBITS EXHIBIT "A" c~UD C~metery Master Plan 16 STATEMENT OF COMPLIANCE The development of approximately 25.5+/- acres of property in Section 4, Township 49 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The PRC&M 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 PRC&M PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located along the Vanderbilt Beach Road Extension, between Logan Blvd. and CR 951. Vanderbilt Beach Road extension bounds the property to the north and to the south by Cherrywood Drive. The property is classified as Mixed Use Urban Residential and Golden Gate Estates Mixed Use Residential, as identified on the Future Land Use Map. The Mixed Use Urban Residential Future Land Use Element permits Community Facilities, including cemetew uses in this area. o The Golden Gate Estates Master Plan of the Future Land Use Element permits Open Space and Park uses in this area. Along Cherrywood Ddve, the site utilizes the Golden Gate Estates Outlet "A" for open space and buffering for the estates residential area to the south. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and Policies 2.2, 2.3, 2.4, 2.5 and 2.6. The site is well located to provide for a community facility use for the emerging North Naples community. lP,,~ ,~';,-:,,;'~,., ', d,;,'eL.1,,n~?'~, promotes sound oldqnir~g and e~sures !and us;~. oorr'?atibitity as required by Objective 5 of the Future Land Use Element (FLUE). The cemetery development presents a needed community facility characterized by a Iow level of urban development intensity and park like open space, along with a Iow demand for urban services. As such it is compatible with and complementary to existing and future surrounding residential land uses to the north, south, east and west as required by Policy 5.3, 5.4 and 4.1 of the FLUE. 5. The project shall be in compliance with all applicable County regulations including the Growth Managemen'~ Plan. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. o The PRC&M PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Obiective 1.5 of the Drainage Sub-Element of the Public Facilities Element. A complete range of services and utilities as approved by the County will serve t~e prOj~e~_/ SECTION ONE PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 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 name of The PRC&M PUD LEGAL DESCRIPTION A parcel of land located in Section 4, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Parcel 1, the west half of the NW ¼ of the N.E. ¼ of the NE ¼ of Section 4 - 49 - 26, less the north 30-ft. thereof, Collier County, FL Parcel 2, the east half of the NW ¼ of the N.E. ¼ of the NE ¼ of Section 4 - 49 - 26, less the north 30-ft. thereof, Collier County, FL Parcel 3, the northeast quarter of the N.E. ¼ of the N.E. ¼ of Section 4 - 49 - 26, Collier County, FL Outlot "A" of Golden Gate Estates Unit No. 95 (Plat Book 9, Page 45), Collier County, FL Containing 25.516 acres, more or less. Subject to easements, reservations or restrictions of record. P__[,oPg&'rY OWNgR,~HIP The subject property is currently owned by William Fitzgerald, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA Ac The subject property is located along Vanderbilt Road Extension of unincorporated Collier County, Florida. The subject property is located within the Mixed Use Urban R,.~.s~d~.ntial ~md the Golden Gate Estates Mixed Llse Residentia! future lahd use classification, as designated on the Future Land Use Map. The property is currently vacant. The site currently has Agriculture and Estate zoning. PROJECT DESCRIPTION The PRC&M PUD will include as uses by dght cemetery budal area, funeral chapels, mausoleum, administrative and management buildings and facilities. 4 1.6 SHORT TITLE This Ordinance shall be known and cited as the "P R C & M Planned Unit Development Ordinance." SECTION TWO PROJECT DEVELOPMENT 2.1 2.2 A. 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 PRC&M PUD shall be in accordance with the contents of this document, The Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect and required at the time of local final 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. 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 co~ditions ~mposed and graphic material presented depicting restrictions for the .de'celt, ~me;~,t cf The F'RC&,~I PUD shall beo~me pa;t of the regulat;3ns that g(;ver,~ the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulabons, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Develupment Codt. at [he earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 6 2.3 PROJECT PLAN AND PROPOSED LAND USES 2.4 2.5 2.6 2.7 A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within th!s 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 pdor to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing p~;.-p,~.tual m~ir~tencnc~ ,.;f corr,.'nor~ faoiiiti~s. 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 Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. ?.8 DEDICATION AND MAINTENANCE OF FACILITIES 2.9 2.10 2.12 2.13 The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross, area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 25.5 +/- acres requiring a minimum of 7.65 acres to be retained as open space throughout The PRC&M PUD. This requirement shall not apply to individual development parcels. NATIVE VEGETATION RETENTION REQUIREMENTS 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 (a minimum of 6.4 acres) shall be retained. The Reserve Tract has been designated to preserve 4.4 acres; the remaining 2 acres shall be identified at the time of SDP submittal. POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, if the property is developed for Adult Group Housing Uses, accommodation shall be made for the future use of building space within common areas polling place. Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. [.-A K~. SE _T_B_A_CK AN_D E~AV_.A_ The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The PRC&M PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.14 EXCAVATION AND VEGETATION REMOVAL No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted from a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. Bo A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site-clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: r:.,'~n c:,.,~l c;f ~xotic veget~ti~ ;s ¢,arm!tted tJpo:~ ~sceipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: Provision of a site filling and grading plan for review and approval by the County. b. Provision of a revegetation plan for review and approval by the County. c. Payment of the applicable review fee for site alteration plan review. Site filling exceeding 25 acres to propedy utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a° A site-clearing plan shall be submitted for review and approval that._ shows the acres to be cleared. A minimum of 25% of th~ natural functioning vegetation shall be retained. , ;:-~z3'.). The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yeady maintenance cost and a time specific schedule on completion of the revegetation work. do The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code has been met. 10 SECTION THREE COMMUNITY FACILITY DISTRICT 3.1 3.2 3.3 The purpose of this section is to identify permitted uses and development standards for The PRC&M PUD designated on the Exhibit "A", PUD Master Plan. GENERAL DESCRIPTION Ao The area designated as "Community Facility" on the Master Plan is designed to accommodate a cemetery, essential services and customary accessory uses. The approximate acreage of the "Community Facility" district is 20.64 acres. Actual area of the development tract will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. The Community Facility tract is designed to accommodate internal roadways, lift stations, open spaces, lakes, water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES ;'I~? building or structtJre or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A Permitted Principal Uses and Structures 1. Administrative Offices 2. Cemeteries and mausoleum 3. Funeral Chapeis 4. Parks, noncommercial recreation facilities, open space uses. Any other community facility use which is comparable in nature with the foregoing uses including buildings for service and office purposes consistent with the permitted uses and Purpose and Intent statement of the "CF" Community facility district. 3.5 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory, essential and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: Eighty (80) feet, as measured by the exterior project lines. C. Minimum yard requirements: ~, Front yard: Twenty-five (25) feet. · Side yard: Fifteen (15) feet. · Rear yard: Fifteen (15) feet. ,, Any yard abutting a residential parcel: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be twenty-five (25) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: For the Cemetery On-site Chapel, the parking will be one space per 150-ft for room used for service with internal cemetery driveways to be used for spill over on-street parking. All other parking as :'ea,!ired i~'~ D:'/ision 2.3. F. Minimum floor area of principal structure: One thousand (1000) square feet gross floor area for each building on the ground floor. G. Maximum height: Thirty (30) feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave. H. Signs' As required in Division 2.5. I, Cemetery Internal Driveways: The non-platted cemetery internal driveways may be designed at a min. 14-ft paved section standard. J. Landscaping and Performance Standards: Except as provided herein, as required iq Division 2.4 Artedal Rd, Buffer Canopy Tree Plantings - 25-foot off center (approximately 48 trees); may be cjustered 2. Arterial Rd. Buffer Canopy Tree Planting Height -- 100% @ 10-ft. talI ]2 3. Arterial Rd. Buffer Shn~b Plantings - 18" to 36" off center; Double staggered hedge @ 24"; 3-ft. within one year 4. Arterial Rd. Buffer Landscape Accent Planting Beds -- One 200 sq.ft, planting bed every 250-ft; may be cjustered 5. Vanderbilt Beach Road Land~;cape Berm -- Vaded Landscape Berm from Min. 3-foot to 5-foot landscape berm @ 3:1 slope 6. Vanderbilt Beach Road Landscape Buffer Width -- Varied Landscape and Lake Buffer @ Min. 25-ff. to 125-ft. Wide ¢) 7. Vertical Memorial Setbacks -- Min. 115-ft Vanderbilt Beach Rd. ROW Setback 8. Mausoleum Building Setback -- Min. 275-ft Vanderbilt Beach Rd. ROW Setback; Min. 115-ft. NW 7t" Ave. ROW Setback Golden Gate Estates Landscape Buffer Width -- Min. Slash Pine Reforestation 10 Trees per 100 Linear Feet (cjustered) at min. 10-ft. in height at installation and a continuous native hedge. 10. Memorial Gardens South Boundary_ Interior Tree Planting Buffer- Min. canopy tree plantings 25-ft. off-center at min. 10-ft in height at installation, at the southern edge of the intedor development area. SECTION FOUR RESERVE DISTRICT 4.1 4.2 4.3 PURPOSE The purpose of this section is to identify permitted uses and development standards for the area within The PRC&M PUD designated on Exhibit "A", PUD Master Plan as Reserve. GENERAL DESCRIPTION The area designated as Reserve on the PUD Master Plan is designed to accommodate conservation and limited water management uses and functions. The primary purpose of the Reserve District is to conserve the 4.42 acre native open space tract, to provide an open space site amenity for the enjoyment of The PRC&M PUD, and to provide a native vegetative buffer for adjoining Estate residential properties. PERMITTED USES AND ~TRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Nature trails, excluding asphalt paved surfaces. Water management facilities, structures and lake bulkheads or other architectural treatments. C. Mitigation areas. Any other conservation and related open space activity or use which is comparable i~ nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. The listed permitted uses and structures may be allowed as long as they do not require removal of native vegetation or evidence can be provided that the minimum 6.4 acres of native vegetation has been preserved on site. ]4 4.4 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The PRC&M PUD shall be responsible for control and maintenance of lands within the Reserve District. SECTION FIVE GENERAL DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 5.4 PURPOSE The purpose of this section is to set forth the standards for development of the project. GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations r31adng to the subdivision of the land, except when specifically noted or otherwise set forth In this document, or as otherwise approved by Collier County. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be cor~strued to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the ?rovis~o~l'~ of S~,~;t[ori '2. ? 3.'; of tl',e Collier County Land Developm~ilt Code, amendments may be made from time to time. ,&Il necessary easements, dedications or other instruments shall be granted to ensure tile con[inued operation and maintenance of all service utilities and all common areas in the project. WATER MANAGEMENT Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. Bo Detailed paving, grading and 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. In accordance with the Rules of the South Florida Water Managemer[t Distd_c.t,,/~ J (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designe~l for a storm 16 ! ? Eo event of S-day duration and 25-year frequency in a manner that accommodates existing, pre-development conditions at the time of Site Development Plan approval. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. A clear travel-way for maintenance purposes that is a minimum 15-ft. wide shall be placed along the west bank of the Harvey Canal. A copy of the SFWMD Right-of-way and Discharge Permit shall be submitted prior to final SDP approval. 5.5 TRANSPORTATI0.N The developer shall provide artedal level street lighting at the project entrance prior to the issuance of any Certificate of Occupancy. The existing right-of-way road improvement easement shall be conveyed to Collier County in fee simple title. Land area(s) needed for Vanderbilt Beach Roadway improvements not granted within the existing easement will be conveyed to Collier County in exchange for Road Impact Fee Credits. Any median opening on the future 4-lane/6 lane section of Vanderbilt Beach Road, if proposed by the PUD petitioner or ~,,v,-!r)n,~r shall be in conformance with the County's Acc~.ss Management Policy. Turn lanes shall be provided consistent with Ordinance 93-64 along with the cornpe:~sating rigilt-of-way prior to the issuance of any Certificate of Occupancy. Eo The applicant or his successors in title shall be responsible for a fair share contribution toward any future traffic signal serving any access point for this project. 5.6 UTILITIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 17 5.7 ENGINEERING Except as otherwise provided within this PUD document, this project shall be required to meet alt County Ordinances in effect at the time final construction documents are submitted for development approval. 5.8 ENVIRONMENTAL 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 convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 of the Land Development Code. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. Co 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 Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. , ce 2roject shall, :omr, l? ,~ith the envire~merl!al sactions o¢ t!,.o LI')C and , 'e' ~':~ in effect at the time of final development order approval. A minimum of 6.4 acres of native vegetation shall be retained on site. The Reserve Tract has Deen designated to preserve 4.4 acres; the remaining 2 acres shall be identified at the time of SDP submittal. 18 THE PUD CEMETERY MASTER PLAN 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 UqxlIT DEVELOPMENT TO "PUD" FOR A NEW PL.~,rNED UNIT DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON. PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 267.442 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 WalkcrbiI~ Road a local street. The orivina! Beachway PLrD (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 rvl~' :'. .lc ,~,~.~? ~3cqitie,, (i.e. ~luBhonse. maintenance and incidental recreation amenities), and ,c ~,.~ acrc~ o. p~cpo~-,:d co~rm~rc~,~l d,:v,~'~opment along thc Norm I a,t ami Ti'ad (,U.S. 41N) lying immediately north of the Walmart development and containing an area of 3.4 acres. A maximum development intensity of 50,00C square feet of gross leasable floor area is proposed, however to the extem a hotel is constructed said floor area shall be reduced by 225 square feet for every hotel unit. Authorized uses xvill 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 bec,~ reviex~cd bi, lhc t~ppropriate staff te~;ponsible for oversigh? related to the above referenced areas of critical concern. This primarily includes a review by the Community De,~op' .icn~ [ ;wtronmenta! and [!ngi~teering s!a~'f, and the Transportation Services Depart~nent staff. All rezoning actions require a findings on the part of the Collier County Planning commission (CCPC) based o~ ,1~::. ~,rovisions of Section 2.7.2.5. A preponderance of the rezone finding support an action to district. ~:. :ezone 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 xx taicla ~s approved by the CCPC. FISCXl. 151P.XCT: At build out based upon authorized uses and planned intensity of development the following revenue stream is estimated. Impact Fees Ro:~ ~.s (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 Surcharges (a) Radon Gas = 50,000 sq. ft. x .005 = (bi B!dg. Code Admin. 50,000 sq. ft. x .005 = ~.c) Micro film test. 3 permits) = 250.00 250.00 4.50 4. EMS - 50,000 sq. ft. + 1,000 x $200 (averaged) 10.000.00 TOTAL IMPACT FEES $ 488,704.50 Bec3:~ ...... ."~ fc~:s vary by housing type and type of conm~ercial 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 .k .... l ~' ...... ~ -~ t" '°5 :c'. ,i;, otnld .,_,ut ,'~ i!l ',~,t~ c ~,~,axi.nizcd tT;e~:' au',l~orized l~ve~ or de, e, lopn;cnt. 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 thc co>'~ ,,~ administering the community development review process, whereas utility fees are based .. , , ~ iai< share of impact to the County system. Impact fees are currently being reviewed to determine if adjustments are required to more accurately reflect ihe mqpact of particular development on county provided services. Final!'., ~,! ~i',i,:,,qa! :-e, enu.= is ~>.merated by application of ad valorem tax rates. The revenue that w/Il bc ~cnerat~d by the ad valorem ~ax depends on the value of the improveinents. Al this point in time sta5 k::s no: Jc~.~clcped a me,ho,.! to arri,~e a: a reasonable 'eshmate of tax revenue based on ad valorem tax rates. AC~.NOA IT~=.M DEC 1 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 ma3' 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 thc provisions of Divi~,ion 3.1 of the 3.15 of the Collier County Land Development Code. HISYORIC/AR( I1AEOLOGICAL IMPACI': Staffs analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as referenced on the official Collier Count5' Probability Map. Therefore, no Historical Archaeological Survey and Assessment is required. PLANNING SER~, ICES STAFF RECOMMENDATION: c~.::~ . '. i ~:i." .~ r,<p.',,:sib:.!ities for d-.~e',~,inint consi';' nc~' v ;th elements of tl~,: GMP a,d provisions of thc LDC recommend approval of this petition. Provisions of the PUD regulatory document and master pl',,m were crafted to achieve the recommendations of staff. EAC RECOMMENDATION: This petition was heard by the EAB on October 7, 1998. They unanimously reconunended approval. No person spoke in opposition to this petition. CCPC RECOMMENDATION: Con~;nis:ion unanimot.,s!v recommended approval of Petition PUD-98-!3, Collier Tract 21, as described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD document and master plan). DEC 1 1999 PREPARED BY RONALb-Fi NISO. CURRENT PLANNING MANAGER DATE REVIEWED BY: a,C PLANNING SERVICES DEPARTMENT DIRECTOR AP P/I~<~E D BY: ~i~ VINCENI A. CAUIERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE PLL,-~,,-.. k:x ~',L N1Ni.:xR¥,md DEC 1~ Iss~ i D~C ~ '1999 Ar: ;F,Z-:;.~;;CZ _:_'-:E:;Zz;;G ;RDZNANCE :;UME=.=. ~2--1£ TEE ....... =c TEE ZS:.:F.=EHE>;Si'.'= ~,~_.,.= .__ TEE L':;E;;CCF, FZ.--%T--3 ;.RE& CF CGLLE£R ECU:CT'.', TLCREDA El'---'.-.,~_.,o"~'" ..... -_HE OFFS'TEAL Z$NING ATLAS :-:AT :;UMBER _s521'.; A:;S =~_=Slc: =f CHANGi:;G .-HE __.-.c = ................. HEREi,'; 2ESOT, i_--El ==.C:=:-',' ............. --=~v "f=,, ?UkAL A.SRiCULTUPE Ti "TUE ...... "?US ...... =: .... =LIMNED UNIT iEVELS?MENT KNOWN AS COLLIER TP.ACT 21, FORMERLY BEACHWAY .=US, ?iR A SOLE ESURSE A:;D ACCESSORY AND iNCiiENTAL _--ACiLiTiES i:~TLUii::G A CLUBHOUSE, 12,222. :==T SF C-3_~*'~u=-~,,..._.=~_~.~ USES AND/S.R A HOTEL SN ==¢.==="~--.~ ......... LOCATED _=TWEaJ U c 41 cra THE EAST ,~NDERB.~. _:,,.= iN mu= WEST .... NG NORTH CF .-.v=.,U-_ AND SOUTH iF THE COCCHATCHEE FIVER, ?= ........... .-,re=-? 48 SOUTH ?A. NGE 2~ EAST iSLLiER COUNT'f, YLORIZA, iONSiSTi:;G tY AT?ES; FROViiiNG --D= THE ='-~E~L ~. -.- .... .,~,;__r, __-._; .-.:,D =f FROViZiNG AN --=---- ..... -- ;';HER£AS, ~. ~ruce .qn=erssn cf 'fcun~, '.-=-n A£sen~.er7 "=~-=c~¢, ? .A.. , reDrese%%i/.i ¢-* Tier-e~ ~Jelcc%' =~- .... ~C '~ra%is~, :;OW, UHEPEFCRE SE .... ' - ~ Boars ~A,NEu 2y she cf icr%,2ssssners cf Ccil2er icun~v, YlcrLca: The Z~r: . _'%S~lflClSl7:. ?f ~%e '-.er= .. -=~:Trszez ~wns.._u 4 ........ Fange 5 Eas~, .,-~n ine Scll~er Tract Si, fcrmer!y Beachway PUD iccumen~, 2~ ;.erean. The Sffis~a' -2.%1.%~ Atlas Map Muter ~521:; anm ~521S, ;~ '==-~ ' =~ - -'~ -=~-= =~ ;- -' *~ %r,e Scs__er 4o ievelsmment Code, are nereUv amended accordingly. 4: SECTi S:; TWC: 42 Urd~nance Muter }0-4~, known as Beachwav. =~__cDu~C 45 46 -!- DEC 1 1999 MEMOR,a~NDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CONLMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: RE: OCTOBER 20, 1998 PETITION NO: PUD-98-13, COLLIER SECTION 21 OWNER/AGENT: Agent: R. Brace Anderson Young, vanAssenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Collier Development corporation 3003 North Tamiami Trail, Suite 400 Naples, Florida 34103 REQU?_STEI) A( lION: This petid on see!'s tv repeal a certain PUD development order (i.e. Beachwav (265Z acres) in favor of '-.. : i~ ...... : :: .... :c .u; '~ddi::.. i, f$ act', s t.on, Rural A=n:icul'a~ra! ~o '"" D' Planned Unit Development. GEOGRAPHIC LOCATION: The prover'tv. . has fr,"nm=e. ._ or three al-teriaL/state hiehwav~ .... and include the N. Tamiami Trail (U.S 41 N), 111~ Avenue North (Immokalee Road) and Vanderbilt Drive. Additionally the property has frontage along Walkerbilt Road a local street. (See location map following page) Pt R_~PQ~g!I}ES~R!P_TI__Q? OF PROJECT: The original Beachway PUD (Ordinance No. 94-45) was approved, as a residential development consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf course and related golf course facilities (i.e. clubhouse, maintenance and incidental .recreation am{ several azres of proposed cornrnercial development along the North Tamiami Trail {TLS. 1 tities4,~ L .'~r-~_. ~.~ DEC 1 1999i immed:a~e:'. ;~o~h of the Walmart development and containing an area of 3.4 acres. A maximum deveio:-:::" ::ensitv of 50.000 square feet of gross leasable floor area is proposed, however to the extent _ !: ': :s constructed said floor area shall be reduced bv 225 square feet for ex,em hotel unit. .-Xutho:z ..... ~_-',','ill 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 Walkerbih Road. The property, has an irregular boundary.. Essentially the following relationships exist. Surroundin_~: 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 co~;u-nercially deve!oped (i.e. east of PUD portion Bay House Restaurant), and developed xvith two Mobile Home Parks (west of the PUD portion). Properties generally lying v",st ,of the property includes the Walrnart Site. office building (.under construction), former Kaki's Restaurant anci 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 western limit of the PUD lies undeveloped land, now zoned Pl rD as 'i'he danes PUD a proposed multiple f~.mi!~ development ,-nd ~bc cemetery )999 GRO._X. YTH MANAGEMENT PLAN CONSISTENCY: Lan< L'se - The property ~s 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 strucrare types as well as uses which function to support a residential environment, such as public and quasi public uses. Golf courses and their related amenities are also authorized land uses in the urban residentially designated area. Therefore. the proposed golf course and its accessory and supportive functions (i.e. clubhouse, pro shop, maintenance facilities and recreational amenities) are consistent with the FLUE to the GMP. Regarding the commercial component of this PUD it is apparent that the property lies outside of the north boundary of the activity center located at the N.W. quadrant of North Tamiami Trail (U.S. 41 N.) and 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 activiW center boundary as defined by establishing a square w/th eoual sides measunng 1.320 linear feet along 111a 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 ILU-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 g~ven the substantial reduction m otherwise allowed density and intensity of use. As the owner could ha', ~ .-,~h::-~,. 4-:~ :~cb. ie;'ed i~ad i: not been for the way it requested prior and current approvals of land The :estrucmnn2 of the act.x makes :note ~ensc Irom a land use point of view. 111m 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. Tralfic Circulation Element - The iTE Trip Generation Manual indicates that the existing Beachway PUD will generate approximately 6,384 trips per weekday. However, the proposed petition will generate approximately 2.897 average weekday trips at build-out. This amount may be reduced once tnp adjustments are made. This represents a 55 percent reduction in the site generated trips. Based LOS "C" des,_m, ,.'olmn~} on U S-41 aAer ~np adJustments ~d ~si~ents ~e made. ~ addition, t~s petition w/il no~ lower the leve~ of sen';ce below the LOS "D" st~d~d witch the project's radius of development influence (~I/. Therefore, the project is consistent with Policy 5.1 & 5.2 ot ~e Truffle A~A Circulation Element (TCE). ~/~ ,~ DEC 1 q '1°.,99. C0nservat]on 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 bv provis:,-ns in ~he PUD document. The open space preservation requirement of sixty. (60) percent will be exceeded given the fact that :his r, etiqon ;s for a golf course which itself qualifies as open space. Water, Sewer and Storm .Water Mar~agement - 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 manage,men:. 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 Mana_.ement Plan. HIS]-ORIC, AR(_ HAEOLOGICAL IMPACT: Staffs anaivsis indicates that the petitioner's property, is located within an area of historical and archaeo!ovi::~, :,rob2bilitv or known archaeological site as designated on the official Collier Count>.' Probabi iitv .".lap. _haft has reviev,'ed the historic and archaeological survey and assessment conducted by Southeastern Archaeological Research. Inc. and finds that no archaeological sites or historic structures were discovered dunng the survey. The ?iD :~ocarr~ei:t provides :hat in the event of accidental discoxeD' all work shall cease and the ~',~,:i~_:. ..... :... Je 7~:~:~r~:;~c:-~ i)cparlmcnt shall be contacted Er3! 3' 5 TJ_O~ £_O_~R_E.SX'IRONS.IE3'TA!~_T_R~-~_N$.PDBT~4X!O. NAND The subiect peution 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 Develor~rnent Environmental and Engineering staff, and the Transportation Services Department staff. Staff reconm~endations are included in the Development commitments sections of the pLrD. 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 ~o.;~.. ..... e ~ ~, ~.. : ,: :mpact of-'.he prop.:,scd !a~;c~ us~: clxa.i .2e, be they positi', .~ or negative, culminating in a stair recommendation based on that com¢rehensive overview. The listed crileria are spe~.~i,t..~ii', ,: 3t,-d il2 >ccuon ,.> ana .... 0.2.5 oI the Land Develop~nent Code thus reqmnng staff valuauon and comment, and shall be used as the basis for a recommendation of approval or demal oy the Planning Commission to the Board of County CommiSsioners. Each of the potei or considerations identified during the staff review are listed under each ofthe criteria nl categorized as e~tt,,er pro or con. whichever the case may be. Staff review of each of the criter/on is follox~ ed 'p.',' a summary conclusion culminating in a determination of compliance, non-compliance, or compi:anc: ':, ,.th mitigation. These evaluations are completed as separate documents and are attached 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 az-, anai'vs~s of the petition's relationship to the commumty'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 reiatee eiements. Other evaluation considerations should include an assessment of adequacy of' transportation, infrastructure (i.e.. sewer, water, storm drainage and private utilities) and other infrastructure tI.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 lon~ rant? --!~ for ~ture land uses. Relationsh~.? 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. Clearly the golf course component of this petition is consistent with permitted uses authorized to oczur x~'~ti-,nx me ~rbar~ res~denual desi~atcd area. A portion of the subject l~nd is lc~cated within a.n acnx'itv 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 :k,e cpi::: ,r, c~f ;:affcom:nercial development on the North Tamiami Trail (U.S. 41NT} is preferable to comme,-c~al development on 111TM Avenue North. The potential to widen 111'h Avenue North beyond four {41 lanes is not possible without incurring substantial costs. On the other hand the six (6) ~ ,:,, ,-. :,',v No~h Tam!:.m~ T"a;i, U ~. 4', N ~is, c:~rn,mi~:.:] :'-::t2re,,c~-:~:nt ~;roiec: (: .2. ,'car Additionally it is staffs opinion that the limited area lying north of the Walmart Site in this PUD that is not intended for use as part of the golf course system has little value for housing. The impact of the highway and surrounding commercial development makes this limited area of land undesirable for residentiai 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 Tamiami Trail are clearly compatible with adjacent land uses. However. the tract of land (i.e. 5 acres more or less) lying north of Walkerbilt Road lies between a restaurant {Bav House} and mobile home development. Should this property, be used as a golf ~:~a t'&.:,.~ :,: : ...... ~: ,~.a, i~ :,'e ~ ~ega~ivc , .-,~.d ![iipdc: c,:l i~ijacen: t',tupe,"ties unless cxtensiveiy ~cree- %! :' ~,Tn ::'?se propeme< To achieve that event a solid wall should be constructed within tefi (10) feet of the property lines with the outer ten (1 O) feet landscaped with mature canopy trees to visual :ast and west mpait~ ~~1~1~ _ lq 1999 from eievatec :~.oor ieveis on adjacent properD.'. The frontage along Walkerbilt Road should be ,'egemted to achieve a 100 percent opacity screen except for required driveways. Commerc:ai deveiopmen: along the North Tamiami Trail (U.S. 41 N.) presents no compatibility. issues. Traffic - AnaN'sis t'Or cons/stencv with TCE policies advised that this project ,.vill not have a =~gm,,,.,~,t impact as measured by TCE policies and, is therefore, technically consistent with the GMP. Clearly the tra£~c analysis indicates that the 5°,/o of LOS "C" standard, nor Radius of Development impact standard on LOS is adversely affected. The trips generated by the proposed PUD are approximately' 55% less than allowed by the current PUD (Beachway). All traffic entering and exiting the Section 21 PUD will be limited to driveways located on the North Tamiami Trail (U.S. 41 N.), except Ibr access to the Walkerbilt Drive site, and golf course maintenance drives off of 1118 Avenue North and Vanderbitt Drive. Interconnectivilv 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 retationsSip 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 ~o biSng about an interconnect/on with the proposed commercial tract. Ne,,ertheless. an interconnection of some type even if limited to pedestrians will be beneficial particularly in the event a hotel locates on this property.. Utility I~frpq25':.:c'W. re (i.e. Se,,x'er. Water. Storm Water - Development occurring at this property will }'.e con¢ec,: ! :.:, '5-~ C,',tmtv's sewer and water distribution system, evidence which further attests to :he : ::-:e,i:~:>s' : ,.i~'..:.ic, t:me~t of property \11 developinent must comply w/th surface water management req~irements invoked at the time of subdividing or approval of SDP's whichever first oc,211r5. Communit& Services Support Facilities -- Fire. police and other emergency services can be readily provmed ~'rom the appropriate provider jurisdiction. The North Naples Fire District has submitted an application for Site Develooment 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 "'~:r~::~ .-:: .... :_ .... : c~ S~et a?prc.',. !matcl,, t,a :, 12) hi!les north of tt~e ,,ubj¢ct proper~y Master Plan and PI.T) 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 :.-"~,,~: .."' :; nr:~a ':, f-t.,rn the '-'.':,I~ 'l-'3n;Ji.~.,rT,4 Trail (:.'.S. ~'. N.~. ,"3th~.r 2ccess points arc limited to golf course maintenance purposes. commercial development. Commercial development standards will allow building heiE (50) feet. Setbacks from the North Tamiami Trail require a minimum of thirty (30) feet P 6 pLrD Regulations/Development Standards - The PUD regulations, primarily have relevance for DEC 1999 feet ',-- et. cZ ndditional s:.?.,-v so that a tire ~ -: ) storx' buiidinz would be set back a 3istance or' rift,.' ! 501 feet. Commercial development will have to comply with LDC architectural requirements. .~TA. FF RECO.MMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-9$-13 as described bx' the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan. I~ONALD F. NINO, AICP CURRENF PLANNING MANAGER DATE REVIEXVFD P!~/Si'NG SERVICES DEP/~,~MENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMML-NITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Petition Number PUD-98-13 Star':' R~':'.,r~ ",~ :he Noxcmbcr 5. '~98 L'CPC meeting. PL'D-C~8-t 7 STAFF REPORT md AGENDA II'F.~ DEC 1999 FINDINGS FOR PUD PUD-98-13, COLLIER SECTION 21 Sect~o,,: _'.-.3.2.5 of the Collier County. Land Development Code requires the Planning Comm:ss~on to make a finding as to the PU'D Master Plans' compliance with the following c~t~:-.., i-i~r suitabilit3' of the area for the tT'pe 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: ti) Public utilities and highways are in place to support the planned uses of the land Phvsical characteristics of adjacent land as represented by their use are c !cari¥ c cn-,[_~,;.tib~c ~[n the planned use. Con: None. Finding: Jurisdictional reviews by Countv staff support the manner and pattern of development proposed for the subject property.. Development conditions contained in the PUD document give assurance that ail infrastructure will be developed and be consistent w~th CounD' regulations. ,any inadequacies which require supplementing the PUD ,ioc~n',cnt will be recommended to the Board of County Commissioners as conditions of ::?proval by staff. Recommended mitigation measures will assure compliance with Level -,:' Service relationships as prescribed by the Grox~th Management Plan. &aequacy of evidence of unified control and suitabiliW of any proposed agreements. ,~,n~rac~. :,r oth~-r instrumems, or for amendments in those proposed, particalari.x' ~:,,. ~.'.~:~ r~lat~ ~{} arrangements or provisions to be made: Ibr the continuing ,,peradon and maintenance of such areas and facilities that are not to be provided or ~naintained at public expense. Pro. Coa: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and :::a:n~enance of common areas. C,nformiD' of the proposed Planned Unit Development xvith the goals, objectives and policies of the Groxvth 31anagement Plan. Pro: (i) the development strateg3' described by the PLrD..is structured to be consistent with all applicable goals, objectives and policies of the GM?. Con: (i) None. AGENDA I'r~..M DEC 1 q 1999 7, Finding:The subject petition has been /bund consistent with the goals, objectives and volicies 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: ii} 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. Coil; ~) ~one. Finding:Yhe PLT) 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 rela',icp, shir~s between pro. iects The adequacy of usable open space areas in existence and as proposed to serve the development. P__r 9_ _,C_o_n~... Evaluation not applicable. Findine: '~he arno'~nt of open space set aside bv 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. ProlCon; Evaluation not applicable. Findi_nglTiming or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding. The abilits.' of the subject property, and of surrounding areas to accommodate expansion, Findine: wastewater disposal system, potable water supplies, characteristics of the re!~:ive ~ ~xz~ds. and capaciw ,)~' ~oads, :s supportive of conditions emanal Ability, as applied in this context, implies supporting infi-astructure such as propc~.ND~ ag DEC 1999 o 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. Conformi~ with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that xvould 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 ar¢~ requirements. FINDINGS FOR PUD-98-13 md 3 1999 REZONE FINDINGS PETITION PUD-98-13, COLLIER SECTION 21 Section 2.7.2.5. of the Collier County. Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall shoxv That the planmng 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/C~on: Evaluation not applicable. Thc property is undeveloped except for a stormwater management lake that serves the Walmart Center. The property is extensively vegeta:ed ~.nd contains an extensive wetland system, which is :~, ::',c.~ ,J,~ th~: F2. D :,,latter Plan. Tt:e t,,md is ,:un-ently zoned PUD with the rural agricultural tract lying north of Walkerbilt Road. The property has an irregular boundary. Essentially the following relatianships exist. Surrounding: North - To the north of the property lies adjacent Walkerbilt Road and the Cocohatchee River system. On the north side of Walkerbilt Road, property not inc!~dcd ;~ ~b.~, PI~rD is botl'~ corr, m~rc:.ai~ developea li.e. east of PUD portion Bay House Parks (west of the PUD portion). East Properties generally lying east of the p includes the Walmart Site. office building DEc 1999 construction), former Kaki's Restaurant and Lounge, Bav House Restaurant and Mobile Home Parks. South Properties adjacent the south side of the PUD include the Walmart Site, Naples Park residential area along 111m 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 cemeterv. The possible creation of an isolated district unrelated to adjacent and nearby districts: Pro Con: Evaluation not applicable. q__ummau' Finding~ The parcel is of a sufficient size that it will not result in an isolated d:stnct unreiated 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 g?ven that timing is appropriate. Availability of adequate infrastructure, nearby urban deveioement, support the timing relationship and justify, revisiting the PUD and :~,m~-nd ~i~ its dex e!or~ment strategy. \Vhether existing district boundaries are illogically drawn in relation to existing c~,nditions on the properS' prooosed for chanffe. Pro,Con: Evaluation not applicable. ,qommarv Findines: 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 amendment necessars.'. Pro/Con: Evaluation not applicable. Summa _ry._Fj_ndi_n_gtl The proposed zoning change is apvrovriate based on the existing .... :i~i~.. n~ 4, i' :he i2I~pCF,~ ajitl i.~.atl£¢ its retauonstup to the r'LLE ~Futuxe Lana Use Element of the GMP) is a positive one. .' - AGENDA DEC 1999 Whether the proposed change ~vill adversely influence living conditions in the neighborhood: Pro: Ii} Contiguous relationships from a golf course clearly makes for a compatible relationship. 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. Summa~' 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 desitin'ted to ensure the least arncun: 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 volumeq or projected tS.'pes of vehicular traffic, including activity, during construction phases of the development, or otherwise affect public safety. Pro: All in,ess and e~ess to the property is via a major arterial divided highways (i.e.U.S. 41NJ which provide for best management practices relative to turn lanes. No traffic level of service will be abridged by this approval which is the p,~nc:pat criteria i'or evaluating traffic impacts. Con: (i) None. Summary Findings: Evaluation of this project took into account the requirement for consis:ency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a stateme:: ad:'isin,:_ that ',ht~'~ project when developed will not excessive!v, increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. mm lanes, traffic signals, dedications, etc.). In the final anaivsis all projects are subject to the Concurrency Management system. Pro; ti'} The project design for storm water management will be designed in accordance with Collier County requirements and the rules and re ~ of the South Florida Water Management District. ~m.~_ DEC 1 q 1999 o 10. 11. None. ' '~ ,,,m.~ry Findings: Ever5,' 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 ", :~.? review~:d far drainage relationships and design and construction plans are required to ,~vet Count',' standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the Count',' is required to react through its Concurrency Management system. XX'hether the proposed change ~vill 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 _-~andards 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: ti) T,vpically urban intensification increases the value of contiguous unfie:',~:iiized land. Gti~r orientations deal with similar land use. and therefore sheutd have nc) detrimental effect on land value. _Con: (i} None. .:t,.~. 'a__r?. ,"-. '. k 'i ~z a 5ab,.cli'.~. d~.ie~m.,mc,,~ b,.~ed upon anqcipated results '.t hich 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 ,, a~ue. The mere fact that a property is given a new zoning designation may or may not ..":-.? ,. alue. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Prrcf'.?2_nl Evaluatic.n not a!,plicable. : ~_u:_.:,:~' _rLic.~I_'.'~ ~'h'~ ' .:si, prom,sc ',~nde~ iying all ot thc de~eiopmcm standards ~n '..he zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval proce :s~ gives reasonable assurance that a change in zoning will not result in a dete~ :::~: to. :men: ~r development of adjacent property.. renc~o.~, DEC 1 12. 13. 14. i0. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Growth management Plan. a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a ~rant 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. 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 Count3." Pro/Con: Evaluation not applicable. Summarx' Findings: The proposed develovment complies with the Grow'th .\lanagemen~ P!~m. apolic;, .......... ',' ~ ....~, ~, ',~i~}ich has ~vah~a:,~d the scale, densii, v and it'~lensity of land uses decmed to be acceptable for this site. '; !}et*ir": '~. i: in~po~rible ~o qh,~ ,,~h,r ,~d.-.~i~.arc :..ires i~t th,. Count>. for the proposed use in districts already permitting such use. Pro/Con; Evaluation not applicable. S_uum_ _m_a_rX Findi.n.g~_~ This site ir: part is zoned "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. To deny rezoning would be to deny the property owner the right to use the land in a manner consistent with the GMP. As far as the PUD is concerned the development as a golf course represents a large decrease to intensity of land uses now allowed. Ch(. vhys~cal characte~'~stica oi the p~operty and the degree ol' site alteration w~hich ,~'.~.,ht he ~ e,l,~!r~,,~ t:, malts the prop:~'¢,,' ~ah~.t~ for an.,,' or,he r:~ge 0£ po!emial uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. AGENDA fiE. DF_C 1 q 1999 17. Summary' Findines: 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 Collier County Growth Management Plan and as defined and implemented through the Collier CounD' Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summa~' Findings; Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. NOTE: CoMP as used herein means the Collier County Growth Management Plan. FLUE,. means the Future Land Use Element of the GIMP. PL'D-C~8-! 3 REZONE FINDINGS ma 6 DEC 1999 'X *X :TITION N'UMBER DATE RECEIVE A. PPLICATION FOR PLTBLIC HEARING '~[J(] 1 9 1998 FOR STANDARD REZONE A. ND CONDITIONAL USE REQUESTS PLAN'NED UNIT DEVELOPMENT REQUESTS "~-~N;,IING SE~FIVICE~ COMML,'NITY DEVELOPMENT AND E2CVIRONMENTAL SERVICES DIVISION CLTRRENT PLANNTNG Name of Appiicantfs) Collier Development Corporation .-kppiicant;s Mailing Address 3003 North Tamiam. i Trail, Suite 400 CiLy Na~les State Florida Applicant's Telephone Number: Bus.: 941/261-4.455 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. if applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If a:¢iicant is a parmership, limited partnership or other business entiD', so indicate and name ?rL-;:ipats 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. :7 aT; li:~t is a contract purchaser, atlach copy of contact, and indicate actual o;~,'?:(s) name and aacL-es :, beS-,w. ' See Attachec[ list of officers and shareholders and copy of deed. 2. Name o£Agent George L. Varnadoe, Esq. Firm Young, van Assenderp & Varnadoe, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Florida Zip 34108 Agent's Telephone Number: Bus.: 941/597-2814 Fax.: 941/597-I060 DF'PA~LUD rEGAl, DESCRIP .'~. ON OF TI~4E, ~R C P FRT'£ COVE,Rf,? BY 77-~ APPLIC/, T[ON tTfspace :s n~a3eq~te, ~ch on sep~te page. If request involves ch~ge to more ~ one zoffing dis~ck ~clude ~pamte !c Z:~ .'.:~.crg:fic:' r,:: ~. cp,.~z.~,..' m,..o, red h: each msu,ct. ,~ prolix)' is odd-~d, sub~t fora (~5 copies of s~ey (1" to 400' sclc). A~A I~ DEC 1 1999 THE ,'-d:'PLICANT IS RESPO.",. 3LE FOR. SUPPLTTNG i'HE COR.~CT LEGA_L DESCRIPTiON. QUESTIONS .4JLISE CONCERNING I'HE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATiO', .--SHALL BE PJEQUIRED. ~ECTION 21 TOWNSHIP See anached E.'chibit. leaai description. 48 South RANGE 25 East Size of property _~5280 ft. X =2500 ft. Acres '_-267.44 Add:ess or locanon ofsuaject property Is bet~'een U.S. 41 on the eastern border and Vanderbilt Drive the western border, Ivina north of 111"' Avenue, and south of the Cocohatchee River. Existing land elevation: 0 - 10 feet County Flood Crimna 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 ha option to bu.',', indicate date of option: .... ; and dau : ;:ion terminates: Does grope,T; owner own contiguous property to the subject property? If so, give complete legal descriptiot of entire conti_maous property.. (If space is inadequate, attach on separate page). Yes. in addition to portiom of tee Collier Tract 22 Planned Unit Development ,across U.S. 41, a 5.58 acre parcel is under the same ownershiv as described on the attached listin~ of corp_ orate officers and shareholders. THIS A.PPLICATION IS INTENDED TO COVER: (Check which type of petition you are requestLng): X A. REZ0.NTN~'G: PRESENT ZONING PUD & Agricultural REQUESTED ZONTNG , O,-,, Golf course and commercial ~ KO ', ~S,ONAL USE OF ZONING FOR A~-, pen:ion pr.c,?,:,ses a decrease i,~ densiw, intensiw 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 commercia! zoning has been reduced from _-z-13.3 to ±3.4 acres and has been reconfigured and moved from 111'~ Avenue to front on U.S. 21 2z~:,acent to developed commercial zoning on.two sides. ,. ,_~ ...... ,_ ,,~1_, ~.~or~ FkOHIBI'£ED BY DEED RESTRIC FIONS2 __ YEa 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. HAS A PL.'BI. lC lfEaRING BEEN IrELD C,; 'r;~'7, ,: PROPERTY V'7.Tb_2q " , .~,~ , PrE LASt YEAR? IF SO, IN WHOSE NAME? No :'.F. ,. rl,z : EX'ii;'FIAG :flR,Jt;TO~tr..S ON 'iHE PROPERTY? No · TYPE: CBS FRAME MOBILE HOME 2 AFFIDAVIT ~. Jeffrey M. Bi~ being :L-st duly sworn, depose and say that I am Vice-President of Development Corporation, the owner of the property described herein and which is the subject matter 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 th. is application, are honest and tree to the best of my knowiecige and belief. I understand this application must be completed and accurate before a hearing can bk advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. COLLIER DEVELOPMENT CORPORATION By: ~ - Birr, Vice President YOUNG, ,,'an ASSE.. 'DERP & V A.R.N'AD OE George L. Vamadoe State of Florida County of Collier , '-ne fore~oin~ Apolicat/on was actmowiedged before me th_is ~'~' dav of ~f~. u.'~ , by Of.g-h-e~ I)~. ~ ~ ~ V .'P. , who is personally known to me cr ,,,t.~',.~. ....... proa~,,.,,,,"'---"~ ' SEAL (Sigr tu of Notary P blic) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission # ~-'~ My Commission Sxpizes: DEC lq 1991{ 1. i b sas follows: Coliier 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 follows: Miles C. Collier Barron G. Collier H Trust Inglis U. Collier Trust Collier Business Trust 1. Owmer is Collier Development Corporation. OR Book 31, page 118, Collier County, FL, title deed for subject property. SEE COPY ATTACFFED Contiguous property, to the subject property: Folio Ta~ I.D. 00154760005 Owner: Collier Development Corporation by OR Book 256, page 499, Collier Count).', FL. Legal Description: A parcel of land lying in Section 16, Township 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 t. he 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 sai~ Section, said point also hei:~c -.hr ~s.jLr. ni-~ point of Bulkhead line No. 4, accor~xng to the Bulkhead Line Plat as recorded in Bulkhead LAne' Plat Book 1, Page 15, of the Public Records of Collier County, Florida; thence run the following courses along sa/d Bulkhead line N 37'07'15' W, for 340.08 fee=, to a point of curvature, thence ~81.13 feet along t. he arc of a curve', concave to =he Southwest, having a radius of 270.00 feet, and subtended by a c':c,~:d :-.avi.~g a bearSr.~ of :~ ~7'2~'37.5" W, ~.,~nd a iengUk of 350.:7 feet, ~o a poln= of t~r.gency; thence l--,Ln S ~2=00'00" ~, for 248.!3 fee: 'concave tO t~he southeast, having a ra~lius of 127.S4 re'et, and subten~e~ by a chord, havi~ 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 Bulkhead Line No. 4; thence run N S9:33'45" E, along the South line cf ~aid Section 16, for 996.61 feet, to the Point of Beginning, sa/d parcel con=dining 5.58 acres. DEC 1 1999 ,/ C .)PY Collier, Jr. and Miles Collier of the City ._'£ Eve;'k:/~ues, Collier Count7, State of Florida (hereinafter calleo %:~e 3.-a~tc.-s), joined by Barbare M. Collier, -l£e of Barron Collier'. Jr., :,nd isaPol U. Collier, wife of Miles Collier, (here!na:'ter :allot ~:~,: #[','4s cf the Graator$) to Collier Development Corporat!cn, e :iorlda corporation, havlnE an o££Ice and place of busines= ut Everglades, ~lorlda (herelna-Cter caAled ~e Grantee4. The Grantors aha t~e wives of the Or~:ors hereby sslEns, the ~ollowing described lan~s situate, !yin~ and beinE Collier County, State of Florida, ~e following Lots in the City of Naples according :o the Plat ~.~hereo£ recorded in plat book 1, Page 8 o£ the Public Reoor~s ~llier County, Florida: ~O~K TIER LOTS ll 8 17 2 L'F 3 19 3 19 5 19 6 21 5 City cf Naples BLCCK T 23 3 11, 12, 21 and 22 23 -~ ii and 12 23 5 6, 21 ~nd 22 f[&ed in Plat 5oeec L, Page 3 of the Public :~.~'or'~s of u~tfler County Florida, ~he followin~: Lots 1 ~nroucn 22, :ct:: inclusive of Bloc~ !; 4o~a 3 and ~ of ~lock 3; Lots ~ tr~:'~.,n !4, noth '.nc~s!ve of Bloc~ 5. TownsniD ~0 South Range 25 East Sect:un ! North Half (N~) of North East Quarter (NE~-]; ~','est :~nl£ (W~) er North West Quarter (N'W~) o£ Norta West Quarter (NW~); North ~est Quarter of Southwest ~r~er (aW-A-) of Northwest Qgarter (NW~); South Half of the b',~theast Quarter (NE~) of the Northwest Quarter ,'NW~) and the Northeast Quarter (NE~) of the Northeas~ ~uer~er (NE~ of the No. th.est Q~rter (N~.). Townsh!n 50 South Ranze 2_~ East South Half 5~) of Soy':. Lo% 1; Oov't. Lo: 2 ezcep[ ~ae *est 20 acre: Oov,t. Lot 5 except nest 2~ acres; joy''. Lots ~, " un~ l-, except All Oov't. Lot ~, 'yln~ East ~f ~'aples ~ay. Tgwasnlp.~O South RanKe 2~ Eas~ Section 10(Town of Na[ Fractional Eaa~ Half ~E~ except Soy''. '~ , Oov'~. 4o~s ~, 5, 6, and 7). - 2 - AGENt% iTEM DFC 1 1999 To~nshl: .~O... South ~an~e 2~ Ea~ Section ~I Sout~es: ~rter (SW%) ~f NortheRs: Quarter (NE~) of Northwest ~rter (~) except ~at por~c~ lyi~ Sout~ o~ ~. ~. ~y ~outhe~at ~u~rte~ (~E~) of Southwest Quarter <~) of Northwest ~u~rter (~); Northeast Quarter (~) of Northeast ~arter (N~) ~outn~eat ~u~ter (BW~); West Half (W~) of Northeast Quarter of ~outhweat ~uerter (SW~); East ~alf (E-~) o~' Northwest Quarter (~) of Southwest ~uarter (Sw'~); Southwest ~uarter ~S'~) of Southwest ~u~ter (S~%); South~es~ Quarter (SW~) of Northwest Qua/tar (~) ~outhwest 9u~ter (SW~-); *'est Half (W~) of Southeast ~uarter $outh,est Quoter (Sw~); Lots 4 and 5 of 5!oc,~ 2 oS 'noma)~ Subdivilio: as recorded In Plat Boo~ 2 on Page 82 of the ~ubl!~ :~e~ords of Collier County, Florida. Township 50 South Range 2:% East Sect'._r, !2 Ail lying South anm ,,c=~. ct' U. 3. :~ign,ay ~l. To-nsnip 50 South Range 25 All lying South and 6e~t of U. S. MiGn'#ey ~1 except ,,est Hail (W~) of a'est Half Tawnsni~ ~O $outr. Range 2~ En_% 2ec:!e " Northeast Quarter (NE~) cf Southwest Quarter ~w~); .lest Hal~' ('~) of ~uarter (~); Lots 55, 56, 5~ 58, 59 aaa 115 of Naples Grove aaa Truck E~a~y Little Fa~a 9~. Gov,t. Lots 1 and 2; That portion of Bov't. Lot 3 lyln~ ~ ~annel; Oov't. Lot 6 except the East Half (E~) of the Southeast '~%~ ~uarter (SE~) of the Southeast Quarter DEC 1 1999 Oov':.Lot l; Gov't.Lot 2, except trim: portion deed to J. ~. S~mp%l kay 33, ~9%9, s'! ColLier Corpora:ion; 3cv,t. Lot 3, except ~ortneaat ~uarter(FE%) of Southeast Quarter ($£~) of Nortneas~ Quarter (NE~); Gov't. Lot 8, except T. E. Walton 10 acres. Township 50 South Range 25_East_ Section ~3 '~est HaLf (W~) except North Half (N~) of Soutn~esL Qu&rter ~SW~) of Northwest ~u~rter (N~%). Lot 60 of Naples G~ove sn~ Tr~ Company's Little P~rms N~tber 2 according to Plat recorded In Plat Boo~ 1, 27 of the Public Records of Collier County, Township ~0 South ~an~e 2,~ Eas~ Sectlcn ~.~ ~cwnsnlp ~0 South Ran6e 2~ Ems% Section All To~ns..._____ni? ~0 Scott, Gov't. Lots ~ and 7 ~ec;:?q 27{Tc,n of ~:aples)_ Township 52 South Ra.nE-e 27 East Section 18 Oov't. Lot 14 except A~xillary Lots 3 and 4 tnereol' an~ except oil, ~e~ and ~i~arai r~gn~s and exceptin~ :se ~oocland ;{eights Su~d~vls£on according to the Plat thereof as recorded in Plat 5oo~ i, Page 8~ Of Townshl~ South Banse ~8. Eaat Section 26 Three Quarters (! 3/~) of the Southwest ~uarter $outhe&ltc.~uarter Section 34_ ~o.uabi? 46 South Range 28 Naat Southeast Quarter (SEC) fractional. DEC lq 1999 The SOUth Hai£ ,S~ fr~¢:ionaL. The Southwest Quarter ~,SW~) of the excepting Highway rignt-of-*ay. Tcwnshio k6 South Rauze 2~ East SectLcn ~ The' South Half (Sa) except Highway right-of-way. Townehin 46 South ~ar~e 29 East Ail except Hi~way right-of-way. Section 17 ':,n~hio k6 South Range ~ East Sec:ion 20 The South HaLf (S~) excep~ Highway ~gnt-of-*ay. Township 46 South Ranme 29 East Section 28 All except NewmarXet Subdivision and Highway right-of-way. Township ~6 South Range 2~ East All excep~ Hi~ay rlght-of-~ay. Section 20 ?o,nsnip ~6 South R_an~ge 2~ East .Section ~uarter ~h~) ezcepting ell ri~ts to Scu~n zalf S~) of Nor=neast Township 46 Soutm ~gnge 29. Eas~ Section )~ The Southwest ~uarter (SW{) 9f the Southwest Quarter (SWt) of the Northeast ~uarter (NE~) and the Sourness: Quarter (SE~) of the South- east ~uar:,.r ~SE~) of the Northwest QuarLer (NW~) e~ceptln& Highway right-of-ray. DEC 1999 The North Half (N~) and Southeast ~uarter ~SE~) excepting zaat portion included In t~e Newma%ke~ Subdivision at ImmoZalee, Coll&er County, ?~orlda as recorded in Plat Book i on Pages !04 and I05 of ~he Pubiic Records of Co%Ilar County. Townsnin 46 South ~an~e 2~ Eas, t Section 34 All except A.C.L. right-of-way and except that portion as described in Deed of date April ~?, i943 from Collier Corporation to U. S. Government as described in Deed Book i ca Page l!O of ti~e ?ubli: Records of Collier County and except that portlcn included In the Newmarket Subdivision at i:~mokalee, Collier County, Fl~rlda as record~ln plat Book icn Pages !Ch and 1~5 cf uno Puoli: ~ocords o Collier County a~d except that la~d described in Deed of dots July 3, 1951 from Collier Ccrporatlon ~o S~a~o Agrlcuitural !,!arke~ing Boa ?o____w~s~!? ~ South }~an:e_ 29 East Sect:.on ~ The East Half (E~) of the Northwest Quarter (NW¢) iyln~ east of Ne wmar~et Subd!vls!o~ and East of A.C.L. Railroad ~ig~t-of-way being West of ditch, ex~eptln~ !aaC Cescrl~ed in Deed of da~e Februa: 8, 195l ~ wr!gn~ ?~=mp ~mpe~y and exce~l~ Lend ~e~cr~:ec in ~eed dated J~ly 3, 1951 to Suave of Florida A.~rlcul~ural .,sr~e~ing Board. of Southwest Quarter ,SW'~') ~Northeast ~arter (,~E,~o£ Southwest ~arter (SV/~) South of A.C.L. right-of-way excepting ~nat land described in Deed of date ~4arcn 15, 19~ from Collier ¥orporatio~ to A.C.L.Ra~!road; Sou~neas~ Quarter ,S~) ,o~h of A.C.L. right-of-way; East Half (E~) of Southeast Quarter (SE~) North o£ A.C.L. rlgnt-o£ow~ and South of State M~ghway number 29; Southeast Quarter (SE~) North ¢ Highway 29 excepting H!g~hway rightoof-,ay for State Hoed 8~6 and ~,- ( i? ~e .,~',, o:' t~e ,~uO~tiC Records of CoZ!let County. DEC 19gg ~ldde~'s Subdivi~ion accordin~ to P!a% %her..c~ recorded Page 3~ of ~he Pu~llc Records of Col~le~ County, Township 47 South Range 23 East Sect:on c Ail except the North. Half (N}) of the Horth ~aif ',N~) ol' ~n~ ~;ortneast Qua~'ter(NF.~) of the Northeast Quarter (NE~) and except the South of the Northwest %uarter(NW~) of the Northeast Qua.~ter INEt) of the Nort~eaa t ~uarter Township 47 South Ranue 29 East Section !! All except A.C.L. Right-of-way &r'~T. except Northwest Quarter(F~). cf Southwest Quarter (SW~) of Northwest ~uarter (NW~). Tovnahlp ~ South Ran~e 2~ East S.ection ~ S:=th Ha~ (3~} except U.S. Hi,way ~ and State Road 29 aa~ canal A.C.L. Rl~ta-0f-way. To~snip 48 South Ra~e ~ East Section 21 Ail except the Lloyd Ruby p~cel aa recorded In Deed Boo~ 22, Page 317 of the Pub!io Records of Collier County, Towaship ~8 Sou~ ~e 25 East Section 22 A'~ ~xte~ ~:o~thea~% C:A~rte~ ~ -~ ~c~.~he~~ ,'~-te" ,~ '~ ez~e~t A.C.L. Rift-of-way and e~cep= ~est Half (W~) of Southwest Quarter Northwes: Qumrter (NW%) and except ~eat 80 feet of East Half(E}) of Scut west Quarter (~W{) of Northwest Q~rter (NW~) lying SOUth of Horse Creek sad except Rl~t-of-wa% %0 ?!or!da Power & h!~h~ Cc. by Deed. ~ted A~umt 24, 1953. Township h8 So~h Range 25 East Section 27 excoDt All except A.C.L.Rlgn%-of-way, and/Florida ~owc~ '~ k[,~n: ~o. by Deed d:,ted /,ujus% 2[~,1953. All fr&ctio~l lying North of Vanderb~lt beucn ,~oad except that lan~ desuri~ in Dee~ of date November 23,1948 from Collier Corporazioc to J. ~. Co.er am~ ! All 1Tine ~o~h ~f ~e V~nder~il~ BeaCh ;{on~ excep~ ~or%n of Northns--" ' ~ .,~ · T~nsnio 48 South Range 25 East ' '~' ~' Ail except A.G.L. right-of-way, and except r~jnt-of-way to Florida Ll~t Comply by Deed dated A~us: 24, ~53. T~.nship ~9 South Range 2~ East Section ~ All except A.C.L. ~ight-of-~ay, ahd except riGht-of--a7 t~ ~-.. Moeer & Light Company by deed dated August 2k, !953. To. na~tp 49 South M~e, 2~, East Section 10 Ail East of A.C.L. ri~t-of-~ay exceptlnc Righ~-of--cy to Florida ~o~er end Li~t Company by Deed dated August 2h, 1953. Sou~heas~ ~uarter (SE~) cf Northeast ~uar~er "=~)'.,.. , bo~'tneast Q~rter (NE~) oY Southeast Quarter (SE~) E~st cf ~or~ons ~iver: ho~'tnecst East Half (E~) of So~thwes~ Quarte~ ~SW~-)'cf Sct~heest Quarter lest Half (W~) of Soutaeast Quarter (SE~) of Southeast Quarter (SE~}. Ho~-~a~ iN*) a~ t~at portion of !amd of =he Sou=~ Half lyi~ Eaat of the ~'est line of Rai~:-~,ad right-of-way and 5~ation G~oun( Township ~ Sou=h Manse 25 E~_~. ~ectlzn ,' ....' ~e:. ; <,;~ ~ou~a hal,' S~) ol ~o~t:-~cs% ~u~:er ~5~) ~I' the ~o']t~west ~ua~ter (~W~) of S6~hweat ;uarte~ :q'~{); Southeast ~u~ (BE~) of Southwest ~uarter (SW~) of Southwest Quarter (S'~). Township 50 South R~ge 26 East Sections 19~ 20~ 2~ -8- DEC 1999 ms follows: ~. ~.om.~enclng at an iron pipe mogument on the Soutnwo3% side of Chokolos~ee Island ~n the snore!Ine Three n~dred for%y-:hree'feet Northwesterly from ~ne:'e %nc East '~oundary line cf L~t r~bered Ten of Sm~ll,ood,s Division of t~at par~ ~i' ~:~n~ulcs~c,,. .~i~nU In Section ,al~ssee ~erid~n, ~eacnea Cho~oloszoe ~a'y; :.~ence ,;~rtn, :'Ifty-fo degrees East, Four Hundred seventy taree feet to a 4u:,~uolimoo Peat mon=ent on ~e South uoundary of a Tl~irty-t~:rec f~ot roaCway; thence Northwesterly, alon~ the South boundary of s~lc rcuc~eT, Fi~e hundred fifty-five feet to en Lron pipe ~onumcnc ~:~ ~r.e 5a7 ~creiir. e on the Northwest side cf Chozo!os~{ee lsl~nc: ~:~unce n~utnw~terly alertE Ba~ Shoreline Eighty-cwo feet co a point of ChoXoloskee 'siand; %hence ~cutneaster!y along 5ay ~aorellne cf ihoxolos,{ee .slan~, T::ree nun~e ninety-six feet to the point of be~Inninc; T:m P!at~auove mentioned Lot n~bered Ten ~eing recorded In Plat ~ook One at PaGe T~ent: es of Collier County, Florida, Public ~(ocor~s. (Toget~;ur ~lth all riparian rifts.) 2. A p~rt o~ Cho~olos~ee islan~ ,.!tn!n t~e ~o~'tn'~est Quarter ~,,~) c. the Sough,est ~uarter (SW~) of Soctl~n 3!, T~nsn!p 53 5outh Ra~e 30 gast~ ~escribe~ as beginnin~ ~t tae 5out:~'~ost corner :f ~Ot 3%, thenoe E~st %82 5eet to ~ s~c of J.~oXolos~ee ~ay; T:;once So~th · est [[oag edge of Bs~ [~ f~et, =~eace 'Jortn~ester~y to point o~ beginning; ~so Lot N~ber 5 of Cho~olos~ee, beinC In West Half(l~ of Northwest ~uarter (NWi) of Section 31, Township 53 South, R~age 30 East, accor~n~ to the gap o~ Plat of said ChoKolos~ee on file a~ recorded in the office of the Cler~ or tnt Circuit Court cr Lee Count Pleads, in Plat Book 1, Page 20, exceptl~C thererrom t~e followi~ to-~!tl Beginning at ~ Sc~_tr.:e~' * -r~.er c:' ~aLd Lot ~, ~",e~ce ~at 182 feet to t~e edce of Cho~clcs~ee Bay, ~ence ~¢;:.~tr~s:e~l,y A~A I~ DEC i999 thence Sou=~wester['.,' '~-r ?oet, ~!~enc~ $ou~;.~,~or!y ~.~U feet to ~.~e Po~-nt o£ be~[nnla~, f~,-e~ne.~ .[tD, e~[ ~'.=~r[~.~. Island nine feet Sout~'.~ester!y from ;r:= fas% '.. :uno,ar'/ ~f 5arise 29, Townahlp 53 Sout~ reacnea Cho~oloskee bay, ru~ Soutnwes%er!y along ~orthwest sho~e [ine of ChokolosEee lslanU 259 feet ~os sts~e Northwesterly corner cf Loren O. Brown's lot as described ~m Deed Book 10, ~ge 429 of t~e Public Records of Collier County, Florida, ~or a point of beginning of =~e land hereby ~osc~=e~; ~ence Southeasterly alon6 the ,esterly llne of toren O. 2Do~n's Lot i00 to t~e South~eaCerl5 cor~er thereof; thence run Northeasterl~ ~o~ Southeasterly !~ne cf ~ald Lo~e~ G. c~c~n'~ Lot ~0 ~'eet to the South. easterly corder thereof ~ the ~esterly !'.~e cf Rober= Thompson'a thence run 3outneaster!y slon~ the ~esteri~ !~ne o5 said Lo~ of Thompson 213.3 feet; tJ~ence rum at r~ht sa6!os tc oaid line in Southweste~!y direct~r~ ~5 fee' is the 5cuth~"~er~'~ csrner of Lot herein described, ~aeac~ run la a Nor%a,'es~e~13 .d~rection, wltn the eesteDly '~.e cf ~,eglnni~C .f ~ne 'a.ud ~e:-ein descri~cC, contnini~.,' ~r,e ~cre and being a part of Lot 1 of S,~a[iwood's SuOdivts[on o:' tae E~ of east Q~rter (NE~) o5 Socclon 36, Townsnl~ 53 South':, ~e~e 29 East, as said subdivision ~$ recorded In Plat :Jook l, Page 27 of Collier Co~nuy Records. Together wtth all r[parian rt~ts. DEC 1Jt 1999 From a stake on ~ne Northwest snore ilne o£ Cho~o!oskee :~laa.-- a~r.~ feet Sou~n~s~eriy from East ~cun~ary cf ~,an~e Township 53 Sou~n, re.abes Cho~olo~kee Day, run ~outnwes~erly alon~ tr.e Nor~hwes~ S~ore Line of Chokolos~ee .~ian~ 20/ ~o a stake a~ ~e ~or~r,=esteriy corner of ;,o,,.:-t T::om;:oon's for a point of ~eg~nnin6 of the Land ~:e:'oln de~crib,,d; t;,ence run Southeasterly slon= :ne .Vesterly ~[ne of ~ocert Lot 100 feet, :hence at rigat an~les 5outn~escer%y ~ l'ee~, thence Northwesterly, parallel to the Westerly line of ~o~.-r~ Lot lO0 feet to :ne ~ortnwesterly snore 'lne oi island, thence Northeasterly alon~ the meanoer line of Bay to ~e point of ~e~Ir.r. lng of the Lanm nere~n z~sc:'Izeu; gerber with all riparian rights, being ~art of Lot : o1: 5:~ail- wood's Subdivision cf East Half (E~) of ~ortheas~ Qaarter of Section 36, Township 53 South, Range 29 East. 5- Co~me~clng at e sta~e on the Northwest shore of Cho~oloskee I' nine feet Southwesterly from waere the East boundary of Range 53 reaches Chokolos~ee Ja~,:hence run Southwesterly along the ~hore ~f Chokolos~ee 2slar. d 20~ feet to a s~a~e,~nence ooutneasterly feet to a st~e,t~ence NOrtheasterly 24 feet to the ~ar,~e Line,thence continue Northeasterly !85 feet ~o a ~a~c,~hence Northwesterly 417 feet to the point of beginnlnS, containing %=0 acros ~ore ~r l~s~ .ad being a ~ar: of Lot i ~f Zmail.ood's Suodl~'lsl~:n of the ~est ~alf(W~)of t~e Northwest ~u~rcer(~W~)of Se.~tlc.~ ~1 In ':'~,'~nsn:~ 5] ~ ~h,.9~n,;e ~0 East, ~he Nor:neas~ Quar~er(hT~of Sec:ion 35 In Tcw.shlp ~3 Sou~n,Range Eas~. ~ cie:her wl~ any and all buildings situate ~nereo~. TOO~H~ with ~y and all rlgh:,~Itle and interest of tae Grantor mn~ ~he wives of the Jran%ors In and %o uny and all bu~ldings and men~a on oP %o said lands, and any and al! l'ixt~-e~ and personal the ee:a~e,rl~h:,tltle,in:erea:,dower ant right of dowel proper:y, possession,claim and demand whatsoever, a~ .et - 11- 1 1999 equity, of the Grantors and tbs wzves of ~ke .granto:'s, cf, in and to the same and every pmrt and parcel %nereo£ -ltn :ne appurtenances; TO HAVE AND TO HOLD the aoove granted, bargained and described premises, #lth the appurtenances, unto the Grantee, its successors and assigns, to its own proper use, benefit and behoof forever. ~ WITNESS ~ER£OF, the ~rantors and the wive~ of the Grantors have hereunto set their hands and s,.als t~e day and year £1Dst above ~rlt~en. Signed, sealed and delivered in the presence of us: Jr.' - lZ - DEC; 1999 STATE OF FLORIDA COU~,q~. OF COLLi'-= ! h~reby certify that on this day before me, an officer duly authcri=ed ~n the State and County aforesaid to take aclcnowledgmenta, personslly appea~ed Barton Collier, Jr., U~"es .... ~oi-_~r,~' isabel ~'~. Collier end Be~bara ~. Collier, to me known to be the persons described in and who executed the foregoin~ deed a.nd they severally acknowiedced to me that they executed ~he same. IN W'IThq~S.~ 'NH~REOF, i have hereunto set my hand ~nd a~flxed my ¢£f/clai ~eal ~hi~ 15~h day cf Cctober, 195~, STATE OF FLORIDA, COUNTY OF COLLZ~ F~led for ke¢ord this ...... 31. ...... d~ Of ...;~,~ ..... ,~ ~..~.~.. ~ ~...~..~ .............. ~oo~..~..~..- p, ~,e....~..l.~. ........ ~.ni . ~¢ord ~er%£t. ecl.- ~-,.. ~d ,;o:"J ~r'~--.;. ...... L:....=.~.~ Cler~ ul~Out%'~r~'~,~, Deputy/Clerk 'DEC iq 1999 ;--77-- ::: ?..i_ :rSL.-.~.-.:=_ ~.-.~LL £e::.T.e e_c~_--_L--e LFcz ~LL_:-.? '..:z:.-. :f C~llier i,unr'.', Tier:aa, :.-.is Xay zf BOARD CF COUNTY _~MM .... ~NER_ ATTEST: :WIGHT E. BROCK, :lerm .z.:-MELA S. :-~C' KiE, iHA!RWOMAN -2- AGENOA ITEM DEC 1 ~ 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: DEC lq 1999 TABLE OF CONTENTS SECTION II SECTION III SECTION IV SECTION V SECTION VI PROPERTY O~,~ERSHIP .~,N'D DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL GOLF COURSE AND LAKES RESERVE GENERAL DEVELOPMENT COMMITMENTS EXHI B I T "A" PUD MASTER PLAN DEC l~ 1999 .. 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 umt Development. 1.2 LEGAL DESCRIPTION PARCEL NO. 1 .-~. P.~RCEL OF L,~ND L'xTNG IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA. SAID P.~CEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 89°50'30'' %TST ,kLONG DIE SOUTHERLY LINE OF THE SOUTHEAST QU?d~.TER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID SOUTHERLY LiNE NORTH 00°09'30'' EAST FOR A DISTANCE OF 100.00 FFET TO .~x., INTERSECTION WITH A LINE 100.0¢~ FEET NORTHERLY OF AND P.-"~':_::__~L ",~ ITH i'}tE bAID SGU~!ERLY LiNE OF THE SOL~THEAS'I' QUARlt~R (SE1/4) OF SECTION 21; THENCE NORTH 89°50'30'' WEST ALONG SAID PARALLEL LI-5,nE FOR A DISTANCE OF 401.04 FEET TO TftE POINT OF BEGINNING OF TH:E HEREIN DESCRIBED PARCEL NO. 1: DISTanCE OF 1260.82 FEET TO ~ ~SFC~ON X~ A L~ 30.00 FEET L2::~ Zi~L':' OF ~79 P~LEL WI~ THE EASTE~Y L~E OF THg SOU ~ST QUeeR (SW1/4) OF S~D SEC~ON 21; ~NCE NOR~ 01~32'23" ~ST ~ONG S~D P~LLEL L~ FOR A DIST~CE OF !40 86 FEET; ~CE LEA~G SMD P~LEL L~ SOU~ 88~27'37'' ~ST FOR A DIST~CE OF 30.00 FEET TO AN ~RSECTION ~ ~ S~D EASilY L~ OF ~ SOU~ST QUeeR (SWI/4) OF SEC~ON 21; ~CE NOR~ 01~32'23'' ~ST ~ONG S~D EASilY L~ FOR A DIST~CE OF 890 ~ .~v FEET: F~NCE LEAV~G S~D EASTE~Y L~E NOK~ 89~51'48" ~ST ~ONG A L~ P~LEL ',VI~{ ~ SOU'iIIE~Y L~ OF S~D SOUTH~S~ QU~ I~K OF SEC~ON 21 FOR A DIST~CE OF 1350.98 FEET TO ~ ~RSECTION ~ ~ A~A I~ DEC 1999 EASTERLY LINE OF THE WEST ONE-HALF (W1/2) OF THE SAID SOUTHWEST QUARTER (SW1/4) OF SECTION 21; THENCE NORTH 01°52'47" %VEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF 621.76 FEET TO AN iNTERSECTION WITH A LINE 399.71 FEET NOR'FHERLY OF AND PARALLEL \VITH THE SOUTHERLY LINE OF THE NORTH ONE-HALF (NI/2) OF THE SOUTH O.N?E-HALF (S 1/2) OF THE NORTHWEST QUARTER (NWl/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21: THENCE SOUTH $9°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 ~VITH THE ~t,~STERLY LINE OF SAID SECTION 21, SAID LINE BEING THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901; THENCE NORTH 02°13'17" WEST ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITH A LINE 1752.45 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID SECTION THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH fl9°33'45" EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1585.50 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 COL~'TY. FLORIDA: THENCE SOUTH 20°30'21" EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET TO A POINT OF CURVATURE; 7HENC£ SOU'FHERLY. SOUIHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 157=43'~''' ~-GR .',N ARC DiS~. ,,/,,'CE OF 1101.17 FEET TO A POINT OF REVERSE CURVATURE; FHENCE: OR ~ tlFRI.:. NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY CO~IlNUIN .J ALONG SAID LINE AND ALONG SAiD CURVE, CONCAVE $OUTitE.~STERLY. HAVING A RADIUS OF 500.00 FEET, A CEN'FRA[. ANGLE OF THENCE SOUTH 53°58'08" EAST FOR A DISTANCE OF 505.81 FEET TO AN INFERSECTION ~2Dt 21tE WESTERLY LINE OF LANDS DESCRIBED IN OFFICI.a& RECORD BOOK 1355, PAGE I011, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE SOUTH 00°39'10" EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF 1066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS; THENCE NORTH 89020'50" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS FOR A DISIANCE 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 COLLIFR C@UNTY, F? C~R!DA: TI-t£:NCE SOU'iH 00°39'10" laAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF WALKERBILT ROAD; .. I 2 7HENCE NORTH 89°20'50'' EAST ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 600 2! FEET: THENCE NORTH 89°2 I'48" EAST CONTINUI'NG ALONG SAID SOUTHERLY LINE FOR .-x ~,~ ~ .4_NCE OF 731.07 FEET TO THE NORTHWESI CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1219, PAGE 1672. PUBLIC RECORDS OF COLLIER COU,~TY. FLORIDA: TtIENCE SOUTH 00043'07'' EAST ALONG THE WESTERLY LINE OF SAID LANDS FOR A D!~TANCE OF 300.00 FEET; THENCE NORTH 89°21'48" EAST ALONG THE SOUTHERLY LINE OF SAID L,-~N'-DS FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE WESTERLY KiG¼2'-©F-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45); THENCE SOUTH 00043'07'' EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 505.65 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89016'53'' WEST FOR A DISTANCE OF 55.53 FEET TO A POINT OF CURVATURE: ~E.';CE NORTHWESTERLY ALONG SAID CURVE. CONCAVE NORTHEASTERLY. HAVING., tL~d3IUS OF 250.00 FEET. A CENTRAL ANGLE OF 62055'02'' FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; ~q~ENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 631.93 FEET; THENCE NORTH 89°50'30'' WEST FOR A DISTANCE OF 154.92 FEET; ,~.5~NCF SOUTH 00°09'30'' WEST FOR A DISTANCE OF 5.00 FEET; THENCE NORTH 89°50'30'. WEST FOR A DISTANCE OF 801.92 FEET; THENCE SOUTH 00°42'02'. EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT OF BEGINNTNG; CONT.4~rNTNG 244.233 ACRES OF LAND, MORE OR LESS. EASEMENTS .,ND RESTRICTIONS OF RECORD. PARCEl, NO. 2 A PARCEL OF LAND LYING IN SECTION 21. TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 21; THENCE 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 ',VALK~?,x~[I_ T ~..~ D, TI-~ POINT c? BEG~,~'t~G '.? ~-; E iq'E~:RE IN DESCR~ [! r~D P,~RCEL NO. 2: DEC lq 1999 THENCE SOUTH 89°21'48'' WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 356.00 FEET TO AN INTERSECTION \~,qTH A LINE PAR.ALLEL \~,qTH THE \VESTERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 ): T[~'Z:.:CL LEAVING SAID NORTHERLY LINE NORTH 00040'47" \kEST .4~LONG SAID PARALLEL LINE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 3. AS RECORDED IN PLAT BOOK 1, PAGE 16. PLTBLIC RE_CORDS OF COLLIER COUNTY. FLORIDA, BEING A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 20°56'08'' EAST: THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG SAID CURVE. CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 53 °03'24" FOR AN ARC DISTANCE OF 370.41 'FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE WHICH IS PARALLEL WITH THE .&FORESAID WESTERLY RIGttT-OF-WAY LINE OF TAMIAMI TR.,ML (U.S. 41 - S. R 45'); THENCE SOUTH 00040'47" EAST ALONG SAID PAIKALLEL LINE FOR A DISTANCE OF 630.00 FEET TO THE POINT OF BEGINNING: CONT.-MT'lNG 4.790 ACRES OF LAND. MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 3 A P.a.2ZC EL OF LAND LYING IN SECTION 21, TOW'NSHiP 48 SOUTH, RANGE 25 EAST, COLLIER COU,'NTY. FLORIDA, SAID PARCEL OF LAuND BEING MORE PAI~.TICULARLY DESCRIBED AS FOLLOWS: COM.",FENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21: THENCE NORTH g9°50'30'' V~ EST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4/ OF SA2D SECTION 21 FOR A DIST.4~NCE OF q95.63 FFET: THENCE LEAVING SAID 5oL"i HERLY LD4E NOR'Itt 00°09'30" EAS'I FOR A DISTANCE OF 100.00 FEEl' TO ,MN · '~ ' "' ' ' ,' ; I ' '"' ' '~ SAiD SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21, THE POi'N9 Oi- BEGi.~,rNI-NG OF TI-PE HERE~N DESCRIBED PARCEL NO. THENCE NORTH 89°50'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF 40I .O4 FEET: THENCE LEAVING SAID PARALLEL LINE NORTH 00042'02'' WEST FOR A DISTANCE OF 1210.87 FEET: THENCE SOUTH 89050'30'' EAST FOR A DISTANCE OF 801.92 FEET; THENCE NORTH 00009'30'' EAST FOR A DISTANCE OF 5.00 FEET; THEN('E S©' :TH 89°50'30'' EAST FOR A DIST.-Mx, ICE OF 154.92 F~ET: THENCE NOKFH v0°ug'30'' EAST FOR A DISTANCE OF 631.93 FEE'I- TO A POINT OF CURVE FROM WHICH TtiE RADIUS POINT 4 BE,MKS NORTH 62°11'56" EAST; DEC lq 1999 THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY. HAVING A RADIUS OF 250.00 FEET, A CEN17Lad~ ANGLE OF 62°55'02" FOR AN ARC DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY: THENCE NORTH 89°16'53" EAST FOR A DISTANCE OF 55.53 FEET; THENCE SOUTH 00°43'07'' EAST FOR A DISTANCE OF 505.08 FEET; THENCE NORTH 89°50'30'' WEST FOR A DISTANCE OF 442.82 FEET; 7?_ENCE SOUTH 45°09'30'' WEST FOR A DISTANCE OF 151.26 FEET: THENCE SOUTH WEST FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH WEST FOR A DISTANCE OF 200.00 FEET; THENCE SOUTH WEST FOR A DISTANCE OF 390.00 FEET; WEST FOR A DISTANCE OF 190.00 FEET: THENCE SOUTH 00°09'30" WEST FOR A DISTANCE OF 338.00 FEET; TO THE POINT OF BEGINNING; 00o09'30" 45o09'30'' 00o09'30'' THENCE SOUTH 45°09'30'' CON 1-AtNING i8.415 ACRES OF LAND, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The subject properts' is currently owned by Collier Development Corporatiom 3003 Tamiami Trail North, Naples, Florida 34103. 1.4 GENEIL~L DESCRIPTIONS OF THE PROPERTY 1 he 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. pUD document was PUD Ordinance No. 90-45 and A - Agricultural. 1.5 PHYSICAL DESCRIPTION The project site is a mixture of range land, upland forests, barren land and wetlands. The wetlands border the Cocohatchee River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast comer of ~r.:* }:;op~.:: -M'~ch from daere slopes downward to the r, orfi~west and the river. The soiis are a species of fine sands (Arzell; Charlotte. Irmnokalee, and St. Lucie) and man,ore swamp along the river. AGEND~ ~T~. DEC lq 1999 1.6 STATEMENT OF CONSISTENCY WITH THE GROWTH MANAOEMENT 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,, intensitv 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 well planned and compatible land uses and objectives which establish density, levels are designated in the plan. The proposed project furthers these standards including the use of creative PUD design with useable open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the Collier Tract 21 P.U.D. "1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PLT, POSE The pu~ose 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 =acts included in the project, as well as other project relationships. GENE P,_-X~L Regulations for development of the Collier Tract 21 PUD shall be in accord,nce 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. Grov,-th Management Plan in effect at the time of local £mal development order or building permit application. Where these regulations fall to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless othe:-,~-ise 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. Ail c,-md:,qe~:s irnr' 'sed m':d graph, lc materiel presented dep!cting reztr;.'cficn~ for '&.e development of the Collier Tract 21 PUD shall become part of the regulations which govern the map, n~r in which the PU-D site may be developed. Un_iess specifically waived through any variance or waiver provisions from any other :?? .~ .~ ~- -. ":ti ~':s. ici: o-. ~.~s~I',ho.scregula:~on~i-~otott'~e."x*.i~cFrov;dedfor in this PUD remain in full 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 Count.~ [.and Development Code at the earliest, or next, to occur of either Final Site Developmem 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 co,.h"se, and no separate epen space requirements shall be applied to the Co~mlercial Tract. 7 --- 2.3 Di-_~t_R1PTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan is iljustrated graphically by Exhibit "A". PUD Master Plan. There shall be tour t4) 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 Golf course. =170.5 acres Commercial. 50,000 square feet of gross leasable area/one hundred (100) hotel or motel rooms. =3.4 acres "L"' Lake. =29 acres "RS": Reserve. =64.5 acres Co TOTAL ~:267.4 acres In addition to the various areas and specific items shown in Exhibit "A", easements such as (utilit>.', private, semi-public) shall be established and/or vacated within or along the property., as may be necessary.. Minor modifications to E.,d'fibit "A", may be permitted at the time of Site Dcveiop:r. em 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. Exhibit "A". PUT) 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. utc 1 1999 Co Appropriate instruments will be provided at the time ofinfrastrucrurai improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Arnendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. Prior to the recording of any Record Plats, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Master Plan, the County. Subdivision Regulations and the platting laws of the State of Florida. 2.6 LANDSCAPE BUFFER There shall be a 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 3.1 SECTION III COMMERCIAL PURPOSE ~e purpose of this section is to identify, specific development standards for the area to be ,~eveioped on Exh/bit "A" as Tract "C" Commercial. 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet of gross leasable area may be constructed on Tract "C". Ifa hotel with accessory uses is developed on Tract "C", the maximum square footage shall be reduced by 225 square feet for everv hotel room. USES PERMITTED No building or structure, or pan 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 effective date of the Collier Tract 21 PUD ordinance. H~.,tels aid mo:els not to exceee, 100 units. 3. Any uses permitted op~ Golf Course a. nd Lake Tracts. An5,' other use which is comparable in nature with the foregoing uses which the Planning Services Manager determines to be compatible wah the intent of this PUD district. B. Accessory Uses Customary accessory uses including meeting rooms and sit down restaurant for hotel and motel. )EC iq 1999 DEVELOPMENT STANDARDS General: All yards and setbacks shall be in relation to individual parce! boundaries. B. C. D. Minimum Lot Area: 10,000 square feet. Mirfimurn Lot Width: 75 feet 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. ?my yard abutting a residential parcel: 25 feet. Minimum Floor Areas: 700 square feet. . ~ -. t, eet Parking and Loading Requirements: As required by the Collier County Land Development Code in effect at the time of site development plan approval. Maximum Height: 1. Principal and accessory structures - 50 feet. Access: Motor veh;cle access to Tract C, which shall also serve as the access to the zoifcourse and ch'b house, shall be limited to one ac~-e~s p, int ov US. 41 that !ines ~ :~ '.'..th ti,,: ~ ~' :hc~n entra,~ce to Rivetch~e 5hog~p~ng Center. l his common access point will be signalized by the State of Florida Department of Transportation t"IZDO7'') pursuant to a separate agreement with Collier Development Corporation for the v,4dening of U.S. 41. 11 DEC 1999 4.1 SECTION IV GOLF COURSE ,,U'4D LAKES PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Ex.hibit "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 than the following: A. Permitted Principal Uses and Structures Golf courses, biking, hiking, canoeing, and nature trails, bridges, boardwalks. overlooks, and all uses permitted in the Reserve Area Tract. Parks, tenms and racquetball courts, basketball courts, exercise courses, and swirmming pools, and any other community neighborhood recreational facilities. Communi'o,' recreation center buildings, recreational shelters, gazebos, clubhouse, restrooms, and wildlife sanctuary/management areas. Wa:er N:~agement and essential services facilities, landscape buffers, berms, and walls or fences and any other perimeter treatments as provided in Section 0 .... r tt'ns pLrD. An.,,' other recreational and open space activity or use which is similar in nature ~ith the foregoing uses and whica 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. o Utility facilities including a reverse osmosis facility or similar facility used 'o tre,-t ~.~d',-r '~r~,!~,ce water f,qr i.-?;ga'ior~ oc-hz :' :C co:~.'s~, golf course maintenance and golf caxt storage facilities. Sales Center for golf course memberships. 12 DEc 1999 Pertained AccessoD' Uses and Structures Accessor3' uses and structures customarily associated with the uses permit-ted in this district, provided that the clubhouse building shall not exceed 60,000 square feet. Essential services and facilities, including imgation pumphouses and facilities. Caretakers residence. 4. Sales offices/centers and property, management offices. 5. Temporary. construction office. DEVELOPMENT STANDARDS Overall site desizn 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 right-of-way, and fifteen (15) feet from any property lines. Unless otherwise specifically provided tke,'z shall be ne setback requirement for laadscape buffers and perimeter treatments. Lighting facilities shall be arranged in a manner which will protect roadways and neighbonng properties from direct glare or other interference. " '1z,~;:-,, ~ .:' ~;£~.t, ~'..,tru: t,ares. Fif~;' tSO') feet. Minimun-., distnncc ber,vcen principal structures: Fifteen ti 5) 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. The Golf C(-urse ,~nd Lake Tr:cts need not be 'l~.e Golf C,3,~-,~e Tract lying nort,~ of Walkerbilt Road shall be subject to the following standards if any structures are constructed thereon: 13 DEC 1 1999 .Masonrs.' wail or similar pre-fabricated wall at least 8 feet in height along the east and west property, lines and set back at least 10 feet from said property lines. Within said east and west setbacks, exterior to the walls, canopy trees at least 12 feet in height shall be planted twenty-five 1,25) 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 w/thin one ( 1 ) year of installation. 14 _ If DEC 14 1999 SECTION V RESERVE AREA 5.1 PURPOSE Reserve Area - The purpose is to preserve and protect vegetation in its natural state and allow limited recreational uses subject to receipt of appropriate permits. It is designated Tract "RS" Reserve on Exhibit "A." USES PERMITTED No building or structure or pan thereof, shall be erected, altered or used. or land used, in whole or in part. for other than the following: A. Principal Uses Open spaces/nature preserves, golf cart tee boxes and golf course bridges and paths. 2. Small docks, piers or other such facilities constructed for purposes of recreation for members of the project. 3. Passive recreation: hiking trails, boardwalks, overlooks. 15 bE C 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 proiect. 6.2 P.U.D. blASTER PLAN All facilities shall be constructed in accordance with final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations in effect on the effective date of the Collier Tract 21 PUD except where specifically noted. The PUD Master Plan (Exhibit ".-V') is an iljustrative preliminary, development plan. The design criteria and layout iljustrated on the Master Plan and the exhibits supporting this project shall be understood as flexible. Master Plan design changes '~-" ' s,ai, be pcnnitted 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 :he, continued operation and nlaintenar, ce of all service utilities. .::greements. provisions, or covenants which govern the use. maintenance and continued protection of the PUD and common areas, will be provided. 6.3 SOLID WASTE DISPOSAL An agreement between the Developer and the approved waste disposal service shall be entered into in order to provide for solid waste collection service to all areas of the project. 6.4 TR.~NSPORTATION A. Golf course maintenance/service driveways shall be permitted on Vanderbilt Drive, 1 11~' .~.venue apd V'~,lt eft !it Road. 16 DEC 1 zl 1999 6.5 Co Prior to or at me 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. 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 xvith the submitted plans is granted by Engineenng Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code. A Concepma! permit from South Florida Water Management District or, a copy of the permit application with supporting info~-mation submitted to the South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. Pemit~ner .:hall provide evidence bv appropriate computer modeling and profile Basin Outfall north of l lP" Avenue will not significantly impacted by the ir,-'ta!i~ti_.n of ,..he cui,ert pipes and lake system in the ?~oposed :nodified 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 Pl~n~n~ ~:nvironmental staff' for ~'~ir review avd ar~pr."val prior :o any :, ~o,xnt,al w'urk en ~e s~te. 'rials plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall cle~ly depict how the final site layout incorporates retained native vegetatio..n to the maximum extent practica~ 17 ~,~o.~ OEeC iq 1999 Ho xnci 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 at~proval This plan will depict the incorporation of native species and their mix v~4th 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 pa.st 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 ',.he Collier County Code Enforcement Department contacted. Any future proposed dock consu'uction shall comply with the Florida Department of Env~.ronmental Protection (DEP)/Collier County Manatee Protection Plan. l'f turkey o',ks are discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. i-.:~ ,~ ,~m.-.ntat i~.:~m~,dng s~xail i~e in accordax-~ce ~ith the State ofl-lo~icla Environmental Resource Pc:mi (ERP) '-tries and regulatiep, s. ,.s well as the i .~a~,ny Corps of Engineers §404 Pcrmiuing 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 planing 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 ~e maintained by the go~f,' ;ab, an,.; tl, ese area_.: ~hall be dedicz:eJ ~ Coil;c: C,~unty on plats or easements, as applicable, with no responsibility for maintenance. 18 Buffers around wetlands shall be in accordance with the ERP issued for this project. Current Planning Environmental Staff shall be provided with copies of U.S. Army Corps of Engineers permits prior to any construction occurring in jurisdictional areas addresseci 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 with the guidelines and recommendations of the U.S. Fish and Wildlife Setwice and Florida Game and Freshwater Fish Commission. Where a protected species occur on site, a Habitat Management Plan £c~r those protected species shall be submined to Current Planning and Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. 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. 6.8 ENGINEERING AND UTILITIES A. Work within Col!ier Counu' 5ght-of-way shall meet the requirements of Collier CounD' Right-of-Way Ordinance 82-91. Water distribution, sewage collection and transmission and interim water and/or sewage t:.eatment facilities to serx'e the project are to be designed, constructed. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with ~he Coun~,'s established rates. Do 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 a,~r>roval. 19 1999 7he ?roperty is to be deveioped over an estimated a ve~ time period. 7his projection of · :,_,,cci ,aeveiooment is no more than an esumate i~asea on current marketing knowledge. 7he estimate may change depending upon future economic factors. - Easements shall be provided for water management areas, utilities and other purposes as required. LAKE SITING .&s demoted on the P.U.D. Master Plan ~Exhibit "A"I. lakes and natural areas have been rreiiminaniv sited. The goals are to achieve an overait aesthetic character for the project. :o permit ovtimum use of the land. and to increase the efficiency of the water management net~vor~. Accordingly the pertinent setback requirements described in Ordinance No. 88-26. Section 8A may be reduced with the approval of the authorized Count5.' officiO. Fill material flow. the lakes are planned to be utilized ;vithin the project. However. excess fill material. ',,v To ! 0°5 of the ' ~al or amp. ximum of 20 000 cubic yards n,ay be removed ,and utilized off- site subject to the requirement of Ordinance No. 88-26. including but not limited to traffic impact fees. etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88,26. To z:;~':r" _~:!'e s~ecificirv. 'ow,,r'actio:: ptn,-~s must bc sabmi~ted with excavation permit submittal. < 1,aNAGE 7ne developer intends to create a uniformly designed special signage and identification ,'~.::m including, but not limited to. suivdiv~zion and entrance signs ior 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 nc,: exceed one hundred and fifty. (150) square feet in total area at each entrance and shall not exceed a height of fifteen (15) feet above the established grade. Additionally. project entrance signs announcing the names of the planned golf course and commercial site shall be allowed. Each identifiable project development shall be allowed .-,,e r, rr,~'ct ~;r'~n~e si~? '~q' to :'X,'r':'~' ~n qr:'~ ofzigb~' rS0~ s2uv~c fe ': n:,d ~ height o"ten ~ 1~3~ :bet aoo~ e the established grade. LDEC 1 zt 1999 '_'tiiizauon ,'-'~ = o ..... public n ghts-o f-way for iandscaping decorative entrance ways, and signage snail be reviewed and approved by the Transportation Director prior to any installations. ESSENTIAL SERVICES Essential services as defined in Land Development Code Section as permitted or conditional ,~ ,re considered as an a,.,.~v ..... permitted use in all land use categories within the project. 6.14 ROADS The entrance to the golf course club shall be a drivexvay and shall not be subject to the provisions oi Land Development Code Section 3.2. Roads within the commercmi 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 onlv. TREATMENTS The perimeter of the project is intended to be buffered/screened from adjacent properties and rights-of-way by combi,nation of any or all of the following; vegetative buffers, ben'ns, walls, fences or ~;her ~ate.~als in 2ccpin5 with the aesthetic theme and quality of the proposed project. Additionally. it shall be allowed that gazebos, towers, arches, fountains or other o.~,T5.:tecmrai ;,,~n'mnents be inc,,morate~ v. idq.in the p.:rhn,:ter ~reatn~ent and that ~.is FL']'., docament's setb~.ck m~d height restrictions shall be waived on these architectural elements. subject :o review and appro~ al oftke Fn~ineehng Review Services tor tip. e-oiUsight traffic __ '~ a~:-~'n:cnt~. 'i'ne ba:l'e.n~,:~. · :ce:Ung of the pm imctcr of,,,,, pl,~jcct sr..ii b~ ot'sach design that it will allow the runoffto flow as designed by the water management system. F 'USERS LANA ~,'pg,SECTION 21'PUD REV 1101.wpd Novcmt)er 5. !9~ 21 1999 EXECUTIVE SUMMARY ADOPT AN ORDINANCE REVISING THE ROAD IMPACT FEE RATE SCHEDULE. OBJECTIVE: To present a proposed road impact fee rate schedule (the "Schedule") to the Board and to the public, to receive input from both and to have the Board adopt an Ordinance incorporating the new fees. CONSIDERATIONS: On October 26, 1999, (Agenda Item 8B1), the Board received a status report and a preview of a proposed new Schedule for road impact fees. At that meeting, staff requested and received approval to proceed to a Public Heating for presentation of the proposed Schedule to the public. The proposed Ordinance is attached (Attachment No. 1) Attachment No. 2 is a copy of the Consultant's (Tindale-Oliver and Associates, Inc. [TOA]) Summary Report. This document provides a brief background of the methodology of reviewing the current road impact fees and details the factors and parameters used in.determining the proposed revised fee schedule. Four fee tables are included in the report. The first table (Table "A") is based on maintaining the original allocation of gas taxes with respect to capital funding and keeping the full local option gas taxes in place or replacing them with other revenue sources. This scenario may not be viable in light of the Board's Budget Policy direction. The last table (Table "D") assumes that the Five-cent Local Option Gas Tax, expinng December 31, 2003, is not renewed. Table "D" also assumes that the Board will continue the present fiscal policy of re-allocating one cent of the Six-cent Local Option Gas Tax each year for seven years to maintenance. '[able "D" is based on the assumption that the re-allocation and the sunsetting will take pl:~,ce ~;r~,~fl~nncouslv and i~,stantat~e,'4,~sly I! is ~ot :~ likely scenario, bu! has been prepared as a means ,_,f demonstrating a "worst case" ~cenario. In Table 'A", 21.2 centb of gas tax is the basis for computing thc gas tax credit and in Table "D", 10.2 cents is available. TOA has also prepared tables showing the effect of phasing out the Six-cent Local Option Gas Tax and not renewing the five-cent Local Option Gas Tax (Tables "B" and "C"). Table "C" presents the most dependable 'evenue stream scenario and is the rate schedule proposed by staff. As an example of the effect of the differences in these two tables, a single-family home that would pay $1.379.00 under the existing Schedule would pay $2,011.00 under Table "A" and $2,433.00 under Table "C". The proposed tables also incorporate several new features not presently provided for in the existing Ordinance. Chief among these is the use of multiple rates for single-family homes based on s~ze. It i~as been dc~:,on,,,[~W~e'~t [h~ '3~,'~' ' !~, a raticme~l nexus between thc size of :~. dx~,elling unit and the average number of daily vehicle trips generated. The figures used in the example above assume a "medium" or middle-of-the-road size home for comparison purposes. Several of the other pertinent parameters have been adjusted to reflect current data since the existing fee schedule was adopted in 1992. Ex_: :::: ye Summary Adopt a Revised Road Impact Fee Rate Schedule Page 2 of 2 FISCAL IMPACT: There is no precise way to quantify the fiscal implications of the proposed Schedules. The ultimate impact of this proposal will depend on the final determination of gas tax availability, the Board's direction with respect to maintenance funding policy, continuation of historic growth trends in Collier County, and other factors beyond the control of staff or the Board. If one assumes that, for several representative land use categories, the same numbers of measured units would be built within a given time period, then the following indicates how the proposed fees would compare to the existing fees: Category No. Ex. Fee Ex. Revenue Fee "A" Revenue Fee "C" Revenue "A" "C" SF Home 1000 du $1,379 $1,379,000 $2,011 $2,011,000 $2,433 $2,433,000 Condo 1000 du $846 $846,000 $1,243 $1,243,000 $1,512 $1,512,000 Gen. Office 50,000 SF $2,453 $122,650 $3,249 $162,~50 $3.947 $197,350 Commercial 150,000 SF $1,995 $299,250 $3,020 $453,000 $3,838 $575,700 Totals $2,646,000 $3,869,450 $4,718,050 The foregoing table indicates that, for the categories and numbers of units chosen for the example, the range of potential revenue increase is from about 46% (Table "A") to about 78% (Table "C"). GROWTH MANAGEMENT IMPACT: The proposed fee revisions are consistent with the review requirements of the existing ordinance and are necessary to assure an uninterrupted revenue source for the implementation of the Transportation Element of the Collier County Growth M:magement Plan. RECOMMENDATION: Staff recommends that the Board re-affirm its existing policy with respect to the use of gas tax revenues for maintenance; adopt the attached Ordinance utilizing the more conservative fee schedule referred to as Table?"C" a.b, gve, and; authorize staff and the {:'h:,~i, ..~ o., ;;m ~<', ~ mi>icm,~:q :md 5<ign au'.' doc,,m,mtalion/fiec css)~y t., ca, I y out the [Ir~aro's direction. SUBMITTED BY: DITE: //' ' Edw~~~ation Services Director ~VIEWEDBY: f~' ~ _//~'~( ~ DATE: [[-- P~in~l, ~pact ~e Coo~aator - ~ / / ~VIEWEDBY~ ~ ~ DATE, V~nc~~ro, AICP, Community Development Administrator APPRO~D BY~~ ~_ ~ DATE. Ed Iischner, Public Wor~ ~dm(~strator Attachments: No. 1 - Proposed Ordinance No. 2 - Tindale-Oliver and Associates, Inc. Summary Report DEC I a 1999 ORDINANCE NO. 99- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92- 22, AS AMENDED, BY REVISING APPENDIX A, ROAD IMPACT FEE RATE SCHEDULE, TO ADD, DELETE AND REVISE DEFINITIONS CONTAINED IN APPENDIX A AND TO REVISE AND UPDATE THE RATE SCHEDULE CONTAINED IN APPENDIX A; PROVIDING FOR CONFLICT -a Wn qFX~R~,BILITY: PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. I~4_EREAS, on April 16, 1992, the Board of County Commissioners adopted Ordinance No. 92-22, entitled the Road Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners desires to revise and update Appendix A, Road Impact Fee Rate Schedule contained in Ordinance No. 92-22, as amended; and WHEREAS, the Board of'County Commissioners desires to revise and update the definitions and land uses contained in Appendix A; and \\ I-IEREAS, the Board of County Commissioners desires to revise and update the rate scheduled contained in Appendix A; and WHEREAS, the Board of Cotmty Commissioners desires to replace the previously adopted ~.:.t ..... ~ it!,. ' veu' .,\Fp~m,u; a in order to efftc,t at. ;k, cse ~'hanges. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUqNITY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: DELETION OF APPENDIX A OF COUNTY ORDINANCE 92-22, AS AMENDED, AND ADOPTION OF APPENDIX A ATTACHED HERETO AND MADE A PART HEREOF AS APPENDIX A. Appendix A of County Ordinance No. 92-22, as.amended, is hereby deleted, and in its place, the attached Appendix A is adopted and added in its place. Words underlined are additions, wordso~°+~'~l~l'"~a. +~.`a-t,,,~l[~aal~ are deletions. P Ot, / OF ,7: ,.,, SECTION TWO: 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 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. ?hi~ Ordinavce sha!l become effective upon filir:g with the Dcpat'h~-,~n~ of~- ~a~c. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .__ day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DW IGi IT E. BRC CK, Cle:k COLLIER COUNT Y, FLORIDA By: Approved as to form and legal sufficiency: Heidi F. :hshton Assistant County Attorney F ',USERS WM3',CI.COLLIER'JNTERIM ORD Words underline_d _are addition.s,,,words r,m.'-c~x tPzaugh are deletions. ATTACHMENT NO.. ,, / PAGE , ,z- OF 7 DEC 1 zl 1999 APPENDIX A ROAD IMPACT FEE RATE SCHEDULE For the purposes of calculating the amount of Impact Fee-to be imposed under Section 2.01 of the Ordinance on all Road Impact Const-~uction the following definitions shall be utilize=: DE.~I~TiONS "Ban~/Savings: drive-in" means a financial institution with facilities for motorists as well as walk-in customers. "Bank/Savings~ walk-in" means a financial institution in a free standing building with its own parking lot, and no drive-in windows. "Church" means a structure used primarily by a group of individuals for the practice of religion or the profession of faith. "Condominium" means a single-family or time-sharing ownership unit that has at least one other similar unit within the same building structure. The term Condominium includes all fee-simple or titled multi-unit structures, including townhouses and duplexes. The term Condominiumincludes single-family detached houses on lots less than 50 feet wide, such as zero-lot line homes. "Convenience Market" means a facility typically open from 15 to 24 hours daily selling primarily a limited assortment of food, food preparation and wrapping materials and household cleaning and servicing items. Convenience markets may also sell fuel for motor vehicles. "Day Care Center" means a facility that cares for pre-school age children during the daytime hours. The facilit.¢ generally includes classrooms, offices, eating areas and a playground. "Golf Course" means an area designed fcr playing the game of golf, including any clubhouse, with or without bar and banquet facilities. "Hospital" me~ns any institution where medical or surgical care is given to nc.ambulatory and ambulatory patients. Hospitals do not include facilities that provide diagnoses and are only for outpatients (See Medical Office) nor do they include facilities that are devoted to the care of person unable to care for themselves (See Nursing Home). A-1 ATTACHMENT NO._ / PAGE ~ OF _ "7' DEC t 1999 ! F--- "HOtel" means a place of lodging providing sleeping accommodations, restaurants, cocktail lounges, meeting and banquet rooms, and other retail and service shops. "Junior/Community College" means all two or four-year post high school educational institutions which utilize the name "college" in their titles. "Manufaoturin~' means places where raw materials or parts are converted into finished products, "Marina" means a facility for berthing boats, including any ancillary social or club facilities. "Medi'cal Off~ce" means a facility for individual or small groups of physicians, that provide diagnoses and outpatient care, but not prolonged in-house medical or surgical care. "Mini-Warehouse" means a building in which a storage unit or vault is rented for the storage of goods. "~obile Home" means trailers and manufactured homes. Recreational vehicles and campers which have been affixed to a site or which have received an RP land use classification by the Property Appraiser shall be considered a mobile home for the purpose of this Ordinance. "Motel" means a place of lodging offering only sleeping 3cco=~odat~,.~s and possibly a restaurant. "Multi-Family Dwelling Unit" means a rental dwelling unit located within the same building as other dwelling units and includes apartments. "Nursing Home" means a facility whose primary function is to care for persons unable to care for themselves, including ~est homes (which are primarily for the aged) and chronic and convalescent homes. "office" meats a building housing one or more tenants where the affairs of a business, commercial or industrial organization, professional person or firm are conducted. "Racquet Clubs" means tennis, handball, squash, racquetball and other court sport facilities, including ancillary swimming pools, and exercise facilities. A-2 ATTACHMENT NO. / PAGE ~ OF '7 DEC ! 1999 "Recreational Vehicle Park" means a facility for the temporary siting of recreational vehicles and may have community facilities such as recreational rooms, swimming pools and laundry facilities. "Restaurant: drive-in" means an eating establishment with limited or no slt-do~ facilities, where food is frequently ordered and taken out to be consumed outside the restaurant building. "Restaurant: h~gh turnover" means an eating establishment with indoor service and places for customers to sit while consuming their meals, with turnover being less than one hour. "Restaurant: low turnover" means an eating establishing with indoor service and places for customers to sit while consuming their meals, with turnover being of at least one hour or more. "Retail" means one or more establishments devoted to selling merchandise goods and products to consumers. "Retirement Home" means one or more dwelling units consisting of apartments, condominiums or a self-contained village which is restricted to adults or senior citizens who are self-sufficient. "School" means facilities which provide educational training between kindergarten and high school. "Service Station" means a facility primarily designed for dispensing fuel to motor vehicles, including maintenance and repair "Single-Family Detached House" means a home on an individual lot, except detached homes on lots less than 50 feet wide, such as zero-lot line homes. "Supermarket" means a retail store selling an assortment of food, food ~reparaticn and wrapping ~.at~rlals and househ~!d cleaning and servicing items. Supermarkets are usually open ].ess than !4 hours per day. "University" means all four-year post high school educational institutions which utilize the name "university" in their title. "Wholesale Warehousing" means facilities that are devoted primarily to storage of material and good:~ and distribution areas for receiving and shipping of materials and goods. A-3 ATTACHMENT NO. / PAGE ,-%" OF 7 DEC 1 1999 November 16, 1999 APPENDIX A RATE SCHEDULE For the purpose of calculating the Road Impact Fee to be imposed under Section 2.01 of the Ordinance, the following schedule shall be utilized: !MPACT FEE LAND USE CATEGORY IMPACT FEE RATE RESIDENTIAL 42. 10-7. tl. Single Family Detached House Less than 1,500 SF 1.500 to 2,499 SF 2.500 SF or larqer Multi-Family (1-2 stories) Multi-Family (3-9 stories) Multi-Family (10 stories & above) Conqreqate Care Facility (ACLF) Condominium/Townhouse Mobile Home Park Retirement Home HiqhoRise Condominium $1,825/dwellin.q unit (1) 2,433/dwellin.q unit (1) 2,871/dwellin.q unit (1) 1,800--882/dwelling unit 1,81 l~/dwelling unit 1,147 607/dwelling unit 263/dwellinq unit 1,512--84g/dwelling unit 1,053 526/dwelling unit 1,012 455/dwelling unit 1,079/dwellinq unit Lod.qin.q 1._~28. Hotel 1,.3~. Motel 14. Resort Hotel $1,762! ,! ! 3/room 892! ,327/room 1,550/room 1.~q.9. Re¢;.)atio;:al Veh!nie Park i ,Oou,. r r;..h_slte COMMERICAL Recreation ~ 6. G:.,!t Course 17. Movie Theaters $156~q_34/1 10,571/screen 8625-- 457/boat berth 12. Mote! 13. Racquet Clubs Institutional 1~9-1-4. Hospital 2__~0-t-~.Nursing Home 2146. Church 21. Elementary School 23. M~dd;e School $3,7632,589/1,000 sq. ft. 340 ! 87/bed 2,190! ,303/1,000 sq. ft. 213/student 322/student 23. Hiqh School 421/student 17. 2_~5-1-8. Junior/Community College 2_¢.6-14~.University 2.~72-0. Day Carei iATTAOHMENT NO. PAGE ............................. -1 '50/su.:hCent 382! 83/student 590327/student 22560/student November 16, 1999 3124. 322-5. 3326. q4 Office Office - 50,000 SF or less ,J,,~.e - 50,001 - 100,000 SF Office - 100,001 - 200,000 SF Office - 200,001 - 400,000 SF Office - greater than 400,000 SF Medical Office Retail Retail $3.9472~53/1,000 sq. ft. 3.36!2,076/1,000 sq. ft. 2.861 ! ,753/1,000 sq. ft. 2,436-1¢W-4./1,000 sq. ft. 2.2182,252/1,000 sq. ft. 7.2663,638/1,000 sq. ft. (1) 3_~628. 3__Z72-g. 3_~838. 3__9~. 4032. 4~33. 4234. 43. 44. Retail- 50,000 SF or less Retail- 50,001 - 100,000 SF Retail- 100,001 - 150,000 SF Retail - 150,001 - 200,000 SF Retail - 200,001 - 400,000 SF Retail - 400,001 - 600,000 SF Retail- 600,001 - 1,000,000 SF Retail- greater than 1,000,000 SF Pharmacy/Dru.q Store w/Drive-Thru Home Improvement Superstore 4._~.538. Restaurant: high turnover 4__.~6G6. .Restaurant: Iow turnover 4737-. Restaurant: drive-in 4__~8;38. Service Station 4.~939. Supermarket $3.358! ,755/1,000 sq. ft. 3.83~/1,000 sq. ft. 3,9112-¢M,.6/1,000 sq. ft. 4,0322,130/1,000 sq. ft. 4.5142,366/1,000 sq. ft. 4.7502,508/1,000 sq. ft. 4,9842,785/1,000 sq. ft. 5.0512,706/1,000 sq. ft. 3,589/1,000 sq. ft. 4,354/1,000 sq. ft. 10.575 8,388/1,000 sq. ft. 9.3107,08!/1,000 sq. ft. 21.16118,6! 8/1,000 sq. ft. 2.40.5~888/f uel pospump 4.4182,825/1,000 sq. ft. 50. Quick Lube 4.570/ba¥ 51. Convenience Store 11 468/1=0_0_g sq. ft. ~5¢ ....._=~onven]e~'ce Stcre w/Gas Pump_s .... 53. Convenience/Gas/Fast Food Store Con .......... ~ao,u,~+. greater 6 9' 3'fuel pos 15,137/1,000 sq. ft. 22.569/store Services 5__~442-. Auto Repair/Body Shop 56 New,'Useu Auto Sales $4,456! ,338/1,000 sq. ft. .............................. _3_~2__67_b a3L~ 8,(~3. ,000 sq. ft. 4&57. Bank/Savings: walk-in 5._~84-4. Bank/Savings: drive-in 5_~94~. Car Wash 6.636;?h98~/1,000 sq. ft. 11,125 7,468/1,000 sq. ft. 10 017/bay '~ on~/~ nnn ~.. ~, Industrial and Aqricultural 60. General Industrial 61. Business Park .(Flex-space) 46. ' Light-!n4~stry 62.4-9= Mini-warehouse $2.279/1,000 sq. ft. 3,791/1,000 sq. ft. (1) 679/1 nnn .~ ~, 852/1 nnn ~ ~+ 567~/1,000 sq. ft. Note 1: Rate subrd iu ui~d~t4~ pei,d;,-,.q fi&',d studios, in pro.qress IATTACHMENT NO. _ IPA [ 7 '7 .o. /¢,(¢~ f~) BE(: 1 i 1999 p$o ~i DRAFT COLLIER COUNTY 1999 TRANSPORTATION IMPACT FEE UPDATE STUDY SUMMARY REPORT Prepared for: Collier County Board of County Commissioners Prepared by: Tindale-Oliver and Associates, Inc. Tampa, Florida Revised: November 22, 1999 AI'IACHMEN) NO. ~ PAGE / OF / ? DEC I q 1999 PG. COLLIER COUNTY 1999 TRANSPORTATION IMPACT FEE UPDATE STUDY 1.0 INTRODUCTION Collier County's Transportation Impact Fee Ordinance was originally adopted in January, 1985, to assist the County in providing adequate transportation facilities for expected growth. Section G of the current ordinance requires the fee to be reviewed and, if appropriate, updated every'two years. The County retained Tindale-Oliver and Associates, Inc. to undertake the 1999 review, which is summarized in this summary report. In addition, alternative fee schedules are presented for consideration by the County for adoption. The general equation used to compute the transportation impact fee for a given land use is: Demand x Cost - Credits = Fee The demand for travel placed on the transportation system is usually expressed in units of , ~h~,.Ic n~ies or lmm-miles of load,., a.~ cap,~city co::sumed, the cost of building capacity' in units of dollars per vehicle-mile or lane-mile of roadway capacity, and the credits are an estimate of the revenues generated by the development which are allocated to roadway construction or tr:msportatio~ system capacity expansion. Thus, thc re0 represe~:ts a~ front" payment for a portion of the cost to replace the transportation facilities consumed by a development. Since Collier County's original transportation impact fee was prepared and adopted, several changes in local policies have occurred, and additional or new information relevant to transportation impact fees has become available. Some of the more significant of these issues which have necessitated this update study include: Modifications in gasoline taxes, · An amended and updated long-range transportation plan, ATTACHMENT NO. ~- ~ PAGE Z OF .... / 7 Inclusion of more specific land uses in the fee schedule, Additional surveys of typical travel characteristics for various categories of land uses, and Updated roadway improvement cost estimates. These items are all discussed in the sections below. This summary report identifies key issues in the current impact fees for which changes are proposed, presents a brief discussion of each issue, and provides an estimate of the sensitivity of the fee to each issue for consideration by the County. In addition, fee schedules are provided showing the effect of these changes. Finally, an estimate of potential revenues from the revised fee schedules are provided.. 2.0 CHANGES TO CURRENT FEE VARIABLES Ch3nges to all eleven input components of the fee equation were reviewed, and changes to seven of the variables are proposed. These potential changes are reviewed in the following sections. 2.1 Individual Land Use Trip Characteristics The amount r~f road system consumed by a land development activity is measured b~ the number of trips generated, the length of those trips, ~md the propc:rtion oi' that travel that i~ new travel rather than travel that might have already been on the road system. When the current fee schedule was adopted, relatively few studies of the trip length and "percent new trips" were available. More such data is now available and, where it is, the trip characteristics data has been updated. Trip characteristics studies of three land uses (residential, business parks, and specialty retail land uses) in Collier County are being undertaken. Trip generation rates from the recently updated Institute of Transportation Engineers' _T~_ Generation reference (6th edition) have also been incorporated. Generally, these changes have not been significant; however, the trip length for residential single-family land uses has been increased from 4.7 miles to 5.5 miles as a result of field studies in other Florida AI'TACHMENI NO. PAGE '~ OF /7 AGENDA ITE{~ . NC) o.~,~..~ DEC I ~ 1999 p~. /,~ counties. Further adjustments may be appropriate pending the findings of the Collier County field studies. Finally, specific land uses have been included in the fee schedule and the independent variables on which the fee is computed have been changed to make the assessment process easier. 2.2 Cost of Transportation Capacity As with the cost of many things, the cost of providing transportation system capacity has increased in recent years. Information from the Collier County Public Works Engineering Department and Florida DOT regarding recent road construction costs have been used to develop a unit construction and engineering cost of $922,520 per lane-mile of road. This cost, excluding fight-of way costs, is eight percent higher than the current right-of-way, construction and engineering cost of $854,170. Further, the projects included in the current work programs have been able to make use of fight-of-way that has been acquired in the past, the cost for which has not been reflected in the specific project costs used to develop the above unit cost. It is appropriate to include the value of this right-of-way in the unit cost, or 'Yalue, of me facility being consumed Dy the travel associated with a development. While it is difficult to estimate the full cost of this value, it is reasonable and conservative to, assume that from 24 to 36 feet of land will be used to add two lanes to .~ road If land is acc?fired (land cost, acquisition fees, severance damages, etc.) for an average cost of $9.00 pe~ squ:m:~' foot, the land cost will add from $570,240 to $855,360 per lane-mile. Thus, the value of land associated with a lane-mile of capacity is approximately $712,778. Thus, the total cost to provide a lane-mile of capacity proposed in the updated impact fee is $1,635,298. Accounting for the cost of providing road system capacity in this manner has close to a 100 percent increase effect on the fee. The County has included overpasses at major intersections in its currently adopted long range transportation plan. Overpasses are more expensive to construct per unit of capacity added than typical road construction projects. However, the costs of these overpasses are not included in this analysis. [AITACHN~ENT NO. ~ P GE OF /7 ATTACHMENT NO, ~ PAGE ~ OF /7 2.3 Gasoline Tax Credit Travel from new development generates gasoline tax revenues, a portion of which is typically allocated to expansion of the transportation system. In the current impact fee, 12.3 cents of the tax on each gallon of gasoline was allocated to system capacity-increasing improvements. The present value of gasoline taxes generated by a new development over a 25-year period is credited against the cost of the system consumed by travel associated with the development. A review of current State and County transportation financing plans indicates that gasoline taxes collected at the local and State levels has increased; however, the portion of these revenues allocated to maintenance, operations, and administration is also increasing. The proportion of gasoline taxes allocated to system expansion is currently 21.2 cents (7.7 cents State and Federal, and 13.5 County). In 2003, the five-cent local option gasoline tax (second local option gas tax) will expire and must be renewed through a countywide referendum. In addition, the County has begun to allocate increasing proportions of the six cent local option gasoline tax (first local option ga~ tax) to maintenance of roadways, thus decreasing amounts of' local gasoline taxes will be available to fund capacity expansion. This increase from the current gasoline tax credit rate results in an increase in the gasoline tax credit and lower fees. For each pcnr, y of gas~lin~~ I:~.',~ allocated to ,:ap~c;ty c:xpansion, the fee ch,mges by ~hree to four percent. Fora altelnadYe fee schedules arc attached to this Surmnary Report for consideration by the Board of County Commissioners. Each considers a different gasoline tax credit approach. The first, Schedule "A", reflects an assumption that the current 21.2 cents of tax will continue through the next 25 years. The second scenario, Schedule "B", considers the continued re-allocation of the six cents local option gasoline tax to maintenance, a penny per year, through 2003. The third, Schedule "C" considers the reallocation of the six cents to maintenance and the lapse of the five cent local option gasoline tax in 2003. The fourth, Schedule "D", assumes the immediate reallocation of all of the six cent and five cent gasoline i .... N^ 4 BEC 1 h 1999 PG. / 4 taxes away from capacity increases in January 2000. This schedule is provided for informational purposes only, as it reflects a departure from current County policy. A geographic approach to gasoline tax credits was also developed and discussed with County staff. This approach relies on a distinction between already developed areas of a community and developing areas. With a larger existing "base" of development, gasoline taxes generated by the "urban core" in a community are typically significantly greater over a planning horizon than the gasoline taxes generated in developing areas. The taxes generated by existing development are often used to build roads in developing areas of the County. If the gasoline taxes generated by existing development were allocated to improve roads within the "urban core", then the impact fees for development in the urban core could be credited with more significant gasoline taxes, with attendant lower impact fees. Developments in the developing areas would not have the "base" of existing development to generate gasoline taxes, the gasoline tax credits would not be as large, and impact fees would be higher. It is unknown if there is significant interest in such a "two-tiered" impact fee structure, or providing reduced impact fees within developed areas. Furthermore, this concept is innovative and has not been tested, and therefore it is not being recon~mended for Collier County. 2.4 Facility Life TI,. :,.,ti',!!' '.ice ~e~ctz:, to. the ii,pc pe~q,.,d over which ga?lin- .~ax ~'evenucs might be bonded to pa3' for an improvement. The life used in the current fee is 25 yems, which is typical of impact lees in many other communities. Thus, no change in this variable is recommended. 2.5 Interest Rate This is the discount rate at which gasoline tax revenues might be bonded, used to compute the present value of the gasoline taxes generated by new development. A rate of seven percent is used in the current fee. Due to recent low interest rates, a change to six percent is recommended. The proposed change from seven to six percent results in a 2.5 percent reduction in the fee. ATTACHMENT NO. ~ ,0._ /,,q £e) DEC 1999 , P~' /,or.. 2.6 Capacity per Lane This value provides for the conversion of travel (in vehicle-miles) to units of lane-miles so the cost of new facilities needed to serve new travel can be computed. The value used in the current ordinance is 8.685 vehicle-miles per lane-mile, and no change is recommended. 2.7 Fuel Efficiency The fuel efficiency of the fleet of motor vehicles using the road system over the next 25 years is used to estimate the quantity of gasoline consumed by travel associated with a land use. A value of 18 miles per gallon is used in the current fee, which we believe is high. Information from the Florida DOT State Revenue Estimating Conference indicates this value is appropriate for the passenger vehicle fleet. When trucks are also considered, a lower value is more appropriate. Thus, a fuel efficiency value of 16 miles per gallon is recommended. This change results in a 3.4 percent decrease in the fee, as more gallons of fuel, and more tax revenue per mile of travel are credited against the cost of system consumed. 2.8 Elfcctix, e Days per Year For all land uses, an effective 365 days per year of operation was assumed in the current fee. This will not be the case for all land uses, as some uses operate only ,,,n week~!?y,,' (c,g. office buildings) and/or only seasonally (e.~,. schools). Use of 365 days per year provides a "conservative" element, ensuring that gasoline taxes are adequately credited against the fee. No changes are proposed in this fee update. 2.9 Interstate MileaL2e Percent This variable is used to recognize that Interstate highway improvements are funded on a national basis and not by local funds. On that basis, travel on the Interstate system should not be assessed. As local trips are made on the Interstate highway, gasoline taxes funding local road construction are being generated. In the current tee, only four percent of locally-generated travel was estimated to occur on the Interstate highway system. However, as the urban area has expanded and with IAI'IACHMENI NO. PAGE ~ OF /7 ~I~A~T~,I'~ . DEC 1 1999 the planned new interchange on 1-75 at Golden Gate Parkway, use of the Interstate system by local traffic is expected to increase. Using the Collier County MPO's micro-FSUTMS travel demand model, 13 percent is estimated and is recommended for use. This change has the effect of reducing the fees by twelve percent. 2.10 Across-the-Board Adjustment This factor simply allows the impact fee rates to be adjusted on an "across- the-board" basis. Some communities do not wish to assess the full impact fee, and opt to discount all land uses by some percentage. Collier County has historically charged the full fee. 2.11 V:C Ratio Management Factor This variable was introduced to recognize that level of service standards are "exception" standards. To maintain a system where nc) road operates at a level of service worse than the adopted standard (a volume to "service volume" ratio of 1.00), a system-wide average volume to capacity ratio of less than 1.00 must be maintained. This factor is intended to address inefficiencies in the utilization of road capacity, the lead-time required for road improvements to be scheduled, and other considerations. The fee will change in inverse proportion to the value used-- for example, use of a value of 0.80 will result in a (1/0.80=1.25) 25 percent increase in the fee. This is an innovative conce~t which, to our knowledge, has not been adopted by any other community~ Thus, it has not been tested, nor is there any c ,mbl;~i',ed basis for 3e~ting al, approi,vi,tt~ Yalue for the factor to bc used. 3.0 PROPOSED FEE SCHEDULES The four alternative fee schedules outlined in the Gasoline Tax Credit section (Section 2.3) are provided for consideration by the County for adoption. The values of the various parameters discussed in the above sections are summarized in the header area of the Fee schedule tables. These fee schedules are preliminary, noting that several of the local trip characteristics studies will not be undertaken until "the season" returns to Collier County. Land uses that may be affected are residential, specialt3) retail, and business park. ATTACHMENT NO. ?---- PAGE ~ OF / NO. fo) 69 BEC 1 1999 The trip characteristics used for these land uses in the proposed fee schedules are based on information used in impact fee studies in other communities, and they will be updated as the local studies are completed. The proposed fee schedules provided herewith indicate impact fee increases of 45 percent to 65 percent assuming the current allocation of gasoline taxes to system expansion will continue for the next 25 years (Schedule "A"), and of 90 percent to 140 percent if the six- cent and five-cent local option gasoline taxes are diverted from capacity increasing improvements immediately (Schedule "D"). IMPACT FEE REVENUE PROJECTIONS From 1994 to 1998, Collier County has averaged $5.2 million per year in transportation impact fee revenues. If recent development trends continue, the present value of this revenue flow over the next 20 years is approximately $100 million. With a 55 percent increase in the fee schedule, estimated revenues would be valued at $155 million. With a 110 percent increase, the estimated revenue would be $210 million. AGE ~2 OF / 7 DEC ! 1999 PG. ITE LUC COL L IER TRA NSPORTA TION IMPA CT FEE SCHEDULE Draft Fee Schedule: Existing Gas Tax Allocation Scenario Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.212 Capacity per lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg Interest rate: 6.0% Effective days per year: 365 Land Use RESIDENTIAL: Family (Detacl~ed) Unit Assessable Total Percent Total Annual Trip Trip Trip New Impact Gas Rate Length Length Trips Cost Tax Interstate Mileage %: Across-the-Board Adjustment: V:C ratio management factor: 13% 0% 100% Gas Net Tax Impact Current Percent Credit Fee Fee Difference Multi-Family 1-2 stories $2,537 Multi-Family 3-9 stories $2,552 MF 10 stories and up $1,617 Mobiie nome Fa;r, $1,497 Congregate Care Facility (ACLF) $378 Retirement Home $1,449 Condominium/Townhouse $2,136 High-Rise Condominium 4.45 $1,524 LODGING: 310 Hotel room 8.23 5.55 6.03 66% $2,469 $79 $1,012 $1,457 $1,113 31% 330 Resort Hotel room 5.90 5.40 5.88 83% $2,174 $70 $893 $1,280 new 320 Motel room 5.63 3.60 4.08 77% $1,272 $43 $544 $728 $1,327 · -45% 416 R¥ Park mh site 3.9 4.70 5.18 100% $1,501 $49 $624 $877 $10,744 RECREATION: 4201Marina - ~0~t_-C~ urse 4431Movie Theaters ! ber~h~_L_2_._96_~ ..100~o I $1,212 18no,es 643.32 j 4.20 j 4.68 100~ J $221,306 screen 109.97I 2.26 I 2.74 76% ~ $15,532 $39 $501 $71! ---L $457o $7,280 $93,u67 $128,239 J585,440 J'l 50% $556 $7,107 $8,425! II / INSTITUTIONS: !,000sf[ 16.78 5.00 I 5.481:7°,,~ J_ ---'~"~ d J 2.61 2.60 3.08 -studen!_~.~_~ 4.50 1.4.98 I 80/o / _stud_~__1.79. 4.50 t 4.98__1 900/0 J student I 1.54 '~E'~ ,-~"~'-] 95% {~eo7-i~ '-~-fS-~ "~?~ ; 4.60 1,000 sf 9.11 ] 5.08 *°/oI ~ student ~ 4.52~ 1.30 1.78 73% $5,~91 $495 $301 $454 $594 $53? 5933 $3,089 $352 $5,562 $4,736 $4,032 -.-~$~ --I $2,1.89 $3,103 $17 ] $221 $274'--]--~8-~-'- $10 t $126 $175.._L$150 ! $19 L$248 -~---F~-' '$314t$183 J$101 151,~88 $1,802 $1,3031 $14/$~82 $170 I $eo i OFFICE: 710150.000 sf or less 1,000 sf 15.59 4.70 5.18 93% 710 50001-100,0008f 1,000sf I 13.27 I 4,70 5.18 93% 710 100.001-200,0008f 1,000sf I 11.30 I 4.70 5.18 93% 710J200,001-400.000sf 1,000sf I 9.62 4.70 5.18 J 93% 710 greater than 400,000 sf 1,000 sf 8.76 4.70 5.18 I 93% 720 Medica Office 1,000 sf 36.13 4.15 4.63 ~ 84% $3,433 $3,125 $10,291 $181 - $2,314 $3,249 $2,453 32% $154 $1,970 $2,766 $2,076II33~? $131 $1,677 $2,355 $1,753II34~o $112 $1,428 $2,005 $1,474 II $1o2 $1,3oo $1,825 $1,252 I 46~o $339 $4,333 $5,958 $3,638 64~ RETAIL: Reta~ Source: Tindale-Oliver and Associates, Inc. ^ 3.80 1 ATTACHMENT NO. ~ PAGE. /~ OF ! '7 Table "A °' COLLIER TRANSPORTATION IMPACT FEE SCHEDULE Draft Fee Schedule: Existing Gas Tax Allocation Scenario Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.212 Capacity per lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg interest rate: 6.0% Effective da~/s per year: 365 Interstate Mileage %: 13% Across-the-Board Adjustment: 0% V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net ITE Trip Trip Trip New Impact Gas Tax Impact Current Percent LUC Land Use Unit Rate Length Length Trips Cost Tax Credit Fee Fee Difference 880/881 Pharmacy/Drug Store w/Drive-ThrL 1,000 sf 90.58 1.90 2.38 38% $5,357 $198 $2,532 $2,824 new 862 Home improvement Superstom 1,000 sf 35.05 4.29 4.77 50% $6,158 $20,2 $2,584 $3,574 new 831 Quality Restaurant 1,000 sf 89.95 2.40 2.88 77% $13,615 $482 $6,166 $7,449 $7,081 5% 832 High-Turnover Restaurant 1,000 sf 130.34 2.05 2.53 72% $15,670 $571 $7,299 $8,371 $8,388 0% 834 Fast Food Rest w/Drive-Thru 1,000 sf 496.12 1.36 1.84 60% $32,882 $1,313 $16,790 $16,092 $16,618 -3% 844 Gasoline Station fuel pos 168.56 1.20 1.68 23% $3,810 $157 $2,013 $1,797 $989 82% 837 Quick Lube bays 42.54 2.68 3.16 71% $6,630 $231 $2,950 $3,680 new ~sn $ ........ ~.~, 1,000 sf 111.51 1.90 2.38 38% $6,594 $244 $3,117 $3,477 $2,825 23% 851 Convenience Store 1,000 sf 737.99 0.80 1.28 41% $19,826 $937 $11,972 $7,854 new 853 Convenience Store with Gas Pump fuel pos 542.6 0.90 1.38 29% $11,599 $525 $6,712 $4,887 new n/a ConVce/Gasoline/Fast Food Slore 1,000 sf 918 1.00 1.48 33% $24,813 $1,084 $13,859 $10,953 new 840 Auto Repair or Body Shop 1,000 sf 37.6 2.90 3.38 72% $6,430 $221 $2,829 $3,602 $1,338 169% 849 Tire Stere bays 30.55 2.68 3.16 71% $4,741 $165 $2,110 $2,631 new I 841 i*~e,,,..Use¢ kulo Sales 1,0'C~0 sf 37.5 4.70 5.---~8 79% $11,40--~ $371 $4,744 $6,661 new 847 Self-Service Car Wash bay 108 2.40 2.88 69% $14,649 $519 $6,634 $8,015 $7,205 11% 9t 1 BanK/Savings Watk-in 1.000 sf 156.48 1.70 2.18 46% $10,023 $379 $4,851 $5,172 $3,959 31% 912 Bank/Savings Drive-in 1,000 sf 265.21 1.70 2.18 46% $16,802 $636 $8,132 $8,671 $7,468 16% INDUSTRY: ~nerallndustrial tl,000sf/ 6.97I 6.00 [ 6.48 I 93%/$3,186/ $1o2|$1,298I $1,887 /$1,218 I! 55°,/° ~~ !F~x-~): ~':~:~ I ~,~ ~_ ~:j",:s.4~;~i~, ~ ~ ~--l~,m Wareho se [ I OOe ~ 2 5 4 30 4 78 9!% $801 j ~26 $336 [ $463 ~ $239 [ 95% ATTACHMENT NO. PAGE OF / 7 Source: Tindale-Oliver and Associates, Inc. ^ Table "B" COLLIER TRANSPORTATION IMPACT FEE SCHEDULE Fee Schedule Assumptions: Draft Fee Schedule: Six-cent Local Option Gas Tax to Maintenance Allocation Scenario (One cent per year for six years, until all six cents are allocated to maintenance) Gasoline Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.180 Capacity per lane: 8,685 Facility fife (years): 25 Fuel Efficiency: 16 mpg Interest rate: 6.0% Effective days per year: 365 Interstate Mileage %: 13% Across-the-Board Adjustment: 0% V:C ratio management factor: 100% ITE LUC Land Use Unit Assessable Total Percent Total Annual Gas Net Trip Trip Trip New Impact Gas Tax Impact Current Percent Rate Length Length Trips Cost Tax Credit Fee Fee Differeoce RESIDENTIAL: 210 Sing;e Famii,~ (Detached) 221 Multi-Family 1-2 stories du 6.59 4.70 5.18 100% $2,537 $70 $896 $1,641 $952 72% 220 Multi-Family 3-9 stories du 6.63 4.70 5.18 100% $2,552 $71 $901 $1,651 $935 77% 222 MF 10 stories and up du 4.20 4.70 5.18 100% $1,617 $45 $571 $1,046 $607 72% 240 Mobile Home Park du 4.81 3.80 4.28 100% $1,497 $42 $540 $957 $526 82% 252 Congregate Care Facility (ACLF) au 2.15 3.00 3.48 72% $378 $11 $141 $238 $153 55% 250 Retiremen! Home du 5.36 3.30 3.78 100% $1,449 $42 $532 $917 $455 102% 230 Condominium~ Townnouse du 5.86 4.45 4.93 100% $2,136 $59 $758 $1,378 $846 63% 2321 High-Rise Condominium du 4.18 4.45 4.93 100% $1,524 $42 $541 $983 new LODGING: 310Hotel room 8.23 I 5.55 6.03I 66% $2,469 330 Reso-t Hctel room 5.90 5.40 5.88 83% $2,174 320 Motel room 5.63 3.60 4.08 77% $1,272 416 RV Park mh ste 3.9 4,70 5.18 100% $1,501 $67 J $860 $1,610 $1,113 J 45% $59 I $758 $1,415 new I $36 J $462 $810 J$1,327 ] -39% I $41 I $530 $971 1$10'744 *1 I RECREATION: ~.___4.201Marina berth I 2.96 I 5.00 ~8~L100O/oj $1,212 ~--~30--T'~-o~'~-~urse 18holes 643.32 4.2~- I 4.68 I ~bO°/° IS221'306 4431M°vieTheaters screen 109.97 2.26 I 2.74 [ 76% I $15,532 $33 $426 J $786 I 5457 $6,181 1579,019 $142,286 1585,440 * 67k~ $472 1$6,034. 1$9,498 I II I INSTITUTIONS: L610 I Hospitat 5201Elemer,tar. - - -~'~ 2-TMi~dle 5601Church ' 5651Day Care 1,000 sf I 16.78 bed 2.61 student '. 102 student...L- 1,79 1,000sf J 9.11 student~ 4.52 5.00 5.48 L.~.7 °/o 2.60 --3.~~- ,.5o 4.~ ~;.~ 4.50 '77~¢~/;~ - 4.50 4. ~90:;/o 450 ~8 ~ 95% 4.50 4.98 ~ 95% 4.60 5.08 90% 1.30 1.78 73% $5,291 $145 $1,858 I $3,433 $2,589 ~'~95 ~ $15 $188 J $307 I $187 $3¢!" S8 ! S107 I $19~ ! $150 $594 I $16..__.] $211 $383 I $190 $539 ~ $!5_~"~L_~-~ $348 ! $183 $3,089 $86 ]$1,o93 $1,996 J $~';'303 $352 $12 $155 $198 ! $60 OFFICE: 710 50,000 si or ,ess 1,000 sf 15.59 4.70 5.18 93% $5,562 $154 $1,964 $3,598 $2,453 47% 710150,001-100.000 sf 1,000 sf 13.27 4.70 5.18 93% $4,736 $131 $1,673 $3,063 $2,076 48% 710! 100.001-200.000 sf 1,000 sf 11,30 4.70 5.18 93% $4,032 $111 $1,424 $2,608 $1,753 49% 7101200.001-400,0C0 sf 1,000 sf 9.62 4.70 5.18 93% $3,433 $95 $1,213 $2,221 $1,474 51% 710 greater than 400,000 sf 1,000 sf 8.76 4.70 5.18 93% $3,125 $86 $1,104 $2,021 $1,252 61% 720~ Medical Office 1,000 sf 36.13 4.15 4.63 84% $10,291 $288 $3,679 $6,612 $3,638 82% RETAIL: 814 S.pecia~ Retail 1 ;000 sf ~,,4~:110~; r;~ .~,~ ~ ~'~ ~ 8201 le~ than 50,~0 sfgla 1,000 sf 87.31 1.50 1.98 48% ' $5,149 $170 $2,178 $2,971 $1,755 69% 820 50.001-100.000 sfgla 1,000 sf 68.17 1.90 2.38 ~% $5,728 $180 $2,299 $3,429 $1,995 72% 820 100.001-150,000 sfg[a 1,000 sf 58.98 2.10 2.58 57% $5,783 $178 $2,276 $3,506 $2,046 71% 820 150,~1-200,000 sfgla 1,000' sf 53.22 2.30 2.78 59% $5,916 $179 $2,291 $3,624 $2,130 70% 820 ~ 2~,001-400,000 sfgla 1,00~ sf 41.56 2.90 3.38 66% $6,515 $190 $2,433 $4,082 $2,366 73% 820 400,00~60,000 sfgla 1,000 sf 35.96 3.30 3.78 70% $6,803 $195 $2,497 ~,306 $2,508 72% 820 6~,001-1 000,~ sfgla 1,000 sf ~9.96 3.80 4.28 76% $7,087 $200 $2,558 $4,529 ~2.7~, 820~ greater than 1,~,~0 sfgla 1,000 sf o.n~ R~ 4~ aQ% $7,1¢4 $202 $2,~2 ~,592 S~' Source: Tindale-Oliver and Associates, In~ A 1 ATTACHMENT NO._ Z DEC 1 1999 PAGE / ~- OF ,/7 .~. ~.1 Table "B" COLLIER TRANSPORTATION IMPACT FEE SCHEDULE Draft Fee Schedule: Six-cent Local Option Gas Tax to Maintenance Allocation Scenario (One cent per year for six years, until all six cents are allocated to maintenance) Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.180 Capacity per lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg interest rate: 6.0% Effective da~/s per year: 365 Interstate Mileage %: 13% Across-the-Board Adjustment: 0% V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net ITE Trip Tdp Trip New Impact Gas Tax Impact Current Percent LUC Land Use Unit Rate Length Length Trips Cost Tax Credit Fee Fee Difference 880/881 Pharmacy/Drug Store w/Drive-Thn 1,000 sf 90.58 1.90 2.38 38% $5,357 $168 i $2,150 $3,206 new 862 Home Improvement Superstore 1,000 sf 35.05 4.29 4.77 50% $6,158 $172 i $2,194 $3,964 new 831 Quality Restaurant 1,000 sf 89.95 2.40 2.88 77% $13,615 $410 $5,235 $8,380 $7,081 18% __ 832 High-Turnover Restaurant 1,000 sf 130.34 2.05 2.53 72% $15,670 $485 $6,197 $9,473 $8,388 13% 834 Fast Food Rest w. Drive-Thru 1,000 sf 496.12 1.36 1.84 60% $32,882 $1,115 $14,255 $18,627 $16,618 12% 844 Gasoline Station fuel pos 168.56 1.20 1.68 23% $3,810 $134 $1,709 $2,101 $989 112% 837 Quick Lube bays 42.54 258 3.16 71% $6,630 $196 $2,505 $4,125 new 850 Supermarket 1,000 sf 111.51 1.90 2.38 38% $6,594 $207 $2,647 $3,947 $2,825 40% 851 Convenience Store 1,000 sf 737.99 0.80 1.28 41% $19,826 $795 $10,165 $9,661 new 853 Convenience Store wilh Gas Pump fuel pos 542.6 0.90 1.38 29% $11,599 $446 $5,699 $5,900 new n/a Cony'ce/Gasoline/Fast Food Store 1,000 sf 918 1.00 1.48 33% $24,813 $921 $11,767 $13,045 new 840 Aulo Repair or Bod~, Shop 1,000 sf 37.6 2.90 3.38 72% $6,430 $188 $2,402 $4,029 $1,338 201% 8491 Tire Store bays 30.55 2.68 3.16 71% $4,741 $140 $1,791 $2,950 new 841 New/Used Auto Sales 1,000 sf 37.5 4.70 5.18 79% $11,404 $315 $4,028 $7,377 new 847 Self-Service Car Wash bay 108 2.40 2.88 69% $14,649 $441 $5,633 $9,016 $7,205 25% 911 Bank/Savings Walk-in 1,000 sf 156.48 1.70 2.18 46% $10,023 $322 $4,118 $5,904 $3,959 49% 912 Bank'Sa.,';ngs Dr~ve-,n 1,000 sf 265.21 1.70 2.18 46% $16,802 $540 $6,904 $9,898 $7,468 33% INDUSTRY: 1101Generallndustria! l l,000sfl 6.97 J 6.00 16.481 93°/° l $3,186 I $86-/$1,102/$2,083 151,21811 71%/ b. 151',~,=ir, i-W~r¢',o,,e I 1,0OOsfI 25 I 4.~0 ~._ 478.~ 91':~'1" 'S801 I $22' ''f"$~5 $516~ $239 116% ............................... __ , 285~J $239 ~LJ_ 11~ ATTACHMENT NO._ PAGE _.. /,,.~ _ OF Source: Tindale-Oliver and Associates, Inc. ^ Table "C" COLLIER TRANSPORTATION IMPACT FEE SCHEDULE Draft Fee Schedule: Loss of five-cent Local Option Gas Tax and Six-cent Local Option Gas Tax to Maintenance Allocation Scenario (Sunsetting of live-cent gas tax in 2003 and one cent per year of six-cent gas tax for six years, until all six cents are allocated to maintenance) Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $1,635,298 SS per ga;ion to capital: $0.148 Capacity per lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg Interest rate: 6.0% Effective days per year: 365 ITE LUC Land Use Unit RESIDENTIAL: Interstate Mileage %: 13% Across-the-Board Adjustment: 0% V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net Trip Trip Trip New Impact Gas Tax Impact Current Percent Rate Length Length Trips Cost Tax Credit Fee Fee Difference 210 Single Family (Delached) 221 Muiti-Family 1-2 stories du 6.59 4.70 5.18 100% $2,537 $58 $737 $1,800 $952 89% 220 Multi-Family 3-9 stories du 6.63 4.70 5.18 100% $2,552 $58 $741 $1,811 $935 94% 222 MF 10 stories and up du 4.20 4.70 5.18 100% $1,617 $37 $469 $1,147 $607 89% 240 Mobile Home Park du 4.81 3.80 4.28 100% $1,497 $35 $444 $1,053 $526 100% 252 Congregate Care Facifity (ACLF) du 2.15 3.00 3.48 72% $378 $9 $116 $263 $153 72% 250 Retirement Home du 5.36 3.30 3.78 100% $1,449 $34 $437 $1,012 $455 122% 230 Condominiurrv Townhouse du 5.86 4.45 4.93 100% $2,136 $49 $623 $~,512 $846 79% 232 High-Rise Condominium du 4.18 4.45 4.93 100% $1,524 $35 $445 $1,079 new LODGING: 3101Hotel room 8.23 5.55 6.03 66% $2,469 $55 $707 $1,762 $1,113 58% 330 Resort Hotel room 5.90 5.40 5.88 83% $2,174 $49 $624 $1,550 new 320 Motel room 5.63 3.60 4.08 77% $1,272 $30 $380 $892 $1,327 -33% 416 RV Park mh site 3.9 4.70 5.18 100% $1,501 $34 $436 $1,065 $10,744 * RECREATION: 444423iIMarina Golf Course berth 2.96 5.00 5.48 100:/,o $1,212 $27 $3SO $862 $457 89~o 18holes 643.32 4.20 4.68 1'~30Yo J $221,306 $5,083 $64,971 $156,334 $85,440 * ' 83Yo' screen [ 109.97I 2.26 ] 2.74I 76% [ $15,532 I $388 INSTITUTIONS: L6201Nurs%ng Home bed 2,61 - ~.60 3.0~ 89% $495 $i2 $154 $346 $187 82% r C2.'~L--16-~,,,t.~-v~chooi ! student [ 1.02 I '~0 4.98 80% $301 $7 $88 $21~ $150 42% ~,~o~o[ ..... ~ ~E?rV ~- ~0 -'1"4.98 ~--~4 ....... ~¢~- -~-i~- ~2~ $13'; ~ ~Soh~' -~tuoent ~.79 ] 4.50 4.98 90% I $594 $14' $173 J $421 $190 ? 121% ..... ~;5~' ........... student 2.38 4.50 ~ -- 560 Church 1,000 sf j 9.1! 4.60 5.08 90% $3,089 $70 $899 $2,1~ $1,303 68% 5651Day Care student 4.52 1.30 . 1.78 73% $352 $10 $127 $225 $60 275% OFFICE: 710 50~000 sf or less 1,000 sf 15.59 4.70 5.18 93% $5,562 $126 $1,615 $3,947 $2,453 61% 710 50,001-100.000 sf 1,000 sf 13.27 4.70 5.18 93% $4,736 $108 $1,375 $3,361 $2,076 62% 710 100.001-200.000 sf 1,000 sf 11.30 4.70 5.18 93% $4,032 $92 $1,171 $2,861 $1,753 63% 710 200001-400.000 sf 1,000 sf 9.62 4.70 5.18 93% $3,433 $78 $997 $2,436 $1,474 65% 710 greater than 400,000 sf 1,000 sf 8.76 4.70 5.18 93% $3,125 $71 $907 $2,218 $1,252 77% 720 Medical Office 1,000 sf 36.13 4.15 4.63 84% $10,291 $237 $3,025 $7,266 $3,638 100% RETA;L: 820 less than 50,000 s~gla 1,000 sf 87.31 1.50 1.98 48% $5,149 $140 $1,791 $3,358 $1,755 91% 820 50.001-100.000 sfgla 1,000 sf 68.17 1.90 2.38 54% $5,728 $148 $1,891 $3,838 $1,995 92% 820 100.001-~50 000 slgta 1,000 sf 58.98 2.10 2.58 57% $5,783 $146 $1,872 $3,911 $2,046 91% 820 150,001-200,000 sfgla 1,000 sf 53.22 2.30 2.78 59% $5,916 $147 $1,884 $4,032 $2,130 89% 820 200,001-400.000 sfgla 1,000 sf 41.56 2.90 3.38 66% $6,515 $156 $2,001 $4,514 $2,366 91% 820 400.001-600,000 sfgla 1,000..sf 35.96 3.30 3.78 70% $6,803 $161 $2,053 $4,750 $2,508 89%I 820 600.001-1.000.000 sfgia 1,000 sf 29.96 3.80 4.28 76% $7,087 $165 $2,103 $4,984 %2.,7S5_ ~4~-;- 820 g~eater than 1,000,000 sfgla 1,000 sf 28.07 3.90 4.38 80% $7,174 $166 $2,123 $5,051 $2,~_ 87% Source: Tindale-Oliver and Associates, Inc. ~ I I~ ~£): ATTACHMENT NO. 'Z. DEC 1 1999 PAGE /'¢ _ OF . ,/¢7 ~6. ,2.,5 Table "C" COLLIER TRANSPORTATION IMPA CT FEE SCHEDULE Dr~.~ ~ee Schedule: Loss of five-cent Local Option Gas Tax and Six-cent Local Option Gas Tax to Maintenance Allocation Scenario (Sunsem~,= o bye-cent gas tax in 2003 and one cent per year of six-cent gas tax for six years, until all six cents are allocated to maintenance) Fee Schedule Assumptions: Gasohne Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.148 Capacity per lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg !nt ~ ~ ~st rate: 6.0% Effective days per year: 365 Interstate Mileage %: 13% Across-the-Board Adjustment: 0% V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net ITE Trip Trip Trip New Impact Gas Tax Impact Current Percent LUC Land Use Unit Rate Length Length Trips Cost Tax Credit Fee Fee Difference 880/881 Pharmacy/Drug Store w/Drive-Thn 1,000 sf 90.58 1.90 2.38 38% $5,357 $138 $1,768 $3,589 new 862 Home improvement Superstore 1,000 sf 35.05 4.29 4.77 50% $6,158 $141 $1,804 $4,354 new 831 Quality Restaurant 1,000 sf 89.95 2.40 2.88 77% $13,615 $337 $4,305 $9,310 $7,081 31% 832 High-Turnover Restaurant 1,000 sf 130.34 2.05 2.53 72% $15,670 $399 $5,095 $10,575 $8,388 26% 834 Fast Food Rest w/Drive-Thru 1,000 sf 496.12 1.36 1.84 60% $32,882 $917 $11,721 $21,161 $16,618 27% 844 Gasoline Station fuel pos 168.56 1.20 1.68 23% $3,810 $110 $1,406 $2,405 $989 143% 837 Quick Lube bays 42.54 2.68 3.16 71% $6,630 $161 $2,060 $4,570 new 850 Supermarket 1,000 sf 111.51 1.90 2.38 38% $6,594 $170 $2,176 $4,418 $2,825 56% 851 Convenience Store 1,000 sf 737.99 0.80 1.28 41% $19,826 $654 $8,358 $11,468 new 853 Convenience Store with Gas Pump fuel pos 542.6 0.90 1.38 29% $11,599 $367 $4,686 $6,913 new n/a Conv'ce/GasolineJFast Food Store 1,000 sf 918 1.00 1.48 33% $24,813 $757 $9,675 $15,137 new 840 Auto Repair or Body Shop 1,000 sf 37.6 2.90 3.38 72% $6,430 $154 $1,975 $4,456 $1,338 233% 849 Tire Store bays 30.55 2.68 3.16 71% $4,741 $115 $1,473 $3,268 new 841 New/Used Auto Sales 1,000 sf 37.5 4.70 5.18 79% $11,404 $259 $3,312 $8,093 new 847 Self-Service Car Wash bay 108 2.40 2.88 69% $14,649 $362 $4,631 $10,017 $7,205 39% 911 Bank/SavingsWalk-in 1,000 sf 156.48 1.70 2.18 46% $10,023 $265 $3,386 $6,636 $3,959 68% 912 Bank/Savings Drive-in 1,000 sf 265.21 1.70 2.18 46% $16,802 $444 $5,677 $11,125 $7,468 49% INDUSTRY: 1101Generalindustrial ~ 1,000sf| 6.97 6.00 I 6.48! 93% ~ $3,186 ] $71 I $906 I $2,279 151,218 ~ I 87% 1511M;,*i*W~eh,~se I 1,000 sf 2.5 4.30 4.78 91 Yo $801 $18 $235 $567 $239 137% ATTACHMENT NO._ ~-. PAGE /~5" __OF_/7 - Source: Tindale-Oliver and Associates, Inc. ^ COLLIER TRANSPORTATION IMPACT FEE SCHEDULE Draft Fee Schedule: Loss of five-cent Local Option Gas Tax and Six-cent Local Option Gas Tax to Maintenance Allocation Scenario (Same as Table "C", except that all loss of revenues are immediate rather than stepped each year) Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.102 Capacity per lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg interest rate: 6.0% Effective days per year: 365 ITE LUC Land Use Unit Interstate Mileage %: Across-the-Board Adjustment: V:C ratio management factor: 13% 0% 100% RESIDENTIAL: Single Family (Detached) Assessable Total Percent Total Annual Gas Net Trip Trip Trip New Impact Gas Tax Impact Current Percent Rate Length Length Trips Cost Tax Credit Fee Fee Difference Multi-Family 1-2 stories $2,537 Multi-Family 3-9 stories $2,552 MF 10 stories and up $1,617 Mobile Home Park $1,497 Congregate Care Facility (ACLF) $378 Retirement Home $1,449 Condominium/Townhouse $2,136 High-Rise Condominium $1,524 LODGING: 310 Hotel room 8.23 5.55 6.03 66% $2,469 $38 $487 $1,982 $1,113 78% 330 Resor~ Hote~ room 5.90 5.40 5.88 83% $2,174 $34 $430 $1,744 new 320 Motel room 5.63 3.60 4.08 77% $1,272 $20 $262 $1,010 $1,327 -24% 416 RV Park mh site 3.9 4.70 5.18 100% $1,501 $24 $300 $1,201 $10,744 * RECREATION: 420Marina berth 2.96 5.00 5.48 100% $1,212 $19 $241 $971 I $457 II 112% ',30 GolfCo,~rs~ 18holes 643.32 420 4.68 100% $221,306 $3,503 $44,778 $176,528 1585,440 I*1 107% 443 Movie Theaters screen 109.97 2.26 2.74 76% $15,532 $267 $3,419 $12,113 INSTITUTIONS: b_61.01Hospltal _L%_,OOOsf_LL6_.78 I 5.00 5.48 I 77~ $5,291 .~___$8_2___ $1.053 $4,238 $2,589J_J 64% -tb-Ed--~"~1 : 2..~.0 5~To ---- $388 $1-~-- j I :~0~'~ O20]Nurs,r,.; ri:.~e 3.01 ! I $49.5 $8 $106 o E, men,a ,so*ool .... i 4. 0 80* , ot $5$8o- S240L LZ .... 522 Middle School 31,,:;-~t I ' 15 I 4.50 i.92 85% $454 $7 $9* $363 $150 I I ,42% 530]Hig, Schooi ~~?~'-4.50 /4.98 9~%~ ,594 ,9 ,119 ,474 ,:9~ [--I 150% 540jJunior/Commcnit;Co;:e~e ~ student_[_L~4 4.50~ 498 95% $5*9 $8 S108 $43! _~83__j ~ 135% ~_ $S33 S13 $167 $668 S2~7~ 104% 5,0hutch ,,O00sf 9.11 4.60 j u.uoI ~u-/o $3,089 $48 $619 $2,47051,303j 90% 5651 D&y C~re /student 4.52 1.3011.78 73% $352 $7 ~8 $265 $60 341% OFFICE: 710 50,000 sforless 1,000 sf 15.59 4.70 5.18 93% $5,562 $87 $1,113 $4,449 $2,453 81% 710 50,001-100,000 sf 1,000 sf 13.27 4.70 5.18 93% $4,736 $74 $948 $3,788 $2,076 82% 710 100,001-200.000 sf 1,000 sf 11.30 4.70 5.18 93% $4,032 $63 $807 $3,225 $1,753 84% 710 ,200001-400000 sf 1,000 sf 9.62 4.70 5.18 93% $3,433 $54 $687 $2,746 $1,474 86% 710 ~reater than 400.000 sf 1,000 sf 8.76 4.70 5.18 93% $3,125 $49 $625 $2,500 $1,252 100% 720 Medical Office 1,000 sf 36.13 4.15 4.63 84% $10,291 $163 $2,085 $8,207 $3,638 126% RETA!L: Retail, gla Source: Tindale-Oliver and Associates, I ~c. ~ 1 ATTACHMENT NO. ~" PAGE /~ OF / ? Table "D" COL LIER TRANSPORTATION IMPA CT FEE SCHEDULE Draft Fee Schedule: Loss of five-cent Local Option Gas Tax and Six-cent Local Option Gas Tax to Maintenance Allocation Scenario (Same as Table "C", exCept that all loss of revenues are immediate rather than stepped each year) Fee Schedule Assumptions: Gasoline Tax: Unit Construction Cost: $1,635,298 $$ per gallon to capital: $0.102 Capacity per Lane: 8,685 Facility life (years): 25 Fuel Efficiency: 16 mpg Interest rate: 6.0% Effective days per ~,ear: 365 Interstate Mileage %: 13% Across-the-Board Adjustment: 0% V:C ratio management factor: 100% Assessable Total Percent Total Annual Gas Net ITE Trip Trip Trip New Impact Gas Tax Impact Current Percent LUC Land Use Unit Rate Length Length Trips Cost Tax Credit Fee Fee Difference 880/881 Pharmacy/Drug Store w/Drive-ThrL 1,000 sf 90.58 1.90 2.38 38% $5,357 $95 $1,218 $4,138 new 862 Home Improvement Superstore 1,000 sf 35.05 4.29 4.77 50% $6,158 $97 $1,243 $4,915 new 8311Quality Restaurant 1,000 sf 89.95 2.40 2.88 77% $13,615 $232 $2,967 $10,648 $7,081 50% 832iHigh-Tumover Restaurant 1,000 sf 130.34 2.05 2.53 72% $15,670 $275 $3,512 $12,158 $8,388 45% 834 Fast Food Rest w/ Drive-Thru 1,000 sf 496.12 1.36 1.84 60% $32,882 $632 $8,078 $24,804 $16,618 49% 844 Gasoline Station fuel pos 168.56 1.20 1.68 23% $3,810 $76 $969 $2,842 $989 187% 837 ~uick Lube bays 42.54 2.68 3.16 71% $6,630 $111 $1,419 $5,210 new 850 Supermarket 1,000 sf 111.51 1.90 2.38 38% $6,594 $117 $1,500 $5,094 $2,825 80% 851 3onvenience Store 1,000 sf 737.99 0.80 1.28 41% $19,826 $451 $5,760 $14,066 new 853 3onvenience Store with Gas Pump= fuel pos 542.6 0.90 1.38 29% $11,599 $253 $3,230 $8,370 new n/a Cony'ce/Gasoline/Fast Food Store 1,000 sf 918 1.00 1.48 33% $24,813 $522 $6,668 $18,144 new 840 !Auto Repair or Body Shop 1,000 sf 37.6 2.90 3.38 72% $6,430 $106 $1,361 $5,069 $1,338 279% 849 ITire Store bays 30.55 2.68 3.16 71% $4,741 $79 $1,015 $3,726 new 8,~1 New'Used AL'to Sales 1,000 sf 37.5 4.70 5.18 79% $11,404 $179 $2,282 $9,122 new 847 Self-Service Car Wash bay 1-~'~- 2.40 '----2.88 69% $14,649 $250 $3,192 $11,457 $7,205 59% 911 Bank/Savings Walk-in 1,000 sf 156.48 1.70 2.18 46% $10,023 $183 $2,334 $7,689 $3,959 94% 912 Bank/Savings Drive-in 1,000 sf 265.21 1.70 2.18 46% $16,802 $306 $3,912 $12,890 $7,468 73% INDUSTRY: 1101Generallndustria, I I,000sfl 6.97 I 6.00 I 6.48 I 93% / $3,186 I $49 I $625 ?,561 151,218 I I 11,0% I '--;.~l.-l~',;~,'~a're~ou~e ..... I 1,000sf[ 251 4.35 / 4.78 ~ 91%- $8~1 I $13 ; $162 ~ $640 I $::3~ I . 1~/~ Source: Tindale-Oliver and Associates, Inc. ^ '1 ATTACHMENT NO. PAGE /? _OF /'7' ORDINANCE NO. 99- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 92- 22, AS AMENDED, BY REVISING APPENDIX A, ROAD IMPACT FEE RATE SCHEDUI.E, TO ADD, DELETE AND REVISE DEFINITIONS CONTAINED IN APPENDIX A AND TO REVISE AND UPDATE THE RATE SCHEDULE CONTAINED IN APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAV~S AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 16, 1992, the Board of County Commissioners adopted Ordinance No. 92-22, entitled the Road Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners desires to revise and update Appendix A, Road Impact Fee Rate Schedule contained in Ordinance No. 92-22, as amended; and WHEREAS, the Board of County Commissioners desires to revise and update the definitions and land uses contained in Appendix A; and WHEREAS. the Board of County Commissioners desires to revise and update the rate schedule contained in Appendix A; and WHEREAS, the Board of County Commissioners desi res to replace the previously adopted .\pp,.ad~>: A xvith a nexv Appendix A in order to effectuate these changes. NO~\, THEREFORE, BE IT ORDALNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: DELETION OF APPENDIX A OF COUNTY ORDINANCE 92-22, AS AME.XZDED, .~ND ADOPTION OF APPENDIX A ATTACHED HERETO AND MADE A PART HEREOF AS APPENDIX A. Appendix A of County Ordinance No. 92-22, as amended, is hereby deleted, and in its place, the attached Appendix A is adopted and added in its place. Words underlined are additions, words struck through are deletions. SECTION TWO: 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 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. TI:is O:dinance shall become effective upon filing with the Depm~mem of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ATTES~I': DWIGr~T E. BROCK. Clerk Approved as to form and legal sufficiency: ~ /7 Heidi F. Ashton Assislant County Attorney f ,[ SES::, WV ~ TX( O;.I.I }iR',T7 7] d~,l M ORI) ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COIrNTY..rg,ORIDA By: Words underlined are additions, words o*',,"~' *~' ..... ~' ............. ~,, are deletions. APPENDIX ROAD IHPACT FEE RATE BCHEDULE For the purposes of calculating the amount of Impact Fee to be imposed under Section 2.01 of the Ordinance on all Road Impact Construction the following definitions shall be utilizec: DF~FIL~TiONS "Bank/Savings= drive-in" means a financial institution with facilities for motorists as well as walk-in customers. "Bank/Savings= walk-in" means a financial institution in a free standing building with its own parking lot, and no drive-in windows. "Church" means a structure used primarily by a group of individuals for the practice of religion or the profession of faith. "Condominium" means a single-family or time-sharing ownership unit that has at least one other similar unit within the same building structure. The term Condominium includes all fee-simple or titled multi-unit structures, including townhouses and duplexes. The term Condominiumincludes single-family detached houses on lots less than 50 feet wide, such as zero-lot line homes. "Convenience Market" means a facility typically open from 15 to 24 hours daily selling primarily a limited assortment of food, food preparation and wrapping materials and household cleaning and servicing items. Convenience markets may also sell fuel for motor vehicles. "Day Care Center" means a facility that cares for pre-school age children during ~he daytime bouts. The facility gen~.r~,ly includes classrooms, offices, eating areas and a playground. "Golf Course" means an area designed for playing the game cf golf, including any clubhouse, with or without bar and banquet facilities. "Hospital" means any institution where medical or surgical. care is given t¢ nonambulatory and ambulatory patients. Hospitals do not include facilities that provide diagnoses and are only for outpatients (See Medical Office) nor do they include facilities that are devoted to the care of person unable to care for themselves (See Nursing Home). A-1 Words underlined are additions, words struck tkraugk are deletions. "Hotel" means a place of lodging providing sleeping accommodations, restaurants, cocktail lounges, meeting and banquet rooms, and other retail and service shops. "Junior/Community College" means all two or four-year post high school educational institutions which utilize the name "college" in their titles. "Manufacturing" means place~ where raw materials or parts are converted into finished products. "Xarina" means a facility for berthing boats, including any ancillary social or club facilities. "Medical Office" means a facility for individual or small groups of physicians, that provide diagnoses and outpatient care, but not prolonged in-house medical or surgical care. "Mini-Warehouse" means a building in which a storage unit or vault is rented for the storage of goods. "Mobile Home" means trailers and manufactured homes. Recreational vehicles and campers which have been affixed to a site or which have received an RP land use classification by the Property Appraiser shall be considered a mobile home for the purpose of this ordinance. "Motel" means a place of lodging offering only sleeping accommodations and possibly a restaurant. '~ului~Fami!y Dwelling Unit" means a rental dwelling unit located within the same building as other dwelling units and includes apartments. "Nursing Home" means a facility whose primary function is to care for persons unable to care for themselves, including rest homes (which are primarily for the aged) and chromic and convalescent homes. "Office" means a tuilding housing one or more tenants where the affairs of a business, commercial or industrial organization, professional person or firm are conducted. "Racqllet Clubs" means tennis, handball, squash, racquetball and other court sport facilities, including ancillary swimming pools, and exercise facilities. A-2 Words underlined are additions, wordso~t'"'~'v ............ ~' ..... e,,.~' are deletions. "Recreational Vehicle Park" means a facility for the temporary siting of recreational vehicles and may have community facilities such as recreational rooms, swimming pools and laundry facilities. "Restaurant: drive-in" means an eating establishment with limited or no slt-dow~ facilities,'where food is frequently ordered and taken out to be consumed outside the restaurant building. "RGstaurant: high turnover" means an eating establishment with indoor service and places for customers to sit while consuming their meals, with turnover being less than one hour. "Restaurant: low turnover" means an eating establishing with indoor service and places for customers to sit while consuming their meals, with turnover being of at least one hour or more. "Retail" means one or more establishments devoted to selling merchandise goods and products to consumers. "Retirement Home" means one or more dwelling units consisting of apartments, condominiums or a self-contained village which is restricted to adults or senior citizens who are self-sufficient. "School" means facilities which provide educational training between kindergarten and high school. "Service Station" means a facility primarily designed for dispensing fuel to motor vehicles, including maintenance and repair services. "Single-Family Detached Rouse" means a home on an individual lot, except detached homes on lots less than 50 feet wide, such as zero-lot line homes. "Supermarket" means a retail store selling an assortment of food, food preparation and wrapping materials and household clea~'~ing and ~e~ic~ng ~te~. SuL. er~al'k~t< are usually cpen less than 14 hours per day. "university" means all four-year post high school educational institutions which utilize the name "university" in their title. "Wholesale Warehousing" means facilities that are devoted primarily to storage of material and goods and distribution areas. for receiving and shipping of materia]~ and goods. A-3 Words underlined are additions, words gu'ack thrc'.:gk are deletions. November 16, 1999 I APPENDIX A RATE SCHEDULE For the purpose of calculating the Road Impact Fee to be imposed under Section 2.01 of the Ordinance, the following schedule shall be utilized: IMPACT FEE LAND USE CATEGORY IMPACT FEE RATE RESIDENTIAL 1. Single Family Detached House $1 ,37 2. Less than 1,500 SF $I ,825/dwellin.q unit (1 3. 1,500 to 2,499 SF 2,433/dwellin.q unit (1) 4. 2,500 SF or larger 2,871/dwellin.q unit (1) _42. Multi-Family (1-2 stories) 1,800 952/dwelling unit 5,3. Multi-Family (3-9 stories) 1,811--8,?~/dwelling unit _64. Multi-Family (10 stories & above) 1,147 60T/dwelling unit 7. Conqreqate Care Facility (ACLF) 263/dwellinq unit 88. Condominium/Townhouse 1,512 846/dwelling unit 96. Mobile Home Park 1,053 526/dwelling unit 107. Retirement Home 1,012--488/dwelling unit 11. Hiqh-Rise Condominium 1,079/dwellin.q unit Lod.qin.q 128. Hotel $1,7621,113/room 1_.~3~. Motel 892! ,327/room 14. Resort Hotel 1,550/room !_~51-~. G4cCeationa~ Vehicle Park 1,065/mh site -!-0-,744/acre COMMERICAL 1_.6_:_._Golf Cours_e .... _$1_~5_6,334_/1._8 hole____~s '; Movi~ :-i,,.;at~.: s 10.57!/screen 5.~8-1-!-. Marina 8625 457/boat berth 12. Motel ! ,066/acre 13. Racquet r'h,ko o,rm'~/~ r~nn o,-, ~ Institutional 1._~9-!-4. Hospital $3,763 ...... 1,000 sq. ft. 2__Q0-14. Nursing Home 340!87/bed 2146. Church 2,190!,303/1,000 sq. ft. 21. Elementary School 213/student 23. Middle School 322/student 23 Hiqh School 421/student -1-7--- Schoo! 150/st'ddent 2__~48. Junior,'Cornmuni[y Col,e~;e 382.;43G/student 2__~6 -1-9. University ~90327/student 2_Z72-~.Day Care 22560/student Words underlined are additions, words st;-ac ........ ~h are deletions. November 16, 1999 Office 3_02-S. 3'124. 3--22-5. 3328. Office - 50,000 SF or less Office - 50,001 - 100,000 SF Office - 100,001 - 200,000 SF Office - 200,001 - 400,000 SF Office - greater than 400,000 SF Medical Office $3,9472,453/1,000 sq. ft. 3,3612,076/1,000 sq. ft. 2,861 ! ,753/1,000 sq. ft. 2,4364¢,-7--4/1,000 sq. ft. 2,2182,252/1,000 sq. ft. 7,2663,638/1,000 sq. ft. Retail 34. 3_.6_628. 3_Z~. 3--838. 3._~_98¢. 4_0a~. 41~. 43. 44. 4939. Specialty Retail 0 Retail - 50,000 SF or less $3,358! ,755/1,000 Retail - 50,001 - 100,000 SF 3,838-%9,98/1,000 Retail- 100,001 - 150,000 SF 3,9112-¢;~.6/1,000 Retail- 150,001 -200,000 SF 4,0322, ! 30/1,000 Retail - 200,001 - 400,000 SF 4.5142¢q86/1,000 Retail - 400,001 - 600,000 SF 4,7502,508/1,000 Retail- 600,001 - 1,000,000 SF 4,9842r78~/1,000 Retail - greater than 1,000,000 SF Pharmacy/Dru.q Store w/Drive-Thru Home Improvement Superstore Restaurant: high turnover Restaurant: Iow turnover Restaurant: drive-in Service Station Supermarket (1) sq. ft. sq. ft. 50. Quick Lube 51. Convenience Store 52. Convenience Store w/Gas Pure_aris sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. 5.0512,706/1,000 sq. ft. 3,589/1,000 sq. ft. 4,354/1,000 sq. ft. 10,575 8,388/1,000 sq. ft. 9.3107,08!/1,000 sq. ft. 21,161 ! 6,6! 8/1,000 sq. ft. 2.405 989/fuel pospump 4.4182,825/1,000 sq. ft. 4,570/bay 11.468/1,000 sq. ft. 6.913/fue! pos 53 Conve~,i3nca/Gas,"Fast Focd Store 15__137/1,000 ~q. ft. Services 55. Tire Store 3.268/b ay.~ 56. New/Used Auto Sa!es 8.093/! .000 s(~. ft. 4&57. Bank/Savings: walk-in 6.636~/1,000 sq. ft. 5-844. Bank/Savings: drive-in 11,125 7,468/1,000 sq. ft. 5946. Car Wash 10.017/bay 7,205/! ,000 sq. ft. Industrial and Aqricultural 60. General Industrial 61. Business Park (Flex-space) 46. Light !ndustry 47. ' ' '~'~' '~'"' 48. ~^1'~ r~h~-~, ,oln~ 62__.,44~. Mini-warehouse $2.279/11000 sq. ft. 3.791/11000 sq. ft. (1) 6,-8~0C0 sq. ft. 852/1,000 sq. ft. 567239/1,000 sq. ft. Note 1' Rate subiect to chanqe pendin.q field studies in pro.qress Words underlined are additions, words o,~,.t. ,~. ..... h are deletions. EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-111, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; AMENDING SECTION ONE AND SECTION FOUR TO PROVIDE FOR FINANCING OF LANDSCAPING BEAUTIFICATION WITHIN THAT PORTION OF U.S. 41 FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD; PROVIDING FOR IDENTIFICATION MARKERS AS AN AUTHORIZED POWER; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE OBJECTIVE: That the Board of County Commissioners adopt amendments to Ordinance No. 90-111, the Ordinance that created the original Pelican Bay Municipal Service Taxing and Benefit Unit (MSTBU). CONSIDERATIONS: During the recent budget hearings the Board directed staff to include in the Pelican Bay MSTBU budget the cost sharing for landscape beautification of that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. The amendments to this Ordinance authorize the expenditure of Pelican Bay MSTBU funds for the landscape beautification of U. S. 41 from Pine Ridge Road to Vanderbilt Beach Road and for Pelican Bay community identification markers. This Ordinance has been reviewed and approved as to form and legal sufficiency by the County Attorney's office. This ordinance has been reviewed by the Pelican Bay Services MSIBU Advisory Committee. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The U.S. 41 Beautification project is estimated to cost $502,000. The cost is evenly allocated between the Pelican Bay Irrigation and Landscape Fund and the County's North Naples Roadway fund for this project. Funds are presently budgeted in the North Naples Roadway fund. The replacement of identification markers is to be funded through the Pelican Bay Irrigation and Landscape Fund. The Pelican Bay portion of the U.S. 41 beautification project ($251,000) is available within the adopted budget. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve the ordinance amendment and the required budget amendments as discussed herein. Prepared By: Ann Made Saylor, Adm~trative Assistant II Date: Date.,/ '- - / ' Approved By: /ff~ff)~~.-~.~_..-~ )Ed fls-e(hner, Publie4~rk-~ Administrator DEC ~q ~S99 I 1 2 3 5 6 7 8 9 lO 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 33 3! 32 33 34 35 36 37 38 39 40 41 42 44 45 46 ORDINANCE NO. 99- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 90-111, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT; AMENDING SECTIONS ONE AND FOUR TO PROVIDE FOR THE FINANCING OF THE LANDSCAPING BEAUTIFICATION OF ONLY THAT PORT1ON OF U.S. 41 FROM PINE RIDGE ROAD TO YANDERBILT BEACH ROAD; PROVIDING FOR IDENTIFICATION MARKERS AS AN AUTHORIZED POWER; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: * SECTION ONE: Amendment to Section One of Collier County Ordinance No. 90-111, as amended. Section One of Collier County Ordinance No. 90-111, as amended, is hereby amended to read as follows: SECTION ONE: Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit. Pursnant to F.S. c':~. l :'~5 'md ,~rticle !I of this Ordinance, the Pelican Ba~ Mai4cipal Service Taxing and Benefit Unit is hereby created for the purpose of providing street lighting, water management, extraordinary law enforcement service, beautification, including but not limited to beautification of recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscapin~o beautification of only that portion of U.S. 41 fi.om Pine Rid_ge Road to Vanderbilt Beach Road; SECTION T~,X'O: ganen&nent to Section Four Collier County Ordinance No. 90-111, as An,ended. Section Four of Collier CounW Ordinance No 90,-111, as amen,ted, is hereby' amended as follows: SECTION FOUR: Purpose; Powers The Unit is formed for the purpose of providing street lighting, water management, extraordinary taw enforcement service, beautification, including but not limited to beautification of Recreation facilities, sidewalk, street and median areas, identification markers, the maintenance of conservation or preserve areas and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road, in the above described taxing and benefit unit and to that end shall ?ossess all the powers to do all ttdngs reasonably necessary to provide such services. Words underlined are additions, words ............. ~.. are deletions. DEC { 1999 PG. "~ 2 SECTION THREE: Inclusion into the Code of Laws and Ordinances. 3 The provisions of this Ordinance shall become and be made a part of fl~e Code of 4 Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be 5 renumbered or relettercd to accomplish such, and the word "ordinance" may be changed 6 to "section", "article", or any other appropriate word. 8 SECTION FOUR: Conflict and Severability. 9 In the event this Ordinance conflicts with any other ordinance of Collier County to or other applicable law, the more restrictive shall apply. If any phrase or portion of this I1 Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such 12 portion shall be deemed a separate, distinct and independent provision and such holding 13 shall not affect the validity of the remaining portion. 14 15 SECTION FIVE: Effective Date. 16 This Ordinance shall become effective upon filing with Department of State. 17 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Country, Flo, ida, this day of ,1999. 20 21 23 74 25 26 27 28 29 30 31 32 33 34 35 36 39 ATTEST: DWIG[~[ 1' E ~.~ROt K, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Attest as to Chairwoman's signature only. PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency , Thoma,s C. Palmer Assistant County Attorney Words ~ are added; words e.~.:'zk ff. re~:g~ are ~leleted. DEC I-q1 99 I COST ESTIMATE AREA # LGTS COST TOTAL TOTAL PER LGT MONTH ANNUAL Brookside Units 1-3 Coconut Creek Units 1-3 Coconut Grove Units 1-3 Gates Mills Flamingo Estates Johnnycake Cove Mentor Pines Naples Groves & Truck Co's Little Farms No. 2 Naples Villas Rainbow Cove Rock Creek Park Rock Creek Terrace Sunrise Villas Sunset Subdivision Turnbury Willoughby Acres Willoughby Pines Willow West 30 43 17 3 26 3 2 24 10 2 4 2 4 1 7 67 2 6 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.O0 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Total Annual Fees: 1. Administration (estimate, based on history) 2. Property Appraiser (estimate) 3. Tax Collector (estimate) 4. Indirect Cost Reimbursement (estimate) 5. Other Contractual Services (estimate; one-time construction charge) $ 450.00 $ 5,400.00 $ 645.00 $ 7,740.00 $ 255.00 $ 3,060.00 $ 45.00$ 540.00 $ 390.00 $ 4,680.00 $ 45.00 $ 540.00 $ 30.00 $ 360.00 $ 360.00 $ 4,320.00 $ 150.00 $ 1,800.00 $ 30.00 $ 360.00 $ 60.00$ 720.00 $ 30.00 $ 360.00 $ 60.00$ 720.00 $ 15.00$ 180.00 $ 105.00 $ 1,260.00 $ 1,005.00 $ 12,060.00 $ 30.00$ 360.00 $ 90.00 $ 1,080.00 $ 3,795.00 $ 45,540.00 Total $ 1,000.00 $ 900.00 $ 1,400.00 $ 2,500.00 $ 40,000.00 $ 91,340.00 NOTE: 1. All figures are approximate. An actual cost estimate will be obtained from the utility provider for budgeting purposes if the Board adopts the Ordinance. 2. The estimated cost per light is factored on the cost of 16,000 Lumen I~igh pressure Sodium Vapor (HPSV) lights, including pole cost, cable cost, and fuel charges. IBIS HAy EXECUTIVE SUMMARY AUTHORIZATION OF A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY SCOTT W. PRICE AT 4110 6'" STREET N. E. IN GOLDEN GATE ESTATES, COLLIYR COI'.N 1'¥. OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 75% deferral of Collier County hnpact Fees authorizing the payment of impact fees and appropriating the funds for defe~xal of Correctional Facilities Impact Fees, Road Impact Fees, Library System hnpact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Scott W. Price, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Scott W. Price has submitted an application for a 75% deferral of impact fees for one house to be built by Scott W. Price at 4110 6th Street N. E. in Golden Gate Estates, Collier County, as a moderate income, first time home buyer and qualifies for an impact fee deferral under the provisions of the Impact Fee Deferral Ordinances. The cost of the house will be $86,550.00. FISCAL IMPACT: Funding for the proposed impact l'ee de[erral is available in the Affordable Housing Trust Fund. Thc total amount of impact fees requested to be deferred is $3,217.75. a) Library System Impact Fee $ 135.39 b) Road Impact Fee 1034.25 c) Parks Impact 615.63 d) EMS hnpact Fee 10.50 e) Educational Systems Impact Fee 1,333.50 f) Correctional Facilities Impact Fee 88.48 Total Impact Fees to be Deferred $3,217.75 GROWTH MANAGEMENT IMPACT: The impact fee deferral will bring relief for a moderate income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary Price Impact Fee Deferral Page Two RECOMMENDATION: ]'he Board o£ County Commissioners accept the Resolution and Agreement authorizing the deferral of impact fees for a home to be built at 4110 6th Street N. E., Golden Gate Estates in Collier County, by Scott W. Price, a moderate income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: Dalbey, ~l~nner II ~ Housing and Urban Improvement Reviewed by: 'Greg ~ .,4it~1i'~'5 D-irectc~' Housing hnd Urban Improvement \ Date~/- 2 ~ ~ App?/~cd by: /~ /XTINCENT A. CAUTER(5, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/execsum/urice 1 RESOLUTION NO. 99- 2 3 RESOLUTION OF THE BO,~R.D OF COUNTY COMMISSIONERS, COLLIER 4 COL .%'TY, FLOR]DA. AUTHORIZING A 75% DEFERtL&L OF CORRECTIONAL 5 FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND 6 RECREATIONAL FACILITIES 12ViPACT FEES. ROAD IMPACT FEES. 7 EMERGENCY MEDICAL SERVICES IMPACT FEES ANT) EDUCATIONAL 8 FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE 9 CONSTRUCTED BY SCOTT W. PRICE AT 4110 6~h STREET, N. E., GOLDEN 10 GATE ESTATES, COLLIER COUNTY, FLORIDA. 11 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and 12 affordable housing for moderate, low, and very-low income households in the County and the need 13 for creative and innovative programs to assist in the provision of such housing by including several 14 provisions in tile Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; 15 objective 15. policy 1.5.2. policy 1.5.3, policy 1.5.4, policy 1.5.5. policy 1.5.6; objective 1.6, policy 16 I.C,.3~ ob.lectl,c 21. p:.mc: 2.1.1, policy 2.1.2. policy 2.1.3, policy 2.i.5. and polic5 2.1.6 of the 17 Housing Element: and 1S WHEREAS, Collier Count> has received funding pursuant to ~he State Housing Initiatives 19 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 20 Administrative Code; and 2! WItEREAS, in accordance with Collier County Ordinance No 93-19, the Count>' is 22 authorized to use fundin~ from the State Housing Initiatives Partnership [SHIPI Program for waivers 23 of Collier County impact fees; and 24 WHEREAS, Scott W Price is seeking a 75% deferral of impact fees; and 25 V(HEREAS, Scott W Price will construct a three fY) bedroom m~it tthe "Dwelling Unit"~ at 26 4110 6th Street, N E m Golden Gate Estates, Collier Count>. Florida; which ~s proposed to sell for 27 Eight>, Six Thousand F~ve Hundred Fifty Dollars ($86,550.00 ~, and :~ WHEREA,q, the Dwelling Unit will be owned by a moderate income household, and 2 , \YHFRE ~ ~ >c.':' '.v r'ric~ ~.~bntittcd to thc ~ffi,-e of Oe tl'.,u~.ing and l'%a-, hnprovement 30 Department an Affordable Housing Application dated September 16, 1990 for a 75% deferral of 31 impact f_'es ~,,r the c'on=tr',,zSoi: ora ilousc at 4110 6th ~; reel, N.~.,u Golden t. Jam Estates, Collier 32 County, Florida, a cop>' of said application is on file in the Housing and Urban Improvement 33 Department; and 34 Vv'HEREAS, in accordance with Section 3.04 of the Correctional Facilities lmpact Fee 35 Ordinance. Ordinance No 99-52: Section 3.04 of the Library System Impact Fee Ordinance, 36 Ordinance No 88-97. as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee 37 Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 38 92-22. as anae~ded; >,ocnon 3.05 ,of the Emergenc> Medical Services S,~stcm hnpact Fee Ordinance, 39 Ordinance No. 91-71, as amended; and Section 3.05 of thc Educational Facilities System hnpact Fee -1- ~ Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of impact fees Jy qualifying for a deferral; and 3 WHEREAS, Scott W. Pr/ce has qualified for a 75% deferral of impact fees based upon the 4 following representations made by Scott W. Price: 5 A. The Dwelling Unit shall be owned by a first-time home buyer. (~ B T}c D,, e;[i~,~ Tnir sha!I be owned by a household with a moderate inc,nne level as 7 that term is defined in the Appendices to the respective Impact Fee Ordinances and the 8 monthh payment to purchase the unit must be within the affordable housing 9 guidelines established in the Appendices to the respective Impact Fee Ordinances. 10 C. The Dwelling Unit shall be the Homestead of the owner. 11 D. fb*' Dwelling Unit shall remain affordable for fifteen (t5) years from the date the 12 certificate of occupancy is issued. 13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 15 16 17 i8 20 21 23 2O 27 28 29 3(~ 31 32 33 The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 75% deferral of impact fees to Scott W. Price for one (1) house wh;ch =hah be constructed al 4110 6th Street, N. E., Golden Gate Estates, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Scott W. Price, or other documentation acceptable to the County ~ttomev. the Board of County Commissioners hereby authorizes the payment Collier County of the following impac! fees from the Affbrdable Housing Trust Fund, Fund (191), in the following amounts ~br the one (1) i:3use to [',e built at 41 lO 6th .',:,cci. h. f.. Golden Gate Estates, c'o!Se~ t_ ount:, Florida by Sc~,u kS'. Tcd21__J~;~ a q I__T?: 15°; nelk'rral A. Library Impact l-ee B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E Educational Facilities System Impact Fee F Correctional Facilities hnpact Fee Fotal hnpact Fees 180.52 $ 135.39 1,379.00 1,034.25 820.84 615.63 14.00 1050 1 S.O ) 1,333.50 117.98 88.48 4,290.34 53,217.75 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the properly owner and/or purchaser and the County. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to that certain mortgage loan from First Atlantic Mortgage Corp. to Owner in the amount of $90,525.00 is necessau to obtain financing to purchase the Dwelling Unit. 9 This Resolution adopted after motion, second and majority vote favoring same. 10 11 l 2 DATED. 13 14 ATTEST: 15 DV~qGHT E. BROCK, Clerk 16 17 18 19 20 2I 22 23 Approxcd ::s ',~ Ibm: and 24 legal sufficiency: 25 27 . 2S Heidi F. X~hton 30 31 32 33 ~ c ~mpfees pr'cc 34 35 3~ 39 4O 41 42 43 44 45 46 47 48 49 5(3 51 52 53 54 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN -3- 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~19 2O 21 22 23 24 25 EXHIBIT "A" LEGAL DESCRIPTION SCOTT W. PRICE RESIDENCE THE WEST 75' OF TRACT NO. 42 IN GOLDEN GATE ESTATES UNIT NO. 78 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the 75% Deferral of Impact Fees entered into this day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Scott W. Price, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities hnpact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities hnpact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road hnpact Foe Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Foe Ordinance", provide for waivers of impact fees for nexv owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the lml~act Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the lmpact Fee Ordinance qualifying the project as eligible for an impact fee deferral and WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in Resolution No. 99-__ at its regular meeting of .1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the followinT: a. Owner maintains a household with a moderate income as defined m the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 7. d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dxvelling Unit: and e. OW.~ER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,217.75 pursuant to the Impact Fee Ordinance. In return for the 75% deferral of the impact fees owed by- OWNER, OWNER covenants and agrees to comply with the affordable housing i~npact tee deferral qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the hnpact [:ce Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issucd; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a c. nti~m,~,: periled of fifteen yems after the date the certificate of occupancy is issued. I~IEN. The deferred impacl fees shall be a lien upon the properly which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. RFLEAqE OF IIEN. Ilpon satisfacmp:' completion of the Agreemem requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the deferred impact fees, and upon payment of the deferred impact 3 DEC lq lgg9 p~. //~ fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original O'¢,~ER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OV~9,,'ER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay thc impac~ fees within 30 days of said non-compliance, or (2'i where O~\rNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees thai the impact fees deferred shall constitule a lien on the Dwcllin? lJni~ commencing on the effective date of this Agreement and continuing until repaid. Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Sl-,c,~ Id tt~c OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by ' the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real p~operty. This remedy Js cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. iN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of hnpact Fees on the date and year first above written. Withes ses: Print Nam~ r,,,,~c ~.~ .' '-~ Print Name '.J~ _,9~, -~w (d~'~,-Z.~¥ OWNER: ~cott W. Price STATE OF ~__-1¢ ,,~,~ ) COUNTY OF d~-g~ ) The foregoing instrument was acknoxvledged before me this 1999, by Scott W. Price. He is personally known to me-or pro&dc~d ' iO~uti flea fi on )- as -identification. __ day of _ _ __....._- .(typ-e-mc~ jature of Person Taking Xckl~xvledgment 5 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency H~FT~s~h&lon6] -'¢~://~/~ Assistant County Attorney jd/c/impfce"price EXHIBIT 'A' LEGAL DISCRIPTION SCOTT W. PRICE RESIDENCE THE WEST 75' OF TRACT NO. 42 IN GOLDEN GATE ESTATES UNIT NO. 78 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXECUTIVE SUMMARY AUTHORIZATION OF A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JORGE M. MARTINEZ AND AMANDA A. MARTINEZ AT 3640 22~° AVENUE N.E., IN GOLDEN GATE ESTATES, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 75% deferral of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for deferral of Correctional Facilities Impact Fees, Road Impact Fees, LibraDT System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Jorge M. Martinez and Amanda A. Martinez, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Jorge M. Martinez and Amanda A. Martinez have submitted an application for a 75% deferral of impact fees for one house to be built by Jorge M. Martinez and Amanda A. Martinez at 3640 22nd Avenue, N. E. in Golden Gate Estates, Collier County, as a moderate income, first time home buyer and qualifies for an impact fee deferral under the provisions of the Impact Fee Deferral Ordinances. The cost of the house will be $96,900.00. FISCAL IMPACT: rtmc~i~::. 7or thc propesed impact f~e deferral is available in the Affordable Housing Ymst Fund. The total amount of impact fees requested to be deferred is $3,217."75. a~ Library System Impact Fee $ 135.39 b) Road Impact Fee 1,034.25 c) Parks Impact 615.63 d) EMS Impact Fee 10.50 e) Educational Systems Impact Fee 1,333.50 f) Correctional Facilities Impact Fee 88.48 Total Impact Fees to be Deferred $3,217.75 GROWTH MANAGEMENT IMPACT: The hnpact fee deferral will bring relief for a moderate income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary Price Impact Fee Deferral Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the deferral of impact fees for a home to be built at 3540 22nd Avenue, N. E., Golden Gate Estates in Collier County, by Jorge M. Martinez and Amanda A. Martinez, a moderate income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: e Dalbey, Planner II J Housing and Urban Improvement Date ///~2~///ef~. Reviewed by: "' Greg Yljtlhlic,-Director HeL~smg and Ur!':m~ Imp~'oven~ent Date VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMM L; NITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/ex ecsum/martinez PS. ~ 6 7 8 9 10 I1 12 13 14 15 16 17 1S 19 2O 21 22 23 24 25 26 27 28 29 3o 31 33 34 35 36 37 38 ~9 4O 41 42 43 44 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING DEFERRAL OF 75% OF CORRECTONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, P.adl. KS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY I~IEDICAL SERVICES SYSTEM IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JORGE M. MARTINEZ AND AMANDA A. MARTINEZ AT 3640 22"d AVENUE N. E., GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3. vb3ecuve 2.:, policy 2.1.!, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2. I.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parmership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance With Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for deferral of Collier County impact tees: and '~VHEREAS, Jorge M. Martinez and Amanda A. Martinez are seeking a 75% deferral of impact fees: and WHEREAS, Jorge M. Martinez and Amanda A. Martinez will construct a four (4) bedroom unit (thc "D,.~'clli,~g Un,t") at 35,40 22"a Avenue, N [:, Golden ¢iate Estates in Collic~ Collllty, Fl,~rq,;a is propose,! to sell for Ninet¥-Si~: Thousand Nme Huvdred Dol'.a:'s ($o6.9;q0.00): V~ itEREAS, the Dwehlng Unit will be o~med ~_,y a moderate income household, and X, VHEREAS. Jorge M Martine7 an ~ A:",an.~a A. Ma~ine7 s.?~rnitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated July 30 . 1999 for deferral of impact fees for the construction of a house at 3640 22"a Avenue, N.E., Golden Gate Estates, in Collier County, Florida, a copy of said application is on file in the Housing and Urbaa Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance N~. 88-9~, as amended; Section 3.0-I of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No. 99-39~ Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities SysterIk2mpact Fee as amended; an applicant may obtain a deferral of }npactLfie Ordinance, Ordinance No. 92-33. qualifying for a deferral; and DEC 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 3l 32 35 34 35 36 WHEREAS, Jorge M. Martinez and Amanda A. Martinez have qualified for a 75% impact fee defen'at based upon the following representations made by Jorge M. Martinez and Amanda A. Martinez: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a moderate income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. THEREFORE, BE IT I~ESOLVED BY TIlE BOARD OF COUNTY NOW, COMMISSIONERS OF COLLIER CouNrY, FLOR/DA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for deferral of impact fees to Jorge M. Martinez and Amanda A. Martinez for one (1) house which shall be constructed at 3640 22"d Avenue N. E., Golden Gate Estates in Collier CounB,, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Jorge M. Martinez and Amanda A. Martinez, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (I) house to be built at 3640 22"d Avenue N. E., Golden Gate Estates in Collier County, Florida by Jt~rge M Martinez and Amand~ .'x. Martinez: '[oml In;_~pact Fcc 75°, D~.i'c~'d A. Library Impact Fee $ 180.52 135.39 B Ro~d Imp:~ct Fee 1,379.00 1.034.~5 C. Parks Impact Fee 820.84 615.64 D. EMS Impact Fee 14.00 10.50 E. Educational Facilities System 1,778.00 1,333.50 F.. Correctional Facilities Impact Fees 117.98 .... 88.49 Total Impact Fees $4,290.34 $3,217.77 The deferral of impact fees by Collier County is subject to the execution and recordation ,)i' ,n ,.,f.~ec:..*ent ~o~' ..~c,c r~..)f Collier Cc:~nty Impact i ~'es bctwee:x the prop~rt) O~er and the CounW. Based upon sufficient evidence prgvided by O~er, Ox~mer has demons~ated that a subordinahon of ~e Co~W's rights, interests and lien to that ce~ain mot gage lom'f~ 4 5 6 7 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 38 39 40 41 42 43 44 45 47 48 49 5O ~2 53 54 55 56 57 58 59 60 61 62 63 64 65 67 68 69 7O 71 72 73 74 75 76 Market Street Mortgage to Owner in the amount of $95,800.00 is necessary to obtrain financing to purchase the Dwellin Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as m form and legal sufficiency: H[idi F.~sh~n Assistant County Attorney j d/c/impacffeefiles/reso/martinez -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 t6 17 18 19 2O EXHIBIT "A" LEGAL DESCRIPTION JORGE AND AMANDA MARTINEZ RESIDENCE THE EAST 75' OF THE EAST 150' OF TRACT 84, GOLDEN GATE ESTATES UNIT 71, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- 22 ~A~F- A/-£- j /05"0 Zi'_O'~ AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the 75% Deferral of Impact Fees entered into this day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Jorge M. Martinez and Amanda A. Martinez, hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as mncnded, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 99-39; the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the Impact Fee Orc~inance, a copy of said application is on file in the office of Housing and Urban Improvement Department: and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral, and WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TEP~M. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENI'ATIONS AND WARRANTIES. OWNER represents and wan'ants the following: a. Owner maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; 2 7 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,217.75 pursuant to the Impact Fee Ordinance. In return for the 75% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact ftc deferral qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. I.iEN~ The dcfe.wed impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the deferred impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinm~ce are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and quatitication criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. ShOuld the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real propc~ty. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for WaiverrDeferral of Impact Fees on the date and year first above written. Witnesses: Print Name /-vrmt Name STATE OF CO~TY OF The foregoing instrument was acknowledged before me this j ~ 1999, by Jorge M. Martinez. He is personally known to me.or produced i4entifmation) as identification. __ day of ,,'~,z~.~t.~e_.? , , fi.i~..nature of Person ~akin2 AckngYdedgment Witnesses: Print Name '~. '5'~'.~ i h~, -/>4.,, ';: i .~. .~.p~int Name,.j,/F~? Amanda A. Martinez COUNTY OF The foregoing instrument was acknowledged before me this /.~ day of ~~ , 1999, by Amanda A. Mmtinez. She ~qm~~ produced~~5 of identification) as identification. re } ,[~ JOANNE D I DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Apvroved as to form and legal sufficiency , Hei~ti F~ A~hton - Assistant County Attorney j d/c/impfee/martinez 6 EXHIBIT 'A' LEGAL DISCRIPTION JORGE M. MARTINEZ AND AMANDA A. MARTINEZ RESIDENCE THE EAST 75' OF THE EAST 150' OF TRACT NO. 84 IN GOLDEN GATE ESTATES UNIT NO. 71, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 I I --18' ', L E G,~L ' d~l~ TI i E~r 7.5' ~r T~' ~4 EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BLqLT BY FRANCISCO F. HERNANDEZ AND CRISTINA HERNANDEZ AT 5205 WARREN STREET IN NAPLES MANOR ANNEX, COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 50% Waiver/50% Deferral of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for waiver of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services Impact Fees, Educational Facilities System Impact Fees and Water and Sewer Facilities Impact Fees for one house to be built by Francisco F. Hernandez and Cristina Hemandez, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Francisco F. Hernandez and Cristina Hernandez have submitted an application for a 50% waiver 50% deferral of impact fees for one house to be built by Francisco F. Hernandez and Cristina Hemandez at 5205 Warren Street, Naples Manor Annex, in Collier County, as a low income, first time home buyer and qualify for an impact fee waiver/deferral under the provisions of the Impact Fee Waiver Ordinances. The. house is proposed to sell for $96,000.00. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $7,140.34. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks hnpact 820.84 d) EMS hnpact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Correctional Facilities Impact Fee 117.98 g) Water Impact Fee 1,275.00 h) Sewer Impact Fee 1,575.00 Total Impact Fees to be Waived/Deferred $7,140.34 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary Hernandez Impact Fee Waiver/Deferral Page Two RECOMMENDATION: The Board of County Connnissioners accept the Resolution and Agreement authorizing the waive;' of in,pact fees for a home to be built at 5205 Warren Street, Naples Manor Annex, in Collier County, by Francisco F. Hernandez and Cristina Hernandez, a low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: ~f~ne Dalbey, Planner x~ ~ Housing and Urban Improvement Reviewed by: f~reg Mig~ahc. Director i tousling, ar:,d U"!)an lmp~ox cment /J~ ~ Date t't'{/~~ Vi'NC~NI~. CA~TERO, AICP, ADMINISTRATOR COMML?NITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/impactfce/het nandcz Ordinance, Ordinance No. 99-39; Section 3.0'4 of the Road Impact Fee Ordi 92-22, as amended; Section 3.05 of the Emergency Medical Services System Ordinance No. 91-71, as amended; Section 3.05 of the Educational Faciliti 1 RESOLUTION NO. 99- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. 4 COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% 5 DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, 6 LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATION:AL 7 FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY 8 MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES 9 SYSTEM IMPACT FEES AND REGIONAL WATER/SEWER IMPACT 10 FEES, FOR ONE HOUSE TO BE CONSTRUCTED BY FRANCISCO F. 11 HERNANDEZ AND CRISTINA HERNANDEZ. AT 5205 WARREN 12 STREET, NAPLES MANOR ANNEX IN COLLIER COUNTY, FLORIDA. 13 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and 14 affordable housing for moderate, low, and very.-low income households in the County and the need for 15 creative and irmovative programs to assist in the provision of such housing by including several 16 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; 17 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 18 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the 19 Housing Element; and 20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 21 Partnership P~o~am set forth in Section 420907 e~ seq. Florida Statutes and Chapter 91-37, Florida 22 Administrative Code; and 23 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is 24 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of 25 Collier County impact fees; and 26 WHEREAS, Francisco F. Hemandez and Cristina Hemandez are seeking a 50% waiver/50% 27 deferral ,~fimpact ~ees: and 28 V~'ItEREAS, Francisco F. Hemm~dez and Cristina Hemandez will construct a four bedroom ~ > ,,~:~., (the '*Dx~c'~l,i:.,. [',~it"l at 5205 W~rr.::t Strecl N,tl~}eg 5lqnor .&vn¢:: ii, Collier County, Florida; 30 said house is proposed to sell for $96,000.00, and 31 V~'HEREAS, the Dwelling Unit will be o,aned bx.' a low income household, and 32 WHEREAS, Francisco F. Hemandez and Cristina Hernandez submitted to the office of the 33 Housing and Urban Improvemen' Department an Affordable Housing Application dated September 34 15, 1999 for a 50% waiver/50% deferral of impact fees for the construction of a house at 5205 Warren 35 Street, Naples Manor Annex, in Collier County, Florida, a copy of said application is on file in the 36 Housing and Urban Improvement Department; and 37 WIIEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fcc 38 Ordinance, Ordinance No. 99-52; Section 3 04 of thc Library Systom lmFv, ct Fee Ordinance. 39 Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee 40 41 42 npac~' Sy~In}pl},cq ~{~1~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l0 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3./' 33 35 36 37 38 39 Ordinance, Ordinance No. 92-33; and Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and WHEREAS, Francisco F. Hernandez and Cristina Hernandez have qualified for an impact fee waiver/deferral based upon the following representations made by Francisco F. Hernandez and Cristina Hernandez: A. The Dwelling B. The Dwelling defined in the purchase the Unit shall be owned by a first-time home buyer. Unit shall be owned by a household with a moderate income level as that term is Appendices to the respective Impact Fee Ordinances and the monthly payment to unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Francisco F. Hemandez and Cristina Hernandez for one (1) house which shall be constructed at 5205 Warren Street, Naples Manor Annex in Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50% x~.a;ver~50% dcfen'al or'impact l~es sigp. ed by Francisco [. He:~mndez and £ risiil~a t-ternandez, or other documentation acceptable to the County Attorney, the Board of County Conm,i~si. n~ tm~c'.,y m~lho izes ,t~c payment by C'ol*.i~' Courtly '.~f' the lutlow~g inq~act from the Aflbrdable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 5205 Warren Street, Naples Manor Annex in Collier County, Florida by Francisco F. Hernandez and Cristina Hemandez: A. Library Impact Fee $ B. Road Impact Fee C. Parks Impact Fees: D EMS Impact Fee E. Educ~,tiona: Facilities System hnpact Fee F. Water System hnpact Fee G. Sewer System Impact Fee Total Impact Fees 180.52 1,379.00 820.84 14.00 1,778.00 1,275.00 1,575.00 7,140.34 iDT. ; i q 1S99 4 7 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 37 38 39 4O 41 42 43 45 46 47 48 49 5i 52 53 54 55 56 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County'. 4. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to the first mortgage loan to Owner is necessary to obtain financing to purchase the property. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: Assistant County Attorney jd/c/reso/f, hemandez Pg. k~ 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 20 21 23 24 25 25 27 28 30 31 32 EXHIBIT "A" LEGAL DESCRIPTION FRANCISCO F. HERNANDEZ AND CRISTINA HERNANDEZ RESIDENCE LOT 2, BLOCK 2, 1N NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF, RECORDED IN Pl AT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1 / \ AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of __, 1999 by' and between the Board of County Commissioners of Collier Count3, Flo~da, hereinafter referred to as "COUNTY" and FRANCISCO F. ItERNANDEZ and CRISTINA HERNANDEZ, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively refbrred to as "Impact Fee Ordinance", provide i~br waivers of impact fees for new ~ ,'er-occupied dwellinv units qualifying as affordable h,~u~ing: and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% defcrral of in,~pact fees as established in the Impact Fee Ordinance; and 1999 WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER ch:bodied in Resolution No. WHEREAS, the Impact Agreement with the COUNTY. Fee at its regular meeting of ,1999; and Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dxvelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the hnpact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a Iow income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; pg. o o c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen .(15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the vwner of record or' the Dwelling Unit and owes m~pact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the 50% waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agrcement shall be made junior, inferior and subordinate to the first mortgage loan to OWNER. 3 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary doc umcnt,tion evidencing the termination of the lien, including, but not linfited to, a release of lien. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Cmnmissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should O~NER violate any provisions of this Agreement, the impact fees wmved/deferred 4 shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in defa_~[ of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: Pnn~am~: ~=~,, ~-:_ ._ (~ Francisco F. Hernandez COUNTY OF ) ;The foregoing instrument was acknowledged before me this ~2/ day of _~. ~Z~'~7/7~.':'~.-/ , 1999, by Francisco F Hernandez. He is personally kn;wn ~o me or produced /Z/~:._.c-75-'~ ~2W'~, -J'-'4-~__(type of identification) as identification. Witnesses: ~rint Name OWNER: Cristina Hemandez STATE OF ./7--{'~.~._~-7-,-- ) COUNTY OF ~~--f' ) The foregoing instrument was acknowledged before me this cZ/ day of _~=_/~.~ , 1999, by Cristina Hemandez. She is personally known to me or produced ,/,/g,, 3'-,I--?~,- _.~¢.':(type of identification) as identification. .~%frL.¢--- ,~ DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/c/agr¢cv~e;n:.s f hernande;' 6 EXHIBIT 'A' I~EGAL DISCRIPTION FRANCISCO F. AND CRISTINA HERNANDEZ RESIDENCE LOT NO. 2, BLOCK 2, IN NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 EXECUTIVE SUMMARY AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR TWO VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN THE SEMINOLE SUBDIVISION IN IMMOKALEE, COLLIER COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services Impact Fees, and Educational Facility System Impact Fees. The impact fees are for the following facilities: two houses to be built by Habitat for Humanity of Collier County, Inc. with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Habitat tbr Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of two houses to be built in the Seminole Subdivision in Immokalee, Collier County, that will sell to very low income families for approximately $46,500. The homes will be built on the following described property. Lot 10, Block A, Seminole Subdivision, Plat Book 1, Page 31 Lot 12, Block A, Seminole Subdivision, Plat Book 1, Page 31 Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the requirements under the Impact Fee Waiver Ordinances as very low income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waivers is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $8,580.68. fee charges for the two houses in Seminole Subdivision in Immokalee, Impact Collier County, would be itemized as follows: Unit 2 Houses a) Correctional Facilities Impact Fee $ 117.98 $ 235.96 b) LibraD' System Impact Fee 180.52 361.04 c) Road Impact Fee 1,379.00 2,758.00 d) Parks Impact Fees 820.84 1,641.68 e) Emergency Services Impact Fee 14.00 28.0(I I3 School Impact Fee 1,778.00 3,556.00 TOTAL IMPACT FEES $4,290.34 $8,580.68 Executive Summary Habitat for Humanity of Collier County, Inc. Page Two GROW'rH MANAGEMENT IMPACT: The impact fee waiver will bring relief to the buyers of housing for very low income family in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for two houses to be built in the Seminole Subdivision in Immokalee, Collier County, by Habitat for Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. PREPARED BY: e Dalbey, Planner licK Housing and Urban Improvement Date REVIEWED BY: Grog Mihh'tic, Dhector Date Housing and Urban Improvement APPP,/OxVEI~Y': /2 VINCEhII A. CAUT RO, AICP, ADMINISTRATOR Date COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES id/c/habitat RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBtLMv. Y SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, CORRECTIONAL FACILITIES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRI,~CTEI) BY HABITAT FOR HUMANFI'Y OF COLLIER COUNTY, INC., ON LOT 12, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE. ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 17 housing for moderate, low, and very-low income households in the County and the need for creative and 18 innovative programs to assist in the provision of such housing by including several provisions in the Collier 19 County Growth Management Plan. including: objective 1.4. policy 1.4. l: objective 1.5, policy t 5.2. policy 1.5.3, 20 policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 21 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and 22 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership 23 Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; 2,4 and 25 WHEREAS, in accordance with Collier County Ordinance No. 93-I9, the County is authorized to use 26 funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impac 27 fees; and 28 WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and 29 WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the 30 "D~xcllmg [,nit") ou Lot 12, Block B, Se~ninole Sub&vision m hnmokalee which is proposed to sell lbr 31 Forty-Six Thousand Five Hundred Dollars ($46,500.00); and 32 WilEREAS, thc Dwelling 15lli[ wilt be purchased by a vet3 lo,x incctne household which is r,~'q't~rcd to 33 invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and 34 WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., 35 submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October 36 17, 1999 for a waiver of impact fees for the construction of a house on Lot 12, Block B, Seminole Subdivision in 37 Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and 38 WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance 39 No. 88-97. as amended: Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, O:d/nance 40 No. 99-3~; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 ot 41 the Emergenc5 Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amended; Section 3.05 42 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, and Section 3.04 of the 43 Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52, an applicant may obtain 44 fees by qualifying for a waiver: and ~a,--?l[ I - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ?~ 24 2~ 26 27 28 29 3O 31 32 33 34 35 36 37 38 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an ~mpact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a veD' low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be xvithin the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dxvelling Unit shall remain affordable tbr fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 12, Block B, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon r~ceipt by the Housing and Urban Improvement Director of an agreement for waive~ of impact fees signed by Habitat for Humanity of Collier County, Inc.~ an&'or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 12, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of C~)lher A. C. D. E. County. Inc.: Library Impact Fee t,~oad lmpa,'t l:ee Parks Impact Fees EMS Impact Fee Educational Facilities System Impact Fee F. Correctional Facilities Impact Fee TOTAL IMPACT FEES 3. $ 180.52 1,379.~!! 820.84 14.00 1,778.00 117.98 $4,290.34 The payment of impact fees by Collier County is subiecl ~.o thc execution a~d recordation of an agreement for waiver of Collier County Impact Fees between thc property, owner and/or purchaser and the County. 1 This Resolution adopted after motion, second and majority vote favoring same. 3 4 DATED: 5 6 A~ITEST: 7 DWIGHT E. BROCK, Clerk 8 9 10 11 12 13 14 Approved as to form and 15 legal sufficiency: 16 19 I~eidi-F.-.~s~ton 20 Assistant CounD, A~omey 21 22 23 j&c/se~noleReso 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 45 44 45 46 48 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 51 32 33 34 35 36 37 38 39 EXItlBI'r "¥' LEGAL DESCRIPTION LOT 12, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - I i~-' I I I I I I I I I I I I I ! ! , Z$ 31 $ , 2 ? /o k, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 99- RESOLUTIO~I OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, CORRECTIONAL FACILITIES IMPACT FEES AND EDUCATIONAL FACILI'IIES SYSTEM IMPACT FEES FOR ONE HOUSE ro BE CONSTRUCTED BY HABITAT FOR HUMA\rITy OF COLLIER COkrNTY, J~NC., ON LOT 10, BLOCK A IN SEMINOI,E SUBDIVISION, IMMOI, LALEE. 16 WHEREAS, Collier County has recognized and attempted to ad&ess the lack of adequate and affordable 17 housing for moderate, low, and very-low income households in the County and the need for creative and 18 innovatwe pro,ams to assist in the provision of such housing b3 including several provisions in the Collier 19 County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1 ~5.2. policy 1.5.3, 20 policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 21 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and 22 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership _23 Pro,am scl fi~rth in Section 420.907 et se~..q., Florida Stat ~tes and Chaplet 91-37, Florida Administrative Code: 24 and 25 Vvq-tEREAS, in accordance with Collier Count), Ordinance No. 93-19, the Count), is authorized to use 26 funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact 27 fees; and 28 ~7tEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and 29 WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (D three-bedroom unit (the 30 "Dwethng Unit") on Lot 10, Block A, Seminole Subdivision in lmmokalee which is proposed to sell 31 Forty-Six Thousand Five Hun&ed Dollars ($v, 6,500.00); and 32 ~VItEKEAS, ~he Dwelli:~g llmt will be purchasect by a very low ~ncoine houschotd which ~s ~'cqu:red to 33 invest a minimum oi' five hundred (500) hours of"Sweat EquiPs'" before it obtains title to the house; and 34 WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., 35 submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October 36 17, 1999 for a waiver of impact fees for the construction of a house on Lot 10, Block A, Seminole Subdivision in 37 Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and 38 WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance 39 N,.~ $~.c)-7, ~s ~mendcd: S~ct,~on 4~}5 ~f thc Parks and Recreational Facili*3es Impact ice (hdinance. (~rdinance 40 No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended: Section 3.05 of 41 the Emergency Medical Services System Impact Fee Ordinance, Ordinancc No, 91-71, as amended; Section 3.05 42 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, and Section 3.04 of the 43 Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver o~n~.~ ~ 44 fees by quali~'ing for a waiver; and 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier Count)', Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date thc certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization li3r waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 10, Block A, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioner hereby authorizes the payment b3 Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 10, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee B. Road Impact l;ee C. Parks Impact Fees D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Correctional Facilities Impact Fee TOTAL IMPACT FEES 3 $ 180.52 ~,379.00 820.84 14.00 1,778.00 117.98 $4,290.34 The payment of impact ~es by Collier County is su~ect to the e~:c:ut~,m and recorda:ion of an agreement for waiver of Collier County impact Fees between the property owner and/or purchaser and the Counff. 1 This Resolution adopted after motion, second and majority vote favoring same. 3 4 5 6 7 8 9 ~0 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 44 45 46 47 48 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: __ PAMELA S. MAC'KIE, I'II>,IRWOMAN Approved as to form and legal sufficiency: Assistant County Attorney jcFc/semmole/reso 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 ~6 17 18 19 2O 21 22 23 24 25 26 27 28 29 31 32 34 35 36 37 38 39 EXHIBIT "A" LEGAL DESCRIPTION LOT 10, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK t, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. I I I I ! AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact. Fees entered into this _ day of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNES SETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance.; Collier County Ordinance No. 92-3'~, as ?mended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OV,~'ER has applied for a ~vaiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact.fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of M1 criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ,1999; and - 1 - V~I-IEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be tnc,,lpc,~ated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENI'ATIONS AND WARRANTIES. OWNER represents and warrants the £ollowing: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. O'¢,'NER is thc owner of record of the Dwelling Unit and owes impact fees in tile total amount of $4,290.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement reqt~irements and fifteen (I 5) years after the date of issuance of the certilicate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case oCsale or transfer bv gift ,~fthe Dwelling Unil. th~ original OWNER shall remain liable for the impact fees waived until said impact fees are paid in lull or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. D!-,.[:AULT. OWNER shall be in default of this Agreement (1) wherc OV~'TER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the Unpact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bnng a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. ~ WITNESS WHEREOF the p'artics hay,.: cxccuted this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~t Name~ (~l~rint Name OWNERS: uAm :A OF Samuel ~J~urso-,- M.D.-----~ ~rre~t - 4 - STATE OF Florida ) COUNTTy OF Collier .) The foregoing instrument was acknowledged before me this /&? day of .d/~9]/' ,1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Sig~rm~ure ofecrson Taking Acknowledtgi'~'-~~~-~ ~ Name of Acknowledger Typed, Printed or DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney id/c/seminole/agree EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~ i' ltl| r~l l,.j L !"--. ;1:) I..ll::l I.t I V l~ iqo I"1 I' ............... '";~' :'"~ ....... I ~o' I ' I I I ~:j I I ' i I I ~ I I ' I I ~ /g l I , I i I I I ~ I /G I I I , I /~ /~ z~'1 ' '.' ' - _ :~. 7~: -.:. '. ~: - AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 1999, by and between the Board of County Commissioners' of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OkX~R." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System hnpact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier Countv Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new o~vner-occupied dwelling unit qualifying as affordable housing; and WHERF. AS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban impro~ cment; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact tee waiver; and W-H EREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ,1999; and W~IEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESEN'FATIONS AND WARRANTIES. OWNER represents and warrants the following: The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact F~_· O~'~ti~ t~nce: The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit sl-~,~ll remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dxvel!ing Unit and owes in]pact fees in the total amoant of 54,220.34 pursuant to thc In, pact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing/q,e~t.), . 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date or' issuance of thc certificate of occupancy, or upon paymem of the xvaived impact fees, the COUNTY shall, at the expense of the COUNIY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dxvelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this A~ccment by the Chairman of thc Board of County Commissioners. 11. DEFAULT. OWNER shall be in defauh or' this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the 'OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit cmmncncing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the [3:~;t:'d n~a3. bri~g a civil action to enforce this agreement. In addition, the lien ma)' be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS V~q:-IEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Name (~.'~?-~*, ~rint Nme OWNERS: HABITAT FOR HUMANITY OF COLLIER C, OUNT,¥_ INC...,,. ,, "S ,L-'lSurso, M.D., President STATE OF Florida .) COUNTY OF Collier ) The foregoing instrument was ackrtowledged before me this /g;~ day of .AJF) t.J . , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally ~own to me. [NO~'AmAL SE.~] Si~ure of Person Taking Ac~ow~~ ~% JO~E ~y ~ Name of Ac~owledger T~ , ' - -~ - -~- ~-=::===~ DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney By: PAMELA S. MAC'KIE, CHAIRWOMAN jd/c/seminole/agree EXHIBIT "A" LEGAL DESCRIPTION LOT 10, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN' PLAT BOOK 1. AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I I I I I I I I I I I ,tJ'I EXECUTIVE SUMMARY AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR SlX VERY LOW INCOME SINC,[I~ Y~MILY HOUSES TO BE BUILT IN NAPLES MANOR, COLLIER COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services Impact Fees, Collier County Regional Water and/or Sewer Impact Fees, and Educational Facility System Impact Fees. The impact fees are for the following facilities: six houses to be built by Habitat for Humanity of Collier County, Inc. with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of six houses to be built in Naples Manor, Collier County, that will sell to very low income Ihmilies for approximately $46,500 each. The homes will be built on the following described properties. Lot 23, Block 14, Naples Manor Addition, Plat Book 3, at Page 68 Lot 24, Block 14, Naples Manor Addition, Plat Book 3, at Page 68 Lot 25, Block 14, Naples Manor Addition, Plat Book 3, at Page 68 Lot 3, Block 15, Naples Manor Addition, Plat Book 3 at Page 68 Lot 4, Block 15, Naples Manor Addition, Plat Book 3 at Page 68 Lot 16, Block 18, Naples Manor Lakes, Plat Book 3 at Page 87 Habitat for Humanity of Collier County, Inc. has certified that the requirements under the Impact Fee Waiver Ordinances as very low buyers to qualify for Affordable Housing Impact Fee Waivers. applicmns will meet the income, first time home FISCAL IMPACT: Funding for the proposed impact fee waivers is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $42,842.04. Impact fee charges for the six houses in Naples Manor, Collier County, would be itemized as follows: Unit 6 Houses a) Correctional Facilities Impact Fee $ 117.98 $ 707.88 b) Librmy System Impact Fee 180.52 1,083.12 c) Road Impact Fee 1,379.00 8,274.00 d) Parks Impact Fees 820.84 4,925.04 e) Emergency Services Impact Fee 14.00 84.00 f) Water Impact Fee 1,275.00 7,650.00 g) Sewer Impact Fee 1,575.00 9,450.00 h) School Impact Fee 1,778.00 10,668.00 TOTAL IMPACT FEES $7,140.34 $42,842.04 Executive Summary Impact Fee Waiver November 30, 1999 GROWTH MANAGEMENT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1 5.2 of the Housing Element of the Growth Mm]agement Pla~. RECOMMENDATION: l'he board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for six houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. jd/l 1/30/99 PREPARED BY: · "J'oam''-r ~e Dalbey, Planner II .) '-""Housing and Urban Improvement REVIEWED BY: Greg Mihalic, Director Housing and Urban Improvement APP BY: Date jd/c/habitat 1 RESOLUTION NO. 99- 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COL~TY, INC.. ON LOT 23. BLOCK la, NAPLES MANOR _ADDITION, COLLIER COUNTY, FLORIDA. 3 4 5 6 7 8 9 10 I1. 12 13 14 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 15 housing for moderate, low, and very-low income households in the County and the need for creative and innovative 16 programs to assist in the provision of such housing by including several provisions in the Collier County Growth 17 Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 18 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5. and 19 policy 2.1.6 of the Housing Element; and 20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program 2'~ set :orth m Section 420.90" ?. seq., Florida Statutes and Chapter 91-37. Flori',ta Administrative Code: and 22 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding 23 from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees; and 24 WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and 25 WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the 26 "Dwelling Unit") on Lot 23, Block 14, Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five 2" Hu. Mred t~ollars ($46~5~10.00); and 28 WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a 29 mimmum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and 30 WHEREAS, Samuel J. Durso, M.D, President of Habitat for Humanity of Collier County, Inc., submitted to 31 the Office of Housing and Urban Improvement an Affordable Housing Applicauon dated September 10, 1999 for a 32 waiver of impact fees for the construction of a house on Lot 23, Block 14 Naples Manor Addition, a copy of said 33 application is on file in the Housing and Urban Improvement Department; and 34 WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee ~-5 Ordinance, Ordinance No. 98-60; Section 3.04 oi t~e L~bmry Svztcm Impact Fee Ordinance. Ordinance N~. $$-97. ~.~ 36 amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, Section 37 3.04 of the Road Impact f;ee Ordinance. Ordinance No. 92-22, as amended; S¢~hon 3.05 of the Emergency Medical 38 Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities 39 System Impact Fee Ordinance. Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace 40 Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying t'or.a wa!~er; ar 1 1 WHEREAS, Habitat for Humanity of Collier Count3', Inc. has qualified for an impact fee waiver based upon 2 the following representations made by Habitat for Humanity of Collier County, Inc.: 3 A. The Dwelling Unit shall be sold to a first-time home buyer. 4 B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in 5 ti~c .\p?endice~ to the respective Impact Fee Ordinances and thc monthly payp,ent to purchase the umt 6 must be within the aff,~rdable housing guidelines established in the Appendices to the respective Impact 7 Fee Ordinances. 8 C. The Dwelling Unit shall be the Homestead of the owner. 9 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of 10 occupancy is issued. 11 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 12 COUNTY. FLORIDA, that: 13 1. ~It~c Board of County Commissioners hereby authorizes the County Administrator to issue an 14 Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) 15 house '.~hich shall be constructed on Lot 23, Block 14 Naples Manor Addition,, Collier Count.~, Florida. 16 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact 17 fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other 18 documentation acceptable to the County Attorney, the Board of County Commissioners hereby 19 authorizes the payment by Collier County of the following impact fees from the Affordable Housing 20 Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 23, Block 14 21 Naples Manor Addition by Habitat for Humanib' of Collier County, Inc.: 22 ^. I ibra~, Impact Fec $ 180.52 23 B. Road Impact Fee 1,379.00 24 C. Parks Impact Fee: 820.84 25 D. EMS Impact Fee 14.00 26 E. Educational Facilities System Impact Fee 1,778.00 27 F. Water Impact Fee 1,275.00 28 G. Sewer Impact Fee $1,575.00 29 H. Correctional Facilities Impact Fee ! 17.98 30 TOTAL IMPACT FEES $7,140.34 31 3. ~llqe payment of impact f~es by Collier County is subject to the execution and recordation of an 32 agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser 33 and the County. 34 1 2 3 4 5 DATED: 6 7 ATTEST: 8 DWIGHI E. BROCK~ Clerk 9 !0 11 12 13 14 15 Approved as to form and 16 legal sufficiency: 17 20 d~ F Ashton 21 Assistant County Attorney 22 23 24 ja'c'Nap!=s Mano~ Addition'reso 25 26 27 28 29 30 31 32 33 34 35 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'K1E, CHAIRWOMAN 1 2 3 4 5 6 7 8 10 11 12 13 14 EXHIBIT "A" LEGAL DESCRIPTION I.OT 23 OF BLOC}' I4, NAPI ES M:MNOR ADDITION, ACCORDING TO THE Pi.Al' BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, A-F PAGE (,8, OF TttE PtlBLIC RECORDS OF COLI,IER COUNTY FLORIDA. 4 This Agreement for the Waiver of Impact Fees entered into this _ day of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new oxv~er-occupied dwelling unit qualifying as affordable ho~.~sing: and WHEREAS, OV~ .~ER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's applic~ti~,n a,.~d ha,~ fi~::nd ~hat it complies with the requirements for an affordable housing xvaiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 ~rHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impac~,e,.e, - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. -Fhe waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not li~nited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. R£CORDiNG. This Agreement shall be recorded by OVv.'NER at the expense of OV~._'~,IER in the Official Pxecc~:'ds of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. ! 1. DEFALrLT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right o~ ~'emcdy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name OWNERS: HABITAT FOR HUMANITY OF '~Samuel~. Durso, M. D., Pres~den} ....ff~_~). ~ STATE OF Florida ) COUNTY OF Collier .) The foregoing instrument was acknowledged before me this /c.'> day of ./~,/~> ~. , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally knoxvn to me. Nme of Ac~owledger T~ed, Printed or Stam~ DATED: A FTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Heiai F. Ashtc n Assistant Counly Attorney jd/c/naples manor addn/agree - 5 EXHIBIT "A" LEGAL DESCRIPTION LOT 23, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. /,3 EXECUTIVE SUMMARY AUTHORIZATION OF A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JUAN MARANTE AT 3811 GOLDEN GATE BOULEVARD IN COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 50% Waiver/50% Deferral of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for waiver of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, and Emergency Medical Services Impact Fees, Educational Facilities System Impact Fees for one house to be built by Juan Marante, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Juan Marante have submitted an application for a 50% waiver 50% deferral of impact fees for one house to be built by Juan Marante at 3811 Golden Gate Boulevard, in Collier County, as a low income, first time home buyer and qualify for an impact fee waiver/deferral under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for $88,988.00. FISCAL IMPACT: Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $4,290.34. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks Impact 820.84 d) EMS Impact Fee 14.00 c) Educationa~ Systems Impact Fee 1,778.00 f) Correctional Facilities Impact Fee 117.98 Total Impact Fees to be Waived/Deferred $4,290.34 GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary Marante Impact Fee Waiver/Deferral Page Two RECOMMENDATION: The Board of County Comnfissioners accept the Resolution and Agreement authorizing the waiver/dcfcrral of impact fees for a home to be built at 3811 Golden Gate Boulevard, in Collier County, by Juan Marante, a loxv income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: Joanne Dalbev. Planner Ilq Housing and Urban Improvement Reviewed by: j~"~ _~. a,./ j~ ~..~..~?~¢~ . "-GreffMihla~c, 'D~Z-~ecto---~ Housing ,~nd [Jrban Improvement Approved/b~y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES j d/c/impactfee/marante 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JUAN MARANTE, AT 38ll GOLDEN GATE BOIILEVARD, IN COLLIER COU2'~TY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, polic3 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.116 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partncrship Program set fnrth in Section 420.907 et.jeff., Flor/da Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Juan Marante is seeking a 50% waiver/50% deferral of impact fees; and WHEREAS, Juan Marante will construct a three bedroom unit (the "Dwelling Unit") at 3811 Golden Gate Boulevard, in Collier County, Florida; which ts proposed to sell mr EiGHI'Y EIGHT THOUSAND NINE HUNDRED AND EIGHTY EIGHT DOLLARS ($88,988.00), and WHEREAS, the Dwelling Unit will be ox~ned by a low income household, and VqI-IEREAS, Juan Marante submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated August 15, 1999 for a 50% waiver/50% deferral of impact fees for the construction of a house at 3811 Golden Gate Boulevard in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended; Section 3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33; an applicant may obtain a 50% waiver/50% defe[ral of ~mpaC. t. fe~.~--' by qualifying fora waiver/deferral; and --~ ' ~/~ ~' 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 WHEREAS, Juan Marante has qualified for an impact fee waiver/deferral based upon the following representations made by Juan Marante: A. The Dx~ elimg Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a moderate income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Juan Marante for one (1) house which shall bc constructed at 3811 Golden Gate Boulevard in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50% waiver/50% deferral of impact fees signed by Juan Marante, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 3811 Golden Gate Boulevard~ in Collier County, Florida by Juan Marante: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks hnpact Fees: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. ('orrectional Facilities Impact Fee 117.98 TotalImpact Fees $ 4,290.34 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. Based upon sufficient evidence provided b5 Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to that certain mortgage loan from Equity Financial Group to Owner in the amount of $97,867.00 is necessiffy.~t'0 .obtain financing to purchase the Dwelling Unit. 1 2 3 4 $ 6 7 8 9 0 1 2 3 4 6 7 0 1 2 3 6 7 8 9 0 1 2 3 4 6 9 0 1 2 3 4 6 7 $ 9 0 I 2 3 6 7 Equity Financial Group to Owner in the amount of $97,867.00 is necessary to obtain financing to purchase the Dwelling Unit. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to foma and legal sufficiency: Heiai l~.'-A~sht~n ' Assistant County Attorney By: PAMELA S. MAC'KIE, CHAIRWOMAN jd/c/reso/marante 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 7 EXHIBIT "A" LEGAL DESCRIPTION JUAN MARANTERESIDENCE THE WEST 105 FT. OF TRACT 135 IN GOLDEN GATE ESTATES UNIT 77, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LA QUINTA - ] AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of impact Fees entered i~:o this day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and JUAN MARANTE, hereinafter referred to as "OWNER." WITNES SETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Colher County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier Count)' Educational Facilities System Impact Fee Ordinance; and Colher County Ordinance No. 98-09, as they may be further amended from time tc~ tir'.~.: i~creinaf~er collecfiwly referred to as "h~pact Fcc Ordin~.:~'e", provide for ~ai,:e~-s of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99-__ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCi'dPT[ON. Thc legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen 1,15) years cc)mmencing from the date the certificate of occupancy is issued for the Dx~'e~hne' ' ~ Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and c O~rlx~R is the owner of record of the Dwellirg Unit and owe~ impact fees in the total amount of $4,290.34 pursuant to the Impact Fee Ordinance. In return for the 50% waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for · ~aived i~npact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and ~ubt, rdinate tc the first mortgage loan to OWNER. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreemem shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Conmussioners. 17. DFF.4.ULT. O;,¥.~ER shall be in default oClhis ~\greement (J) ;, here O;~'~'NER failx to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OVV~ER agrees that the impact fees,waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: Print Name //,~ Idiot Name STARE OF CO TY The foregoing instrument was acknowledged before me this c,,v~'' day of ., 1999, by Juan Marante. He is personally known to me ..... .( t yl~-o-f-/rlm'r tifte~im-r)-a~-idemi-fi~ a~io~a. , DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Atton~ey j d/c/agreements/marante 6 EXHIBIT 'A' LEGAL DISCRIPIlON JUAN J. MARANTE THE WEST 105 FT. OF TRACT 135 IN GOLDEN GATE ESTATES UNIT 77, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 LA QUINTA HOkES Z P4GE 02 EXECUTIVE SUMMARY AUTHORIZATION OF A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY CHRISTOPHER SANTOS-CADOW AT 2160 47~'" AVENUE, N. E. IN GOLDEN GATE ESTATES, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 75% deferral of Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds for deferral of Correctional Facilities hnpact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Christopher Santos-Cadow, with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Christopher Santos-Cadow has submitted an application for a 75% deferral of impact fees for one house to be built by Christopher Santos-Cadow at 2160 47th Avenue N. E. in Golden Gate Estates, Collier County, as a moderatc income, first time home buyer and qualifies for an impact fee deferral under the provisions of the Impact Fee Deferral Ordinances. The cost of the house will be $88,077.00. FISCAL IMPACT: Funding for the proposed impact fee deferral is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be deferred is $3,217.75. a) Llbr:t~y Syst{m~ Impact Fcc $ 135..39 b) Road Impact Fee 1,034.25 c) Parks Impact 615.63 d) EMS Impact Fee 10.50 e) Educational Systems Impact Fee 1,333.50 f) Correctional Facilities Impact Fee 88.48 Total Impact Fees to be Deferred $3,217.75 GROWTH MANAGEMENT IMPACT: The impact fee deferral will bring relief for a moderate income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary Santos-Cadow Impact Fee Deferral Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the deferral of impact fees for a home to be built at 2160 47th Avenue N. E., Golden Gate Estates in Collier County, by Christopher Santos-Cadow, a moderate income family, and to pay for these impac~ fees with State }lousing Incentive Partnership (S.H.I.P.) program revenue funds. Prepared by: ~Jj~inne Dalbey, Planner II tY Housing and Urban Improvement Reviewed by: Gr~c.: K/lil:a!id Director Housing and Urban lmpro; ement Appr~Xt b.~ ~qNCEN-I- A. CAUTERO, AICP, ADMINISTRAIOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/c/execsum/santos-cadow 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING A 75% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PAR.KS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY CHRISTOPHER SANTOS-CADOW AT 2160 47TM AVENUE N.E., GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA. 11 V~-HEREAS, Collier County has recognized and attempted to address the lack of adequate and 12 affordable housing for moderate, low, and very-low income households in the County and the need 13 fo4 creative and im;ovative programs to assist in the provision of such housing by including several 14 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; 15 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 16 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the 17 Housing Element; and 18 WHEREAS, Collier County has received funding pursuant to the State Honsing Initiatives 19 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 20 Administrative Code; and 21 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is 22 authorized to use funding from the State Housing Initiatives Parmership [SHIP] Program for waivers 23 of Collier County impact fees; and 24 WHEREAS, Christopher Santos-Cadow is seeking a 75% deferral of impact fees; and 25 WHEREAS, Christopher Santos-Cadow will construct a three (3) bedroom unit (the 2~, "Dwelling Unit") at 2160 4'~:h Avenue, N. E. in Golden Gate Estales, Collier County, Florida; which 27 is proposed to sell for Eighty Eight Thousand and Seventy-Seven Dollars ($88,077.00), and 28 ~"ttERF ~S. the Dwelling Unit will be owned by a moderate income household, and 29 WHEREAS, Christopher Santos-Cadow submitted to the office of the Housing and Urban 30 Improvement Department an Affordable Housing Application dated September 13, 1999 for a 75% 31 deferral of impact fees for the construction of a house at 2160 47th Avenue, N. E., Golden Gate 32 Estates, Colli.~ County, Florida, a copy of said application is on file in the Housing and Urban 33 Improvement Department; and 34 WltEREAS. in accordance with Section 3.04 of the Correctional Facilities Impact Fee 35 Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, 36 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee 3~ Ordi~,ance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 38 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, 39 Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1 - 5 6 7 8 9 10 11 12 13 14 !5 16 ~7 18 19 20 21 22 24 25 26 27 28 2q 30 31 32 33 34 35 36 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of impact fees by qualifying for a deferral; and WHEREAS, Christopher Santos-Cadow has qualified for a 75% deferral of impact fees based upon the following representations made by Christopher Santos-Cadow: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a moderate income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the D. certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: BOARD OF COUNTY '~ he Board of Count,. C,','wt~i~.;io~,::s hereby :iuthonTe:, the County A..Iministr;~tor to issue an Authorization for 75% defe~al of impact fees to C~stopher S~tos-Cadow for one (1) house which shall be constructed at 2160 47tI; Avenue, N. E.. Golden Gate Estates, Collier County, Flohda. Upon receipt by the Housing and Urban Improvement Director of ~ a~eement for defe~al signed by C~stopher Santos-Cadow, or other documentation acceptable to the Coumv Attorney, thc Board of C,,tmty Conunissioners hereby atttho~izcs the payment by Collier County of the following impact fees from the Affordable Housing Trust F~md, Fund (191), in the t~llowing amounts for thc one (1~ t.,)u~e to be built at 2160 47~h Avenue, N E., Golden Gate Estates, Colliei Co:::~ty, Florida t'). ~5: istopher Santos-Cadow: A. Library Impact Fee B. Road Impact Fee C l':~rk- hnpact Fcc' D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Correctional Facilities Impact Fee Total Impact Fees -2- Total Impact Fee 75% Deferral $ 180.52 $ 135.39 1,379.00 1,034.25 820.84 61-~ 63 14.00 10.50 1,778.00 1,333.50 117.98 88.48 $ 4,290.34 The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a subordination of the County's rights, interests and lien to that certain mortgage loan from Market Street Mortgage to Owner in the amount of $84,401.00 is necessary to 7 obtain financing to purchase the Dwelling Unit.. 8 This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 9 10 11 DATED: 12 13 ATTEST: 14 DWIGHT E. BROCK, Clerk 15 16 17 18 19 20 21 22 Approved as to form and 23 legal sufficiency: 24 27 Heidi F. Ashton 28 Assistant County Attorney 29 30 31 32 j & c/imp fees/S antos-Cadox~ 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 By: PAMELA S. MAC'KIE, CHAIRWOMAN -3- 11 12 13 15 16 17 18 19 20 21 22 23 EXHIBIT "A" LEGAL DESCRIPTION CHRISTOPHER SANTOS-CADOW RESIDENCE THE WEST 75' OF THE WEST 150' OF TRACT NO. 42 IN GOLDEN GATES ESTATES UNIT NO. 78 ACCORDING TO THE PLAT THEREO~ RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- 10/12/1998 18~5 ~557~15 P~GE 82 AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the 75% Deferral of Impact Fees entered into this __ day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Christopher Santos-Cadow, hereinafter refen'ed to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Colher County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifyinq as affordable housing; and WHEREAS, OWNER has applied for a 75% deferral of impact fees as requircd by the IP~i, act Fee Ordin:mc:, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHERE. AS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fec waiver shall be presented in lieu of payment of the reqaisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral and WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in Resolution No. 99-__ at its regular meeting of WHEREAS, the Impact Fee Ordinance Agreement with the COUNTY. ,1999; and requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dxvelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Oxvner maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; o d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,217.75 pursuant to the Impact Fee Ordinance. In return for the 75% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be ~old only to households meeting the criteria set tbrth in thc Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact tees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights, interests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first m..,rt~agc loan to OVv.~ER. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the deferred impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OxV.'~ER il~ the Oi'ficial R~:cords of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, lhe impact fees waived shall bc paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WFINESS Wq-tEREOF, the parties have excct~t,'d this Agreement Waiver.rDeferral of hnpact Fees on the date Witnesses: rst above written. O [NOTARIAL SEAL] d~gnature of Person Taking Aq~nowledgment ~ ~ MY ~ON ~ ~ ~!2 I',,x,-' 5 ~ I-8~3-NOTARY Fla No~ S~ic~ & ~ng ~ ~ ~ ..~.. The fc~regoing instrument was acknowledged before me this ~2,~ day 1999, by Christopher Santos-Cadow. He is personally lcuown to me ~ree---produeed ....... ~(4~pe of identification3ras-~errtifieafio~n. DATED: ATTEST: DWIGttT E. BROCK, Clerk BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN' Approved as to form and le~fficien~y ?~~ Hteidi F. A~s ton Assistant County Attorney jd/c/impfee/santos-cadow 6 EXHIBIT 'A' LEGAL DISCRIPTION CHRISTOPHER SANTOS-CADOW RESIDENCE THE WEST 75' OF THE WEST 150' OF TRACT NO. 42 IN GOLDEN GATE ESTATES UNIT NO. 78 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 100' r~. ~ A. ~1 PE PROVIDE R~SH EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD CONSIDER A RESOLUTION CONSENTING TO THE EXERCISE OF SPECIAL POWERS RELATING TO PARKS AND RECREATION AND SECURITY FOR THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT. OBJECTIVE: To have the Board consider a Resolution consenting to additional powers for the Cedar Hammock Community Development District. CONSIDERATIONS: In the regular session of the Board on November 23, 1999, Ordinance No. 99-81 was adopted approving the establishment of the Cedar Hammock Community Development District in accordance with Chapter 190, Florida Statutes. The District's Board of Supervisors has requested (Resolution attached) that the Board consent to their exercise of special powers for Parks and Recreation and Security pursuant to Section 190.012(2), Florida Statutes. The attached Resolution had been prepared to fulfill that request. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider the attached Resolution consenting to the exercise of the specified additional powers for the Cedar Hammock Community Development District. Attachments DEC 1 A 1999 Pg._ t ~ PREPARED BY STAN LITSINGER, AICP / COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: RoBeRT J. MUm'HERE, .~t"CP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPR ~ BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Cedar Hammock CDD/EX SUMMARY/mk DATE DEC 1 4 1999 RESOLUTION 2000-9 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE CONSENT OF THIE COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR_IDA, TO EXERCISE THOSE ADDITIONAL POWERS SET FORTH IN SECTION 190.12(2)(a), (d) AND (¢), FLORIDA STATUTES (1995) WHEREAS, the County Commissioners of Collier County adopted an Ordinance creating the Cedar Hammock Community Development District which was effective on WHEREAS, the Board of Supervisors of the Cedar Hammock Community Development District at a meeting held November 24, 1999, considered the advisability of exercising those additional powers specified in Section 190.012(2), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT: 1. That it is requested that the County Commissioners of Collier County, Florida, give its consent to the Board of Supervisors of the Cedar Hammock Community Development District to exercise the following additional specified powers set forth in Sections 190.012(2)(a), (d) and (e), Florida Statutes (1995), to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District Boundaries. 2. This Resolution shall take effect immediately. ~,$4cretary PASSED AND ADOPTED this 24th day of November, 1999. ATTEST: Boarjt~upervis_ors of the Cedar Hammock e~pment District Chairman DEC 1 4 1999 3 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD CONSIDER A RESOLUTION CONSENTING TO THE EXERCISE OF SPECIAL POWERS RELATING TO PARKS AND RECREATION AND SECURITY FOR THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT. OBJECTIVE: To have the Board consider a Resolution consenting to additional powers for the Mediterra South Community Development District. CONSIDERATIONS: In the regular session of the Board on September 14, 1999, Ordinance No. 99-67 was adopted approving the establishment of the Mediterra South Community Development District in accordance with Chapter 190, Florida Statutes. The District's Board of Supervisors has requested (Resolution attached) that the Board consent to their exercise of special powers for Parks and Recreation and Security pursuant to Section 190.012(2), Florida Statutes. The attached Resolution had been prepared to fulfill that request. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider the attached Resolution consenting to the exercise of the specified additional powers for the Mediterra South Community Development District. Attachments AGEN~,~ _l'r~_~ ~' No. ~ DEC 1 4 1999 PREPARED BY / . STAN LITSINGER, COMPREHENSIVE PLANNING MANAGER REVIE .W~ ED BY: .~ ,. ROBERT J. MUL~ERE, AI~I~ PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AIC~MINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Mediterra South CDD/EX SUMMARY/mk DATE DATE DATE AGEN~, IT.~.&~ ~ DEC 1 4 1999 D~O~ 11 1999 09:55 FR C S I D 95~ 796 0625 TO 19~15971060 P. 02/05 RESOLUTION 99-9 A RESOLUTION OF THE BOARD OF SUPERVISORS OF T~. M~DITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE CONSENT OF TItE COUNTY COMMISSlON~P.S Or COLLIER COUNTY, FLOmDA, TO EXERCISE THOSE ~oornONAL POW~m SET FORTh I~ SECT~O~ 190.12(2Xa), (d) ~ (e), FLORmA STATUTES 099S) WI-[EREAS, the County Comm/ssioners of Collier County adopted an Ordinance creating the Mediterra South Community Development District which was effective on S,ptemb,r 16, 1999; and WHEREAS, the Board of Sup,zrvisor~ of the Meditm'a South Community Development D~stnct at a meeting held September 22, 1999, considered the advisability of exercising those additional powers specified in Section 190.012(2), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT: 1. That it is requested that the County Commissioners of Collier County, Florida, give its consent to the Board of Supervisors of the Mediterra South Community Development District to exercise the following additional specified powers set forth in Sections 190.012(2)(a), (d) and (e), Florida Statutes (1995), to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain ~ditional systems and facilities for: Parks and facilities for indoor and outdoor recreational, cultural, and extucationzl uses. Security, including, bm not limited to, guardhouses, fences and gates, olectronic intrusion-detection systems, and patrol ears, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate, local general purpose government agencies for an increased level of such services within the District Boundaries. DEC 1 4 1999 NOt; 11 1999 (]9:35 FR C S I D 954 ?96 0625 TO 19415971060 P.03/0~ 2. This Resolution shall take effect immediately. PASSED AND ADOPTED this 22nd day of September 22, 1999. ATTEST: BOARD OF SUPERVISORS OF THE MEDITBRRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Ja~es P. Ward Sec~:et:ary tM~rgare~mb~idge Chairperson AGENg~I~'~ DEC 1 4 1999 TOTAL PAGE.D5 ** EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SHORT LIST OF CONSULTANT TEAMS AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT FOR CONSULTANT SERVICES BEGINNING WITH THE NUMBER ONE RANKED FIRM OF DOVER, KOHL AND PARTNERS TO DEVELOP THE COLLIER COUNTY COMMUNITY CHARACTER AND DESIGN MASTER PLAN. OBJECTIVE: To have the Board of County Commissioners approve the short list of consultant teams and authorize staff to negotiate a contract for consultant services to develop the Collier County Community Character and Design Master Plan. CONSIDERATIONS: On April 13, 1999 the Board of County Commissioners created the ad hoc Select Committee on Community Character and Design. The Select Committee was charged with assisting in the development of a Request for Proposals (RFP) for consulting services for the development of a comprehensive community character and design master plan for Collier County and to oversee the development of the plan. The goals of the Conununity Character and Design Master Plan are as follows: Develo'~ and implement an extensive and effective countywide Public Participation Program that will involve the residents, property owners, and business owners of the County Develop a Greenspace Master Plan that will provide natural, historic and recreational areas that are interconnected and publicly accessible to create a sense of place and join the various communities and neighborhoods of the County to their natural, cultural and historic amenities. · Develop Roadway Systems and Design Standards to improve aesthetics and efficiency in the transportation network. Develop a Community Character and Design Manual that provides overall development patterns for the ~rban and rural areas and development models for smaller communities and corridors that will result in a organized future development pattern and reflect community character. The RFP was issued in August 1999. Staff advertised and invitations to submit proposals were sent to over 150 vendors. Seven proposals were received. A selection committee made up of the Select Committee members and four staff members ev: ..... DEC 1 t 1999 Pg. the proposals. The selection committee met on October 19, 1999 to rank the respondents and short list the qualified candidates for interviews before the selection committee. Four firms were scheduled for interviews on November 16, 1999. Based on the presentations and an evaluation of the qualifications, references and experience of each respondent, the team of Dover, Kohl and Partners was selected by the committee as most able to successfully achieve all the goals in the scope of work. The three top firms were ranked in the following order: 1. Dover, Kohl and Partners 2. Wallace, Roberts and Todd 3. Hellmuth, Obata and Kassabaum Dover, Kohl and Partners along with their subconsultants will be responsible for developing the Community Character and Design Master Plan and its various components as follows: Dover, Kohl and Partners: Team Leader; Land Use and and Urban Design Component Glatting, Jackson: Transportation and Land Use Component - Sidewalks, Bike Paths, Multi-use Trails, Roadways, Streetscapes Glatting Jackson: Parks, and Open Space Component- Greenways, Wildlife Corridors, Neighborhood and Urban Parks, Historical and Cultural Amenities Communities by Design: Public Participation Component - Surveys, Website, Community Workshops, Visioning Tools, and Educational and Informational Materials Spikowski Planning & Associates: Implementation component of the Community' Character and Design Master Plan FISCAL IMPACT: Funds in the amount of $250,000 are available in the budget of the Comprehensive Planning Section. The $250,000 amount was approved for the current fiscal year for the support of the Select Committee on Community Character and Design toward the development of a Community Character and Design Master Plan. GROWTH MANAGEMENT IMPACT:. None at this time. RECOMMENDATION: That the Board of County Commissioners authorize negotiate with the number one ranked firm of Dover, Kohl and Partners. lff to AGENg~. I~;E.M,. ~ DEC 1 4:1999 PREPARED BY: AICP,~ENIOR PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: DEBRAH PRESTON, AICP, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: STJ~N LITSINGER, AICP COMPREHENSIVE PLANNING MANAGER REVIEWED BY: DATE ~3OI~7MOLHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT AP~PRCVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE DATE AGENDA DEC 1 4 1999 EXECUTIVE SUMMARY TO APPROVE A RESOLUTION ENDORSING THE GUADALUPE CENTER AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM. OBJECTIVE: Approve a Resolution that endorses the Guadalupe Center in Immokalee 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. The Guadalupe Center, a non-profit organization incorporated in the State of Florida, is the sponsoring organization applying for this approval with the intent of soliciting monetaray donations to be used for community development purposes, such as job training, adult education programs and child care for working parents. 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 Guadalupe Center as a sponsoring agency under the Community Contribution Tax Credit P?gram and authorize the Chairwoman to sign the attached Resolution. Helene Caseltine, Economic Development Mgr. PREPARED BY: Date REVIEWED BY: '- Greg M~ai~'c, Direc o~ Housing .~id Urban improvement APPROVED B y~ncen~A. Cautero, AICP, Administrator Community Dev. & Environmental Services ,' B/at~ ' RESOLUTION 99- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING THE GUADALUPE CENTER, 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 Resolution #95- 248 on March 28, 1995, nominating the Immokalee Commumty 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 encourages the participation of private corporations in re.,/itati:?~tion projects by grant!ng 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 ~c receive a tax credit of 50 percent of the value of the donatior~ (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 Guadalupe Center, 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 Guadalupe Center, Inc. project is consistent with the overall intent of the tmmokalee Area Master Plan, a separate element of the Collier County Growth Management Plan; and WHEREAS, (he Guactalupe Center, 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: The Guadalupe Center, Inc. project, as described in Attachment A, is consistent 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: i~e i~F._..~A~ h t !n-/~ ~qL/'l''~ Assistant County Attorney Attachment "A" - page 1 Guadalupe Center of lmmo~lce P.O. Box 1053-*-2II South iVlnth Street · lmmokalee, Florida $4143-1053 (941) 657-436I * Fax (941) 657-6816 PROGRAM NARRATIVE Guadalupe Center in Immokalee, Fl., was founded in 1982 to meet the needs ofthemigrant and immigrant population of this unincorporated town. Originally, the mission of the Center was to help provide emergency food and clothing. However, over the years, it became obvious that education was one ~ignificant way out of poverty. The mission of Guadalupe Center is twofold: providing interim help to the very needy and providing educational opportunities for children and adults. GUADALUPE CE~ER BELIEVES IN THE DIGNITY OF EACH PERSON AS CREATED AND LOVED BY GOD, AND IS THEREFORE COMMITTI::.D TO SERVE THE DISADVANTAGED POOR OF IMMOKALEE WITH INTERIM HELP AND LONG GERM PROGRAMS THAT PROMOTE SELF-SUFFICIENCY AND SOCIAL CHANGE. This twofold focus of thc Center's activities provides full and part time jobs lbr almost fifty local residents. The Soup Kitchen staffand a crew of volunteers from greater Lee and Collier Counties provide a daily hot meal to 125 or more people. Used clothing is provided to about 400 people monthly and hot shower~ & clean clothes are given to the homeless three time~ weekly. The educational programs include a school-aged children's program for 100 children, an early childhood program for another 100 children, and adult education opportunities for parents of the children. (see attached brochures). Guadalupe Center is funded primarily through donations that come from individuals, churches, organizations, and businesses. The annual budget is between $8$0,000-900,000/annually. About one-fourth of the budget comes from government reimbursement for child care and food for the children. The rest of the money is generated through the Center's fund-raising efforts. Businesses who might take advantage of the Community Contribution Tax Credit Program help the Center meet its annual budgetary requirements through monetary donations. These donations are used for community development, if such development includes: job training hiring of local residents lbr jobs at Guadalupe Center (sai,,fies) Adult Edacation iw EgOL and GED and other basic living skills Child care while parents work School readiness programs for children Tutoring of children at risk for drop-out pg._ '~ Attachment "A" - page 2 Guadalupe Center is making plans to expand both the emergency social services and the educational elements of our work. Within the next two years, we plan to build a new social services center and move our emergency operations and school-aged children's programs to that site. We have outgrown our present site which we rent from the local Catholic Church. The Center is also expanding the ability to care for more infants and toddlers at the Family Center. Within the next year, a portable classroom will be added to the Center on Hope Circle and enrollment will increase by about 12 children. Businesses who help with these expansions will also be able to benefit from the CCTCP Program. It is the sincere hope of Guadalupe Center's Board of Trustees and Staffthat the Center and its business donors can benefi! from thc CCTCP program which will help improve the quality of life for the people of Immokalee. Attachment "A" (brochure) - page 3 Our Mission Cjnadat~pe Center believes in the dignity of each person as created and loved by Csod, and is therefore committed lo scn'e the disadva~:aged poo~ '~f tmmoka!ee with interim help and long term programs that promote self. sufficiency.' and social change. ' ( uadalupe C nter for Social Services 211 South Ninth St. Immo;:alee, FL. 34142 Tel: (941) 657-4361 Fax: (941) 657-6816 120. Box 1053 Immokalee, FL 34143 Ouadalupe Center for Family Education 505 Hope Circle Imm&alee, FL 34142 Tel: (941) 658-1999 Fax: (941) 658-1997 P.O. Box 1053 Immokalee, FL 34143 /~p began as a soup kitchen because the poorest eople in our migrant farming community in Florida were frequently hungry: no crops, no work, no money. But the poor always need more than food, so our mission grew to include providing many additional ~:ervices; clothing showers, tutoring, adult literacy, child-care and early childhood education· Where we see neediness, we simply must help. We continue as we began--a not-for- profit social service agency, trt~,i~in the of m&v~duals, groups a~d chur~ies denominations to supp<}rt our That generosity has never fai ~ Attachment "A" - page 4 (brochure) Oou dalu?e Center Our social services The Soup Kitchen It's a bright, clean, cheer`" place where we serve a hot nourishin~ menl st noon. Ever,.'one who walks in our doer is welcomed with a smile. Some days that might be 100 people, some days over 300, all depending on the season and the amount of farm work available. Man`" of those we feed are children, many are families with parents who have no work. The food we serve is either purchased with donated funds, or brought to us by individuals and volunteers and local groups. Our staff is licensed in Food lvlanagement, and our u~'-c;atec <~tc,~en n;eet~ ever,/w,~,pection standard ibr safe food preparation. Over 100 volunteers from Collier and Lee counties come all the way out to Immokalee to help us serve meals. Many tell us it is one of the most rewarding things they do. Clothing and Shov,,ers Friends everywhere give us their unwanted clothing and household items, v.'}-.ich w,.. -~,r: arid disp!:~5, in ou~ Giething Room. It is open to the public and each recipient may take away a shopping bag full of items. Free, of course, though we do suggest a very smal! dont~tion as a symbolic way of dignify- ing the process. Most people seem to like that. For the homeless or f~r tho<e without bathing facilities, we provide clean and private shower rooms for both men and women. \Ve also offer fresh clean clothing after showering. In our year5 of social service ~o the OeopIe of ~e km;e earned a slgnijlcant ~ole in the life of the commtmity. We will always seek netc ways to offer comfort for the disadvantaged Thanksgiving in the Park The hard-working people who toil in Immokalee's fields harvest the food the rest of us eat---tomatoes, peppers, mel- ons, citrus fruit, etc. To thank them for their labor, Guadalupe Center serves a traditional turkey dinner every Thanksgiving Day. It takes place in the Immokalee Park and usually almost 2000 people come. One year, 2200! The good people of Southwest Florida know we do this, so they cook and donate a hundred or more turkeys, four or five hundred pies, an ocean of graw, cranberry sauce.., the works! 'l-w.~ ch~,rc!~,'5- -o~:e Cath.01ic, one P',esbyterian- orga nize the food, a hundred volunteers come to serve it, and the crowd eats it up. It's one of the happiest days in our year. Christmas Toys Our request for ne,~; non.violent toys goes out to our loyal friends early each December, and the toys come pouring in. Who doesn't feel special joy in providing happiness for children? The neediest parents are invited to come to our "Toy Shop" to select several toys for each of their children and then volunteers gift wrap them. About 500 children receive 3 Christmas surprises each. Their parents, as a small "price" to pay, are asked to attend a little educational talk on some aspect of parenting. Many tell us the,,' appreciate this, and that is pleasing to hear. Back-to-School Shoes We feel it is shameful for a child to go back to school in the fall with shoes that no bnger fit, or with no shoes at all. Tni: used to happen i:: Imn.okalee. But now, every August, Guadalupe Center invites the children of the neediest families--we determine who the`" are by consulting with the schools and other agencies--to come with us to the shoe store. There they are fitted with brand new good shoes and socks. You sl:outd see the happy smiles on several hundred children every ye, ar; P~' Attachment "A" - page 5 (brochure) Guadalupe Center Our education services Early Childhood Education T~e working poor of Immokalee needed a pre-school day-care sen ice d',ey could ~fford, and their children n~cded early education to prepare them for kindergarten. We saw a double opportunity in this double need, and opened the Guadalupe Center for Family Education where we offer educa- tion-based child-care for working-poor families. In most of these families, English is a second language and parenting experience is minimal. So, in return for offering excel!tnt child-care to '.',',~'ng parents whi!e they work, we ask that ti:%: .omc t. > on: }ea, ~,mg sessions to pm hcipate in ti~ett' child's education, to develop their own English literacy, to understand and respect education, even to learn new comput- er job skills. Our goal for their I00 children in our care, ages 6 weeks to 4 years, is to prepare them to cope with school, to like and appreciate school. We insist that only English be spoken in the Center, because that's how it will be in school. We fol- low a "Peace ld,cc?tion" currimlum and t:.,,cl', non-viol,race and respect for others. We instill a desire to learn and to achieve. In under-prMIe~ed Immokalee, the drop-out rate is stag- gerlng. We are determined that "our ' children will want to graduate from school--and to a better life. Peace Camp Program To keep children occupied, and interested in learning when schootk are closed for vacanon, our "Peace Camps" have been thriving for several years. They are not all fun and games, ahk ~ug!; there is pier,>: nf that, too. Learmng trips, serious discussions, even restaurant visits --a lot happens at our camps to continue a child's developmental process. College student volunteers come from northern schools to help manage these programs f3r us. They are excellent role models for our lmmokalee d~ildren. for children and families After-School Tutoring From the beginning, we recognized that migrant children got short-changed i~: schooling, moving ?s they did. So 14 years ago we began catch-up after-school sessions for perhaps 20 kids with volunteer tutors in our soup kitchen. This little beginning has blossomed into a full program of after-school tutoring for elementary-school students falling behind. With guidance, their homework gets done, assistance in reading and writing is provided, computer skills are honed, games played, snacks and fun enjoyed.The kids simply love it. Responsible adults ,,nd man',, high ~chool <udents from [mmokalee do the tutoring. The most dedicated high-school- ers benefit from a Tutor Scholarship Fund which some of Guadalupe Center's generous friends on Marco Island have established to enable further education. In an':, school year, there are about a hundred youngsters enrolled in the Guadalupe Center after, school program. Adul TFamily Literacy This program has been enthusiastically received by many in Immokalee, who see literacy as a way to expand their job opportunities, as well as by the parents in our Family Center as a way of helping to improve their lives. The computer pro- gram called "Project Light" is used· Another pre. literacy computer program is used to intro- duce young children to computers in preparation for school. We See literacy as one of the areas in which we must gro, t considerably to more fully serve our community. ~uadaltq>e Center's role in improving the process of education, [;ar~icnlarly family edt~cation, m lmmokatee is jus~ beginning. We look jbr ma'c ways to pt~rst~e ti'ds goal. Attachment "A" - page 6 (brochure) Guadalupe Center Everything we do ,All of the programs and opera- tions you have been reading about are supported by individuals and groups and churches of all denominations, and they are most generous. But as our programs expand, so do our expenses With the Family Education Center, they practically doubled. We have always been able to meet expenses, someho~t; but it is clear that we need steady new sources of revenue. And we need to build an endowment to insure future income. We must find ways to continue doing all that we do to help the disadvantaged. We are too respor:ib!e to thc poor to cut the an)' of the lifelines we have extended to them. We must always move forward. How you can help us There are many kinds of contributions you can make to ensure that the work we do can continue: ~p,ll~ ~ lCd?ia.5 DoNo'r.s--You can join the generous group of supporters whose names are recorded on the "Helping Hands Wall" in the Jim Near Building, Gua::lalupe Center for Family Education. Jim Near and his friends at Bonita Bay were among our original "Helping Hands". \Ve will gratefully add a plaque bear- ing your name for a contribution of $1000 or more. The Oommidtee of 500--You can expres's 5,our desire to help Ouadalupe Center in its work for the poor with evep more committment; a pledge tc c!onate yearI3; in the amount of $1000 oc more. Of course, your name will be prominent on our "Helping Hands Wall" too. Our hope is to have 500 such wonderful supporters. costs money Yo~ May Wish to Consider a Trust or Lega©~- Expert financial consultants have volunteered to advise and assist any donor who wishes to arrange such contri- butions and bequests, Direct Your Donation You may prefer to choose which Guadalupe Center function you wish to support: · Our Social Services o Our Education Services - Our Building Fund · Our Endowment Fund · Our General Operating Needs Our Thanks We admire and respect our donors for their generosity toward what we all agree is a good and necessary cause. Any contribution to that cause, large or small or tiny will be received gratefully, and used responsibly. A Personal Invitation If the work we do at Guadalupe Center touches you, please come visit us, see our facilities, mei:t our staff and get to know us. You will be most wel- come, and we will be delighted to meet you. Just call me at (941)657-4361. Sincerely; St Judy Dohner, Executive Director EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT AN ARTIFICIAL REEF GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. OBJECTIVE: That the Board of County Commissioners (BCC) authorize the Chairwoman to sign the agreement accepting a $20,000 grant for artificial reef construction provided by the Florida Fish and Wildlife Conservation Commission. CONSIDERATION: On 3/19/99 the BCC authorized staff to submit an application for artificial reef construction. The Florida Fish and Wildlife Conservation Commission has offered Collier County a $20,000 grant for FY 99/00. The funds will be used to place material at an artificial reef site in Collier County. Staff currently plans to add material to the Clam Pass 2.5 mile site with the grant funds. FISCAL IMPACT: Staff budgeted $25,000 in the Artificial Reef cost center based on past grant awards. This award is $5,000 less than anticipated. Staff will process a budget amendment to reflect the difference. The County also budgeted an additional $25,000 from boaters registration fees for the reef program ($20,000 for reef construction, $5,000 for buoy maintenance). With the grant award, staff expect to spend $40,000 for artificial reef construction in FY 99/00. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Chairwoman to sign the agreement for the $20,000 Florida Fish and Wildlife Conservation Commission grant and approve the necessary budget amendments as outlined above. SUBMITTED BY: Date: DouglasO. Sm--'~, Senior-~r~nvim,nr~,~ental Specialist Wil~~ren~, Jr.~.E.~&6r~Nat=al Reso=ces VincentrA. Cau~e3o, MCP, Administrator Co~unity Development & Enviromental Se~ices AGE.~A ITEM C7_.C 1 q 1999 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES FLORIDA ARTIFICIAL REEF PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Division of Marine Fisheries, whose address is 620 South Meridian Street, Bryant Building, Tallahassee, Florida 32399-1600 (hereinafter referred to as the "Commission") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Building H, Naples, Florida 34112 (hereinafter referred to as the "County."). Whereas, the Commission has received funds from the Marine Resources Consei~'afion Trust Fund from revenues generated by the sale of saltwater licenses in support of the Commission's marine artificial reef planning, assessment and development in Flor/da; and Whereas, Section 370.25, Florida Statutes, created an artificial reef program ~-ithin the Commission to, in part, provide grants and technical assistance to eligible local coastal governments and nonprofit corporations for developing, monitoring, or evaluating saltwater artificial reefs; and Whereas, the County is a local coastal government and qualifies to receive arnficial ~ef grant funding in accordance with Section 370.25(4), F.S.; and Whereas, Chapter 62R-9, Florida Administrative Code, establishes rules for the admim_~-ation of this grant program; and Whereas, the County. agrees to perform the services described herein, or hereinafter author/zed upon the terms and conditions stated; and Therefore, in consideration of the mutual benefits to be derived herefrom, the comrm_,sion and the County do hereby agree as follows: 1. The Commission does hereby authorize the County to perform the saltwater artificial r~f project as defined herein and the County does hereby agree to perform such services upon the r..~rrns and conditions set forth in this Agreement and all attachments and exhibits named herein which are attached hereto and incorporated by reference. 2. The County shall perform the services in a proper and satisfactory manner as determined by the Commission. Any and all equipment, products, or materials necessary to perform this Agreement shall be supplied by the County or its subcontractor, unless otherwise specified herein. 3. A_- consideration fi~r thc said'water artificial reef project as described in AttacP. mem A ¢Scope oi Services), completed by the County under the terms of this Agreement, the Commission shall pay the County a sum not to exceed $20,000 on a cost reimbursement basis. All single request for payment and disbursement of funds shall be made in strict accordance with provisions of Attachment A and Chapter 62R-9, F.A.C. The County will provide all required close-out documentation to the Commission's Project Manager within forty-five (45) days after the ending date of the Agreement. The County's Project Manager shall certify, under penalties of perjury compliance with provisions of this A~eement, Page 1 of 7 DEC ! 1999 through the submission of a Certification of Completion, and said certification shall be submitted with the close-out documentation. An itemized listing by category of all expenditures claimed along with supporting documentation for each amount is required. All itemized paid invoices/receipts clearly reflecting date(s) of service and submitted along with copies of canceled checks (or check numbers and certification of payment by the County) for reimbursement shall, under this Agreement, be submitted in detail sufficient for a proper pre-audit and post-audit thereof, as required by the Commission. 4. This Agreement shall become effective upon execution by both parties and end on June 30, 2000, inclusive. The saltwater artificial reef project described in Attachment A must be completed by the expiration date of this Agreement. In accordance with Section 287.058(2), F.S., for contractual services exceeding the amount prov/ded in Section 287.017, F.S. for Category Two, the Coun .ty shall not be eligible for reimbursement for serv/ces rendered prior to the execution date of this Agreement. In the event the saltwater artificial reef project is not complete by the expiration date of the Agreement, the Commission will have the right to cancel its obligations of any and all financial assistance _m-anted for the said saltwater artificial reef project. The Commission and the County fully understand and agree that there shall be no reimbursement of I~nds by the Commission for any obligation or expenditure after the expiration date of this Agreement. 5. The State of Florida's performance and obligation to pay under this Agreement, if the A~eement period extends into a new fiscal year, is contingent upon an annual appropriation by the Le~slature and certification of the saltwater artificial reef project funds forwarded in the FCO Grants category. 6. Pursuant to Section 215.422, F.S., the Commission's Project Manager shall have five (5) ~ ~.rkir. g daTo, ~,~les~ otherwise specified herein, to inspeLt and approve a request ~or payment upon receipt of a complete and accurate request for payment package; the Commission must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days: the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or sen,ices received, inspected and approved. Payment requirements do not start until a complete and correct request for payment and other required supporting documentation have been received. Requests for payment packages which have to be returned to the County for correction(s) will result in a delay of payment. A Vendor Ombudsman has been established with the Florida Department of Banking and Finance who may be contacted if the County is experiencing problems in obtaining timely pa?merit(s) from a State ,:~ Florida agency. The Vendor Ombndsman may be contacted at (~00) 848-3792. 7. In accordance with Section 215.422, F.S., the Commission shall pay the County interest at a rate as established by Section 55.03(1), F.S., on the unpmd balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection and a?provaI of the go,'d> a~2d :~,wices. Interest payrnents of less than $1 will not be enforced unless the County requests payment. The ~nterest rate established pursuant to Section 55.03(1), F.S., by Comptroller's Memorandum No. 11 (1998-99) dated December 3, 1998, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement i:. in effect can be obtained by calling the Department of Banking at the telephone number provided above in Paragraph 6. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wron_mhal acts of its employees and agents. However, nothing contained herein shall constitute a waiver by the Commission of its sovereign immunity or the provisions of Section 768.28, F.S. The Commission shall have no liability except as specifically provided for in this Agreement. 9. The Commission may terminate this Agreement at any time in the event of failure of the County to fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide Page 2 of 7 AGENDA ITEJ~ E;:-C 1 1999 the County written notification of any performance failures and the County shall have ten (10) calendar days, from receipt of notification, to consult with the Commission regarding the reason(s) for termination. If the parties cannot reach an agreement on the corrective measures to be taken and the schedule for corrective action, the Commission may terminate this agreement by providing a minimum of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time and date of termination. Either the Commission or the County may terminate this Agreement for convenience by providing a minimum of ten (10) days written notice which clearly describes the basis for termination. Notice shall be sufficient if delivered personally or by certified mail to the Project Managers at the addresses set forth in paragraph 10. 10. Any and all notices shall be delivered to the Project Managers at the following addresses: Commission: Thomas Maher, Environmental Specialist IH Division of Marine Fisheries Bureau of Marine Fisheries Management Berkeley Building 2590 Executive Center Circle East Tallahassee, Florida 32301 MaherT(~efc.state.fl.us (850) 488-6058 (850) 488-7152 FAX County: Doug Suitor Natural Resources Department Collier Count)' 3301 East Tam/ami Trail, Bldg. H Naples, Florida 34112 Dou,2.Suitor(&'colliergov.net (941) 732-2505 (941) 774-8282 FAX 11. Pursuant to Section 216.2815, F.S., all records in conjunction v4th this Agreement shall be public records and shall be treated in thc same manner as other public records under general law. This Agrec~aent ,nay be unilaterally canceled by the Comnfission for refusal by the County to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the County in conjunction with this Agreement. 12. The County shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Commission, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three (3) years following Agreement cornpietion. In the event any work is subcontracted, the County shall similarly require each subcontractor to maintain and alloxv access to such records for audit purposes. 13. In accordance with Section 216.349, F.S. (financial review of grants and aids appropriatio,s), the Comity shall pm~i& to the Corr~mission a sworn s~atement (Certificate of Completion), signed by County's chief officer under penalty of perjury, confirming that the County has complied with the provisions of this Agreement. The Commission reserves the right to recover costs for failure to comply with Section 216.349, F.S. 14. The County covenants that it presently has no interest and shall not acquire any interest which ~vould conflict in any manner or deb, zee with the performance of services required. Page ~ of 7 AGENDA ITEM DEC, I q t999 15. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 16. No delay or failure to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such fight, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 17. The Coun .ty recognizes that the State of Florida. by virtue of its sovereignty., is not required to pay any taxes on goods or ser~,iccs purchased under the ten-ns of this agreement. 18. This Agreement is neither intended nor shall it be construed to grant any rights, prix-lieges, or interest in any third party without the mutual written agreement of the parties hereto. 19. No person, on the grounds of race, creed, color, national origin, age, sex, or disabilit-y, shall be excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of this Agreement. 20. The County shall not subcontract, assign, or transfer any work under this Agreement without the prior ~Titten consent of the Commission's Project Manager. The County. agrees to be respons/~t>!e for the fulfillment of all work elements included in any subcontract consented to by the Commission ~md agrees to be responsible for the pa.vment of all monies due under any subcontract. It is understood and agreed by the County that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the County shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 21. To the extent required by law, the County xvill be self-insured against, or ,3511 secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its volunteers cormected with the work of this project, and, in any case work is subcontracted, the County shall require the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the County. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of workers engaged in hazardous work under this A~eement is not protected under Workers' Compensation statutes, the County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of his workers not otherwise protected. 22. The County warrants and represents that it possesses liability insurance, appropriate and allowable under Florida law, and that such insurance offers protection applicable to the County's officers, volunteers, servants, and agents while acting within the scope of their work with the County. 23. The County is required to supply deployment coordinates in Differential Global Positioning System (DGPS) format and thereby is authorized to purchase a DGPS navigational receiver and antenna costing up to $1,000. The County shall retain title to this equipment and utilize it to provide coordinates of all artificial reefs constructed by the county and center coordinates for all artificial reef permitted sites held by the County. The purchase of any other non-expendable equipment costing $500 or more is not amhor~zcd under the terms of this Agreement. Page 4 of 7 AGENDA ITF._Ivl Pg. 24. In accordance with Section 216.347, F.S., the County is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Pursuant to the Lobbying Disclosure Act of 1995, the County agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 25. The Commission may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specification, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase in the dollar value or expiration date shall require formal amendment to this Agreement. Formal amendments to this A~eement require a written request from one of the Project Managers at least forty-five (45) days prior to the ending date of this Agreement. 26. The employment of unauthorized aliens by any subcontractor/vendor is considered a ;-iolation of Section 274A(e) of the Immigration and Employment Act. If the subcontractor/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 27. A person or affiliate who has been placed on the convicted vendor list following a conxgction for a public entity crime may not perform work as a grantee, contractor, supplier, subcone-actor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S., for Category Two for a ~eriod of thirty~six (36) mo.nths from the date of being placed on the convicted vendor list. 28. The County shall comply with all applicable federal, state, and local rules and reTJiations in providing services to the Commission under this Agreement, including the general and special conditions specified in any permits issued by the U.S. Department of the Army, Corps of Eng'ineers or the Department of Environmental Protection. The County acknowledges that this requirement includes compliance with all applicable federal, state, and local health and safety rules and regulauons. The County further agrees to include this provision in all subcontracts issued as a result of this Ageement. 29. The Cm:nty agrees to folloxv all requirements of Section 287.057. F.S. for the proc~-emcnt of commodities or contractual sermces under this Agreement. 30. The County shall include Attachment A verbatim in the project bid specificahons. All ~oject bid specifications must be approved in writing in advance by the Commission's Project Manager prior to public advertisement or distribution. 31. The County shall submit project bid specifications to the Commission's Project Manager for approval within ninety (90) days following the execution date of this Agreement. 32. The County must send project bid specifications to a minimum of five (5) contractors, and receive a minimum of two (2) w-rirten quotes. Any request to use a sole source vendor must be requested and justified in writing and approved by the Commission. 33. A summary of the vendor replies and recommended subcontractor must be sent by the County to the Commission's Project Manager for written approval prior to awarding of any subcontracts. 34. The County shall include this entire Agreement, and all attachments, in all subcontracts issued as a result of this Agreement. Written contracts between the County and any subcontractors are mandatory and required for any subconu'acts exceeding $5,000 issued as part of this Agreement. Page 5 of 7 AC.~t. NDA iTEM DEC lq Ig99 35. The County agrees to acknowledge the role of Florida saltwater fishing license funding in any publicity related to this project. 36. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwSse provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK Page 6 of 7 DEC IS99 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed, the day and year last ~Titten below. COLLIER COUNTY BOARD OF COLTNTy COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION By: By: (County authorized Signatory*) Director, Division of Marine Fisher/es (Print Signatory's Name and Title) Date: (County) ~Address) (City. State, and Zip Code) Date: (Federal Employer Identification Number) ~TT£ST: DWIGHT E. BROCK, CL£~ Collier County Board of County Commissioners Reimbursement Check Remittance Address: Approved as to form and legalib': ~.;;~ Commission Attorney (,,~.adrcss) (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that pe~ <~,n to ~b,r, th,. Agr,zemenL on behalf of the Count3.' must accompany d~e .'~grcen~ent. List of Attachments included as part of this Agreement: _S_q%p_e_of Se_r~fces (1 Pa~e) 7 of 7 DEC 1 q 1599 ATTACHMENT A (Scope of Services) The Commission has awarded funds under this Grant Agreement to complete the following project: Preparation, transportation, and deployment of a minimum of 300 tons of concrete materials acceptable to the Commission at the Doctor's Pass 4.5 Mile Reef site. The deployment will occur at coordinates of 26° 13.50' North latitude, 81 o 52.13' West longitude. The County is responsible for obtaining all required State and Federal Permits. The deployment will be conducted ~n accordance with all applicable Federal and State artificial reef permits. No reimbursements will be made for deployments taking place outside of the legally permitted site. The deplo3~nent ~ iii be accomplished with the use of a tugboat and barge with cu~:cnt cetuficates of inspection by applicable regulatory agencies. The barge must be spudded down or double anchored with anchors of sufficient size to prevent movement greater than fifty (50) f~t. 2. Funds from this Agreement may not be expended on the following items: salaries, training, parts replacement or repairs to rented or contractor owned equipment. 3. A maximum of $1,000 of funding from this Agreement may be expended on eng-ineering services according to the following schedule. Dccumentation of expenses and survey repons must be subm~'c:ed with the closeout package in order for reimbursement to be made. Predeplo,vment SCUBA bottom survey to probe sediment depth and consistency: Placement of marker buoys per each day of deployment: Post deployment sCLrBA mapping and assessment: Miscellaneous expenses: $300.00 $3OO.OO $300.O0 $100.00 4. The County a~ees to allow the Commission to conduct inspections of the saltwater artificial fishing reefpro?:t before, during, and after deployment. 5. Written progress reports must be sent to the Commission's Contract Manager at sLxry (60) days intervals following the execution date of this Agreement. 6. The County's Contract Manager or County-employed designee is required to measure and record the waterline length, width and &aft (to the nc2rc~t inch)of thc loaded barge at all four (4) comers co calculate the average displacement or' water due to the weight of the artificial reef materials. ~lke same barge measurements must be taken by either the County's Contract Manager or County-employed designee when the barge returns to shore after each deployment has been completed. These measurements may not be taken while the barge is located at the deployment site. The barge measurements are to be included on the Materials Placement Report (DEP-OFMAS Form No. 34-403), which shall be filled out and mailed to the Commission's Contract Manager xvithin thirty (30) days after each separate deployment. 8. The County agrees to acknowledge the role of the Marine Resources Conservation Trust Fund and saltwater fishing license revenues in this artificial reef project in their efforts to publicize and promote the reef. 9. Failure to complete the above described saltwater artificial fishing reef project by the ending date of this A~eement will adversely affect the evaluation of the County's grant application during the subsequent fiscal 3ear. EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO PARTICIPATE IN WATER QUALITY SAMPLING FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) AMBIENT MONITORING PROGRAM OBJECTIVE: To have the Board of County Commissioners approve the attached agreement with South Florida Water Management District (Agreement Number C- 11741). CONSIDERATIONS: The scope of the agreement complies with and is consistent with the Pollution Control & Prevention Department's (PC&PD) efforts relative to surface water quality monitoring and contributes to implementation of objectives and policies of the Growth Management Plan. PC&PD agrees to collect surface water quality samples from three (3) sites as part of the Surface Water Temporal Variability (SWTV) Network. In addition, ground water field parameters will be collected from one unconfined well monthly, one confined well quarterly as part of the Ground Water Temporal Variability (GWTV) Network. PC&PD agrees to attend FDEP Ambient Meetings and training sessions as outlined in Exhibit D of this agreement. All other agreement requirements are listed in the attached Agreement C-11741. FISCAL IMPACT: SFWMD will fund the County, at the amount of up to $9,432.00 for the work conducted for Fiscal Year (FY) 99~00, $14,604.00 for FY 00/01 and $17,384.00 for FY 01/02. Funds and associated expenditure will be budgeted and incorporated in Fund (114), Cost Center 178975 for FY 99~00 through FY 01102. GROVVTH MANAGEMENT IMPACT: Approval of this agreement will significantly contribute to implementation of many of the goals of the Conservation and Coastal Management Element of Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners: (1) approve the attached Agreement C-11741 with the South Florida Water Management District (SFWMD). (2) authorize staff to process budget amendment to reflect the final agreement amounts. (3) authorize staff to recruit temporary staff if necessary implementation of Agreement C-11741. for the Dc~. 1~ 1~99 Executive Summary Agreement C-11741 page 2 PREPARED BY: /'//~bC,¢ Mary Cot .nelisse Clerical S~pervisor REVIEWED BY: _.~---~--'~~ .-~ ~-~ DATE: ti//t~'- t'~ · G. George Yilmaz, Ph.D., P.E., P.H., Director ~?_~,ut!o~ontrol & Preventi/or) Department APPROVED BY: ~,; ~¢ ' -- L-"-" DATE:. ~ Viflcent A. Cautero, AICP, Administrator Community Development & Environmental Services Division MC: executive summary Attachment DEC !4 !999 O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS ENTO THIS AGREEMENT WITH: Name: COLLIER COUNTY, FLORIDA Address: 3301 E. Tamiami Trail Building D Naples, FL 34112 Project Manager: George Yilmaz Telephone No: (941) 732-2502 Fax No: (94 l) 534-7368 Hereinafter referred to as: COUNTY This number must appear on all Invoices and Correspondence C-11741 M/WBE Goal: 0% COST SHARING INFORMATION Total Project Cost: $ 51,250.00 COUNTY Contribution: $ 10,250.00 PROJECT TITLE: WATER QUALITY SAMPLING IN COLLIER COUNTY The following E~chi-'bits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Special Provisions Exhibit "H" - Exhibit "B" - General Terms and Conditions Exhibit 'T' Exhibit"C"- Statement of Work Exhibit "$" Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Exhibit "E" - Not Applicable Exhibit"L" ~Exhibit "F" - Not Applicable Exhibit"M" - Exhibit "G" - Not ADplicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable FDEP Flowdown Provisions TOTAL DISTRICT CONSIDERATION: $41,420.55 Multi-Year Funding (If Applicable) Fiscal Year: October 1, 1999-September 30, 2000 $9,432.55 Fiscal Year: October 1. 2000-September 30, 2001 $14,604.00' Fiscal Year: October 1. 2001-September 30, 2002 $17,384.00' *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Not-to-Exceed AGREEMENT TERM: 3 Years EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Carole A. Maddox Telephone No: (561) 681-2500 Fax No. (561) 681-6310 District Contract Administrator: Patrick Ryan (561) 682-6757 Fax No.: (561 ) 682-6397 or (561 ) 681-6275 SUBMIT LNVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 330l Gun Club Road West Palm Beach, Flor/da 33406 Attention: Procurement Division SUBMIT NOTICES TO ~ COUNTY AT: COLLIER COUNTY, FLORIDA 3301 E. Tamiarm Trail Building D Naples, FL 34112 Attention: George Yilmaz IN WITNESS WHEREOF, the authorized representative hereby executes Conditions under which it is issued. COLLIER COUNTY, FLORIDA Accepted By: Title: Date: Signature of Author/zed Representative Pamela S. Mac'Kie, Chairwoman Deputy Clerk Appro~vedT~ffv~as ~/V~_ag~ Legal Sufficiency this AGREEMENT on this date, and accepts ali Terms and SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Date: Sheryl G. Wood, Director of Procurement SF'~ PROCUREMENT APPROVED By: D Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. 1. The COUNTY agrees to comply with the applicable Florida Department of Environmental Protection (FDEP) flowdown provisions for services performed in conjunction with Tasks 2b and 3a of the Exhibit "C" Statement of Work. The flowdown provisions are set forth under Agreement No. GW189 and GW190 (District references C-11730 and C-11731) executed between the DISTRICT and the FDEP, attached hereto as Exhibit "M" ~tnd made a prat of this AGREEMENI'. Applicable provisions o.f this AGREEMENT include the following: Agreement No. C-11730, Paragraph 12 - Public Records, Paragraph 13 - Audit, Paragraph 15 - Lobbying, Paragraph 21 - Discrimination in performance of contract, Paragraph 27 - Non-expendable Equipment, Paragraph 29 - Convicted Vendor List, and Paragraph 30 - Applicable Laws. Agreement No. C- 11741, Section m, Repairs Required, Section XI - Subcontracting (paragraph D, Lobbying and Disclosure Act of 1995), Section XII - "Fair Share" Requirements, Section XV - Documents and Non-expendable Equipment (paragraph B), Section XVII, Priority of Contract, Section XIX - Audit: Access to Records (paragraph A through C), Section 3LXII -Debarment and Suspension (paragraph A through C), Section XXVIII- Lobbying Certification and Disclosure. SFW'xlD {')t:tqCE OF COUNSEL APPROVAL By: Date: SFW'MI) PROCUREMENT APPROVAL By: Agreement No. C-11741 Date: Exhibit "A" Special Provisions SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" ' GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT. fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology., lab an.'.Ayt:cal cxar, Unations, scien!ific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page I of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocatiors tor each DISTRICT fiscal )'.'ar indicated on Page Iot this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Go~ermng Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in Page I of 9, Exhibit "B" this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding me co,zecn,e~s, accaracy, or reliability of any of the work peffornled hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual umt costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified, on Page 1 of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule or, ined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part at- this ,AGREEMENT. In ire event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invc Contract File:\County loc ~7)9~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation ar expenditure made by the COIINTV prior to the conwnencemcnt dite of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT. other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page I of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified maik return receipt requested, to the respective addresses specified on Page I o~' the AGREEMEN F. The COLCNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the cthc~ ~.~rW. All correspondence to the DISTRICT under this AGREEMENT ~hall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, aha agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, ser~,ants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional 2nsured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES Page 2 of 9, Exhibit "B" 6.1 !f either par~) fails to fulfill its ok t igat;o:xq under this AGREEMENT in a timely and proper manner, the other party shall have the fight to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non-defaulting..,,p_.~ar3~,.. Contract File:\County.doc 0 ¥17/~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS shall have the option to terminate this AGREEMENT at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate thi~ AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of '.york under dfis AGREEM KNT may be.. m~minated by the DI$~IRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to .the COU~'TY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. The mediation process shall be confidential to the extent permitted by law. 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsi, bility fo~ loss or damage, including ~ut not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall ~hen be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSItIP 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: Page 3 of 9, Exhibit "B" A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records Contract File:\County.d~c 117499 SOUTH FLORIDA WATER MANAGEMENT DISTRICT E~BIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a ?er~>C ~ f 3' 'c ?,:.;~, fi t~:n comp!.~tir, g pei f~nnancc and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing ~t~,nd,"u'ds all records dir~ctly or i~directly related to th~s AGREEMENT. Such examination may be made only within five years fi.om the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for L~gal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) ancO'or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transt'ers, sells and ,~berw:.se 2,an~: ~o ~he DIS FRIU'F any aha ali rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, howc~er tl~e COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of t~is AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developexl solely by or for the COUNTY, or lawfiilly acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to thc DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard thc equiDnent throughout the period of p.:fformance of this AGREENIENT. ttowever ~c DISTRICT will not hold thc COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In thc event of loss or damage, thc COUNTY shall notify thc DISTRICT in writing within five (5) working days of such occurrence. Page 4 of 9, Exhibit "B" Contract File:\County.d, SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed soft'ware is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcon~actors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shali take all measures necessary to effectuate these assurances. 8.3 . The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary ','o,- either I-'~y to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY. by its execution of this .-kGREEMENT, ack¢owl-zdges and at:e~ts that ae~ti~er it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to bea¢fit me DISTRIC'I' is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed Page 5 of 9, Exhibit "B" on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by flee DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMI~NT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions, of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter ! ~9 and rela~ed Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 740.241 Florida Statmes, data [~rocessing software obtain~:d by an agency ander a license AGREEMENT which prohibits its disclOsure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. l--!owever, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Contract File:\County.docj 09t£ tg) ; 4 i22g SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the COUNTY is prohibited from the expenditure of any fimds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. ARTICLE 9 ~ RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent conu'actor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship ether than that of i,~-?er~:~cqt .,,,~t, ac~or bct,.veec thc parties and their respe, cuve employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties aa'e free to enter into contracts with other parties for similar services. 9.4 The CO~ shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - M/WBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority and Women Business Enterprises (M/WBE) participation goal has been established for this AGREEMENT; however, both parties agTee to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in M/WBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws. ordinances and policies and will support thc other's wmati~es to tk- extent aliowext b~ law. ARTICLE 11 - YEAR 2000 COMPLIANCE 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the Page 6 of 9, Exhibit "B" In the event that the COUNTY's performance, as required by this AGREEMENT, involves the usc Contract File:\County.d¢ 0~.1-7~9~ /~ ps. SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS and/or delivery of a software, firmware and/or hardware product of any kind, the following language in this Article 11 shall apply: 11.1 COUNTY represents and warrants that the software, fn-mware and/or hardware is designed to be used prior to, during, and after the calendar year 2000 A.D., and that the software, firmware and/or hardware will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references multiple centuries. II.2 Without limiting the generality of the foregoing, COUNTY further represents and wan-ants: 1) that the software, firmware and/or hardware will not abnormally end or provide invalid or incorrect results of date data, specifically including date data which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance, including, but not limited to, date data century recognition, calculations which accommodate same century and multiple century formulas and date values, and date data interface values that reflect the century; and 3) that the software, firmware and/or hardware includes Year 2000 Compliance. For the purposes of this AGREEMENT, Year 2000 Compliance also means that thc softwarc, fi~ mware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. ! 1.3 Included as part of this Year 2000 Compliance Warranty, COUNTY shall provide to the DISTRICT, at no additional charge with, (i) fixes, corrections and updates to the software, firmware and/or hardware that are necessary to ensure Year 2000 Compliance as defined herein, and (ii) advice, consultation and assistance to use the software, firmware and/or hardware and diagnose and correct Year 2000 Compliance problems that may exist with either the software, firmware and/or hardware, (iii) and, if deemed necessary by the DISTRICT, replacement software, firmware and/or hardware which is compliant with this Year 2000 Compliance Warranty. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a software, firmware and/or hardware product of any kind previously developed by the COUNTY or other thud party, and in the event fixes; corrections and updates of the software are not technically feasible, the COUNTY shall accept the return of the software, firmware and/or hardware if this Year 2000 Compliance Warranty is breached, and terminate any and all applicable Schedules and/or License Agreements. Further, the COUNTY shall refund to the DISTRICT the full amount of the License Fee actually paid to the COUNTY for the software; and, in the case of hardware return, the COUNTY shall refund to the DISTRICT the full amount of the hardware actually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the COUNTY shall refund to the DISTRICT all maintenance fees paid by the DISTRICT, if any, for on-going support, new software releases and product updates. All such refunds shall be made to the DISTRICT. Notwithstanding any other prov,sion in the AGREEMENT to the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law, without any limitation whatsoever, as may be determined by a court of competent jurisdiction (including damages and equitable relief). 11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set forth herein. This Article 11, in its entirety, shall survive the expiration or termination of t:ds AGREEMENT. ARTICLE 12 - GENERAL PROVISIONS Page 7 of 9, Exhibit "B" 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be ContractFile:\County.doc 091~J!.~ ~.~ . ~ ~.~.Oq~,,..,,., SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B' GENERAL TERMS AND CONDITIONS held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of C~,.:. c. ?.:~- ~.~, or'. :r cc.:;e ~f ~e same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apl'.iy if the 'S,atcw.,-r' ~[ W?rk" of this AGREF_AVI,I,~Wr specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to p~ovis!ons of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or one'~h,rc~'able, as against allX, i,er~c,.,;, entity or cicct,m-tancr, during :he term hereof, by K,rce of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall no: affect any other term or provision of this AGREEMENT, to fl~e extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all white:: or ~): al representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suflSce to legally bind the DISTRICT :~n a ,.ontractu,~l relationship unless'they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 - SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used., 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain an Page 8 of 9, Exhibit "B" No.._~/j~)fft..l~ Contract File:\County.doci 09/~.~9 ~ I~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXBIBIT "B" GENERAL TERMS AND CONDITIONS accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 7t:e COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work persons who may be affected thereby; pedestrians, visitors, or traveling public; and other including 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COLrNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. t3.12 The DISTRICT may order the COUNTY to halt operations under the AGtREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, paveme,nt, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the ,v,~,k; thc COIJNT¥ shall act, t:mely and wth due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the Page 9 of 9, Exhibit "B" ContractFile:\County.doc !/17/~,~C I q !999 EXHIBIT "C" STATEMENT OF WORK WATER QUALITY SAMPLING IN COLLIER COUNTY, FLORIDA 1.. INTRODUCTION The purpose of this three (3) year interagency Agreement between the South Florida Water Management District (District) and Collier County Pollution Control (County) is to complete water quality sampling for Florida Department of Environmental Protection Ambient Monitoring Program. This Agreement includes the collection of groundwater field measurements and surface water samples as part of the Florida Department of Fnvironmental Protection (FDEP) Ambient Monitoring Program, and attendance at FDEP Ambient Meetings and training sessions. Samples collected for the FDEP Ambient Monitoring Program include surface water quality samples from three sites as part of the Surface Water Temporal Variability (SWTV~ Ne,work I, aAditinn, ground water t~eld parameters will be collected from one unconfined well monthly, and or, e confined welt quarterly as part of the Ground Water Temporal Variability (GWTV) Network. For the past fourteen (14) years, the District has entered into a reimbursement contract with FDEP to sample groundwater monitoring wells across the District. That program was known as the Ambient Monitoring Network. Last year the Ambient Monitoring Program expanded to include collection of surface water samples. In 1999, the District began subcontracting with several counties to perform some of the required ground water monitoring and surface water sampling. 2. OBJECTIVES The primary objectives of this Agreement are to 1) decentralize regional monitoring efforts to the local level, 2) partner with local government and 3) reduce District costs while allowing redirection of staff to priority projects. 3. SCOPE OF WORK The County shall collect monthly SWTV surface water samples (Attachment A) at BARRNRVR (latitude 25£722.':.':~,,c, imde 8121J. 9W), LKTRAFRD (latitude 262522N/longitude 812937W), and MGGC@31 (latitude 261004N/longitude 814601W), and ship them to the FDEP Laboratory for analysis. The County shall also obtain monthly GWTV field parameters on one unconfined (Attachment B) well, C-00980 ~!atitude 261345.6/longitude 813843.5) and one confined well, C-00956 (latitude 261345.5/longitude 813843. I) quarterly, and fax the results to the District Project Manager. The County shall input the data in approved electronic format to be submitted to District. Lastly, the County shall attend biannual meetings as requested by FDEP and training sessions, if offered (see Exhibit "D," Payment and Deliverable Schedule). Page I of 5, Exhibit "C" to Agreement No. C-11741 4. WORK BREAKDOWN Task 1. Approved Comprehensive Quality Assurance Plan (CompQAP) A Florida Department of Health (FDOH) approved CompQAP for the collection of environmental water samples will be submitted to the District upon execution of this Agreement. The County shall maintain an FDOH approved CompQAP for the duration of the Agreement and will submit Plan revisions to the District upon approval by FDOH. The County shall notify the District Project Manager if they lose approval status for their CompQAP. If needed, the CompQAP shall be revised to reflect changes in analytical or sampling methodology and shall be approved by FDOH and the District Project Manager prior to the start of sampling. The District and FDEP may review field sampling and quality assurance/quality control (QA/QC) procedures and conduct field QC audits as desired at any time. The County shall notify the District Project Manager in writing of any quality assurance problems encountered during the monthly sampling event. I'a~k 2a. Ground Water and Surface Water Quality Field Mcasureme~ts and Decumentation In sita measurements of the water column shall be collected by the County for parameters as shown Attachments A and B. A multi-parameter analyzer will be used to collect temperature, pH, specific conductance, and dissolved oxygen. All surface water measurements and sample collection will be made at 0.5 meter below the water's surface. The County shall ensure that at least one (two if possible) qualified sampler(s) is present during all sample collection. For the purposes of this Agreement, a qualified sampler shall be one who has taken the United States Geologic Survey (USGS) sampling course or an equivalent course approved by the District within the last five (5) years. The County shall record all field and ancillary data in a bound notebook. The County shall submit a copy of the appropriate field notes with each sample shipment to the FDEP. The County shall surrender the field notebooks to the FDEP upon completion of the project. The County shall adhere to FDEP protocol for documenting field data and will receive training on new field documentation techniques, as implemented by the FDEP. Task 2b. FDEP Surface Water Temporal Variability (SWTV) Network Sample Collection Thc County shal! obtain the sample containers from FDEP for collection ~f sm-face water samples from three (3) sites monthly in Collier County. The County shall collect the required samples and ship on the same day to the FDEP Laboratory for analysis. The County shall document all field conditions and readings on the FDEP "Sample Custody Record", Figure I and submit a copy with each sample shipment · to the FI)EP. On the day of sample collection, the County shall fax a copy of the field data and Sample Custody Record to the District Project Manager. The County shall ensure that the proper equipment, supplies and sampling protocol as identified in the FDEP CompQAP are used to collect each sample. The County shall be knowledgeable of project details prior to sampling. Task 3a. FDEP Groundwater temporal Variability (GWTV) Network Collection of Field Parameters TSc {_ ,:~nty ,;nail mcmt0r or, e unconfined aquifer well, CO0980 (latitude 261345.6/longitude 81384.3.5) monthly, and one confined well, C-00956 (latitude 261345.S/longitude 813843.1) quarterly for field parameters listed in Attachment B. On the day of sample collection, the County shall fax copies of field notes a~d results in appropriate format to the District Project Manager. Task 4. Professional Training / Meetings Appropriate County staff shah attend FDEP Ambient Monitoring Program meetings semiannually. The County shall ensure all technicians working on projects conducted under this Agreement receive basic water quality sample collection training from the United States Geologic Survey (USGS) or equivalent~L' Page 2 of 5, Exhibit "C" to Agreement No. C- 11741 vendor approved by the District. The County and District Project Manager will meet regularly to discuss the status of this Agreement. Task 5. Reporting Four (4) progress reports shall be submitted to the Dis~'ict, one within thirty (30) days of the end of each quarter, and the last one due on September 15 of each year. Each progress report shall indicate work performed during the reporting period, work scheduled for the next reporting period, quality assurance issues, and any problems encountered during sample or data collection. 5. CONTINGENCIES Every effort will be made to complete all the tasks as described; however, it is recognized that samples may be missed due to inclement weather or unforeseen unsafe working conditions. The County shall notify the District Project Manager immediately if a sample can not be collected. The District may amend this Agreement in the e~cnt of a natural disaster or major storm. Page 3 of 5, Exhibit "C" to Agreement No. C-11741 FIELD INDICATORS Water Temperature pH Specific Conductance Dissolved Oxygen (DO) Stage, velocity Time, date Secchi Depth Total Depth Sample Depth A~I~FACHMENT A FDEP SURFACE WATER FIELD MEASUREMENTS LABORATORY ANALYTES Sodium Potassium Calcium Magnesium Chloride Fluoride Sulfate Nitrate · Nitrite Ammonia Total Kjeldahl Nitrogen (TKN) Ch tho-PP, osphate, filtered Total Phosphorus '--" Total Organic Carbon (TOC) Color Turbidity Total Suspended Solids crss) Alkalinity Total Dissolved Solids (TDS) Total Coliform Fecal Coliform Chlorophyll-a (Lakes and Non-Wadeable Rivers only) REMAINDER OF PAGE INTENTIONALLY !.I~-lgT BLANK Page 4 of 5, Exhibit "C" to Agreement No. C-11741 ATTACHMENT B FDEP GROUND WATER FIELD MEASUREMENTS Water Temperature pH Specific Conductance Dissolved Oxygen (DO) Land Surface Elevation (LSE) Depth to Water (from LSE) Micro land use (once per year) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 5 of 5, Exhibit "C" to Agreement No. C-11741 o~§ EXHIBIT "D" PAYMENT AND DELIVERABLE SCHI~DULE Quarterly reimbursement requests will be submitted before the end of the month following the quarter (e.g. for the quarter, October 1,1999 - December 31, 1999, the reimbursement request will be due before January 31, 2000). All invoices will list the deliverables submitted to the District during the quarterly reporting period, including (but not limited to) raw data transmittals, monthly verified data transmittals/summary reports, and tasks conducted in accordance with the requirements set forth under Tasks 1 through 5. Upon receipt and/or documentation of completion and acceptance of deliverables by the District, the District agrees to pay the County as specified below. Payment will be contingent upon delivery and District acceptance of all products due within the invoiced period. FY2000 Tasks 1 :hroagh 5 are as follows: Task Deliverable Description Due Date FY2000 Quarterly Payments Task 1 Submit FDEP approved Comprehensive Quality Upon contract execution. Assurance Plan (CompQAP) Task 2A Collect GWTV and SWTV field measurements Date of collection. and fax to SFWMD Project Manager. Task2B Collect SWTV samples and submit to FDEP Date of collection. $858.14 Laboratory. Task 3A Collect GWTV field measurements at one Monthly/Quarterly $750.00 unconfined well and one confined well. Task 4 Travel to FDEP Ambient.meetings and training. To be determined. $750.00 Task 5 Submit progress report indicating work performed Quarterly to District Project Manager. .... Total Quarterly Payments per Year $2,358.14 ...... ~_TO__TA I~ ..... $9,432.55 FY2001 Tasks 1 through 4 are as follows: Task Task I Deliverable Description Recon an estimated 25-30 surface water sites for DEP status network Due Date Task '~ Task 3 _t__a&k__.4_ -~, i."ie_Id__p~_ameters - GWTV - D_E?~_2.?_elt_s- Sample DEP IWRM Travel to FDEP Ambient meetings and training. Tota_l Quarterly Payments per Year TOTAL Quarterly Date of collection To be determined. _M__°. m._hl y/Q u ar t e_r I~v. FY2001 Quarterly Payments $1,250.00 $901.00 $750.00 $75000 $3,651.00 $14,604.00 Page I of 2, Exhibit "D to Agreement No. C-11741 FY2002 Tasks 1 through 4are as follows: Task Deliverable Description Due Date FY2002 Quarterly Payments Task 1 Sample estimated 25-30 s.w. sites for FDEP status Quarterly $1,750.00 network Task 2 sample DEP IWRM Date of collection $946.00 Task 3 Travel to FDEP Ambient meetings and traini.'ng. To be determined. $750.00 Task 4 Sample - GWTV wells - 2 - FDEP Monthly/Quarterly $900.00 Total Quarterly Payments per Year _ $4r346.00 TOTAL $17~384.00 Page 2 of 2, Exhibit "D to Agreement No. C-11741 EXHIBIT "M" ~WMD Contract No. C-11730~ CONTRACT DEP Contract No. GW18t THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT whose address is Water Quality Monitoring Division, P.O. Box 24680, West Palm Beach, Florida 33416-4680 (hereinafter referred to as the "Contractor"), a governmental entity, for ground water sampling and maintenance of the Ambient Monitoring Network in the South Florida Water Management District. In consideration of the mbtual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: The Department does hereby retain the Contractor for ground water sampling and maintenance of the Ambient Monitoring Network in the South Florida Water Management District as defined herein and the Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Contract, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. o The Contract( determined b necessary to otherwise spe The Contract( representative r shall perform the services in a proper and sati.~ the Department. Any and all equipment, pro :)erform this Contract shall be supplied by the :ified herein. .r shall pedorm as an independent contractor an~ or employee of the Department. factory manner as tucts or materials .;ontractor, unless not as an agent, As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fixed pdce basis in the amount of $146,000 as specified in Attachment A. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All travel and incidental expenses are included in the fixed price amount of this Contract. This Co~tract shall begiq upo,'~ executio~ by both parties or October ~, 1999 (whichever is later) and remain in effect until September 30, 2000, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered pdor to the execution date of this Contract. This Contract may be renewed for an additional term not to exceed the original Contract period unless the original contract period is 24 months or less, in which case the Contract may be renewed up to two additional one-year pedods. Renewal of this Contract shall be in writing and subject to the sane terms .and Contract EXHIBIT '~" SFWMD Contract No. C-11731 DEP CONTRACT NO. OWlg0 FLORIDA DEPARTMENT OF ENVIRON1MP~NTAL PROTECI'ION AGREEMENT FOR WATER MANAGEMENT DISTRICT AMBIENT MoNrrOR/NG OF SURFACE WATER This Agreement is made and entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, hereinafter referred to as the DEP, and the SOIYrH FLORIDA WATER MANAG~ DISTRICT, whose address is Water Quality Monitoring Division, P.O. Box 24680, West Palm Beach, Florida 33416-4680, hereinafter referred to as the CONTRACTOR. W1TNESSETH: WH~EREAS, the DEP has received Section 604(b) grant funds (CFDA 66.454) from the U.S. Environmental Protection Agency (EPA) for surface water programs in the state of Florida; and, WHEREAS, the DEP wishes to use funds from the above grant to obtain ambient surface water quality data in the water management district managed by the CONTRACTOR; and, WHEREAi water quality data NOW, TI-13 and for other goc CONTRACTOR and conditions su ~~-~has ~'~ to ~rovide 4~ services 4ceded for ambient surface ,in is 'c !i~I:l'conD_sid~~o/o~¢~e~'se~~th~utSalcovenantshereinconta'~tned, t a~id ~alu~thle cp/tsid~ra 't~on,'la~'e qE~ al~es to en~plo~ the CONTRACTOR and the ieg~.6effSJ~e °~_~h ~tTjn' °r her~ter auth°rized' up°n the terms SECTION I - SCOPE OF THE PROJECT A. General Provisions The CONTRACTOR shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a pan hereof. B. General Responsibilities of the CONTRACTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by the CONTRACTOR under this Agreement. If the Agreement involves ee. vironmen,al, measurements or d~ta generation, the CONTRACTOR sh~l! comply with EPA quality assurance requirements in 40 CFR 30.54 or 31.45, as applicable. The CONTRACTOR shall, without additional compensation, correct or revise any errors, o,nzssions er .other deficiencies in its designs, drawings, specifications, reports and other services. The CONTRACTOR shall perform the professional services necessary to accomplish work specified in this Agreement in accordance with this Agreement and applicable EPA requirements ~n effect on the date of execution of the assistance agreement for this ltroje r. materials furnished hereunder shall not in any way relieve the CONTRAqTOI~'.q~ work or DEP Contract No. G%Vlg0, Page 1 of 12 ! EXECUTIVE SUMMARY AWARD OF RFP 99-2920 FOR ELECTRONIC DOCUMENT MANAGEMENT SYSTEMS OBJECTIVE: To contract with Image One, Inc., to implement and install electronic document management systems. CONSIDERATION: RFP 99-2920 was advertised on March 8, 1999. One hundred and seventeen (117) notices were sent out, twenty-seven (27) RFP packages were requested and six (6) proposals were received. The selection committee reviewed the proposals, requested on-site presentations and reached a consensus choosing Image One, Inc., as the selected vendor. The Purchasing staff has negotiated pricing and terms to be used in both a Master Purchase Agreement and a separate Master Service Agreement which have been reviewed by the Office of the County Attomcy as to form and legal sufficiency. Under the approved Purchase Agreement, any department under the Board may acquire an ELectronic Document Management System from the approved vendor. Prices specified in the Master Agreement are fixed until October 31, 2000, allowing any Board of County Commissioner departments to purchase the system with either FY2000 or FY2001 funds. Hardware and software are purchased under SNAPS (State Negotiated Agreement Price Schedule). They will also have the option of purchasing hardware and software maintenance under the separate Master Service Agreement. FISCAL IMPACT: There is $252,800 appropriated in FY 00 for this project in the Development Services Fund (113). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid 99-2920, Electronic Document Management System to Image One, Inc. arid that the Chairwoman be authorized to sign the agreements on behalf of the Board. AGENDA I~EM DEC 1 ~ 1999 Pg.. . _. --" .... Danielle Chard, Principal Information Technolbgy Professional REVIEWED BY: APPROVED BY: APPROVED BY: re Date:/z. 2- ~'~' ctor 2~;~_ /q,'~,~JD ) dc~4 3 c/O' Date: /d ~- ? ~ S~~~~ Date: /&~_~? Vincent Cautero, CommuniW Development ~d Environmental Se~qces Administrator AGENpA I'~F.~ , DEC 1 4 1999 l~g. EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KENSINGTON PARK, PHASE 3A" OBJECTIVE: TO grant final acceptance of "K ' , enslngton Park Phase 3A" CONSIDER3~TION: On September 6, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Kensington Park, Phase 3A" The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AGENDA IT~'"""'~'"" DEC 1 1999 Executive Summary Kensington Park, Phase 3A Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Kensington Park, Phase 3A" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: uonn R. Hou±Gswort~, Senior Engineer Engineering Review REVI E~D~/BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date ~f0be~'t Mulhere, AICP Planning Services Department Director APPROVED BY: ,,4 ? Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date j rh A~A ITF__.M DEC 1 ISgg LAKES BI.VD LA 14 23 PONCE DE LEON DR S LO'CAT[ON MAP 18 14TH A, VE. 18TH AV $.w 20TH AV S.W. 22ND AV SW AGENDA iTEM DEL; 1~, 1999 Pg. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY~ DRAINAGE, WATER AND SEWER IMPROVEMENTS IN KENSINGTON PARK, PHASE 3A, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 2, 1996 approved the plat of Kensington Park, Phase 3A for recording; and WHEREAS, the developer has constructed and maintained thc roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WtIEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Kensington Park, Phase 3A, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK~ CIERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney AGENDA DEC 1 I:)~. , /7(' EXECUTIVE S~RY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BRIARWOOD UNIT FOUR" OBJECTIVE: TO grant final acceptance of "Briarwood Unit Four" CONSIDERATION: On April 18, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Briarwood Unit Four". o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance w:th the Land Devei©pme:~t Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 0 A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AGENDA ITF~ ---- DEC 14 { 99 Executive Summary Briarwood.Unit Four Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Briarwood Unit Pour" and release the maintenance security. Authorize the Chairman to execute the attached resolution ~uthcrizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Hod!dswerth, Senior Engineer Engineering Review REVI~Y: Thomas E. Kuck, P.E. Engineering Review Manager Robert~ulhere, AICP P~anning Services Department Di'rector APPROV]~D BY: Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date Date Date j rh DEC lq 1999 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5o 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN BRIARWOOD UNIT FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 12, 1996 approved the plat of Briarwood Unit Four for recording; and %2tEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Briarwood Unit Four, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DW1GHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal su~ffi?iency: geidi 1~. ~shton Assistant Collier County Attorney AGENDA. iTEM DEC 1 zt 1999 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KENSINGTON PARK, PHASE TWO" OBJECTIVE: To grant final acceptance of "Kensington Park, Phase Two" CONSIDERATION: On November 2, 1995, the Board of County Commissioners granted prel~.m~nar¥ acceptance of the roadway, drainage, water and sewer !mprovements in "Kensington Park, Phase Two" The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None DECI , Pi-_ / ,i Execu::ve Summary Kensington Park Phase Two Page 2 RECOM/~ENDATION: That Lne Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Kensington Park, Phase Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution au%horizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REV I~D~}~ ~, ~~ Thomas E. Kuck, P.E. Engineering Revmew Manager Date ~Obert Mulhere, AICP Planning Services Department Director Date APPROVED~ BY: I .... ~' Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date j rh ^GE~A,~------ DEC 1,~ ~99 P~,. ~ LOCATION I~T/'~'~ q~ ~'I''~ & DEC 14 ~299 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER P~'gD SEWER IMPROVEMENTS IN KENSINGTON PARK, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSiBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIAIION. WttEREAS. the Board of County Commissioners of Collier County, Florida, on November 15, 1995 approved the plat of Kensington Park, Phase Two for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted lbr those roadway, drainage, water and sewer improvements in Kensington Park, Phase Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: Heidi F. Ashton ,Assistant Collier County Attorney AGENDa, ?TEM EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "BRIARWOOD UNIT THREE" OBJECTIVE: TO grant final acceptance of "Briarwood Unit Three" CONSIDERATION: On June 3, 1996, the Board of County Commissioners granted prelimin&ry acceptance of the zoadway, drainage, water and sewer improvements in "Briarwood Unit Three" The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with the Land Devel~pment Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None DEC 1 1999 .g ...__./ Executive Summary Briarwood Unit Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Briarwood Unit Three" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: Jo~n-~-. Houldsw~rth, Senior ~ngineer Engineering Review ate Thomas E. Kuck, P.E. Enlineerir:g Review Manager Date R©ber~ Mulhere, AICP Planning Services Department Director Date APPRO?Ep BY: Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date j rh AGENDa' DEC 16 1999 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAiNAGE, WATER AND SEWER IMPROVEMENTS iN BRIARWOOD UNIT FOUR, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTiNG THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 12, 1996 approved the plat of Briarwood Unit Four for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specification~ and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17)~ and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Service~ Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Briarwood Unit Four, and authorize the Clerk to release the maimenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, wate~ ~l:J!~m~ improvements that are not required to be maintained by the homeowners associ~_ This Resolution adopted after motion, second and majority vote favor, DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMI~ COLLIER COUNTY, FLORIDA Approved as to form and legal su~ffi~iency: Heic~ ~. ~shton Assist~t Collier Co~ A~omey By: PAMELA S. MAC'KIE, CHAIR~ ...... EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "JOHNNYCAKE COVE" OBJECTIVE: To grant final acceptance of "Johnnycake Cove" CONSIDERATION: On January 31, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Johnnycake Cove". o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with the Land Deve!oDment Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None DEC 1 1999 Executive Summary Joi .... ~ycake Cove Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Johnnycake Cove" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review D'ate REV~/D BY: Thomas E. Kuck, P.E. Engineering Review Manager Date R~bert/Mulhere, AICP Planning Services Department Director Date APPROVE~By/. ~ Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date j rh DEC 14 1999 LOCATION MAP AGI-r. NDA DEC t~ 1999 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 ,49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN JOHNNYCAKE COVE, RELEASE OF THE MAINTENANCE SECUq~ITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, D1L~INAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 25, 1997 approved the plat of Johnnycake Cove for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, lhe developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted tbr those roadway, drainage, water and sewer improvements in Johrmycake Cove, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: atTTEST: DWIGH 1 E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: H'eidi F. Ashton Assistant Collier County Attorney DEC lq !999 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "KENSINGTON PARK, PHASE 3B" OBJECTIVE: To grant final acceptance of "Kensington Park, Phase 3B" CONSIDERATION: On September 30, 1997, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Kensington Park, Phase 3B" o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with t~e Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transpor5ation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AGENDA, I'~ M.') ,-., ~ ""' 1999 Executive Summary Kensington Park, Phase 3B Page 2 RECOM~4ENDATION: That %he Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Kensington Park, Phase 3B" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date Thomas E. Kuck, P.E. Engineering Review Manager Robert ~ulher~--~TC~ ---~ Planning Services Department Director APPROVED BY../ Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date Date j rh DEC 1 4:1999 -F 23 ~0~c£ DE L[O~ D~ KENSINGTON PARK 24 T-oc~.~O~' ~ kTI'~rT'~ ~P/"~ 'O/''l A T g'~ I ~8~ AV S.W DEC 1 4.. 1999 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 ~8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 6o RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN KENSINGTON PARK, PHASE 3B, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 3, 1997 approved the plat of Kensington Park, Phase 3B for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as an~ended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted tbr those roadway, drainage, water and sewer impro~ ements in Kensington Park, Phase 3B, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWI(JIlT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal suffigiency: Heidi F. Ashton Assistant Collier County Attorney EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "AVILA UNIT ONE" OBJECTIVE: To grant final acceptance of "Avila Unit One" CONSIDERATION: On March 24, 1998, the Board of County Commissioners approved the plat of "Avila Unit One" for recording. o The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. GROWTH MANAGEMENT IMPACT: None AGEI~A ITEM DEC iq .Executive Summary Aviia Unit One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Avila Unit One" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance'security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVI~D,D ~ ~. ~~ Thomas E. Kuck, P.E. Engineering Review Manager /..'U' // ~ Rc~ert/Mulhere, AICP Planning Services Department Director APPROVED BY: /i1 . -!~'__~-.' ,: .... .;~'.-.: ~-- Vincent A. Cautero, AICP, Administrator Community Dev. and Environmental Svcs. Date Date D&te j rh AGENDA ITEM DEC 14 ':::'3 Pg. ~ LOCATION MAP JECT SITE DEC !4 t~99 1 2 3 4 6 7 8 9 lO 11 12 13 14 15 ~6 17 18 19 2o 21 22 23 24 25 27 28 29 30 31 32 33 34 35 36 $7 38 39 40 41 42 43 ,44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 99- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS IN AVILA UNIT ONE. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County. Commissioners of Collier County, Florida, on March 24, 1998 approved the plat of Avila Unit One for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and V~TqEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL.,rNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Avila Unit One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeo'~mers association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to form and legal sufficiency: Heidi F. Ash~on - Assistant Collier County Attorney DEC ':'" EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GREY OAKS UNIT FIFTEEN", 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 "Grey Oaks Unit Fifteen", a subdivision of lands located in Section 24, 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 "Grey Oaks Unit Fifteen". 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. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Fifteen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $384,314.40 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading $ 38,28 .00 $346,033.40 £~ecutive Summary Grey Oaks Unit Fifteen Page 2 The Security amount, equal to 110% of the project cost, is $422,745.84 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: $7085.56 Fees are based on a construction estimate of $371,808.40 (does not include City of Naples water) and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 618.28 b) Construction Drawing Review Fee c) Sewer (.50% const, est.) - $ 128.88 Drainage, Paving, Grading (.42% const, est.)- $1453.34 Construction Inspection Fee Sewer (1.5% const, est.) Drainage, Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: - $ 386.63 - $4498.43 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 "Grey Oaks Unit Fifteen" for recording with the following stipulations: Approve the amount of $422,745.84 as performance security for the required improvements. Approve the standard Agreement, and form Construction and Maintenance Executive Summary Grey Oaks Unit Fifteen 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: J~hn ~. Hot~!dsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Robert Mulhere, AICP Planning Services Department Director AP PROV~y~ ~// Vincen~ A~. ~autero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GREY OAKS UNIT SIXTEEN", 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 "Grey Oaks Unit Sixteen", a subdivision of lands located in Section 24, 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 "Grey Oaks Unit Sixteen". These documents are in compliance with the County Land Development Code aud 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. Engineering Review Section recommends that the final plat of "Grey Oaks Unit Sixteen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $191,719.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Irrigation Drainage, Paving, Grading - $ 56,949.00 - $134,770.50 Executive Summary Grey Oaks Unit Sixteen Page 2 The Security amount, equal to 110% of the project cost, is $210,891.45 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: $3934.00 Fees are based on a construction estimate of $191,719.50 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 476.92 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction. Drawing Review Fee Water & Sewer (.50% const, est.) - $ 284.75 Drainage, Paving, Grading (.42% const, est.)- $ 566.07 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 854.24 Drainage, - $1752.02 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 "Grey Oaks Unit Sixteen" for recording with the following stipulations: Approve the amount of $210,891.45 as performance security for the required improvements. 2. Approve the standard form Construction Agreement, and and Maintenance D~C !~ !999 Executive Summary Grey Oaks Unit Sixteen 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. PREPAPED BY: Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Ku~k, P.E. Engineering Review Manager R o~C P Planning Services Department Director APPROVED~~BY: ~' ~/7~/ Vinceht AX Cauterol AIOP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date ?1- Date Date Date m m DEC i ~ '799 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GREY OAKS UNIT FOURTEEN", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORM/%NCE SECURITY OBJECTIVE: To approve for recording the final plat of "Grey Oaks Unit Fourteen", a subdivision of lands located in Section 24, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Grey Oaks Unit Fourteen". 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 "Grey Oaks Unit Fourteen" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,156,596.90 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $315,246.50 - $841,350.00 .,. /__ i ~ Executive Summary Grey Oaks Unit Fourteen Page 2 The Security amount, equal to 110% of the project cost, is $1,272,256.59 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: $19,227.22 Fees are based on a construction estimate of $1,034,667.40 (does not include city of Naples water distribution system) and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 1057.92 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 966.59 Drainage, Paving, Grading (.425% const, est.)$ 3575.74 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: - $ 2899.76 - $10727.21 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 "Grey Oaks Unit Fourteen" for recording with the following stipulations: Approve the amount of $1,272,256.59 as performance security for the required improvements. DEC Executive Summary Grey Oaks Unit Fourteen Page 3 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. bo 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: T h o~~k ,~'~ .~E~ Engineering Review Manager Date Date Rober~Mulhere, AICP Planning Services Department Director APPROVED B/: Vincen~ A. Cautero, AISC/5, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB", 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 "Bentgrass Bend at The Estates at Bay Colony Golf Club", a subdivision of lands located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Bentgrass Bend at The Estates at Bay Colony Golf Club" 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 "Bentgrass Bend at The Estates at Bay Colony Golf Club" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $210,756.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 71,180.00 - $139,576.00 A~A ~TE.I~ ~' DEC 1 q 1999 Executive Summary Bentgrass Bend at The Estates at Bay Colony Golf Club Page 2 The Security amount, equal to 110% of the project cost, is $~91,831.60 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: $4421.31 Fees are based on a construction estimate of $210,756.00 and were paid in September, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 597.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 355.90 Drainage, Paving, Grading (.425% const, est.)-$ 586.22 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1067.70 Drainage, - $1814.49 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 "Bentgrass Bend at the Estates at Bay Colony Golf Club" for recording with the following stipulations: Approve the amount of $231,831.60 as performance security for the required improvements. AGE.~ iTEM DEC 1999 Executive Summary Bentgrass Bend at The Estates at Bay Colony Golf Club Page 3 2. 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. 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: Thoma P.E. Engineering Review Manager Robert~Mulhere, AICP Planning Services Department Director Vincent A. Cautero, AICP~ Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date Date Date Date --t .~EXICO LEE LOCA T/ON MAP , ,,~,~,~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PEBBLEBROOKE LAKES PHASE 2B" OBJECTIVE: To approve for recording the final plat of pebblebrooke Lakes Phase 2B, a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Pebblebrooke Lakes Phase 2B". 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. The Board has previously approved the plat for Pebblebrooke Lakes Phase Two. The required subdivision improvements for Phase 2B are covered by a Construction & Maintenance Agreement and a Letter of Credit. Engineering Review Section recommends that the final "Pebblebrooke Lakes Phase 2B" be approved for recording. plat of 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. DEC Executive Summary Pebblebrooke Lakes Phase 2B Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pebblebrooke Lakes Phase 2B" with the following stipulations: 1. Authorize the recording of the Final Plat of "Pebblebrooke Lakes Phase 2B." PREPARED BY: - R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Robert ~ulhere, AICP Planning Services Department Director APPROVE~D BY: Vincent A. Cauter©, AICP Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date DEC 1999 PI. r~- 'PLATBOOK_ .. ~'~-'-'~' ' "~""~-"~'~;~ /i ' . · ' '~ " "' '":~ .' '.i ~ .... - · · ,...-.. : :::~._ ~///////z,~ . .. ~, ,,', '-..,,.':'- .'.. "_.~ ~.~ ;:,.~;~ .... '~Jl N:T.S." [NEERING REVIEW SERVICES DEC I 1999. EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CAYO CASTA", 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 "Cayo Casta", a subdivision of lands located in Section 6, Township 50 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 "Cayo Casta" These documents are in compliance with the County Land Development Code and Florida State Statute Nc. 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 "Cayo Casta" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $223,087.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Gradmng - $ 94,880.00 - $128,207.50 The Security amount, equal to 110% of the project cost, is $245,396.25 AGENDA DEC 1999 L..ecutive Summary Cayo Casta 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: $4562.13 Fees are based on a construction estimate of $223,087.50 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 485.00 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 474.40 Drainage, Paving, Grading (.425% const, est.)-$ 544.88 Construction Inspection Fee Water & Sewer (1.5% const, esT.) - $1423.20 Drainage, - $1634.65 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 "Cayo Casta" for recording with the following stipulations: Approve the amount of $245,396.25 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. Ti~at 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. DEC 1999 Executive Summary Cayo Casta Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager ~~e, AI~P Planning Services Department Director APPROV~ / ~Y: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION j rh Date _Ii- zz-? q Date Date Date' AGENDA DEC 1~ kq99 Pg. ~ COLLIER i~: COUNTY, FLORIDA. LOCATION (NOT TO SCA[ AGENDA tT~ DEC 14 1999 EXECUTIVE SUMMARY PETITION VAC 99-019 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 805, PAGES 758 THROUGH 759, AND TO ACCEPT A 15' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT. LOCATED IN SECTION 27. TOWNSH]P 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To approve Petition VAC 99-019, to execute a Quitclaim Deed to vacate a portion of the above-described Drainage Easemem and to accept a 15' wide Drainage Easemem as a replacement easement. CONSIDERATIONS: Petition VAC 99.019 has been received by the Planning Semces Department from Darnel H. Cox, Esq., from Young, van Assendcrp, Varnadoc & Anderson, P.A. as agent for the petitioner, G-4 Partnership, Harold S. Lymon, Juliet C. Sproul and Katherine G. Sproul, requesting the vacanoa of a portion of the above-described Drainage Easement to accommodate proposed construction at the ate. Th~ are also requesting that Collier County. accept a 15' Vnde Drainage Easement as a replacement easement Improvements within the replacement Drainage Easement have already been constructed by the Petitioner. Leuers of no objection have been received from all pertinent agencies. Zoning is PUD. FISCAL IMPACT: Planmng Semces has collected a $1,000 "Petition to Vacate" fee from the petitioner wtuch covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Cormmssioners: 1. Appro,~e Petition VAC 99.0 19 for the vacation of a poaion of the above-described Drainage Easement; and 2 Autho;~zc the cxecuuon of the Qmt Claim Deed by its Chairwoman and direct the Clerk to the Board to record the Quit Claim Deed in the Official Records; and 3. Approve and accept the 15' wide replacement Drainage Easemem: and 4. Direct the Clerk to the Board to record the replacement Drainage Easement documents m the Official Records. PREPARED BY: L-_'~. c~' cSL,,~r/=,--~ Rick Grigg, P,S.M. Planning Services T~v,~rnas E. Kuck, P.E, Engineering Review Manager DATE: DATE: ,/~ DATE: DEC 1 4 1999 QUITCLAIM DEED THIS QUITCLAIM DEED made this day of ,1999, by the Board of County Commissioners of Collier County, Florida, GRANTOR, and G-4 Partnership, a Florida General Partnership, Harold S. Lynton, Juliet C. Sproul and Katherine G. Sproul, as Trustees for the benefit of Juliet C. Sproul and Ban'on Collier, III, ~hose address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, their successors and assigns, GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of Petition VAC 99-019 and the sum of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE, receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto GRANTEE forever, all right, title, interest, claim and demand which the said GRANTOR has in that certain Drainage Easement interest in, of, and about the following described lands being located in Collier County, Florida, to-wit: (See Exhibit "A" attached hereto and incorporated herein by reference) Also, the 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. IN WITNESS WItEREOF, the GRANTOR has caused these presents to be executed in its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairwoman and Vice Chairman of said Board, the day and year aforesaid. DAFED: ^ TTT.,'C" I~, DW1OH/L. BKOC'K, Clerk BOa~RD OF COI.,,"qTY COMMISSIONERS COLLIER COUNT ¥, FLORIDA By: Prepared by: Marni M. Scuderi, Office of the County Attorney 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8400 PAMELA S. MAC'KIE, Chairwoman Esq, ~ WilsOnMiller Description of Pan of Section 27, Township 48 South, Range 25 East, Collier County, Florida (Part of Drainage Easement to be (South End of 38.9 +/- acre Parcel) Exhibil "A' Shes lof3 VAC 99-019 All that part of Section 27, Township 48 South, Range 25 Ea~ Collier County, Florida being more particularly described as follows; Commencing at &¢ northeast comer of Goodlette Frank Road as recorded in Plat Book 13, page 58 Public Records of Collier County, Florida; thence along the east fight-of-way line of said Goodlette Frank Road, South 05°35'39" East 1936.78 feet to the POINT OF BEGINNING of the easement herein described; thence leaving said line North 18°01 '2T' East 552.59 feet; thence North 52037'36" East 151.58 feet; thence North 04036'59" West 93.27 feet; thence North 71°10'52" East 47.65 feet; thence South 05°35'39" East 192.07 feet; thence South 52°37'36'' West 114.91 feet; thence South 18°01'27" West 550.44 feet; thence South 05035'39" East 92.26 feet; thence South 89°48'50'' West 80.36 feet to a point on the east right-of-way line of said Goodlette Frank Road; thence along said line North 05°35'39'' West 151.32 feet to the POINT OF BEGINNING of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east right-of-way line of Goodlette Frank Road being South 05°35'39" East. WILSON, MILLER, BARTON & PEEK, INC. Registered Engine2rs and Land Surveyors .M!chael,H. Maxwell, P.S.M: ~4650 Not valid unless, gm, bossed with the Professional's seal. Ref. 1L-216, pages 3 and 4 of 4 W.O.# 02818-001-001-SSGSS Date December 11, 1998 .FZ/9928180004.MLB Naples Fort Myers Sarasot~ Brad~ffto~ Tamp~ 3200 Baileg ~oe, Soite 200 Na~es, FTor~a 34105-8507 941~o49-4040 ~ 941-643-5716 ~ kw~v. NO. ~~ DE C I 4 1999 pg. 3 ;'DC&VD PK NAIL & DISC ~7A~D LB-177~ ~ECTION ~7 £45T L1N~ $~rCTIDN ~7 Exhibit "A" Sho~t 2of3 VAC 99-019 15' UTILITY EA$£HENr O.R. 1159, PAGE 1654 '- PARCEL CONTAINING ?8.9 +/- ACRES OOODLETTE FRANK ROAD, PLAT BOOK 13, PAGE 58 ' Sf~EN$,,'ENS ARE /N FEET ~ ~EEi~L~ ~HERE~F. ,_ ~ SEE <TTACHED FOR LEGAL DESCRIPTION AGE~A~ 5 ~EAR/NOS ~R[ ROTATED TO ~[LSON MILL[~ SURVEY, No.. _ _ /, DEC i 4 1999 COLLIER COU3rI?. FLORIDA. 3 5~. !00 -~00 400 ':':£~t j~T£ l:2/10/98 i BARRON COLLIER l~, - ~,~, She~ 3~ VAC NOT '.999 - WILSON LER/: Description of Part of Section 27, Township 48 South, Range 25 East, Collier County, Florida (Drainage Easement Replaced) Exhibit "B" Sheet 1 of 4 VAC 99-019 All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast comer of said Sect/on 27; thence along the east line of said Section 27, South 01°09'43'' East 125.00 feet to a point on the south right of way line of !mmokalee Road ($.R. 846); thence along said right-of-way line South 89012'58" West 1.83 feet; thence North g9°49'40'' West 43.15 feet; thence leaving said line South 01°09'43'' East 618.71 feet; thence South 88° 18' 19" West 169.89 feet; thence South 06°19~24'' East 6.73 feet; thence South 14039'08" West 26.80 feet; thence South 29°33'32" East 13.36 feet; thence South 23 °49'31" West 2 I. 18 feet; thence South 47°17'45" West 36.35 feet; thence South 75°48~9" West 30.34 feet; thence South 55o23'49" West 22.50 feet; thence South 10°56~)4" East 23.71 feet; thence South 18°3 I~27~ West 30.41 feet; thence South 19°42'56" West 20.44 feet; thence South 47°32'15" East 21.88 feet; thence South 57°45'18" West 22.26 feet; thence North 56°50'41" West 21.75 feet; thence Sou~h 05~i 1'03' Wes: 14.73 feet; thence South 03°59'16" East 15.20 feet; thence South 49O29'59' thence South 69°41'30' thence South 51 °09'37' thence South 18° 13'18" thence South 67°26'12' thence South 44~5'59" thence South 00°16'18* thence South 17°01'14" thence South 20°12'59' West thence South 32°29'04~ West thence South 71°56'43" West tkence South 5 ! °50'23 ~' West thence South 26o52'37" West thence South 22o25'52'' West thence South 67o07'08" West thence South 38o22'07" West thence South 14o25'34" thence Soufit 01 °40'52" thence South 25°30'20' thence South 89°48'50' East 20.60 feet; East 36.93 feet; F~ast ! 8.13 feet; West 32.18 feet; West 35.06 feet; West 33.06 feet; West 20.17 feet; West 34.87 feet; 23.13 feet; 22.95 feet; 12.$8 feet; 20.28 feet; 15.00 feet; 24 91 feet; 22.71 feet; 12.85 feet; Ess! 24.33 feet; West 16.04 feet; West 35.13 feet; West 219.75 feet to the POINT OF BEGINNING of the easement herein described 3200 B~iley l.~ne. Suit~ 200 NaDles, FTodda 34105-8507 941-649-4040 ~ 941-643-5716 ~ No. / ~.'~).~'~ DE C 1 4 1999 WilsOnMiller Descriotion of Part of Section 27, Township 48 South, Range 25 East, Collier County, Florida (Drainage Easement Replaced) Continued: Exhibit "B" Sheet 2 of 4 VAC 99-019 thence South 05.035'39" East 886.02 feet; thence South 89°48'50'' West 400.00 feet to a point on the east fight-of-way line of Goodlette Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said line North 05°35'39" West 15.07 feet; thence leaving said line North 89°48'50'' East 384.93 feet; thence North 05035'39" West 870.95 feet; thevce North 89°48'50" Fast 15.07 feet to the POINT OF BEGINNING of the easement herein described; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89°46~26" East. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Michael H. Maxwell, Not valid unles3 embossed with the Professional's seal. Ref.: IL,-216, pages 1 and 2 of 4-- W.O.:# 02818-001-001-SSGSS Date: December 11, 1998 Revised: March 30, 1999 Revised: October 13, 1999 Revised: October 29, 1999 AGENp~ I~E~. NO. ~ DEC 1 4 1999 Pg' 7 -- I'[ Exhibit "B' Shegt 3 of 4 VAC 99.-019 PARCEL CONTAINING 3R9 */- GOoDLETTE FRANK ROA~ pLAT BOOK 1~ pAGE 58 GRAPHIC SgALE rjc't 29. ~999 - 14~4224 D\DVG\MISC\IL216SOId~,o PO, WT Or. M'GZMViN~ DEC 1 4:1999 PREPARED HICI.~4EL /~ ~t~ElL PF'Z~ES$1Z~ ~r~ g ~R FLORIDA REGISTRATi~ ~ 4650 i gh~-t 4o/'4 VAC 99-019 EAST RIGHT Of' MAr t, INE GOODLETTE FRANK ROAD, PLAT BOOK 13~ PAGE 58 *** NO~ A SURVEF *** PETITION FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENT RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON UNPLATTED LAND OR PLATTED LANDS, EXCEPT FOR PUBLIC ROADS Date Received: Petition#:__ Petitioner (Owner):G-4 Partnership, a Florida general partnership (Principals of which are Lamar Gable and Frances G. Villere}, Harold S. Lynton, Juliet C. Sproul and Katherine G. Sproul, as Trustees for the benefit of Juliet C. Sproul, and Barron Collier III Address: 2600 Golden Gate Parkway City/State: Naples, FL Telephone: 941-262-2600 Zip Code: 34102 Agent: Young, van Assenderp, Vamadoe & Anderson, P.A. Address: P.O. Box 7907 Telephone: 941-597-2814 City/State: Naples, FL Zip Code:34101-7907 Location of Subject Property.: Southeast Comer of intersection of Goodlette Road and Immokalee Road Location: Section 27 Township 48 South Range. 25 East Legal Description: See Exhibit "G" Attached Official Record Book 805 Page(s) 755-757 Reason for Request: There will be a simultaneous Grant of Easement for a new drainagg_ easement to replace the one being vacated. This is for the benefit of both the County and the Property_ Owners. Current Zoning:. PUD Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: Yes x No Signature ,~,f Petitioner Lamar Gable Print Name Harold S. Lvnton Print Name General Partner (Title) Trustee (Title) DEC 1 4 1999 Juliet C. Sproul Print Name Signature of Petitioner (Owner) Katherine G. Sproul Print Name Signature of Petitioner (Owner) Barron Collier III Print Name Trustee Trustee (Title) Da~ (Title) Date N/A (Title) G:\users~dhc\dph\creetcsid¢ commerce pa~\petition to vaeate.wpd AGE I DEC 1 4 1999 _ .~. /7, Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date ~ Post Date i Payment Slip Nbr 163394 11/02/1999 4:16:28 PM 11/03/1999 MS 61906 BARRON COLLIER PARTNERSHIP New or Exist: N Payor' BARRON COLLIER Fee Information Fee Code Description GL Account Amount i Waived 12PVAC PETITION TO VACATE 11313890032910000000 $1ooo.ooi Total $1000.00 ~ ~a~r~nt Code__ __ _A_c_c.o_u_nt/~Che~_k Number Payments Amount', CHECK 7061 $1ooo.oo j Total Cash $0.00 1 Total Non-Cash $1000.00; Total Paid $1000.00 ' Memo: VAC-99-019 Check//007061 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashier/location: FROLOFF E / 1 User: KENDALL M AGEN i E DEC 1 4 1999 Printed:l 1/02/1999 4:17:10 PM COLLIE? COUI~ ¥ RECSROEO II Ill inct~u~ent prepared by $~l~a ~00 2600 Golden Gate ParMwa¥ Naples, Florida 33942-3206~ and vhsn recorded return to Suite 200 2600 Golden Gate Par~wa¥ Naples, Florida 33942-3206 Prope~y appraiser's parcel identification number: 00167760005 00239720009 Grant-/'s tax identifi- caticn number (~TIN~): Application pending for TIN. Il i i l il I ! i i I. DCED made this January 10, 1992, By Marguerite R. Collier, an unmarried woman, (hereinafter called the Grantor), whose post offi,;e address is Suite 200, 2600 Golden Gate Parkway, Naples, Florida 33942-3206. To G-4 Partnership, a Florida general partnership, (~ereinafter called the Grantee), whose poet office address is Suite 200, 2600 Golden Gate Parkway, Naples, Florida 3394.-~t06. WI TNES S F. TH : As a gift and for One Dollar whose receipt is h.~reby acknowledged, the Grantor hereby grants, transfers and conveys to the Grantee .:nd the Grantee's successors and assigns, all the Grantor's undivided one-half ownership in and to ~h. lands, lying and being in Collier County, State of Florida, described in Exhibits A and B hereof, TOGETHER with all improvements, tenements, nereditamente and appurtenances amd all rights, powers, privileges, titles, interes%e, estates, reversions, re~ain~A~rs, .a~e~untm, riparian arid llttoral rights thereto b:longing or in any wise pertaining, ! I. OEO ~1 4 1999 62'9 OPl ~l~:3 ....... ~nspect~on wou]d dimcloge, ~ncluding, w~thout seWe~, ~ ewer lines, telephone and ~er lines, borrow pits, Sa~d la~1 are ~o~ ~e home~=ead of anyone. delivered ~il di~ ~e day and year firlt a~ve mentioned. S~, sealed and delivered our presence: _ ~ ~a~ri~e R. Collie-- i ! 1679 OR BOOK 0014"4 STATE OF FLORIDA ) Tho foregoing instrument vas acknowledged before me this January 10, 1992, by Marguerite R. Collier, personally know~ to me. Notary Public !1 I I I V10-12085-001 deed 01/06/92 I I I I -3- DEC 1 4 1999 ,,,,. /~"_ II ! ! i ! ! ! ! ! ! ! ! I I I All of SecUon 27, Township 48 South, Ran;la 25 East, Collier County, Florida, lying South of State Road 846 and East of Frank Boulevard as described in Plat Book 13, Page 58, Public Records of Collier County, Florida, less those lands describsd in Official Records Book 1041. Page 1776, Official Records Book, 1048, Page 1796, Official Records Book 624, Page 1637, end Official n.~cords Book 650, Page 1080. AND Commence et the Southeast corner of Section 27, Township 48 South, Range 25 East, Collier County, Florida, thence run along the South section line of said Section 27, North 89'52'36' Wet~ a distance of 772.81 feet to the Easterly Right-of-Way llna of Frank Boulevard :~ shown on the Right-of-'Way plat for Frank Boulevard and recorded in Plat Book 13, Page 58, Public Records of Collier County, .F. Iori,d.a; thence along the Easterly Right-of-Way line of said Frank Boulevard North 5 55 57' West a distance of 3077.53 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continuing along said Easterly Right;of-Way line of F, ank Boulevard North 5'55'57' West a distance of 886.02 feet; thence leaving said Easterly Right-of-Way line North 89'28'0" Eesl a distance of 400.00 feet; thence South 5"55'57" East · distance of 886.02 feet; thence South 89'28'0' West · distance of 400.00 feet to the POINT OF BEGINNING. AND Commencing az the northeast section corner of Section 27, Township 48 Souti~, Range 25 East, Cuiller County, Florida; thence along the easterly section line of said Section 27, South 1'10'30" East 91.91 feet to a point on the scutherly right-of-. way of Immokalee Road. State Road S-846; thence along the said southerly right- of-way South 89'12'58" West 1.48 feet; thence continue along the southerly right- of-way of Immokalee Road North 89'49'40" West 1301.52 feet to the westerly right-of-way of proposed Goodlette-Frank Boulevard extension as recmded in Plat Book 13, page 58, Public Records of Collier County, Florida to the POINT OF BEGINNING of the parcel herein described; thence leaving said Immokalee Road right-of-way along the westerly right-of-way of said proposed Goodlette-Frank Doulevard, South 05'35'39" East 557.27 feet; thence leaving said right-of-way of said proposed Goodlette-Frank Boulevard, South 84'23'48" West feet along the northerly boundary of a parcel of land describ~: in OIficial Records Book 657, p~ge 844 Public Records of Collier County, Florida; thence along the westerly boundary of said parcel in Official Records Book 657, page 8~¢, South 05'35'09' East 500,00 feet to the southerly boundary o: said Parcel; thence along said southerly boundary North 84°23'48- East 423.92 feet to the westerly right-of-way of said proposed Goodlette-Frank Boulev~:d; · J~enca aion~ said westerly right-of-way South 05'35'39' East 587.62 feet; thence leaving said right-of-way South 89'19°47" West 485.28 feat to the easterly boundary of a 100 foot FP&L easement as recorded in Deed i 1679 OR BO01~ PAGE Book 30, Pege 27, Public Kecorda of Collier County, Floride; thenc~ along ~,eld easterly boundary ~! FP&L easement, North 05'36'12" West 1651.98 feet to the southerh/ right-Of-way of Immokalee Road; thenc~ along the ~aid southerly right-of-way of Immokalee Road. South 89'49'40" East 486.21 feat to the Point of B~ginni~g of th~ parcel herein descr}ed; bearings ere based on the southerly right-of-way "f Immokelee Road. being South 89'49'40' East. ! ! ! ! Comrn~nclng at ~e southeast 1/4 corner of Section 10. Township 49 South, Range 25 F,~st. Collier County, Florida; thence along the north-south secOon line of said Section 10, North 01'18'35' West 69.75 feet to · point on the southerly boundary of Pine P~dge Road and the POINT OF BEGINNING of the parcel herein described; thence along l~id ~outherly boundary South 89'07'52' West 9.57 feet to s point of cur~sture on tbs easterly right-of-way of Frank Boulevard, 100 foot right-of-way Is reco:ded in Plat Book 13, page 58, Public P,~corda of Collier County, Florida; thence e:ong the ·aid right-of-way 454.08 feet along the arc of a circular curve concave to the east, havinn, s redrus cf 5679.65 feet through s central angle of 04'34'51' and being st,',,tended by · chord which bear- North 04'48'48' East 453.96 feet; thence continue along the easterly right of said Freak Boulevard North 0T06'13' East 1884.61 fc~t: thence leaving said right-of-way North 89'29'57' East 676.4(, feet to s point on . boundary of · parcel of land described in Official Records Book 503. )4· 206; thence along the boundary of said described land South 6'24' East 2100.00 feet to s point on the boundary of a parcel of land described in Official Records BOok 1037, pages 1602-1605; thence along the boundary of said described lend South 89'29'57' West 190.00 feet; thence continua along said boundary South 0'46'24' East 232.40 feet to the northerly boundary of said Pine Ridge Road; thence along the northerly bounde:f of said Pine Ridge Road North 89'35'25' West 779.46 feet to the Point of Beginning of the parcel herein described; bearings are based on the northerly boundery of Pine Ridge Road (S.R 896} being North 99'35'25' West. CO~J E.~ COUNT'f. DEC ! 1999 GUY L. CARLTON, C. F. C. qq-o ;9 COLLIER COUNTY TAX COLLECTOR COURTHOUSE COIdPLEX - BUILDING C-1 N;~LES, FLORIDA 34112-4997 ~ILL CODE 133 ESCROW CODE 0000 ETA~ G4 PARTNERSHIP 2600 GOLDEN GATE Park Way Suite 200 HAOLES FL 341053227 TI~E: Friday, Hatch 26, 1999 02:56 FAX: 9415971060 NU~BER OF PAGES (INCLUDING THIS PAGE) 1998 COLLIER COUNTE DISCOUNT EARNED AMOUNT DUE VALUE ASSESSED 4,079,2§0 ~STD NOT 4% 57229.99 57826.13 58~J22.28 AUT:J(0R1'TY AMOUNT AD VALOREM TAXES TAXABLE 4,079,2~0 PROPERTY ID# [CE 0E AD VALOR~ TAXES AND NOH-AD VALOREM ASSESSMENTS IN NOV 3% IN DEC 2% IN JAN 1% IN FEB 0% IN NAR 59018.42 5961a.S7 COU~TY 1~653.89 SCHDOL-STATE 24083.89 SCHDOL-LOCAL 10630.53 CIT'~ .00 DEPENDENT 2875.87 WAT ER HOT. 2292.54 INDEP . SPECIAl. 4875.93 VOTER APPR. DEBT 201.92 NON-AD VALOREM ASSESSMENTS C0~BINED TOTAL 59614.57 001 $80~0106 LEC~L.L DISC. 27 48 25 THAT PORTIOM L~"ING $ OF ]~fOJ(ILF, E RD A J rD ELy 0F6,00DLETTEFRAHKRD~Ef LOCATION: MA 000100 PAID - 11/30/98 57229.99 REC# 43090 9 DEC i 4 1999 DEC 1 ~ 1999 jl CS- ........ DEC 1 ~ 19995 T~SHA O. ~:{UI~ORD E~AHIEL H. COX C LAURENCE ~EESE~ GEORGE L. VA~NADOE ~0~ C. YOUNG 'DAVID ~. E~WIN Jo~. H. Boldt, P.S.M., PE., Director Collier County Stom~water Management 3301 East T~imi Trail Naples, FL 34112 YOUNG, VAN ASSENDE1;IP ~c VARNADOE, P. A. ATTORNEYS AT ~W ~EPLY To: Naples February 4, 1999 99 FE2 -5 P,'! 2:29 ~At. LIE'S HALL ~5 SOUTH ADAMS ST~[ET, SUITE ~00 DOST 0frlCE BOX 1833 --ALLA~AS~EE, FLORIDA 3~30~' i833 TELEPHONE ~850) E2~-7~OG TeLECOmE~ {850} 5G1-~834 SuNTrust ~UILDING 801 ~UR~L OAK DRIVE, Suite 300 DOST OFFICE BOX 7907 ~AP~ES, DUORIDA 34101-7907 TELEPHONE 1941) S97-~814 TELECO~E~ ID4 t ) 597 - lOGO RE: Request for Letter of No Objection to Petition to Vacate a Drainage Easement, located in Township 48 South, Range 25 East, Section 27, Collier County, Florida, and Grant of Replacement Easement. Dear Mr. Boldt: '"-~lr firm represents the Barron Collier Partnership, the owner of Creekside Commerce Park (the "Property"). The rtnership's predecessor in title, Collier Development Corporation, granted a drainage easement to the County per the Grant of Easement recorded in Official Records Book 805 at Page 755 of the Public Records of Collier County. Some of the Partnership's land not subject to the Grant of Easement is being used by the County for the purposes provided for in the Grant of Easement. The Partnership would like to relocate a portion of the easement in order to more fully develop its property.. The Partnership is willing to expand the easement to accommodate the County's need for a larger drainage facility, in exchang,: for the Cour,~y allowing the Partnership to relocate the easement, and plans to petition the County to vacate the existing easement in exchange for a new, larger easement. The County has requested that the Partnership obtain a letter of no objection from you to be included with its petition. I have attached a legal description of the existing and proposed easements, along with a sketch. Please provide the letter of no objection to us before February 25. 1999. If you have any questions, feel free to call myself or my associate Dan Cax. Thank you far >'our prompt attention ro this matter. Sincerelv, David P. Hopstettet Enclosures as stated F:\USER~DAi',,Rdavid\cre~:ksid~ ~ parkNNOOBJECT.FRM ~ve no objection to the proposed vacation and grant of replacement easement. John ~1. Boldt, P.S.M., P.E., Director DEC 1 4 199§ ~, B~UCE A~NDF'RSON T~SH~ O. Buro~D DANI£L H. Cox ~oY C. YOUNG -D~w~ B E~wm Ed Karo, P.E., Director Tra~po~ation Depament 3301 East Tamiami Trail Naples, FL 34104 YOUNG, VAN ASSENDERP ~ X,*A. RN'ADOE, P. A. ATTORNEYS AT ~,W ~EmL¥ TO: Naples ebru=sr 4, 1999 GALLIE'$ HALL 225 SOUTH ADAMS STI~IF[rT. SUITE 200 POST Ore,CE BOX ~B33 TAL~HAS~EE, FLORIDA 32302- 1833 TELE~MONE ~850) TELECOmI~m (850) 561-6834 Su NT~usT BUILDING 80r ~U~[L O~K gmv[, SU~T[ 300 POST O~riC[ BOX 7~O7 N&mLES, FCOR~DA 3410t-7907 TELEPHON~ (~4l) RE: Request for Letter of No Objection to Petition to Vacate a Drainage Easement, located in Township 48 South, Range 25 East, Section 27, Collier County, Florida, and Grant of Replacement Easement. Dear Mr. Kant: Our firm represents the Barron Collier Partnership, the owner of Creekside Commerce Park (the "Property"). T Partnership's predecessor in title, Collier Development Corporation, granted a drainage easement to thc County per Grant of Easement recorded in Official Records Book 805 at Page 755 of the Public Records of Collier County. Some o! the Partnership's land not subject to the Grant of Easement is being used by the County for the purposes provided for in the Grant of Easement. The Partnership would like to relocate a portion of the easement in order to more fully develop its property. The Partnership is willing to expand the easement to accommodate the County's need for a larger drainage facility, in exchange for the County allowing the Partnership to relocate the easement, and plans to petition the County to vacate the existing easement in exchange for a new, larger easement. The County has requested that the Partnership obtain a letter of no objection from you to be included with its petition. I have attached a legal description of the existing and proposed easements, along with a sketch. Please provide the letter cfi no objection to us before February 25, 1999. If you have any qnestions, feel free to call myself or my associate Dan Cox. Thank you for your prompt attention to this matter. Sincerely, Enclosures as stated ~t/  ion Ed'I~ant, ~'~or and grant of replacement easement. F:\USE. R~DAN~david\cr~kaide c~mmet~ p?/~. OOB/ECT.FRM YouNG, VAN .~SSENDERP ~ '~'rARNADOE, ATTORNEYS AT L.AW T~SH~ O. BuroRo DANIEL H. COX GEORGE L. ~ARN~DOE 'EB i] 1999 REPLY To: Naples February 4, 1999 'D,,~wo EL m~Wl~ Or COU~S£L John R. Hculdsx,.'o.~h. Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 341~ P.A, GALUE'S POST OFFICE BOX 1833 TA-LAHASSEE, FLOmOA 32302-~833 TELEPHONE 1850) TEL[C0m[R (850) 561-6834 SuNTRusT BUILDING 801 ~UR[L 0A~ Drove, Su~E 3~ POST 0rr~C[ Box 7907 NAPLES, FLORIDA 34101-7907 TELEPHONE 1941) 597-E814 TELECOmER 19411 597- RE: Request for Letter of No Objection to Petition to Vacate a Drainage Easement, located in Township 48 South, Range 25 East, Section 27, Collier County, Florida, and Grant of Replacement Easement. Dear Mr. Houldsworth: -'%r firm represents the Barron Collier Partnership, the owner of Creekside Commerce Park (the "Property"). The tnership's predecessor in title, Collier Development Corporation, granted a drainage easement to the County per the ,.,rant of Easement recorded in Official Records Book 805 at Page 755 of the Public Records of Collier County. Some of the Partnership's land not subject to the Grant of Easement is being used by the County for the purposes provided for in the Grant of Easement. The Partnership would like to relocate a portion of the easement in order to more fully develop its property. The Partnership is willing to expand the easement to accommodate the County's need for a larger drainage facility, ix exchange for ,l,,e CounD' allo,xing :he Pannership to relocate the easement, and plans to petition the County to vacate the existing easement in exchange for a new, larger easement. The County has requested that the Partnership obtain a letter of no objection from you to be included with its petition. I have attached a legal des~.ription of the existing and proposed easements, along with a sketch. Please provide the letter c,f no obj~,.~'""'~.~.n to us before February. 25, 1_ 990.. If you have any auestions.. . feel free to call myself or my associate Dan Cox. Thank you for your prompt attention to this matter. Sincerely, David Ir'. tlopstett~r Enclosures as stated AGEN I DEC 1 4 La93 F:\USE]LSkDAIq~Ia~' commerce xve no objection to the proposed vacation and grant of replacement easement. Jo~ R. Ho.--.~--or F ECE VED 0 5 i999 XECUTIVE , : ....... AWARD BID NO. 99-2997 "ROLL-OFF CONTAINER REFUSE COLLECTION TRUCK" TO HEINTZELMAN'S TRUCK CENTER, 1NC. OBJECTIVE: That the Board of County Commissioners award Bid No. 99-2997 for a Roll-Off Clmtainer ~ Collection Truck to Heintzelman's Track Center, Inc. CONSIDERATIONS: 1. The mil-off container truck operating at Naples Transfer Station, a 1988 model, was budgeted for replacement in FY2000. 2. Bid #99-2997 was posted on October 13, 1999. Twenty-seven (27) inquiries were sent and ~en {t0) bids ~,~re r~,eive.~ and opened on October 29, 1999. 3. Three (3) of the ten (10) bids did not include quotations on a hoist and tarp system as requested in the specifications. Heintzelman's Truck Center, Inc. as the lowest qualified and responsive bidder, in the amount ot'$1t4,735.00. FISCAL IMPACT: Funds are currently budgeted in the Solid Waste Fund for lhe purchase of the mll-offcon~ner refiJse c, ollecfion track in the amotmt of $84,735~00~ GROWTH MANAGEMENT IMPACT: None RECOMMENDAWION: It is recommended that the Board of County Commissioners approve the award of.ltid 99-2997 %Roll-Off Container ~ Collection _TmcAd' W l-lei~,$ Thick Center, Inc. in the amount of $84,735.00. APPROVED BY: Ed Ilschner, Public Works Administrator DATE: DATE: ~'////F,//? 7 Attachment: Bid Tabulation Sheet DEC i I999 ~,G. ! I 1~I I -'I~1 t !I I ~t I t .;-; U ~ [-0 1999 E-X:E, CUTIV E SUMMARY PRESENT THE RESULTS OF STAFF AND CONSULTANT INVESTIGATIONS INTO THE EXTENSION OF PIPER BOULEVARD EASTERLY TO STRAND BOULEVARD. OBJECTIVE: To provide the Board of County Commissioners and the. public with the results of staff and consultant research and studies regarding a proposal to extend Piper Boulevard easterly from its present terminus at Livingston Road to intersect with Strand Boulevard. CONSIDERATIONS: Over the pa.st year there have been several .inquiries to both the Board and staff with respect to the feasibility of extending Piper Boulevard from its present eastern terminus at Livingston Road easterly to connect to Strand Boulevard. There is a shopping center on Strand Boulevard and the inmrsection of Strand Boulevard and Immokalee Road is presently unsignalized; however, a signal is warranted at this location and has been designed. A multi-party Agreernent is presently being developed for cost-sharing of the design and installation of that signal. As a result of the aforementioned inquiries, staff initiated a research effort to determine the availability of right-of-way between Livingston Road and Strand Boulevard for such an extension of Piper Boulevard. Attached is a {;ketch depicting staff's findings (Attachment No. i). That ~;ketch indicates that, while there is a potential right-of-way along the frontage of the Carlton Lakes project, there is a 20' Landscape Buffer platted in the Strand project. This landscape buffer effectively precludes the Piper Boulevard extension from occurring. Staff engaged a consultant (Kimley-Horn ~and Associates, Inc. [KHA]) to examine xlternatives for additional Iraffic controls ~along the Piper Boulevard/Immokalee Road paired roadway system and to verify the feasibility of extending Piper Boulevard to Strand Boulevard. Attachment No. 2 is the Executive Summary from the KHA Study. KHA concluded that neither the addition of "paired" traffic signals along the corridor nor the extension of Piper Boulevard would significantly affect the existing or future Level of Service along Immokalee Road. The entire Study is available; however, it is somewhat voluminous due to the amount of data required for the analysis. Since the staff and KHA analysis was performed, the Carlton Lakes developer has initiated a ~'ezoning to accommodate a major supermarket in the "7-acre Commercial tract" depicted on A~lachmen! No. j. This new facility will ,~s.qi.st in providing another alternative for reaidents desiring to shop~ocaqiy.-i~ne efiects of this acidecl attractor trove not been factored into either staff's analysis or~That of aa,_,-,. Based on the results of the foregoing analyses, staff recommends that no extraordinary traffic control measures be undertaken in this corridor. Further staff is of the opinion that the potential for a successful eminent domain action to cross the Landscape Buffer in the Strand plat is unlikely. Therefore, staff recommends that, in lieu of a vehicular roadway, a pedestrian/bicycle pathway be developed along the Carlton Lakes frontage and that a connection of that pathway be pursued across the Strand Landscape Buffer. _nEC 1999 ....G. ,,. I Executive SUmmary Report to the Board on Piper Boulevard Extension Page 2 of 2 FISCAL IMPACT: None at this time. If staff is directed to pursue the pathway and connection, it will be recommended along with other capital projects in the next budget cycle and will compete with other priorities. GROWTH MANAGEMENT IMPA~gT: None RECOMMENDATION: That the Board accept the staff and consultant report; staff be directed to pursue an easement or fee title across the Strand Landscape Buffer for a pathway connection, and; staff be directed to devetop a capital project plan for a pathway along the Carlton Lakes frontage for inclusion in FY 2001 Capital Projects List of Potential Projects. Edward J. Kant, P.E. ,"T~jzfi~s~ortati on Services Director Ed llschner, Public Works Administrator Attachments: No. 1 - Area Sketch No. 2 - Executive Summary of KHA Report DEC 1 4 1~ I PG.,,..'~_ :~ _ ! IPAGE: / 01~_ "-:= 1999 Klmley-Hom and Assocmtes, Inc. Transportation Feasibility Stud.,,' EXECUTIVE SUMMARY The feasibility of extending Piper Boulevard from Livingston Road to Strand Boulevard was evaluated. The transportation alternatives for intersection control along Piper Boulevard from Livingston Road to Strand Boulevard were also evaluated. If constructed, the Piper Boulevard extension would provide access between the residential communities located to the north of In~anokalee Road and to the west of Strand Boulevard and the existing shopping center located on Strand ,a~,,,~ ..... Strand Boulevard. This analysis compared the exisling traffic conditions with a highest volume scenario where all of the traffic to and from the residential neighborhoods that abut Piper Boulevard was assigned to Piper. This produced the maximum use of Piper Boulevard and thc .maxirnum diversion from Immokalee Road. The need for famre signalization of these Piper Boulevard intersections was also analyzed. Existing traffic conditions were analyzed at each of the study intersections with and without the extension of Piper Boulevard. Based upon the highway capacity analyses performed at the 11 study intersections for these two conditions, minimal differences are expected to occur to the traffic performance characteristics at these intersections with the construction of a Piper Boulevard extension. The extension of Piper Boulevard to the Pelican Strand Shopping Center wilt not significantly impact the-traffic crmditions on tmmokalee Road. Therefore, !he extension of PJp~ Bou!ev~rd to S~and Ben!ev~-rd ~ net ?~eom. v,_ended. Implementation of "paired" signals along Piper Boulevard and Immokalee Road is not needed or recommended since the expected traffic demand on Piper Boulevard does not justify installation of traffic signals. H:\048651002\Report\Piper Blvd Report.doc jm Page - 1 I Septem[ PAGE / __OF=, / .'.e. l& 1999 ' - DEC 1 EXECUTIVE SUMMARY APPROVE A RESOLUTION REQUIRING FULL-WIDTH OVERLAYS FOR NEW TUIEN LANE CONSTRUCTION OBJECTIVE: To request that the Board of County Commissioners adopt a Resolution that requires a full-width overlay of any two-lane roadway where a turn lane(s) is being added. CONSIDERATIONS: During the past several ),ears the Transportation Services Department has observed that in cases where a pavement overlay for lhe full width of the roadway rather than just within the work area has been required, the riding qualities and the maintenance effort have improved. In those geographic areas where a turn lane is merely "tacked" on to the edge of the existing pavement and the existing pavement marking are either painted over or ground off, there has been a marked decline in the quality, appearance and overall maintenance issues. Of special concern has been pavement edge drop-off. This problem is especially important on two-lane roadways. The Transportation Services Department believes that a full-width overlay in such cases is in the Resolution (Attachment No. t) requiring such fulbwidth overlays. FISCAL IMPACT: Adoption of the attached Resolution will not result in any additional outlay of funds by the Transportation Services Department. The longer term effect of enacting this Resolution should result in a more efficient use of existing budgeted maintenance funds. GROWTH MANAGEMENT IMPACT: None RECO1VI1VIENDATION: That the Board adopt the attached Resolution; authorize the Chairwoman to sign it; and, authorize staff to implement the Board's direchon hereafter when reviewing plans for work within the Right-of-way Permits or Connection Permits. PREPARED BY: DATE://_./~7./ / ~· ices~ Director REVIEWED BY: ~ ~? ~02. DATE: //'-Z.~-~ REVIEWED BY: 6~-'~ ' DATE: //- ~ ? ' V ~-/ Vincent A. Cautero, AICP, Community Development Administrator APPROVED BY~~~ DATE:/,/<,--2. z~--~'~ Ed Ilschne'~,~ublic Works Administrator Attachments: No. 1 - Proposed Resolution DEC 1 t+ 1999 I 1 6 7 $ 9 IO I1 12 13 14 16 17 18 20 22 2~ 24 26 27 29 3o 31 32 36 ~7 39 4o 41 47 49 51 52 56 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, REQUIRING FULL-WIDTH SURFACE OVERLAY FOR ALL NEW TURN LANE CONSTRUCTION ON COUNTY PUBLCI AND PRIVATE ROADWAYS. WHEREAS, Collier County Ordinance No. 93-64 sets forth the requirements for work within the road rights-of-way of Collier Couuty; and ~,VltEREAS, S~tion III Of Ordinance No. 94-64 requires that turn lanes be provided along certain County roadways under specified circumstances; and WHEREAS, provision of said turn lanes is necessary to assure both the safety and capacity of each such affected roadway; and WHEREAS, engineering review performed by the County's Transportation Se.wices Depm'~ment h~ dete .rm. ined t_hat ~he find paved s,~face must be placed over the entire full width of the affected section of roadway to assure minimization of long-term maintenm~ce costs mad safe operation &the section &roadway. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: A full-width overlay of all roadways that have new turn lanes added shall be required from the point of beginning of the end taper from one end of the roadway section to the other. Each such overlay must have a minimum thickness of one inch and must be tapered at each end so as to form a smooth riding surface. The Transportation Services Department is hereby authorized to review all plans for such turn lanes and provide reply comments to the respective applicant(s). Permits for such construction are to be issued by the Engineering Review Section &the Planning Services Department of the Community Development Division. These provisions should be proposed to be inserted into Ordinance No. 96-84 the next time that Ordinance is amended. This RESOLUTION adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk PAMELA S. MAC'KIE, Uhmrwoman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney A'FI'ACHMENI' NO, / ~] PAGE / OF. /' DEC 1 1999 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KISSINGER CAMPO, WILSONMILLER, INC., LAW GIBB GROUP, INC., HOLE, MONTES AND ASSOCIATES, INC. AND JOHNSON ENGINEERING, INC. FOR THE FIXED TERM CONSTRUCTION ENGINEERING INSPECTION SERVICES (RFP ~)9-2960). OBJ-ECITVE: That th~ Board of County Commissioners, approve a ncgotiateA Professional Services Agreement with Kissingg Campo, WilsonMiller, Inc., Law Gibb Group, Inc., Hole, Montes and Associates, Inc. and Johnson Engineering, Inc., to perform construction engineering inspection services pursuant to RFP 99-2960. CONSIDERATION: On October 12, 1999 as Agenda Item 16(B)(2), the ~Board approved thc selection of Kissinger Campo, WilsonMiller, Inc., Law Gibb Group, Inc., Hole, Montes and Associates, Inc. and Johnson Engineering, inc. for providing construction engineering inspection services on an as needed basis and authorized staff to ncgotiatc a professional services agreement. Staffhas negofiat~i ~e f~es wkh the consuimms Kissingcr Campo, WiisonMiiier, inc., Law Gibb Group, Inc., Hole Montes and Associates, Inc. and }Ohnson Engineering, Inc. FISCAL IMPACT: Funding for construction engineering inspection services shall be provided .~'~'by each user division, and contracted by a work order and purchase order funded by the using zgency. GROWTH MANAGEMENT iMPACT: This action will continue to improve staff ability to implement thc Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners, approve the Fixed Term Construction Engineering lnspe~on Services Agrgement with Kissingm' C~mpo, WilsonMiller, Inc., Law Gibb Group, Inc., Hole Montes and Associates, Inc. and Johnson Engineering, Inc. RFP 99-2960 and authorize the Chairwoman to execute the Agreement, after review by the County Attorney and Risk Management Department. ~ly C'. Adarmes Minor, P.E., Senior Project Manager Public Works Engineering Department r7 . ~ ......... :i P~ ~hlic Works.EngineeringD~rlment REVIEWED BY: ~ ~ Sl6~ve Camet~, DirectOr ' t Purchasing Department APPROVED B~~~~~t~( / ~ II~fmer,~inistra~r - Public Works Division DEC 1999 I ,G:. t I EXECUTIVE ~SUMMA:RY ACCEPT AN EASEMENT FOR A TRAFFIC SIGNAL PARTNERSHIP, A FLORIDA PARTNERSHIP POLE FROM Rd2 .O.,~AD_T.[.V~ Accept an-Easement from Rd2 Partnership, a Florida Partnership for a traffic signal pole to serve the North Naples Fire Station located on lmmokalee Road near Veterans Park. CONSIDERATION: An easement is required from Rd2 Partnership, a Florida Partnership, for installation and maintenance of a traffic signal pole for-the North Naples Fire Station located on immokaiee Road near the Veterans Park site. The proposed traffic s~nal pole will be located a few feet outside the right-of-way in order to avoid conflict with existing Sprint underground facilities. To avoid a conflict, Sprint has agreed to pay for al! costs associated with the ~.,asement. The Transportation Services Department has approved the location. The property owner, Rd2 Partnership, a Florida Partnership, has requested ~ompensation in~the~mount of $500.00 for a five foot by five foot (5' x 5') easement for a traffic signal pole. Sprint shall reimburse-the County for all costs that the County will incur with the conveyance of this easement, to include the cost of the easement ($500.00), title commitment ($175.00), and all recording costs (estimated not to exceed $25.00). Prior to recordation, to ensure that Collier County's interests are protected, all documents will be reviewed and approved by the County Attorney's Office, the Transportation Services Department and the Public Works Division. FISCAL IMPACT: Att costs shall be initially withdrawn from Real Property Administration to be fully reimbursed by Sprint. ¢, check ,in the amount of ~TD0.00 _made .payable Jo .the ~o.ard of County Commissioners has already been received from Sprint. GROWTH MANAGEMENT: None i DEC 1 I Executive Summary Page 2 ~I~OI~IMENDA'I'ION: That the 'Board of County Commissioners: (1) Approve and accept the Easement to be granted by Rd2 Partnership, a Florida Partnership, and any other easements that may be required once received and approved by the County Attorney's Office and the Transportation Department; (2) Approve compensation to Rd2 Partnership, a Florida Partnership, in the amount of $500.00 ($500.00 less the cost of documentary stamps), and hereby waive the requirements for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; (3) Authorize the Chairwoman to execute any documents related to this project (including an Easement Agreement) in order to accept and clear ,~,~ ,.. ~..~ ~...~ E~aseme~t; (4) Authorize staff to prepare related vouchers and Warrants for payment; (5) Authorize staff to proceed with the related real estate closing transactions and authorize the Real Property Management Department to 'record with -'_the Clerk -to Courts, the .easements .and ~appropriate documents .to clear title in the Public Records of Collier County, Florida; and (6) Authorize staff to deposit the reimbursement funds from Sprint in the amount of $700.00 to the appropriate County fund, and approve -any and all budget amendments that may be necessary to do so. Cindy M.C~rb, Real Prope~ Sp~ist !1 Real ~pe~ ~anage~nt ~pa~ment Ed Ilschn~r; Administrator / Public Work Division EXECUTIVE SUMMARY APPROVE A CHANGE ORDER FOR WORK ORDER #TS-BL-9908 BOTNER LAND DESIGN, INC. FOR THE BAYSHORE BEAUTIFICATION MSTU LANDSCAPING OBJECTIVE: To obtain authorization to assign Change Order #3 for Work Order #TS-BL-9908 to Botner Land Design, Inc. in the amount of $18,903.00 for additional services for driveway designs, Lighting Design and EntD.' Feature Structural Design. CONSIDERATIONS: In January 1999, the Bayshore Beautification Advisory Committee selected Botner Land Design, Inc. to design landscape improvements on Bayshore Drive beCveen US 41 and Thomasson Drive. Botner Land Design began preliminary design of this prOject in February 1999, and completed a Master Plan of the project in May 1999. Botner Land Design is in progress with the Design Development and Construction Document phase of this project, which is expected to be completed by December 1999. Total fees for this Work Order were $72,270. However, during this phase additional services have been required that were not anticipated in the proposal of the original Work Order. In accordance with Collier County Purchasing Policy, the Board of County Commissioners must give authorization for any work order exceeding 10% of the original Work Order. FISCAL IMPACT: All tasks included in Change Order #3 for Work Order #TS-BL-9908 will be funded by the Bayshore Beautification MSTU. As outlined in the attached "Work Authorization" provided by Botner Land Design, Inc., total additional fees for this work are $18,903.00. There is a $57,500 balance in the current Engineering Fee budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the Transportation Services Director to execute a Change Order for Work Order #TS-BL-9908, and authorize all necessary budget amendments required to complete this phase of design PREPARED BY: ' '~aniel A. DeCesare, E~ngineer II REVIEWED BY: ,,~~./'~ 'Qz~f? , ~ ;9y ~ t/ ,-~ Carnal, ,urcha g. ~VIEWED ~VIEWED BY: ~ _ Ed llsc~er, Public Works AdminJs~ator DATE: DATE: DATE: DEC 1 ~ 1999 ~, I SUPPLEMENTAL AGREEMENT #3 to Work Order TS-BL-9908 (Fixed-Term Professional Landscape Architectural Services: RFP 98-2777) dated July 28, 1998 This Supplemental Agreement is 'for professional landscape architectural services for work known as: Bayshore Property Owners Consultation Services, Bayshore Drive Electrical & Lighting Design and The Bayhore Entry Feature Structural Design, The work is specified in the proposal dated November 29, 1999, which is attached hereto and made a part of this Supplemental Agreement. In accordance with the 7erms and Condilions of ;h, RFP #08-277'~, this Supplemental Agreement is attached to Work Order # TS-BL-9908_, which is assigned to Bother Land Design, Inc. .S_co_pe of Worki As detailed in the attached proposal dated November 29, 1999. Schedule of Work: Complete work within 30 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 or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task Driveway Design t Icctrical & Lighting Design Entry [cature Structural Design Total for th~s Suppleme~tal .4greement Original I4~ork Order Amount New [Vork Order Amottnt /]mottltt $11,753.00 $6,4O0.00 $750 00 $18,903.00 $72,270.00 $100,433.00 Time & Materials Time & Materials Time & Materials --Not to exceed without written attthorization Any change within monetary authority of this Supplemental Agreement made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: ~--~._~ ~.~_~' //,,/~,~ ~} ~ Daniel A. D~s~e~3~er II Date Ed~ a~.z~:m~, P.E. Transport~/~ervices Director ACCEPTED BY: Bother Land Design, Inc. G~org~ Bother, ~SLA · -Typ~ or Print Name and~ Title VIA FAX MEMORANDUM Date: November 29, 1999 To: Dan DeCesare, Engineer II Collier County Transportation Dept. From: George Bother ASLA Re: Bayshore Drive Landscape/Additional Services BOTNER DESIGN ]n¢orpo, oted Dear Mr. DeCesare: DRIVEWAY DESIGNS As you are aware, the Bayshore Drive landscape site contains numerous private driveways which were grandfathered in as part of the Kelly Road widening to form Bayshore Drive during the mid 1980s. Many of these are being reconfigured to provide new site area for landscape along Bayshore roadsides. We have been attempting to cover this work under our service item Construction Documents in P.O. #TS-BL 9907. This work has required far more work than anticipated and in fact was never originally budgeted as part of our normal landscape design services and corresponding fees. This work has also required adjacent property parking lot conceptual design to aid in driveway design decision making. Tlae purpose of this memo is to request a fee adjustment to accommodate driveway design and adjacent property design work, most of which has already been done and incorporated into our Location and Dimension Plans, a series of drawings which are a part of the Bayshore Construction Plans. The adjustment of fees shown on the following page includes our time and a reimbursable fee amount for our civil engineers, RWA, Inc., who are providing civil engineering overview and curb and driveway detailing. ENTRY FEATURF STRUCTURAL ENGINEERING We require structural engineering services for the Entry Feature. PROJECT ELECTRIAL ENGINEERING SERVICES We require electrical engineering services for the Entry Feature, Pavilions, sidewalk lighting, irrigation and sculpture pedestals. PLANNING & LANDSCAPE ARC SUITE 172 COLLIER BUSINESS PLAZA 3050 N. HORSESHOE DRIVE NAPLES FLOPdDA 34104 941.649.4476 FAX q41.649.7627 / DEC i 1999 Bayshore Drive Landscape Memo November 29, 1999 Page 2 FEE SCHEDULE Xo Driveway Design A. Preliminary Design Principal Associate 20 hours ~ $105 40 hours ~ $ 55 Bo Final Design Principal Associate 20 hours ~ $105 40 hours ~ $ 55 Co Cost Estimate Principal Clerical 5 hours ~ $105 4 hours ~ $ 30 Sub Total D. Civil Engineering Consultant Lump Sum II. Entry Feature Structural Engineering (see attached proposal: LCM Engineering, Inc.) III. Project Electrical Engineering (see attached proposal: Pelican Engineering, Inc.) TOTAL THIS W.O. REQUEST Respectfully submitted; BOTNER LAND DESIGN, INC. George Botner ASLA President, LC 0000360 $ 2,100.00 $ 2,200.00 $ 2,100.00 $ 2,200.00 $ 525.00 $ 120.00 $ 9,253.00 $ 2,500.00 $ 750.00 $ 6,400.00 $18,903.00 CASE Document 1-1996 LCM £ngineering, Inc. 5389 ~4arina Drive sokeelia, Flor ida 33922-3027 PrOject No.: 99088 P;'OJectName Oayshor'e Location: h;aples, FL Scope of Services: The Ter~ms and Coo_cJition~ on Page -2' of this form are part of this agreement. BOther C Retainer Amour. t: NON E Special Conditions: ,~C:N E ~,\~ the t~e arral~geme,: ,: '., i>e on on houri)' basis, the ra~es shall be as follow~ (subject to periodic Principals: $75.00 / Hr Technicians: Engineers: $65.00 / Hr Clef'leah Structural Engincc,' ( .~i.i): Client: Botner Land oesign ~050 N. Horseshoe Suite 172 Naples, FL 34~72 Date: November 24, 199 Entry Sign Oesign structura] system for Bayshore Entr) structure as shown on Botner drawing.i/1 p~ on 11/24/99. L¢~ anticipates preparqn0 om drawing. 80% compqete on 11/30/99. Final FeeArrangcn~cn:' .:ixed fee of $750.00 ~e , Si gn 'ovided to LCM 24"x36" schedule TIID. v,ew)' (Printed Name) Accepted by (CI)ent): (Signature) ~ $55,00 / Hr $30.00 / Hr I Services An Agreement for the Provision of Limited Professiom Prepared by the Council of American Structural Engnneers 10: ~$ 941649?62? II)I~LICAN BOTNER LAND DESIGN E:NG)INIClI:RIN6 C:ONSUI.TANTB, INC. 5811 P[IJCAN BAY BLVD.)SU~J'E $0lj NAPLES, FLORID& I~HONE', (~41) ~7-7~44 F~: ~9~1) November 29 1999 Mr. Geo~e Bother Bother Lind Delign, Incorpomtecl ColliCw Business P~eza, Suite 172 3050 N, Horseshoe Drive Naples, Flor.3a 34102 RE: Bayehom Drive Electrical & Lighting Wol~ Dear George Confirming our coaver~tion this morning, we offer to provide llgh~g de electric, al en~in~erir~ for your BayehOm Drive project, aa we dia..ua.se meeting In your office anti as ncl~atecl on yeur plans, for a 10tel proje~ T~,490 we look fotwar~ lo working with yOU on this project. Cordiatty yours Arthur F~ Schoenfuss AFS/Wk Jgn in our pnoe ~ PAGE 82 DEC 1 1999 A. Date: November 29, 1999 B.Vendor: Botner Land Design C. PO No. 916588 D. Dept.: Bayshore MSTU E. Cost Center: 162518 F. Bid No. 98-2777 G.Change Order Number: 3 Section H Type of Change A. Increase: [] B. Decrease: [] C. Closeout: [] D. Quantity: [] E. Other: Description of Change/Amount Amount of Increase: $18,903.00 Amount of Decrease: $ Amount to be closed out: $ F. Budget Account ii Reason for Change: Increase for Driveway Design Services, Bayshore Drive Electrical & Lighting Design and Entry Feature Structural Design for the Bayshore MSTU Streetscape Design JSection HIA Section IliA MUST BE COMPLETED FUND COST CENTER OBJECT CODE PROJECT 160 162518 631403 JSecfionlIIB LINE DESCRIPTION QTY. UNIT PRIC UM AMOUNT 1 Driveway Design Services 1 $11,753.00 ea. $11,753.00 2 Electrical and Lighting Desig-n 1 $6,400.00 ea. $6,400.00 3 Entry Feature Sn-ucmral Design 1 $750.00 i ca.I $750.00 TOTALI I $18,903.00 JSection IV. SECTION IV MUST BE COMPLETED J A. Original PO Amount J B. Current PO Amount J C. New PO Amount $72,270.00 I $81,530.00 [ $100,433.00 D. % this Change j E. Cumulative % of all Change order 23.2% J 39.0% F. Date of Change Order Approval (if applicable) Board Approval Date Agenda Item Number: [ Section V. SIGNATURE.AUTHORITY (PER VTX UAS MANUAL) J / I TELEPHONE NTUMBER REQUESJ. I~/B Y/'~ 'D'~TP T~P~.RQ~yAL (SI], '7 DIVISION ADMIN. APPROVAL (SIGNATURE) DEC 1 1999 COLLIER COUNTY TRANSPORTATION SERVICES DIVISION CONTRACT CHANGE ORDER Bayshore MSTU PROJECT NAME/DESCRIPTION Botner Land Design CONTRACTOR/VENDOR 00000 PROJECT NO. 3 CHANGE ORDER NO. 98-2777 BID NO. DESCRIPTION/JUSTIFICATION (SEE SHEET 2 OF 2) CHANGES IN QUANTITIES/PAY ITEM ITEM DESCRIPTION U-NIT (SEE SHEET 2 OF 2) CHANGES PRICE UNIT QUANTITY AMOUNT NET PRICE ADJUSTMENT INCREASE [5~DECREASE [] NO CHARGE [] AMOUNT IN WORDS: Eighteen Thousand Nine Hundred and Three Dollars and 00/100 $18,903.00 TO BE NEGOTIATED [] DIRECTED CHANGE [] FORCE ACCOUNT [] TIME ADJUSTMENT INCREASE [] DECREASE [] NO CHANGE [] NO. DAYS ADJUSTED REVISED CONTRACT COMPLETION DATE APPROVALS: S/ COUNTY MANAGER S/ PURC HA Sfl.~(3,,~, I P~T.,~ CONTRACT ADMINISTRATOR S/ DIRECTOR CO~TRA~T~I',/DOR SECRETARY U s/ (SEAL) (SEAL) (SEAL) (SEAL) SURETY $18,903.00 VALUE THIS CHANGE ORDER $72,270.00 ORIGINAL CONTRACT AMOUNT $81,530.00 $100,433.00 CURRENT CONTRACT AMOUNT REVISED CONTRACT 23.2% 39.0% % THIS C.O. CUMULATIVE % ALL C.O.'s DEC 1 1999 SHEET 1 of 1 COLLIER COUNTY TRANSPORTATION SERVICES DIVISION CONTRACT CHANGE ORDER CONTINUATION SHEET Bayshore MSTU 00000 98-2777 PROJECT NAME/DESCRIPTION PROJECT NO. BID NO. Botner Land Design- CONTRACTOR Three CHANGE ORDER NO. DESCRIPTION/JUSTIFICATION: Increase for Driveway Design Services, Electrical and Lighting Design and Entry Feature Structural Design for Bayshore MSTU Streetscape Design. See attached Supplemental Agreement #3 to Work Order #TS-BL-9908 and related backup. CHANGES IN QUANTITIES/PAY ITEMS ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT 1 Driveway Design ea. $11,753.00 1 $11,753.00 2 Electrical & Lighting Design ea. $6,400.00 1 $6,400.00 3 Entry feature Structural Design ea. $750.00 1 $750.00 TOTAL THIS CHANGE ORDER $18,903.00 -1 SHEET 2 of 2 EXECUTIVE SUMMARY APPROVE AN INTER-FUND LOAN TO THE.:BAYSHORE~:BEAUTIFICATION MSTU FOP. COMPLETION OF A LANDSCAPE PROJECT ON BAYSHORE DRIVE. OBJECTIVE: To obtain Board approval of an inter-fund loan to the Bayshore Beautification MSTU for landscape improvements. CON$ID_ERATIONS: In February,, 1999, the Bayshore BeataifJca0on MSTU began designing a median beautification project on Bayshore Drive. The landscape architecture firm hi,ed by the MSTU, Bother Land Design, has completed a master plan and final design/construction development for this project. Botner Land Design has estimated the total cost of these improvements, including a 10% contingency, to be $1,232,200. On November 3, 1999, the Bayshore MSTU Advisory C~mmittee voted to request County staff approach the Board of County Commissioners to request an inter-fund loan in the amount of $570,000. The purpose of this inter-fund loan is to complete the entire proje-ct within one fiscal year. within the Bayshore Beautification MSTU. A State Enhancement Grant fca' $200,000 will also be used to provide additional bridge improvements within the district. The $200,000 State Enhancement Grant is ~ncluded h-~ Ire TenlaliYe FDOT 5-Year Work Plan. Final approval of the Work Plan will be on July 1, 2000. Upon receipt of the reimbursement-based State Enhancement Grant in FY 05, the $~00,000 loan balance will be repaid. The source for the $570,000 loan is the ~ ~.Road~Assessment;Receivable Fund (341). The long-term repayment of the $200,000 portion of the loan has been reviewed and approved by both the County Attorney and the Finance Director. The Bayshore MSTU Advisory Committee is requesting that this $570,000 loan be interest free, as these improvements are designed to foster economic development efforts in this area of the County. FISCAL IMPACT: The MSTU requests that funds in the amount of $570,000 from Road Assessment Receivable Fund 341 be transferred to the Bayshore MSTU Fund 160 to assist in funding the estimated construction costs of $1,232,200. There is $469,900 currently appropriated in Capital Outlay. In addition to appropriating the $570,000 loan proceeds, the balance of funding for improvements will be from Reserves ($62,200), from available Operating Expenses ($83,600), and -appropri att on -of-C--an3~ -Forward ($46 ;500 ). GROWTH MANAGEMENT IMPACT: None Ihe ~arnmm~ nf .~70,~.f)0 from the Road A,~se,~sme~t R~ .ce.i~!b!ehl. Fu~cl 't41 ~*o the. ~y~ ;~s:rl T Fund 160, and approve any necessary budget amendments related to this request, /-'~' ~ ~'/'~r/~/7~}~ 'se-rVices Director REVIEWED BY: REVIEWED B~' Ed Ilschner, Public Works Administrator DATE:. lt. ~ , DATE: DATE..//-..23 .- DEC PC,. EXECUTIVE SUMMARY ACCEPT A RIGHT-OF-XVAY EASEMENT FROM FLORIDA PANTHERS NAPLES, INC. OBJECTIVE: To accept a road fight-of-way, utility, drainage, sidewalk and maintenance easement from Florida Panthers Naples, Inc., a Florida Corporation for the purpose of providing safe and efficient access to the existing Broken Back Road from Immokalee Road. CONSIDERATION: In finalizing the construction plans for the four-laning oflmmokalee Road from 1-75 to C.R. 951, the Transportation Services Department is proposing to realign the existing Broken Back Road. The realignment is necessary since the existing Broken Back Road will be east of the proposed median opening. Broken Back Road is a road north of Immokalee Road and C.R. 951 intersection. A road right-of-way, utility, drainage, sidewalk and maintenance easement will enable the Transportation Services Department to maintain safe and efficient access to and from Broken Back Road. The proposed alignment will include the replacement of the existing multi-barrel pipe crossing of the canal with a new bridge across the canal. Staff has obtained the road right-of-way, utility, drainage, sidewalk and maintenance easement by donation from Florida Panthers Naples, Inc., a Florida Corporation. In order to ensure that Collier County's interests are protected, the road right-of-way, utility, drainage, sidewalk and maintenance easement has been reviewed and approved by the County Attorney's Office, the Public Works Engineering Department, Transportation Services Department, and the Public Works Division. FISCAL IMPACT: Total acquisition costs with documentary stamps and recording fees are $15.70 and funds are available in Road Impact Fees - District 1, Immokalee Road.. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Easement granted by Florida Panther's Naples, Inc., a Florida Corporation, which has been donated, to Collier County; and Executive Summary Page 2 2. Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Court the easements and appropriate documents to clear title in the Public Records of Collier County. SUBMITTED BY: ~. DATE: , Real Property Specialist II REVIEWED BY: DATE: ////~"~ ~J"~ff Bibby, Director, Public Works Engineering Department APPROVED BY:..~~~;~~~~ . ~ ~ DATE: ~/.~//q:~, ' E'-d II~ch~e'~, Ac~ministrat~)r, Publ~cXW°rks Division PROJECT: Immokalee Road PARCEL: 130 FOLIO: 00188040005 EASEMENT THIS EASEMENT, made and entered into this __ day of , 19 , by Florida Panthers Naples, Inc., a Florida corporation, whose mailing address is 450 East Las Olas Boulevard, Suite #1400, Fort Lauderdale, FL 33301, as Grantor to COLLIER COUNTY, a political subdivision,of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective 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 for road right-of-way, sidewalk, drainage, utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS PROPERTY IS NOT HOMESTEAD. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and take materials for the purpose of constructing, operating and maintaining road right of way, sidewalk, drainage, and utility facilities thereon. 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, thc Grantor has caused these presents to be executed the date and year first above written,. FIRST WITNESS (Signature) (Print Name) SECOND WITNESS (Signature) (Print Name) Florida Panthers Naples, Inc., a Florida corporation By: PresidentYVice President j:DEC 1 1999 STATE OF COUNTY OF The foregoing Easement was acknowledged before me this __ day of , 1999, by (name) , (title) of Florida Panthers Naples, Inc., a Florida corporation, who is personally known to me or who has produced as identification. (Affix notarial seal) (Signature of Notary) (Print Name of Notary) Commission # My Commission Expires: PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAHIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 EXHIBIT SKETCH OF DESCRIPTION NOT A SURVEY 65 O' 7 80 O' 100' CANAL RIGHT OF WAY SOUTH LINE SEC. 22 IMMOKALEE ROAD (lOO' R~W) PROJECT NO.....69101 PARCEL NO ....... 130 FOLIO N O.....0. ~../...~...~.¢?. ,~, .d. ~¢2. ,0''' ~ E'AS:¢ LINE SEC. 22 Pon. PO C S E COR, SEC 22, TWP 48S, RGE 26E / COMMENCING AT TIlE SOUTIIEAST CORNER OF SECTION 22, TOWNSI liP 48 SOUTlt, RANGE 26 EASt', CGLLILt'. ~ BUNT Y, FLOIqDA, 'IltENCE ,~qOR'I'I IERLY AI,ONG TI IE EAST LINE OF SECTION 22, A DISTANCE OF 100.00 FEET TO TIlE NORTII LINE OF A 100 FOOT CANAL RIGItT OF WAY AND TIlE POINT OF BEGINNING; TIIENCE CONTINUING NORTHERLY ALONG SAlD LINE, A DISTANCE OF 260.00 FEET; THENCE WESTERLY ALONG A LINE LYING 3(,'1 FEET NORTI 1. AS MEAS! IRED PEPd'ENDICULAR TO, TttE SOUTtt LINE OF SAID SECTION 22; A DISTANCE OF 65.00 FEET; TtIENCE SOUTIIERLY ALONG A LINE LYING 65 FEET WES]', AS MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID SECTION 22 TO A POINT ItEREINAFTER REFERED TO AS POINT "A",TIIENCE RETURNING TO AFORESAID POINT OF BEGINNING AND It. UN WESTERLY A DISTANCE OF 8B.O FEET ALONG SMD NORTll CANAL RIGIH' OF WAY LINF,; TI IL:NCI! NORTIIERI,Y AI,ON(] A LINE I,YIN(; 80 FI!I!'[' WI!ST.AS MEASURED Iq.qtl)ENDICUI.AIt '1'O, TI IE EAST t,INF. OF SAIl) SI';CTION 22, A DISTANCE OF 50 oo FEET; ']'l IENCE NOItTIIF. AS'I'EI~,I.Y A I)IS'I'ANLT; OF 23 .I FEI?I' MOIRE OR LESS TO AFORESAID POINT "A" AND TI IE POINT OF TEItMINATION ' * CONTAINING 17,785 SQUARE FEET OR 0.408 ACRES MORE OR L~Ss. GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP, = TOWNSHIP 5) RGE. = RANGE 6) RJW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE FEBRUARY 1,1999 IRBBR '~/GEORGb R R,CIIMOND PROFESSIONAL L~ND SURVEYON-FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT· COLLIER COUNTY GOVERNMENT COMPLEX SHEET 1 OF 1 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT RECOGNIZING CARRY FORWARD AND MOVING RESERVE FUNDS INTO THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 99-2908, PROJECT 73031 ,0IlJ-ECTIVE: That the Board of County Commissioners, as the governing Body of Collier County and the Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a budget amendment to recognize carry forward and move Reserve funds into the project budget for the North County :Water Reclamation Facility (NCWRF) 5-mgd Expansion project. CONSIDERATION: On August 3, 1999, item 16 (B) (5), the Board approved a resolution for the tentative award of the construction contract for the NCWRF 5-mgd Expansion project lo-Pl-ojecl hategc'ation, h~c., ~n the :amount of $1fi;350;000. The resolution was a part of the Revolving ~ ~o~am iffifiated by ~e County for this proj~t. Funds were budgeted in FY 99 in anticipation of a timely final approval by the FDEP and subsequent award in FY 99. The FDEP final approval was obtained on September 3, 1999, however executed contract documents were not available until November 2, 1999. This resulted in an .award,and purchase orders.occurring in FY 00. Funds were not automatically carried forward from FY 99 to FY 00. Due to a budget timing issue, funds in the amount of $15,000,000 are required to be carried forward via budget amendment from FY 99 to FY 00 to fund the construction of this project. The $3,350,000 balance of funding has already been brought forward and placed in reserves. FISCAL IMPACT: A budget amendment in the amount of $18,350,000 is necessa~ to fully fund the NCWRF-5 project. Can'y forward of unexpended funds from FY 99 into FY 00 in the amount of $15,000,000 in the Wastewater Impact Fee fund will need to be recognized. Also, $3,350,000 of budgeted capital reserves will be moved into 'the project budget. GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing growth demands in the north service area of the County and is consistent with the 201 Facilities Plan RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve budget amendment(s) as described herein for the contract to construct the NCWRF 5-mgd Expansion, Contract 99- 2908, Project 73031. AGENDA ITEM DEC 1 ti 1999 Executive Summary Approve Budget Amendment For NCWRF Expansion Page 2 SUBMITTED BY: Peter Schalt, PMP, Project Manager  a~,B~,0~\tte~ Public Works Engineering Department · -C) --,-/T ,/2_/% {,,"Jeff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: Jo0 Cheatham, Wastewater Director APPROVED Ed Ilschner,('A'"dmini strator Public Works Division Date: .o.u.t'~ X/9 PG..= ,~k= :: "~E~C~JTIV~ SUMMARY CONSIDER EXTENSION OF DEVELOPER CONTRIBUTION AGREEMENT BETWEEN THE COUNTY AND WARRENTON ENTERPRISES OBJECTIVE: That the Board-of County Commissioners, as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), consider an extension of the Developer Contribution Agreement between the County and Warrenton Enterprises ("World Tennis Center"). CONSIDERATIONS: The Board entered into contribution agreements with a partnership consisting of Grey Oaks, Keystone, Pine Ridge Associates, Vineyards and World Tennis Center on September !8, ! 990. As part of that agreement impact fee credits were _granted in exchange for the partnership~s participation in Orange Blossom Drive and Airport Road sewer system improvements. The original agreements expired on April 2, 1996. On April 2, 1996 the Board approved a fnree-year exiension or ~ne l~,~u agrc~rt~h~S ............. ' '-- · 111~ l~Xt~-'ll~lOll [Ii~llt~:U L;LTIltlllLIUU availability of impact fee credits until April 2, 1999, an additional three (3) ye. ars. As of the expiration gate of the extension agreement the outstanding sewer impact fee credit available to World Tennis Center ("WTC") is $91,414.90. The attorney representing WTC has requested that the County further extend the time for WTC tr~ he ~hle tn re£~iv~ Jmps~ct fee ~r¢_cli~s. The request is for an additional twenty months (retroactive from April 2, 1999) or 12 months from this date - December 14, 1999. WTC's position is that the County would not be prejudiced in any manner by further extending the time for WTC to receive impact fee credits. Under the terms of the Agreement, the County received value equivalent to the impact fee credit. The credit is a fixed dollar amount that is applied against current impact fee rates. Accordingly, the County does not financially lose by further extending the time for WTC to receive impact fee credits. Staff has reviewed this matter. Paragraph 9 of the original Agreement states: "The duration or availability of credits pursuant to this Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction or from the date of donation of land, but in no event shall the availability of credits under the Agreement exceed seven (7) years, exclusive of any moratoria, from thc date of the recording of the Agreement in the Official Records of Collier County, Florida." Substantial completion of the April 2. 1999. This extended the availability of credits to echt {8)years. The other three parties to the agreement have used all of their impact fee credits. Paragraph i0 of the original Agreement states: "In the event the mount of developer contribution pursuant to the approved plan of construction exceeds the total amount of Impact Fees imposed or used on the subject Sewer System Development lands, the Developer is entitled to the return of one-half (1/2) the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from sewer system impact fees collected during the fiscal year immediately following the fifth anniversary of the A(i£NDA IT£P4 I q 999 ~¢. / date of substantial completion of the plan of construction, or the date of donation, or the seventl~ anniversary, exclusive of any moratoria, from the date of recording this Agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance of any impact fee credits shall be forfeited." Based on the Board having previously granted an extension to this agreement, staff recommends an additional 20 month extension from April 2, 1999. This extension will be available through December 14, 2000. In addition, staff recommends that this extension, if approved by the Board, be the final extension allowed. FISCAL 4IMPACT: If the extension is approved WTC will have $91,414.90 sewer impact fee credits available through December 14, 2000. tn thc event thc cxq'ension is not approved WTC will be reimbursed one half ($45,707.45) of the remaining sewer impact fee credits in accordance with original contract terms. Funds in the Wastewater Impact Fee Fund in the amount of $94,000 are budgeted and are available-for rehnbursing impact fee credits. GI~OWTH ~MAI~_;AGE~ IMPACT: None. RECOMMENDATION: Staff recommends that the Board of Co'truly Commissioners as the ex-officio Board of the Collier County Water-Sewer District approve a final extension to the Developers Contribution Agreement with Warrenton Enterprises for the remainder o~' it's outstanding sewer impact fee credits and authorize thc chairwoman to execute same. / SUBMITTED Bv' 4 Edw~'d N. Finh, Op~ihtions Dif~tor REVIEWED B _.~ Ed Ilschner,Yub~c Works Administrator /D~te 2 DE(] i 4 SECOND EXTENSION AGREEMENT ORA This E~on Agr~ is made ~nd~ntered into d:ds ~ day of December, 1999, by amd bcv. veem WARRENTON L~2q'II~I:{ISES CORPORATION= a Florida ,ort~ration (Warrenton) amd thc BOARD OF COUNTY COMMISSIONERS of Collier Count~ Florida,,. as the governing board of Cotli~r County and as ex officio the goveml,g board of the Collier County Water- Server District (the County). Ba~und: A. On September 18, 1990, the Coanty and Watt. ton, inter alia ,emcr~ into an agreemlmt ~atitled "Airport Road South of Orange Blossom Road Force Main Conlribution A~ent" (the Contribution Agreem6~n~) wherein the County granuxl to Warrenton and the othe~ who were pan~ thereto credits as therein provided for sewer system impact fees in exchange for d~c uudea'mkings ~crein sc~ forth; and B. The Contribution Agreement provided for a term for s~d credits and by virtue of jll ExtcI~on ASittlllli~nt ellttllt~ jlltO by lnd ~ong ~ ~q:its to the Contritx~on Agreemem on April 2. 1996 flae~ ~ W,~~-~m ~ ~ac time ~or the availability of such C. ~I tt~ lyar~es to the Contribui/on A~re~aem have r~.onl~d the/r cr~irs for ~nwho has not fully re~o~ its credits; and D. Thc time for the credits m be utilized expired on April 2, 1~9=9 ~ud Wanrcn*~on -has zequest~ that ~e Comny provide it with a fur~er extension of ~rne for thc rccoupment of its credit and the parti~ have ent~a-ed into this agreement To make provision therefore. Now thercfo~ in ¢onsideralion of the mutual covenants her~.~ ~ and other good ~xd valm~bte consider~on the r~c~/pt of which is hereby acknowl~Iged, the County and Warrenton agree to extend the duration for availability of crediu m Warrenton pammm to the Contribul/on Agr~maent firom April 2, 1999, ~o December 14, 2000. In the event by December 14, 2000, Warrenton ~ not. fully r~cout~d the crcdks I1~ arc available to it,. the amourrc of ~ons bat will be eu_~t/ec[ in ~x~rdanc~ with the terms of the Contribution Agr~nes~t. to ~ of on, half of't~ excess _remaining tmlance of the credit provided funds arc available and ooll~ed in accordance with the provisions of section 10 of the Contribution _Agr~znent. EXCel~ as h_c~,~ ,xtend~d and modified, the Contrib.ufion ~e 'C~. In WITNESS WKEREOF the parties have execmed this agre~ent as of the da~e and year first above writtea. Withes ~l- WARRENTON ENTERPRISES CORPORATION BY:~T Vicld A. Ch~ I~s: Vice Pzesident Wane~2 printed name of witr~.___~ #2 STATE OF FLOKIDA ) COUN-fY OF COLLIER ) I ~Y CF_~TIFY tha~ the foregoing ~cnt was ack~wtedged before me lhis day of December, 1999, by Vicki A. C. Aan, who is permnally known tome or who producexi · aa idcntffication. 'ot ,y P , ic - state o/ Printed Name of Notary ~ Commission ~xpire$: DATED: ATTEST: DWIGHT E. BROCK, Clerk Dwight E. Brock, Clerk BOARD OF COUN~I'Y COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'ICie, Chairman Approved as to form and legal sufficiency:: David C. Weigel County Attorney 2 ECU iVE fUMMARY APPROVE A TWO-PARTY AGREEMENT BETWEEN THE STRAND DEVELOPMENT AND COLLIER COUNTY FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT STRAND BOULEVARD AND IMMOKALEE ROAD. OB.JECTIVE: To gain Board approval of an Agreement between The Strand, Ltd. and Collier County for the installation of a traffic signal at the intersection of Strand Boulevard and Immokalee Road. CONSIDERATIONS: The Strand, Ltd. ("Strand") developer requested that Collier County provide a traffic S~gnal at the intersection of Strand Boulevard and lmmokalee Road. The County performed a Traffic Signal Warrant Analysis and engineering Study (the '~Study") and determined that a traffic si,~nal was an a_p_pro_priate traffic control device for this intersection. A Two-party Agreement (the "Agreement") has been prepared in which the Strand will design and construct the. signal, subject to review and approval by the County. Further, the County will xeimbtrrse the Strand for its costs, less the Strand's fair share as required in the Strand's PUq) Document. There are other development interests lying lo Ihe south of the intersection which also have a fair share participation requirement for the funding of the signal. Unfortunately, staff has not been able to obtain agreement after several months of extended negotiations with these development intcrests. Staff is therefore offering the attached Agreement (Attachment No. 1) in an effort to expedite the signal installation. Since the other development interests are not presently underway, nor is there any likelihood that they will commence their respective development activities before the signal installation is complete, staff recommends the approval of this Agreement with the understanding that the other development PUD requirements for a fair share contribution are still applicable. These fair share payments will be collected at such time as the other developments request Site Development Plan approvals. No such approvals shall be forthcoming unless such fair shares are paid. The total project cost is estimated at $175.000. including design, sig-nal construction, signal The Strand PUD Donovan PUD (now Benderson Develoment Co., Inc.) Stiles PUD (now Owen Ward, Trustee) Collier County Totals $ 45,850.00 26.2% $ 32,375.00 18.5% $ 19,600.00 11.2% $ 77,175.00 44.1% $175,000.00 100.0% AG~ t~,A I J'lr Ii8 x Executive Summary Approve An Agreement Between The Strand ,Ltd. and Collier County Page 2 of 2 Under the proposed Agreement the Strand will receive an amount not to exceed $129,150.00 Of this amount, $51,975.00 will be future collections by the County as fair shares from the other two development entities. A budget amendment for $52,000, representing the difference between the amount budgeted this fiscal year and the amount necessary to complete the signal will be necessary. This sum will be reimbursed to the County upon collection of the outstanding fair shares. - FISCAL IMPACT: The total project cost is estimated at $175,000.00. The County's share of this cost is estimated at $77,175.00. Funds are available in Fund 313 and will be made available from Fund 313 Reserves. Annual maintenance costs are estimated at about $3,000. GROWTH MANAGEMENT IMPACT: The proposed traffic signal is consistent with Collier County's policy regarding the installation of traffic control devices to facilitate the safe and efficient flow of traffic on fne Count, s roadway netwm:K. ~OMMENDATIQ,N: That the Board approve the attached Agreement; authorize the Chairwoman to sign it; and. approve the necessary Budget Amendment to fully fund the installation. ; -APPRO~D BY- ' ~ DATE:~-/~ ~ Ed Ilschner' ~lic Works Ad~nistrator Attachments: No. 1 - Proposed Agreement NO. ~ ' '~/...i.. nc," , ~. ~:mn PG., 4 I'-- 1 2 3 4 5 6 7 8 9 10 11 12 13 t~4 15 16 17 18 19 20 2i 22 23 24 25 27 28 29 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 61 62 63 64 65 66 67 AGREEMENT for the DESIGN and CONSTRUCTION of a Traffic Signal at Immokalee Road/Strand Boulevard · THIS AGREEMENT is made and entered into this of 1999, by and between The Strand, Ltd., a Florida Limited Partnership ("Strand") referred to herein as "Developer", and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "County". Developer is used as singular or plural, as the context requires. RECITALS: WHEREAS, lhe Developer is desirous of entering into this Agreement with the County whereby the Developer agrees to design and to have constrncled a traffic signal at the inter~qection of lmmokalee Road (C.R. 846) and Strand Boulevard, including the hard-wire inlerconnection of said traffic signal with the existing traffic signals at 1-75 West, 1-75 East and Oaks Boulevard along with provision for future hard-wire interconnect(on to a future traffic signal at the intersection of C.R. 846 and Livingston Road ("the improvements"), and County agrees to reimburse the Developer for all costs less the Developer's Fair share Cost, as further defined below; and WHEREAS, Courtly ],as legal control over or is the owner of certain public road right~ of-wa5' described in Exhibit "A" (hereinafter referred to as "the Site") attached hereto and incorporated herein by reference; and WHEREAS, the actual cost of design, construction and installation of the subject improvements shall ~ the basis for this Agreement and no credit for land, easements, construction or infrastructure olhcrwise required lo be bo(Il and/or transferred (conveyed) to tile Connly by law, ordinauce, rule or regulation, shall he_ considered or included in determining ihe value of the County's contribution to the improvements; and WHEREAS,all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with, the applicable standards and procedures of the County and shaii be llrSt approveo ny tne COlllerx~oul~ty llallb~L~tallUII :~'p~l~llllJIlt lJI l~.J~t t'J cun~H~C~cCl~iiJs,L O1' any construction of tBe subjecl traffic comroi device; and WHEREAS, County agrees that its shall be authorized to execute any and all documentation on behalf of the County necessary for conformance with the applicable standards, procedures, ordinances and regulations; and WHEREAS, the Developer has submitted to the Collier County Transportation Department an acceptable Proposed Plan and estimate of costs for the subject improvements (hereinafter "Proposed Plan") which includes, but is not limited to: a. A designation and description of all major component parts of the subject traffic signal for which Ihe Proposed Plan is being submitlcd; b. If applicable, a legal description of any land or easements related thereto to be conveyed to tile County; c. Acceptable initial professional opinion(s) of expected costs for the proposed construction prepared by a Professional Engineer knowledgeable in this field; and d. An acceptable proposed time schedule lot the completion of the Proposed Plan prepared by a Professional Engineer; and W!4'l~?:tAS,~af!_or ?3qc, p_ofl Ccm~ideration bv the Board of Commissioners. the Board has authorized a. Thc suhiect Proposed Plan is in contbrmity with the contemplated improvements ;md additions the County's roadway system; and b. Such Proposed Plan, viewed in conjunction with other related existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's Road Gas Tax Fund in such a way as to frustrate or interfere with other planned or ongoing growth necessitated road system capital improvements and additions to the County's road systems; and c. Such proposed Plan, viewed in conjunction with other existing or proposed plans, will benefit the capabilities of the County's road system; and d. This Agreement and the Proposed Plan are in the public's interests; and e. The proposed time schedule for completion of the subject improvements is not inconsislent with the most recently adopted five-year capital improvement program for the County's road system~ and l/ ATTACHMENT NO., / #0 BEC 1 zt 1999 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 29 30 3i 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 5a 55 57 58 59 60 6! 62 63 65 66 67 WHEREAS, the contributions contemplated under this Agreement shall be construed and characterized as work done and property rights acquired by the County for the purpose of constructing and installing the County's public road rights-of-way; and WHEREAS, this Agreement is not, and shall ~ot be construed or characterized as, a development agreement under the Florida Local Government Development Agreement Act. WlTNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged between the parties hereto, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals arc true and correct and are incorporated her~n. The amount of the Developer's contribution to the County shall be determined according to the following standards of valuation: a. The Developer acknowledges and agrees there are no donations of land or rights to land are included in the subject contribution. b. The value of eligible and anticipated construction to the County's road system shall be based upon professional opinions of total project probable cost certified by a Professional Engineer. c. In the case of contributions of construction or installation of improvements, the value of the Developer's proposed conlribafion shall be adjusted upon completion of the construction to reflecl lhu actual cosi of consn'Bcfion or installation of improvements experienced by the County, inclusive of design costs. However. in no event shall any of costs. The JnJti~d estimate of casts for the design and construction of tim improvemenls unde~ lhis Agreement is One Hundred Seventy-five Thousand and no!lO0 Dollars ($175,000.00). This estimate consists of the following elements: Design Services Signal Construction (box span) Signal Interconnect Construction Engineering and lnspeclion Services Total $ 19,600 $ 95,0OO $ 40,000 $ $175,000 d. Until the contribution due by the County to the Developer is finally ascertained upon completion of construction, no more than ninety (90) percent of the initial estimate of costs for contributions contained herein shall actually be applied or used in a calculation of the County's reimbursemen! to the Developer. e. The "fair share" contributions from the parties shall be computed as follows: The Strand PUD 26.2% Collier County 73.8% Total 100.0% The foregoing shares are assigned on the basis of a proportionate share of traffic volume contributed to the intersection of Strand Boulevard and hmnokalee Road (CR 846) by each of the parties, individually. Traffic volumes are based upon the approved PUD zoning Master Plan for lbe Developeffs project. The County's share is based upon the background traffic as of 1998, escalated at 10.61% per year through 2004, a five-year period. The PUD traffic volumes are based upon the values for the associated land uses found in Trip Generation - Sixth Edition, 1997, published by the lnstimte of Transportation Engineers (ITE). Although the County contemplates recouping a portion of the intersection, such anticSpatc~ .._C~9pnty_from 6!fly [fiimb, rs!p~ the developer under lhis A~reement. f. No credil wimlsoever for lands, casemenis, construction or infrustruChm~ uiherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or ihcluded in the value oftbe Developer's fair share. g. A narrative description of the County's contribution which is the subject of this Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if applicable, prepared by a Professional Engineer, are attached hereto as composite Exhibit "B", the Proposed Plan, which is incorporated herein by reference. Upon execution of this Agreement, additional work, if any, requested by the County beyond that contemplated in the description of and estimate of costs for this Agreement shall be paid for by lhe County and shall not be considered or included in the valne of Deve!oper's fifir share. Page ~ of 3 ATTACHMENT NO. , /"' ' PAGE OF A C-dT. nD A ~T[~ X DEC ! 6 1999 6 7 9 10 11 12 13 b4 15 16 17 18 19 20 21 22 23 2,4 25 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 44 45 46 47 50 51 52 53 55 5,6 57 58 59 60 61 62 63 65 66 67 68 5. The Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of all of the subject improvements. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. 6. The failure of this Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, terms of restrictions. This Agreement shall be modified or revoked as is necessary to comply with all relevant State or l~edera] laws, if, in the unlikely event that State or Federal laws are enacted subsequent to the execution of this Agreement and which are applicable to and preclude the parties compliance with the terms of the Agreement. The County's right to modify or revoke this Agreement shall terminate at the time of commencement of construction of the signal. 7. Excepl .as provided hereinabove, this Agreement shall only _he. modified or amended by the mutual written consent of the parlies here-lo or by their suc_~essors in interest. The benefits of the Agreement shall inure to all successors in interest to the parties to this contribution Agreement. 8. The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "C" attached hereto and incorporated herein by reference. 9. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (i4) days aher the County, by its duly 'authorized Chair, executes this Agreement. l 0. Each party to this Agreement shall have standing to Tile an actmon ior injunctive reiief in lhe Circuit Court of Collier County to enforce the terms of this Agreernent~ ~i~! re4v, edy bein~ cumulative within any and all other remedies available to the parties for enforcement of this Agreement. The prevaitingx~artv shall recover attorney's fees from ~he other paR:,'. I I. The Board of Connty Commissioners hereby delegates to the Director of the County's Transportation Services Department full authority to administer this Agreement on behalf of thc County. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLI~I ER COUNTY;:FLORIDA By: Dated: Deputy Clerk By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: Thomas Palmer Assistant County Attorney WITNESSES: THE STRAND, LTD. By:. .Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF...~ day of ,1999, by Inc., a Florida Corporation. on __ has produced driver's license The foregoing instrument was acknowledged before me this of behalf of tbe corporation. He~ is personally known to me or no. as identification. NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Page 3 of 3 EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, RFP 99-2926, PROJECT 74030 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve an amendment to a professional services agreement to provide additional services related to the exploratory drilling for this project. CONSIDERATIONS: Services to be provided are consistent with our professional services agreement with Water Resource Solutions, which was approved by the Board on August 3, 1999, Agenda item 16(B)(23). Our current Wastewater Master Plan, as adopted by the Board on July 22, 1997, agenda items 12(C)(4) and 12(C)(5), includes a deep injection well, to be needed after year 2003, at the North County Regional Water Reclamation Facility. The County can reduce the cost to construct a future deep injection well by extending the depth of our exploratory boring from 900 to 1250 feet. Based on a review of available well drilling information in the vicinity of the site, unstable sand conditions may be encountered during drilling of the exploratory boring. Our consultants recommend provisions for an additional casing should these conditions occur. A summary of total fees approved and proposed are as follows: Fees Original Agreement $361,077 Amendment 1 69,052 Total $430,129 Scope of Services Design, Test Drilling, and Permitting Additional Test Drilling and Casing Staff has negotiated the proposed scope and compensation as provided in the attached amendment to Professional Services Agreement. FISCAL IMPACT: The total cost of this amendment is $69,050. Funds are budgeted and available in the Reclaimed Water ASR project in the County Sewer Capital Projects. Source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future effluent management needs in the north wastewater service area. ~ Executive Summary Approve Amendment Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District approve and authorize chairman to execute the amendment to Professional Services Agreement with Water Resource Solutions, Project 74030. SUBMITTED BY: Alicia Abbott., PWED Project Manager ? REVIEWED BY: Jeqqr Bibby, P.E., PWED Director Date: Date: REVIEWED l~ Joseph B. Cheatham, Wastewater Director APPROVFD 13~~~m~ustrator Date: RECLAIMED WATER AQUIFER STORAGE AND RECOVERY AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No.1 to the Agreement dated August 3, 1999 (hereinafter "AGREEMENT') is made and entered into the day of , 1999, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Water Resource Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 428 Pine Island Road, S.W, Cape Coral, Florida 33991 (hereinafter referred to as the "CONSULTANT'). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Reclaimed Water Aquifer Storage and Recovery (hereinafter referred to as "PROJECT'), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachment C to said AGREEMENT which are attached hereto and made a part hereof. 03946COG.K15 - 1- DEC ! 1999 PG. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said AGREEMENT Schedule C which is unchanged. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT. By:. Clerk By: Chairperson Approved as to form and legal sufficiency: Witness 03946CGG.K15 -2- WATER RESOURCE SOLUTIONS, INC. By' Ho~va~h, P.E. Presidem (CORPOILATE SEAL) SUPPLEMENT NO. I TO SCHEDULE A SCOPE OF SERVICES This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services dated August 3, 1999. This project amendment consists of that work that is necessary to extend the depth of the test/exploration well to determine the location of the base of the zone termed "underground source of drinking water" (USDW) by the Florida Department of Environmental Regulation. Also included in the amendment are drilling and testing program modifications to account for potential unforeseen conditions. The itemized work and cost modifications are shown on Schedule B - Attachment C, Amendment No. 1. 03946CGG.K15 -1- DEC 1 1999 SCHEDULE B - ATTACHMENT C AMENDMENT NO. 1 CONSULTANTS ESTIMATE OF ADDITIONAL SERVICES TASK A. 8 TASK A.9 STAFF LEVEL RATE HOURS AMOUNT HOURS AMOUNT WRS Inc. S/hr Principal $120 40 $4,800 11 $1,320 Senior Scientist/PM $110 64 $7,040 108 $11,880 Senior Hydrogeologist $95 108 $10,260 20 $1,900 Hydrogeologist $65 498 $32,370 0 0 CADD Designer $48 0 0 2 $96 Office Admin./Docum $38 22 $836 13 $494 Subconsultants 0 $1,150 Drilling Co~tractor $223,450 10% markup 22,345 $115 SUBTOTAL I $301,101 $16,955 TOTAL TASKS A.8 AND A.9 ESTIMATED COSTS: $318,056.00 -1- I)EC ! 1999 SCHEDULE B - ATTACHMENT C AMENDMENT NO. 1 - CONTINUED - TASK A.8. TEST DRILLING COST ESTIMATE Estimated Unit Amount Item Description Unit Quantity Pdce 1 Mobilize and construct ddlling pad to Lump I 23,000.00 23,000.00 manage fluid. (Compacted earth pad with plastic liner.) 2 Install surface casing as necessary - Lump I 4,500.00 4,500.00 depth determined by ddller (minimum 30 feet). 3 Ddll 6-inch pilot hole 420 feet. Feet 420 15.00 6,300.00 4 Ream pilot hole to 22-inches 420 feet. Feet 420 31.00 13,020.00 5 Install 420 feet of 16-inch (PVC) casing. Feet 420 42.00 17,640.00 6 Grout lower 100 feet with neat cement. Sacks 149 30.00 4,470.00 7 Grout to land surface with 4 percent Sacks 470 35.00 16,450.00 bentonite. 8 Ddll with reverse-air to 500 feet. Feet 80 30.00 2,400.00 9 Set submersible pump and conduct 4 Lump 1 3,200.00 3,200.00 hour test (250 gpm). 10 Drill with reverse-air to 1250 feet. Feet 750 30.00 22,500.00 11 Set single packer at 3 intervals during Each 4 4,000.00 16,000.00 above ddlling (Item 10) and conduct 4 hour pumping test below packer. 12 Plug back borehole with cement to 800 Feet 250 35.00 8,750.00 feet. 13 Install sand to 740 feet. Feet 60 30.00 1,800.00 14 Install 740 feet of 6-inch (PVC) casing and Feet 740 3500 25,90000 t grout '.o land surface. 15 Drill out sand and develop well for 6 Lump 1 7,000.00 7,000.00 hours. -2- SCHEDULE B - ATTACHMENT C AMENDMENT NO. 1 - CONTINUED - Estimated Unit Amount Item Description Unit Quantity Price 16 Demobilize and clean site. Lump 1 900.00 900.00 17 Geophysical Logging Suite A (caliper, Lump 2 2,200.00 4,400.00 electric LSN, gamma). 18 Caliper log individual. Lump 2 1,000.00 2,000.00 19 Geophysical Logging Suite B (sonic, Lump 1 2,800.00 2,800.00 temperature, fluid resistivity). 20 Caliper log with deviation survey. Lump 1 1,200.00 1,200.00 21 Down hole fluid sampling (3 samples). Lump 1 1,200.00 1,200.00 22 Wellhead completion. Lump 1 1,200.00 1,200.00 23 Codng (per 10 foot core). Lump 2 3,000.00 6,000.00 24 Standby time. Hours 20 50.00 1,000.00 25 Ream from 420 to 660 feet. Feet 240 20.00 4,800.00 26 Install 660 feet of 10-inch casing. Feet 660 22.00 14,520.00 27 Grout 10-inch ca~ing. Bags 350 30.00 10,500.00 Task A.8 Subtotal: $223,450.00 Contractor Mark-up 10%: 22,345.00 Estimated Total: $245,795.00 -3- DEC ! 1999 EXECUTIVE SUMMARY APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 96-2474, PROJECT 73031 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve an Amendment to the Professional Services Agreement with Hazen & Sawyer, P.C., for design and construction related services for several improvements for the North County Water Reclamation Facility (NCWRF) 5-mgd Expansion project. CONSIDERATION: Our consultant, Hazen and Sawyer, completed the design to expand the NCWRF, which was recently bid and awarded for construction. Subsequent to the bidding and award of the construction project, staff decided to take proactive steps to abate potential odors and optimize operation of the proposed aeration system. This Amendment will implement design and construction for improvements to the plant as follows: · Potential odors from the Sludge Dewatering Building will be captured by enclosing the building with concrete block construction, stucco and windows. · Foul air from the Sludge Dewatering Building will be treated through an odor control system. · The process air blowers that serve Aeration Basins four through seven will be modified to automatically maintain a dissolved oxygen level setpoint in the Aeration Basins. This will result in an electric energy savings to the County. · This amendment will increase the duration of Hazen and Sawyer's construction services by three months to accotml ~'or the corresponding i~crease in final completion days as amended in the construction contract during bidding (total of 25 months). Each item is more fully detailed in the attached Amendment to the Professional Services Agreement scope of services. A summary of this Professional Services Agreement to-date is provided as follows: Original Professional Services Agreement Sum of previous Amendments Pre,posed Amendment Revised Professional Services Agreement $745,000.00 $2,876,755.00 $214,060.00 $3,835,815.00 FISCAL IMPACT: A budget amendment will be necessary to transfer $214,060.00 from Wastewater Capital Reserves to project 73031 to fund this work. The source of funds is Impact Fees. Executive Summary Approve Amendment To PSA For NCWRF Expansion Page 2 GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing wastewater demands in the north service area of the County and is consistent with the 201 Facilities Plan Update as approved by the Board on July 19, 1997. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the Amendment to Professional Services Agreement with Hazen & Sawyer, P.C., related to the NCWRF 5-mgd Expansion, Contract 96-2474, Project 73031 and approve the necessary Budget Amendment. SUBMITTED BY: Peter Schalt, PMP, Project Manager ¥.X.~' Public Works Engineering Department REVIEWED BY: ~X. '"' 3 . :~ ~ff Bibby, P.E., Directo~ Public Works Engineering Dep~ment REVIEWED BY: J~O Cheatham, Wastewater Director Pt~'blic Works Division APPROVED BY:~ Ed Ilschner, Administrator Public Works Division Date: Date: //'//~'~/~' ~ Date: Date: Attachment: Copy of Proposed Amendment NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 6 to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this day of 19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer Distdct (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TVVO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Schedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. 3.1 ARTICLE THREE The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION the day and year first written above. ATFEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX - OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN'I-Y WATER-SEWER DISTRICT By: Dwight E. Brock, Clerk By: Pamela S. Mac't/~e, Chairwoman Approved as to form and legal sufficiency: A~s~stant County Attorne~__~ Witness '¢.qtness Hazen & Sawyer. P.C. . ./.~a,~ ?~~sr~ .¢:., Vice President (CO'RATE SEAL) i' =' A~g~IOA IY~J~ ~ DEC I q 1999 COLLIER COUNTY PUBLIC WORKS NORTH REGIONAL WATER RECLAMATION FACILITY 5-MGD EXPANSION CONTRACT AGREEMENT CONTRACT AMENDMENT NO. 6 SCHEDULE A - SCOPE OF SERVICES The Scope of Services as provided in the Professional Services Contract Agreement dated May 14, 1996 shall be amended to provide for the following additional items: 1. All design, contract administration and detailed observation services as required to incorporate the following modifications to Odor Control Systems at the NCRWRF: ao Deletion from the project of the Aeration Basin Odor Control System, including odor control covers at Aeration Basins 4 through 7; scrubber ducting from Aeration Basins 4 through 7 to the Aeration Odor Scrubber System; the Aeration Odor Scrubber System; and all associated civil, mechanical, electrical, and instrumentation items. Construction of wall enclosures on the upper and lower levels of the Dewatering Building (including the existing building and the building expansion already included in this project). The wall enclosures will consist of concrete masonry walls with exterior stucco and coatings to match the architecture of ol. her process buildings at the NCRWRF. Windows will be incorporated throughout the enclosure for natural lighting of the building interior. Also included in the enclosure design will be all necessary building modifications related to HVAC, plumbing and lighting. Construction and installation of an Odor Control System to serve the upper level (belt press room) and lower level (truck loading area) of the Dewatering Building. The Odor Control System will consist of scrubber ducting from the enclosed areas to the proposed odor control unit; the Odor Control Unit; and all associated civil, mechanical,: electrical, and instrumentation items. The Engineer shall assist the County in selection of the most appropriate odor control process. Options to be evaluated include a packed tower wet scrubber (similar to the scrubb~rs now operating at the NCRWRF and SCRWRF), a "latest generation" pre-manufactured biofilter, a first or second generation ("home-made") biofilter, or a forced-draft dilution ventilation system. It should be noted that the design and contract administration services for the addition of odor control systems (OCS) for Aeration Basins 4-7 and the Dewatering Building were originally included in Amendment No. 4 to this Professional Services Agreement. The following is a summary of events since Contract Amendment No. 4 was approl~cl: ~ August 1998: Contract Amendment No. 4 approved. Design of Aeration ~si~[~ Odor Control System ~mmences. The Coun~ requests that the desi~ ~ ~-.~. Dewatering Odor Control System be deferred, pending negotiations with a neighboring developer for sharing in its construction costs. October 1998: Negotiations with the neighboring developer to share in the construction costs for the Dewatering Building OCS are unsuccessful. The County requests that the Engineer prepare separate bidding documents for the removal/salvage of the Sludge Stabilization System equipment. The County agrees Io rea/locate the funds for design of the Dewatering Building OCS for the preparation of the removal/salvage bidding documents. August 1999: The County indicates that odor control at the Dewatering Building should take priority over the odor control at the Aeration Basins. The County chooses to reallocate construction funds from the Aeration Basin OCS to a Dewatering Building OCS. As a result, construction of the Aeration Basin OCS will be deleted and construction of the Dewatering Building OCS will be added to the 5- MGD Expansion project. The design of the Aeration Basin OCS is complete and can be used in future bidding documents. Contract Administration services related to the Aeration Basin OCS will be deleted in Contract Amendment No. 6. Contract Administration services for the Dewatering Building OCS is already included in Amendment No. 4. Since funds originally added for the Dewatedng Building OCS design were reallocated for the sludge stabilization removal/salvage bidding documents, additional funds are included in Contract Amendment No. 6 for the design of the Dewatering Building OCS. At the County's request, revisions shall be made to the current automatic control strategy for the process air blowers to serve Aeration Basins 4 through 7. Under the control strategy in the "as-bid" contract documents, air output from the blowers would be automatically controlled in proportion to the amount of plant influent wastewater flow. The County has since requested that the air output also be automatically controlled to maintain a dissolved oxygen level setpoint within the aeration basins. The current design shall be revised to incorporate a "compound-loop" control strategy, in which the air output from the blowers is controlled based on influent flow, and then "fine-tuned" based on dissolved oxygen levels in the aeration basins. This concept has been agreed upon with the Wastewater Department. The initial construction periods for this project were 20 months for Substantial Completion and 22 months for Final Completion. During the bid period, several contractors r,aquested that the construction duration be extended to account for diff;culties in obtaining aaequate construction manpower in the Collier Counl. y/ Lee County labor market. It was mutually agreed between the County and the Engineer to extend the construction period by three months. The additional three months in construction duration will require additional construction management services for Contract Administration (construction progress meetings, project management) and Detailed Observation (normal and specialty inspections). 4. A partnering session has been requested by the County to foster good communicati~ I~0 and cooperation between the Contractor, the County and the Engineer during tl'~e construction project. An outside consultant was hired. The costs will be shared equa~Y between the three parties. The Engineer will compensate the outside partnering ! ;';. 7 _ consultant directly for the County's share. Compensation included in this amendment represents the County's reimbursement to the Engineer for the County's share. These Service's described above in Schedule A shall be provided in accordance with the Professional Services Contract Agreement dated May 14, 1996. All other ~-equirements of the original Contract Agreement shall remain as-is except as amended. DEC 1999 I-- Z I.iJ IJ.I EXECUTIVE SUMMARY APPROVE {2H&NGE ORDER TO Tile NORTH COUNTY WA'FF_~ IIECLAMATION I*ACILITY RECLAIMED WATER PUMPING STATION UPGRADES PROJECT,. BID 98-2812, PROJECT 74024 OBJECTIVE: That the Board of County Commissioners, as Ex42)fticio the Governing Board of the Collier County Water-Sewer District, approve a Change Order to the construction contract ~4th Milrtrir Construction, Inc., related to the North County Water ..Reclamation Facility (NCWRF) Reclaimed Water Ptunping Station project. CONSIDERATION: This Change Order will incorporate the following improvement: Furnish _a~_~d ins_tall _a n___ew C~ate_rpillar ge~_erg~oyj~ ~JJeJ~ O£Lep~ai~n~g __an_d l!p~'affm~ ~b~e ~e~x~isting nine-year-old on-site generator (add $12,12'5.00). This i~em is more ~uily explained in Vne attached Change Ch'der. The existing generator was placed in service 9 years ago and required rehabilitation and upgrades to function as intended. This change order provides a new Caterpillar generator which will offer many more years of reliable service at an e. Clu~able price. A summary of change orders m-date on this project is provided as follows: Amount Days to Days to Substantial Final Completion Completion Original Contract Sum of previous changes Proposed Change Order Revised Contract $795,000.00 291 319 $0.00 0 0 $12,125.00 105 105 $807,125.00 396 424 (11/01/99) (11/29/99) The xecently upgraded pumping station became operational on'the revised substantial completion date of November 1, 1999. The additional time is for a manufacturing delay in 'the shipment of · ~.~ IMPACT_.' A budget amendment in the amount of $12,125.00 wilt be required to · transfer funds fi.om Wastewater Capital Reserves to project 74024 to fund this work. The source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: None DEC 1999 PG. / , Executive Summary Approve Change Order To NCWRF Reclaimed Water Pumping Station Upgrades Page 2 RECOMMENDATIONS: That the Board of COunty Commissioners, as Ex-Officio the Governing Board of thc Collier Coun .ty Water-Sewer District, approve the necessary budget amendment, and approve and authorize the Public Works Engineering Department Director to execute a Change Order for the NCWRF Reclaimed Water Pumping Station Upgrades, Bid 98- 2812, Project 74024. Peter Schatt, PIMP, Project Manager ~Bl,jt-~q~ Publicf.h Works. ~Engineering..,~ Department \ ! _"-Z/ ( ' ,7~/--~ B REVIEWED ¥: f./feffBibby, P.E., Director Public Works Engineering Departrnent Date:,,, Date: //~ '~/~"' ? J c(~ C~ii~a-n~, Wastewater Director Public Works Division Date: ll[$alqq APPROVED B~~ Date: ~:~:/'~ ~c'~ Ed i~schn~r, Administrator Public Works Division PS attachment: Copy of Proposed Change Order Budget Amendment DEC 1 4 1999 CHANGE ORDER TO: Milmir Construction, Inc. FROM: Collier County Government ! 617 Rowe Avenue 3301 East Tamiami Trail, Bldg. D Jacksonville, FL 32208 Naples, Florida 34112 Project Name: NCRWWTF Reclaimed Water Pumping Station Upgrades Construction Agreement Dated: September 21, 1998 Bid No.: 98-2812 Change Order No.: 1 Date: September 30, 1999 Change Order Description: Furnish and install one new generator set rated at 350 kW in lieu of modifying the existing generator set. The new generator shall be 60 hertz, 480 volts or 0.8 P.F. with features as described in Milmir proposals dated March 9, 1999 and July 20, 1999. The existing generator will become the property, of the Contractor. Original agreement amount ........................................................................ $ Sum of previous change orders amount ..................................................... This Change Order Amount [add] ............................................................. $ Revised Agreement Amount ........................................................................ $ Original contract time in calendar days .................................... A~iusted number of calendar days due 1o previous change orders ..... This change order adjusted time is .......................................... Original Notice to Proceed date .......................................................... Original substantial completion date ....................................... Revised substantial completion date ....................................... Completion date based on original contract time ................................ Revised completion date ...................................................................... 795,0O0.00 0.00 12,125.00 807,125.00 319 days 0 days 105 days 424 days 10/1/98 7/19/99 11/1/99 8/16/99 i i/29/99 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, t[3e cJv~nge set forth herein, including claims for impact and delay costs. atHolfi/~ontes & Associates, Inc. Reviewed by: ?~J~~ Peter Schalt, PMP, Project Manager Collier County Public Works Engineering Department ~o~ald L: Klos~ -- -Miimir Construction, inc. Date: Approved by: JeffBibby, P.E., Director Collier Coxmty Public }Vorks F. sngineering Department Authorized by: ~ Jostl~h Che~tharn, Wastewater Director Colh'er County Public Works Division Date: Date: (For Use by Owner: Fund: 412 Cost Center: 273511 Object Code: 700000 W:\I997xI997042LII I Change Orders Change Order No 1\19990910-ncw-col .doc -- AG~I~A I £ -- Project No.: 7102t~.~ COLLIER COUNTY NORTH COUNTY WWTF REUSE PUMP STATION iMPROVEMENTS COUNTY BID NO. 98-2812 HMA Project No. 1997042 CHANGE ORDER NO. 1 ATTACHMENT A DESCRIPTION OF CHANGES Item No. Description of Change Cost 1 $12,125.00 Furnish and install one new generator set rated at 350 KW in lieu of modifying the existing generator set. The 'new generator shall be 60 hertz, 480 volts or 0.8 P.F. with features as described in Milmjr proposals dated March 9, t999 and July 20, 1999. The existing generator will become the property of the Contractor. C:\windows\TEMP\1999091 O-co I -altac h- doc ,COLLtER COUNTY NORTH COUNTY WWTF REUSE PUMP STATION iMPROVEMENTS COUNTY BID NO. 98-2812 HMA Project No. 1997042 CHANGE ORDER NO. 1 ATTACHMENT B JUSTIFICATION FOR CHANGES Item No. Justification for Changes i The County initiated this change based on a proposal from the contractor to furnish a -new generator in lieu of repairing the existing generator. The existing generator was placed in service 9 years ago and required _r~habilitatic~n ~,nd ~tpgrades to ~fiancfion as intended. The contractor's proposal presented an opportunity to purchase a ~new CAT generator which will offer many years of reliable service at an equitable price. C:'xwindows\TEMp\_19990910~_n! ~ac~,'h- ~ 1999 C-OLLIF_aR-COUNT-Y NORTH COUNTY WWTF REUSE PUMP STATION IMPROVEMENTS COUNTY BID NO. 98-2812 HMA Project No. 1997042 CHANGE ORDER NO. 1 ATTACHMENT C SUPPORTIVE DOCUMI~NTATIO~ Item No. Document Description Document Date 1 · Milmir Proposed Change Order No. 00001 03/09/99 2 · Milmir Proposed Change Order No. 00004 07/20/99 3 · Milmir Letter requesting Time Extension 09/24/99 C : \ win_flow$\ Tg~M P\ ! 9990910-co! Milmir Construction, P.O. Box 9400-A 1617 Rowe Ave. Jacksonville, FL 32208 Phone: {904) 768-2300 Fax: (904) 768-6494 I~i.~DPOSED CHANGE ORDER No. 00001 TITLE: New 350 KW Generator DATE: 3/9/99 PROJECT: NCRWWTP Reuse Pump Station Mods. TO: Hole, Montes & Associates P.O.Box 1586 715 Temh Street South Naples, Fl. 33939 ATTN: Bob Burbrink, PE JOB: 98-002 CONTRACT NO: RE: To: From: Number: DES:C~TiON .OF PROpOSAL:.:.i i i i: : ::: ..... .:: ..... : :r We will ~sh and install one (1) new Caterpill~r generator set rated at 350 ekW, 60H, 480 volts at 0.8 power factor with lhe aVtachment~ included i~ the attached Pamropic Power proposal dated March 8, 1999. in afiditionio~the additionai cost of $97,~1.OO the owner agrees to allow Pantmpic Power to lake .posession of the existing 350 ekW Cummina/Onan generator set and accessones (excluding enclosure) currently located at the NCRWWTP Reuse Pump Station. Due to schedule con.q, raints we are proceeding with ti'ds contract change based on lhe verbal acc. zt~ance of the oamer on t',~rch 5, 1999. lJnit Cost: $O tm Unit ~ax: $~ Lump Sum: S9,481.00 -Lump Tax: $0.00 Total: $9,481.00 APPROVAL: By: Date: Exp~uon bg[aYd [.. Klose By: Date: DEC I 6 1999 Bob Burbrink, PE AG~I~A IT£~' x DEC 1 4 1999 E Pantropic ] wer NO. C~?L3 March 8, 1999 Mr. Don Kiose Milmir Construction. Inc. 1617 Rowe Avenue Jacksonville, Florida 32208 Dear Mr. Don F.J~se In a¢co~lance.with our discussion we are pleased to submit the following confirmation of our venal ~.uote. Pantmpic Power Products. Inc. ~proDose$ to furnish this equipment at the attached quoted price. We will arrange for initial start-up services at no additional charge. These services include a check (~f wiring continuity, safety shuloffs and controls; including aulomatic transfer switches, on and relatec~ to the unft mat we supply. A toad bank test is also included per tl~e specifications. We wit! arrange for the tosd trunks end the personnel to conduct the test,'however we 100k to you to provide the fuel fortne test. Thank you for (he .opporlunity of quoting this project. Pantroplc Power Pmoucts, Inc. remains at your .~inc, erel), yours, Paul Whlttcn Pantropic Power Products, Inc. Power Systems Sales Phone: 941-337-4222 Fax: S~1-337-4211 Miami 8205 NW 58 Stria: Miami. FL ~316G3~06 (305) 592-49,~ FAJ((305) ~-,"'7-19~.3 Miami River 801 NW M,aml. FL (."-05) 32~-~2'25 FAX (3,05) Fort L. au~3er~alu 2501 Slate Ror. C ~4 Ft. L.auCzrd~le. FL 333~2 (~5') 797-7972 F.~t f~) 7~1.771~ Mat~lhon 700 3'~.''~n 5iraet ~uif r.~aramcn. FL 33050 [3051 743-8775 F~,X 13,35) 74,3-45.3.~ 03/U~/99 14:L::~ 2471R'OCKFILL HD - ~J~4 Yb~ b4~4 I~U. k3gd.3 an ,opic Po er March 8, lggg Quote: ggPWG0014 To: Milmir Construt~tion -Attention: Mr. Don Klose Re: 350 ekW Generator Exchange Regaling our recenl telephone conversation we wish to confirm that Pantropic Power Products, Inc. ·vill provide one new Caterpillar generator set rated 350 ekW. 60 hertz. 480 volts at 08 ~er favor with the a~achment5 inciuoeO bel~ in ex~ange ~r [he used 350 ekW Cummin~Onan gene~tor set a~e~odes (~uding enclosure) c~ently lo~t~ at ~e NCR~F p~ping station. ~hls offer is bas~ on the promise that the useC generator is in gOOd o~ting conQA~on. The quote~ amount on Pammpic Power Pr~u~5. Inc. ~uote 98PJBD029. ~a~d JCy 9.1S98 will remain ~ and the Government of ~=llier County will release ~antmpic Power ~r~u~s. Inc. ~mm ~do~ing any wo~ on the Cummin~Onan generator as s~fi~ for Proje~ 930980~. T~e Govemmem of Collier County also provide the ~tachements A~ized at the end of this quot~ion for the n~ generator~. Pantmpic Po~er Pr~u~. inc. wi, ~ve me C~mmin~Onan Oe.qera[~r 5e~ tr~m ~e jobsite. Removing enclosure. ~{5~nne~ing the ele~nc ~nd fue~ lines is by ~t~. 3406 AIR INLET SYSTEM AF::TERCOOLER CORE. MATERIAL: COPPER (TA ENGINE ONLY~ AIR CLEANER. REGULAR DUTY, PANEL TYPE WITH SERVICE INDICATOR TURBOCHARGER, 1~;2 MM (6 IN) OD STP-,AIG~ CONNECTION CONTROL SYSTEM GOVERNOR, HYDRA-MECHANiCAL (3 PERCENT SPEED REGULATION) COOUNG SYSTEM DFC, IN LINES WITH VAL~E ~ L'O,~_~R,"F. AN ~ND =F,AN'DIR I~E ;~/IT.H :'G UAfR-D S {GUARDS MEET CRITERIA FOR IEC STANDARD AND OSHA REGULATION) · RADIATOR. ENGINE MOUNTED (INCLUDES DUCT FLANGE AND GUARD) .JACKET WATER PUMP. GEAR DRIVEN. CE,,,TRIFU,=,~. · COOLANT LEVE. L SENSOR EXHAUgT SYSTEM EXHAUST MANIFOLD, DRY. 152 MM (6 tN) DIA. OUTLET WITH SQUAf:~E. FLANGE "FLEXIBLE F1T'TING - ANSI FLANGE FLYWHEELS & FLYWHEEL HOUSINGS FLYWHEEL. SAR NO. 1: 113 TEETH FLYWHEEL HOUSING. SAR NO. 1 ,Miami ££05 NW 5~, S~rea~ Mi&m;. FL 33166-3406 F,kX, (305) ¢77-19~3 M~ a~r.i ~'L Fort Fun Myer-... FL 33,916-4.&2~ (6~1) 357.422~ 1~:21 ~471ROCK?ILL RD -. ~4 76~ 6~9~ N0.083 Re: 350 ekW Generator Exchange Qutoe: 99PWG00~4 FUEL SYSTEM FUEL FILTERS. SPIN ON. LH FUEL PRIMING PUMP, L-H FUEL TRANSFER PUMP 'PRIMARY FUEL FILTER GENERATORS AND GENERATOR ATTACHMENTS ~BRUSHLE$S SELF EXCITED SR4@ GENERATOR INCLUDES VR3 VOLTAGE REGULATOR. iNSTRUMENTATION CONTROL PANEL. R~,R FACING. MOUNTED ON GENERATOR TERMINAL {)OX. S'TANDA'RD GENEP. ATOR CONTROLS AND MONITORING: OIGITAL AMMETER, VOLTMETER, AND FREQUENCY METEE AMMETEP. A/OLTMETER PHASE SELECTOR SWFTCH VOLTAGE ADJUST RHEOSTA'F STANDARO ENGINE CONTROLS AND MONITORING: AUTOMATIC/MANUAL START STOP CONTROL -ENGINE CONTROL SWITCH FOR OFF/RESET. AUTO START, MANUAL START. STOP CYCLE COOLDOWN TIMER EMERGENCY STOP PUSHEiUT'rON SAFETY SHUTDOWN PROTECTION AND LED INDICATORS FOR: .. LOW OIL PRESSURE. LOW tOLE 69 KPA (10 PSi): HIGH IDLE 207 KPA (30 Ps~). HIGH COOLANT TEMPERATURE t07 C (225 F) OVERCR. ANK OVERSPEED. 118 PERCENT OF RATED SPEED EMERGENCY STOP SPARE ALARM ,SPARE SHUTDOWN DIGITAL DISPLAY FOR: COOLANT TEMPERATURE O~L PRESSURE SERVICE HOURS SYSTEM DC VOLTS 'Al-ARM MODULE - NFPA 110 LUBE SYSTEM CRANKCASE BREATHER, TOP ,MOUNTF...D, 35 MM (1.38) OD OUTLET OIL COOLER OIL FILLER IN VALVE COVER AND DIPSTICK. RH OIL FILTER. SPIN ON. RH LUBRICATING OIL. SAtE 1OW/30 OIL DRAIN LINES WITH VALVE SHALLOW OIL PAN FUMES DISPOSAL i DEC 1999 14:21 2471ROCKFILL RD - 9~4 ?68 6494 N0.085 IRe: 350 ekW Gener~tor Exchange Quote: 9gPwGo014 MOUNTING SYSTEM BASE. FORMED STEEL LINEAR VIBRATION ISOLATORS BE'TVVEEN BASE AND ENGINE-GENEI:LATOR "END CAPS FOR STANDARD BASE PROTECTION SYSTEM SHUTOFF, SOLENOID. 24 VOLT HY'Dt;:~-MECHANICAL GOVERNOR -- ENERGIZED TO RUN STARTING SYSTEM SINGLE 24 VOLT LH ELECTRIC STARTING MOTOR GENERAL PAINT, CATERPILLAR Y.E. LLOW LIFTING EYES LITERATURE PARTS BOOK D.RAWJNG FDR 3.2.9-4D~2 ELECTRONIC MODULAR CDNTRC)L PAJ~.F_L '.AP_PJ,_IC AILOB .ItsLDLCATDg~ ',STANDBY POWER APPLICATION 'CHARGING SYSTEM 'CHARGING ALTERNATOR 24V 35 AMP "GENERATOR POWER TERMINATION EQUIPMENT 'CIRCUIT BREAKER W/ST 500 AMP "TESTS "GEN SET TEST CHG AT 0.8 PF *GENERATOR TEST REPORT ATTACHMENTS TO .BE FURNISHED ,BY THE GOVERNMENT OF COLLIER COUNTY "AC power latlure 'High DC voltage alarm 'CRITICAL Grade Silencer '8" R.AINCAP '8"GAWK.ET KIT '8" PIPE FLANGE '90 DEGREE ELBOW 'Dual Manifolc~ Fuel FilterfWater Separalor DEC 4 199,9 N0.083 Re: 350.ekW Generator Exchange '76 Gallon U L Lis~e~l [:)ay Tank 'High level cutout 'Local/remote high fuel alarm 'Local/remote Iow fuel alarm ~'Ovediow Basin "E.x'temal Vent Cap90 'W.eatherproof cover 'Palming Tee '1" manuel shut off valve '"Vibration Isolators Batteries 'Batter~ acicl i~or 8D bat1. 'Cable Kit "Bat'ter~ Cases - 8D Quote: ggPWG0014 F.O.B. Jobsi~ $8,171.00 ,EXTENDF_.D TE'i~M$ THE Pantropic Power Products. Inc. IS AN EQUIPMENT SUPPLIER ONLY. THE CUSTOMER IS RESPONSIBLE FOR ANY AND.ALL INSTALLATION OF THE ABOVE EQUIPMENT. ALL EQUIPMENT NEEDED TO PERFORM ANY LOADING OR UNLOADING OF THE EQUIPMENT SUPPLIED BY Pantroplc Power Proclucts, Inc. IS THE RESPONSIBILITY OF THE BUYER. THE Pantropic Power Products, Inc. LIMITS THE SCOPE OF SUPPLY FOR THIS QUOTATION TO THE EQUIPMENT AND SERVICES LISTED IN OUR BILL OF MATERIAL. UNLESS SPECIFICALLY LISTED tN OUR BILL OF MATERIAL, EQUIPMENT NOT INDICATED IS ASSUMED TO BE SUPPLIED BY OTHERS. WE HAVE DETAILED THE EQUIPMENT PROPOSED IN THE BILL OF MATERIAL. PLEASE CHECK IT TO BE CERTAIN THAT IT MEETS YOUR REQUIREMENTS, WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS. STANDARD WARRANTY OF THE MANUFACTURER APPLIES. COPIES ARE AVAILABLE FROM THE MANUFACTURER UPON REQUEST. Pantropic Power Products, Inc. '~-"'TANDARD AND EXTENDED TERMS AND CONDITIONS ARE INCLUDED IN THE QUOTATION AND -HEREBY BECOME PART OF THIS QUOTATION. THESE SAME TERMS NF~=I3 TO BE NOTED ON ANY PURCHASE ORDER RECEIVED BY Pantr~pic Power Products, inc. Respectfutly. '~Pantmpic Power Procluct$. Inc. Paul Wh~en Power Sy~-'tem$ Sales 5 ilmir Construction,'r3tc. P.O. Box 9400-A 1617 Rowe Ave. Jack.sonvillefFL 32208 Phone: "Fax: (904) 768-2300 (904) 7684494 P.~.~ POSED CHANGE ORDER No. 00004 TITLE: Up-Grade 350 kW Genset PROJECT: NCRVvWv'TP Reuse Pump Station Mods. TO: Attn: H. Clifford Pepper III Hole, Montes & Associates " P.O.Box 1586 - 715 Tenth Street South Naples, Fl. 33939 Phone: 1-941-262-4617 Fax: 1-941-262-6528 DATE: 7/20/99 JOB: 98-002 ,.L:~_ ~_ 3 CONTRACT NO: 1 RE: To: From: Number: DESCRI:PTION :OF:P-ROPO~A.L: :::: Per the attached letter from TLC dated June 8, 1999, and in accordance with the approved 350 kW generator re~ubmittal, returned lhis ~tam: wepropose to add the following features to the 350kW generator: * Isochronousgovernor. $822.00 * 105-degree C alternator with 2/3 pitch windings with permanent magnet exmter. $1,566.00 * t224egree radiator. $0.00 * ?00-amp, 80% rated line circuit breaker. $256.00 * Battery charge~ ~vith a 24-htmx eCltmli~t-~. $0.0t3 ~l'he~ab~antiat completion date and final completion datcs v&ll need to be cxtended 70 calendar days based on 8-I0 week dehvery window beginning this date (date of release for manufacturer). Unit Cost: $0.00 'Unit Tax: $0.00 Lump Sum: $2,644.00 Lump Tax: $0.00 Total: $2,644.00 APPROVAL: By: DEC 1 'q Date: Donald L. Klose 7/20/99 Date: ~'g- /7 H.Clifford Pepper III j~[-QH; U:O$ FROI~-%C 'l'lLeEf( LO~Z Tilden.Lobn.itz Cooper En. gineeri~g for Architecture J~ne 8, 1999 · Mr. Clifford Pepper I11, P.E. Hole/Montes & Associates P.O. Box 1586 715 Tenth Street South Naples, FI. 33939 Re: NCRWVVTRF - Pump Station Modifications: TLC ftA98011; g41-z?$-3511 T-t53 P.01/Ol Milmir 350KW Genset Dear Clifford. The~pmt:x~e of this letter is to document the decisions reached in yesterday's progress was givenverbal approval on the 350KW genset"Submittals' as modified by our review. The following represents the accepted changes and contractor pdcing from his Apdi 27=` letter. · Isochron°us govemor.'The contractor indicates a cost of $822.00 for thi~ item. · ~AlternatOr,rating.-;Provide a.minimum of 105-degree C altemator-w~th 2/3 pitch -windings and with permanent magnet exciter. The contractor indicates a cost of $1,566.00 for this item. ' Cooling systere'radiator. 'Provide a 122~degree radiator. The contractor indicates providing the 122 degree radiator at no additional cost. · ' Line circuit breaker. Provide the unit with a 700amp; 80% rated line circuit breaker. The contrac~or indicates a~ addftional cost to the owner of $Z56,00. · Battery Charger. The contractor indicates furnishing the battery charger with the 24- . hour equalizer timer at no additional cost. The total change order.is $2,644.00. Ifyou have any questions, or should this require 'further discus.sion, please The at 275- 4240. Sincerely, /2 Don Williams, PE Director of Electrical Engineering Milmir Construction, Inc. P.O. Box 9400-A Jacksonville, FL 32208 Phone: Fax: (904) 768-2300 (904) 768-6494 September 24, 1999 Hole, Montes & Associates P.O.Box 1586 715 Tenth Street Somt~ Naples, Ft. 33939 Attn: H. Clifford Pepper III Project: NCRWWTP Reuse Pump Station Mods. Re: 350 kW Genset Delivery Project #: 98-2812 Job #: 98~002 Dear Mr. Pepper: Per the attached letter from Mr. Paul Whit-ten, of Pantropic Power, you will see that the deliver5, ,4;,' ~ of the 350 kW generator has been delayed an a,,d,do,,al five weeks from Se original delivery date of August 23, 1999. Based on this delay being totally beyond our control we are requesting the total calendar day extension associated with our 'Proposed Change Order No. 04 be increased to a total of 105 calendar days/'or both substantial and final completion dates. Sincerely, Donald L. Klose Vice President CC: Pete Schalt, PWED; Jimmy Brock, Supt End. Pantropic Power Letter DEC i lggg ! antroplc wer Pintrot:Xc ~'ov, mr Pro~uc1~. 1617 Rowe Avenue J_~"~LI¢, Flc~da 32208 l~c: 3S0 p. kW C~ncz~tor ~,gain-~eal~Vrogizc-for any incow, cmence lllis may'ha'~ caused you or yoos customer ~az,~ call me at 941-337-4222 if we can bt: ofa~-a.~istam~. Paul Whiten ?ow=z Sy~ns Sales ~ NW S~ Stre~et · 4tami. FI_ 306) 502-4,~ :age (306) 477-1643 Miami, FL 3312e.1:~:79 (:~:L5) 324..422S FL Leu¢ler~ale. FL 3.3312 (O .~ ) 7gZ-?e?Z DEC I zr 1999 ! EXECUTIVE SUMMARY APPROVE CONDITIONAL ACCEPTANCE OF RIGHT-OF-WAY CONVEYANCE BY LONG BAY PARTNERS, LLC, AND ATTENDANT ROAD IMPACT FEE CREDIT AMOUNT FOR LIVINGSTON ROAD IMPROVEMENTS NORTH OF IMMOKALEE ROAD, SUBJECT TO ENTRY INTO A DEVELOPER CONTRIBUTION AGREEMENT. OBJECTIVE: Conditional Board approval of negotiated right-of-way and Road Impact Fee Credits for Livingston Road, subject to the timely execution of an acceptable Developer Contribution Agreement with Long Bay Partners, LLC. CONSIDERATIONS: On November 23, 1999 under Agenda Item No. 16(B)(11), the Board entered into a First Amendment Agreement with Long Bay Partners, LLC, (LBP) for the purpose of clarifying certain developer obligations for Livingston Road construction. The originating Developer Contribution Agreement (DCA) with LBP is dated February 17, 1998. As reported to the Board under the referenced Agenda Item, LBP plans to commence construction activities in approximately 45 calendar days. Consistent with the DCA, staff is converging on the completion of design, permitting, and fight-of-way acquisition functions by December 31, 1999, and LBP stands ready to begin construction of two initial lanes of Livingston Road in exchange for Road Impact Fee Credits. Three miles of Livingston Road shall be constructed north of Immokalee Road. The timely acquisition of remaining right-of-way is critical to meeting the construction schedule. With the favorable eminent domain hearing held on December 2, 1999, coupled with prior negotiated land purchases, staff has now obtained legal rights to all right-of-way for the first two miles north of Immokatee Road. LBP is the primary owner of right-of-way along the third north/south mile to the Lee/Collier line. Additionally, LBP owns approximately one mile of designated right-of-way along the future east/west segment of Livingston Road. The two miles of outstanding right-of-way needed from LBP varies in width between 100 and 200 feet, approximates 35.225 acres, is part of the Mediterra P.U.D. transportation commitments, and has been formally appraised for market value by the County's contract appraiser Kenneth R. Devos, MAI. Pursuant to a recent meeting between representatives of the developer, the County Attorney's Office, the Real Property Management Department, and the Public Works Engineering Department, the parties have reached en accord on the right-of-way configurations and appraised market value. As stipulated in the February 17, 1998 DCA and subsequent amendments, the total appraised value of all LBP owned right-of-way bordering the Mediterra P.U.D. in the amount of $1,232,900 is payable unto LBP in the form of Road Impact Fee Credits. To effectuate the granting of Road Impact Fee Credits, staff is formulating and negotiating a follow up Developer Contribution Agreement with LBP. It is expected that this follow up Developer Contribution Agreement for fight-of-way will be rendered in final form for execution and recording within approximately 60 days. So as to maintain the project schedule for Livingston Road construction and opening to public traffic, staff recommends that acquisition of LBP right-of-way be T I~ _ DEC 1 q 1999 Executive Summary --- Page 2 Livingston Road Right-of-Way accelerated by several months. The Board is requested to conditionally accept the right-of-way certified by the attached legal descriptions and also to conditionally approve the granting of Road Impact Fee Credits to LBP in the amount of $1,232,900, subject to entry into a impact fee related Developer Contribution Agreement within approximately 60 days of Board action herein. Such conditional acceptance and approval by the Board will enable staff to authorize LBP to immediately commence with construction. It is emphasized that execution of the impact fee related Developer Contribution Agreement cannot and will not occur until requisite real property documents such as title commitments, warranty deeds, and subordination instruments are submitted and approved by the County Attorney. The accelerated approach to acquiring right-of-way from LBP is deemed to be in the best interest of the County. Staff recommends Board approval. FISCAL IMPACT: There is no planned expenditure of funds as a result of staff recomrnendations and Board approvals outlined in this report. Outlay of monies for Livingston Road construction shall be made by LBP in accord with the originating Developer Contribution Agreement dated February 17, 1998 and subsequent amendments. Said Road Impact Fee Credit in the total arnount of $1,232,900 is not anticipated to adversely affect the cash flow or liquidity of funds in Road Impact Fee District 1 (Fund 331). 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: (1) conditionally accept the right-of-way depicted by the attached certified legal descriptions and conditionally approve Road Impact Fee Credits for Livingston Road in the amount of $1,232,900, subject to LBP's strict compliance with all stipulations in this report; (2) direct staff to accept proper conveyance documents and other criteria, and to record such documents to obtain clear title to the property upon approval by the County Attorney; (3) direct the Board Chairwoman to execute the follow up impact fee related Developer Contribution Agreement with LBP upon presentation by staff with a pr/or legal sufficiency approval by the County Attorney; and (4) approve any Budget Amendments that may be require .~-~-) Vladimir A. Ryziw, P.E.,q~dl~, Project Manager III Public Works Engineering Department REVIEWED BY: ffff Bibby, P.E.~ Director - Public Works Engineering Department Date: Date DEC I 1999 Executive Summary --- Page 3 Livingston Road Right-of-Way REVIEWED BY: Edward J. Kant, P.~.,/D~/ector Treatment APPROVED BY-' Ed Ilschner, dministrator, Public Works Division Date / 2~.~~ 75 Date m DEC lq1999 [ L~ i. OEC I~1999 Pre servin9 and onhancing Florida's quahty of hfe 5~nce ! 966 HMA PROJECT #1985031-A-101 HOLE, MONTES & ASSOCIATES, INC. 613/99 ENGINEERS PLANNERS SURYEYOR$ REF. DWG. #B-2663 PARCEL 1.05A-T REVISED A PARCEL OF LAND LOCATED IN PORTIONS OF SECTIONS 11 AND 12, TOWNSHIP 46 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.SO'41'OO'W., ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 2657.74 FEET TO THE SOUTHWEST CORNER OF SAIO SECTION 121 THENCE RUN S 80'41'15"W., ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 11. TOWNSHIP 48 SOUTH. RANGE 25 EAS F, FOR A DISTANCE OF 2650 25 t- EE F FO THE' S O UI [ tflW[.S1 CORIILR OF Tile SOUTHEAST QUARTER OF SAID SECTIQN 11, THENCE RUN N00'45'39'W., ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, FOR A DISTANCE OF 200 01 FEET TO A POINT 200 00 FEET NORTliERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OFIHE SOUTHEAST QUARTER OF SAID SECIlON 11;1HENCE RUN N88°41 '15'E., PARALLEL WI I H 1 lie SOU 1 tl LINE OF 1 lie SOUl ttEAST QUAH] ER OF SAID SECTION 111 FOR A DISTANCE OF 2650 32 FEET TO A POINT ON TIlE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECT~OW 11 THENCE BUN NSB'41'00'E. PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12. FOR A DISTANCE OF 2479.36 FEET; THENCE RUN N.42"00'53"E. FOR A DISTANCE OF 49.21 FEET: THENCE RUN N 04"41'21"E. FOR A DISTANCE OF 29 80 FEET; THENCE RUN N 00°52'45"E FOR A DISTANCE OF 24104 FEET:Tt4ENCERUNN07'07'5g"E FOR A DISTANCE OF 50 49 FEET: THENCE RUN N00'52'45'E FOR A DISTANCE OF 891 15 FEET TOAPOINT 100 00 FEET WESTERLY · OF, AS MEASURED AT RIGIIT ANGLES TO. TIlE EAST LINE OF THE SOUTI4WEST QUARTER OF SAID SEC i;ON 12, [ltF_NCL ;!,'.;ti h u0'q2 d,'W i~ARALLEL OF SAID SECTION 12, FOR A DISTANCE OF 76510 FEET; THENCE RUN S89"07'53"W FOR A DISTANCE OF 12 00 FEET; THENCE RUN N 0.0'52'07"W. FOR A DISTANCE OF 464 05 FEET; THENCE RUN N 12°39'22"E FOR A DISTANCE OF 51.31 FEET TO A POINT 100 00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE RUN · N 00°52'07'W. FOR A DISIANCE OF 1223 08 FEET TO A POINT ON TliE NORTtt LINE OF TIlE SOUI'HEAST CLJ:.P..TER OF THE NORTliWEST QUARTER OF SAID SECTION 12, THENCE RUN N 88"54'08"E, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 100,00 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID SECTION 12. THENCE RUN S00'52'07"E ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 12, FORA DISTANCE OF 3948.51 FEET TO THE POINT OF BEGINNING; CONTAINING 33.713 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 SOLITit, mANGE 25 EAST, AS BEING S 88'41'00'W HOLE, MONTES & ASSOCIATES, CERTIFICATE OF AUTHORIZATION LB #1772 BY P I. ,c, ti 37,11 GA~RIS S]A]E OF FLORIDA I DE(:: 1-4,999 / yw UP~: N [. ~/4, N.(:. t/,~, N.W. ~/4~ $[C. tiO0]2'OT'YV 105B-T [. LiN[ 14W ~/4 SI'C, 6~8,~9' HM. HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANi'~ERS SURVEYORS PARCEL ICS-B-T REVISED ./~ A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGIN AT THE NORTHEAST CORNER OF THE NORTtiWEST QUARTER OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA; THENCE RUN S O0"52'O7'E, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 658.39 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF TttE NORTHEAST QUARTER OF THE H()RTHWESTQUARTER OF SAID SECTION I?,IHENCE RUN S88'55'46'W.ALONGTHE SOUTH LINE OF THE ~OR1HEAS r QUAR [ ER ( :: ; tie NOt~.lldEAS f L~UARI ER OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 100 00 FEET TO A POINT 10000 FEETWESfERLYOF, AS MEASURED AT RIGHT AHGLES TO, THE EAST LIthE OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE RUN N 00°52'07"W. PARALLEL WITH THE EAST LINE OF Tt4E NORTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 658 44 FEET TO A POINT ON THE NORTH LINE OF THE NORTI4WEST QUARTER OF SAID SECTION 121 THENCE RUN N,88°57'26'E, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR'ADISTANCE OF 10000 FEET TO THE POINT OF BEGINNING CONTAiN;NS ; 5',£ ACRES. MORE OR LESS. Ti![~ PFOPERT'F IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD BEARI~;GS REt-ER TO THE EAST LINE OF TIlE NORTHWEST ©ttARTER OF SECTION 12, TOWNSHIP 48 SO~Jrli, t~AhGE 25EASF, k;OLLIERCOUNTY, FLORIDA, AS BEING $00'5207'E HOLE, MONTES & ASSOCIATES. INC CERTIFICATE OF AUTHORIZATION LB #1772 THOMASJ GARRIS STATE OF FLORIDA HMA PROJECT #1985031-A-101 ' 6-4-99 REF. DWG #B:2664 DEC I q 1999 '7 ' 'E CUTIYE SUMMARY BUDGET AMENDMENT FOR THE CONSTRUCTION OF SAFETY REFUGE SHELTERS. OBJECTIVE: To obtain Board approval of a budget amendment for the assembly of safety refuge _ ~hetters by Surety Construction Company, CON. SIDERATIONS: Per fiscal year-end close-out instructions, staff requested that the Clerk's Finance Department roll certain purchase orders into the new fiscal year as they pertained to on- going projects. The Purchasing Department was provided a copy of that request. On December 1, 1999, staff received an e-mail from the Fiaance Depam,aent stat/ag !hat the), hod closed Pm'chase Order ~t918004 for Surety Construction Company and that a carry forward budget amendment will 'be'needed to _open a ~--PO. shelters. A new purchase requisition was prepared and placed on hold pending Board approval of the budget amendment. FISCAL IMPACT: Funds in the amount of $32,000 were available in Road Construction Gas Tax ~Fund 313, 'Project '~69122 during last -fiscal year. Funds are ~available ~in ca~ry forwm-d as per the Clerk's ~Finance Dep~Ytrnent. GROWTH MANAGEMENT IMPACT: None ~I~.O~NDATION: That the Board approve a budget amendment, which was closed in error by the Clerk's Finance Department, so that staff can open a new purchase order for the contractor, Surety Construction Company. SUBMrrTED BY: -~Russe~jMuller, ~inee~~/ Edward 5Kan_~t ~portation Services Director APPROVED B-~~ ~ ~~~"~~~ ~tSrt~lt sCtlne?~uDii~ orKs ~m. ini~atol DATE: DATE: /2. ~ 7'~/ / DEC 1 1999 ~O., EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE THE CHAIRWOMAN TO SIGN ELECTRONIC SUBSCRIPTION AGREEMENT TO ENABLE LIBRARY TO SUBSCRIBE TO ELECTRONIC VERSIONS OF LITERATURE RESOURCE CENTER, BIOGRAPHY RESOURCE CENTER AND MARQUIS WHO'S WHO. O B J E C T I V E: Signature of Chairwoman on contract enabling Library to subscribe to electronic databases. C ON S I D ERA T I O NS: Many publishers of electronic data bases for libraries require a signed contract detailing acceptable uses of the electronic products, especially when full-text information is included. Publishers will not accept a signed purchase order instead of the contract. Gale Group requires the attached contract be signed in order for Collier County Public Library to obtain electronic access to the databases Literature Resource Center, Biography Resource Center and Marquis Who's Who. Currently print versions of some of these databases are purchased only for the Headquarters Library. The print versions include several series of reference books which require over 165 feet of shelf space. Both the cost of the materials and the cost of storage space prohibit the Library from duplicating the materials at any other location. Electronic access enables patrons at any Library location access to these valuable research materi- als. Included with the contract is permission to enable any registered Collier County Public Library user access to the information from any computer-whether it be a Library computer, a home computer or an office computer. FISCAL IMPACT: The cost of $22,862 was included in the Library's budget for electronic resources. (State Aid to Libraries, 129-156110-654380) GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends the Chairwoman be authorized to sign the attached h!foD-ac Subscription and License Agreement. Prepared by: Marilyn I~atthe~-A~sista-nt Director Reviewed and ~ ~~.,~ Approved by: __ . DATE: John W(. ~,o~,, Li*~Xy Di~e~o~ Reviewed and~' --'w'~'""-~/l Approved by: \k _~'L'~..~_~,..__~.-~'~, DATE: Thom~'~.-(}11i~715~ Services Administrator GROUP InfoTrac Subscription and License Agreement This lc::.:': .: .... : .... :m 33: :ct:',::;: hot,,, cch GALE GROUP, a Thomsou Corporatiou company, and you, the subscriber (herein referred to as "Subscriber"). U PO.'x' 5['.i '..' i :EiL',:!i'4'!..St .:~SCRILtEV, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. This a',~:'::,-mt;;: :., , :J:z !'~::' ,I;,: u.4c by thc Subscriber of the "Product" as defined below, and ally and all enhancements, modifications or alterations made [hCl'L'I.u i)'. (i:ii~ ~ l~ ~;iJ, ,~ii.~, ;ill', ',,. I'I',;t.'ll materials supplied by Gale Group under this agreement ("Agreement"). TEItMS ..X N h, 1 .(1 Product. Thc "Product" made subject to this Agreement consist of: La) the "Database(s)" ordered by Subscriber pursuant to the Im'CI'rac Purchase Agreement and any updates made thereto; Lb) the "Software" consisting of the search and retrieval software and .:.. c:::~: ~,~[lx, a~c produced and owned by Gale Group and any enhancemeuts made thereto; and Lc) the "Manu'-,ls" produced by cL:;c O:'o::p and :ons~sfing of user documentation relating to the Product. Gale Group reserves the right to edit, enhance, or modify l.it cn.~c Grant 2.1 Group hereby grants to Subscriber a non-transferable, non-exclusive license to use the Product according to the terms and ~ :;2i:~ ,ns of dfi~ A~reement. Subscriber will use the Product only for internal noncommercial purposes, will not use thc Product as a ::vt.:, :' .... , i'.,o:s for. a directory, database, or other publication prepared for sale or for any other form of distribution, and ~ill :~v:mcx duphcatc no: allot the Product ~n any way. This is a multi-user license and will entitle the Subscriber to utilize the Dataha~ct~), p~oxidcd, however, that the use of the Product will be limited to the authorized user base of the institution(s) licensing :::. ...; tlc -\gtccmc::: c: n"c' o an) ,~x~ rte:ship i~i[crcst ;r, thc Prodqc: Title, as well as alt applicable copyrights, patents, :._.2: >=..~ eL, ,,LJ; thc~ intellectual propnetar) rights of and to the Software and Database(s) is, and remains the property of Gale o: .,.:;, .~r:.J 'Tired Party Data Suppliers," as defined below, respectively. 2.3 ; :.: >.~ ~l,.~ arc .md Manuals are provided with RESTRICTED RIGHTS. The usc, duplication or disclosure by the federal government ..... ~:, az,..:- ..... ~,,-q co ~estnctions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software ........ : ] >F:d-'~ 252.227-7013 or subparagraphs Lc) (1) and (2) of the Commercial Computer Software Restricted Rights at 48CFR 52:2-' ';,~i 52 22% 14. as:~pplicablc. Manufactu;ct is Galc Group, 27500 Drake Road, FarmingtouHills, MI,48331. 3.ti l'i upFit'ti.'y l.h~;hts in the 1)artbase(s). 3.1 - ' .: th:: :~:2.:::,~',~ ledges that thc l)atabase(s) are propriclary to Gale Group and the Third Party Data Suppliers who have licensed ::: .... ', ti:H,: G~oup and that Subscriber shall have uo rights m the Database(s) other than as set forth in this Agreement. :';,, :~:i'.t [o :.~c thc Database(s) is conveyed to Subscriber except the right to use it for perfor,ning research, including training therein. 5ubsc:'Jbcr ma.', vtew the Database(s) on its terminal or may print limited excerpts of the data by printer (and may make limited copies o: .~,~.:r. p~h:tout; solely for purposes expressly permitted by this license. In no event may the Database(s) be uploaded, downloaded, ::.::, ::.:::ed ic,r :a:c o: coffveyance, or distributed in any way by Subscriber except as expressly permitted by this liccnse, 4.0 [.'sc 1,restrictions. 4.1 ,iia,l o~:3, be ased by the faculty, staff, =tudents, patrons and employees of Subscriber ("Authorized Users ). cot:rained in the Database(s) (or portions thereof) may not be duplicated or disseminated in hardcopy or machine ~thout tile prior written consent of Gale Group, except that each authorized user may print or download electronically c:<ccrpts of records contained in th,: Databa.;u(s) for nonprofit educational purposes or for use only by such Usc~ to support his or her personal research needs. Under no circumstances may printed or electronically stored copies this Sc;trion be offered for resale or redistribution. 4.2 form, whether it is optical disc, magnetic disc, magnetic tape, or any .1-! ,. ~- , ~ ,)*~,~D.hCt_s 11~.;1)' {lOt bc COl)led in any machine-readable · Jtticr Iorln currclltly existing or developed in ti~c futurf' 5ubScl'ii i- mri~ ,or mod:fy merge, or include any portion ~ ,~. i:h .': rotc: tm, ,d~: data or aoftwarc Subscriber may not prepare publications from the Database(s) for distribution exce~* i 4.3 4.4 5.0 6.0 0.1 0.2 9.() 12.0 13.1) !).::.~ Suppliers nray provide additional terms and conditions affecting the Subscriber's use of the Database(s) which will ,m~ ,.\.g~cumcnt or supplied m wrhiug sel):u'atcly to Subscriber. Such lcrms and condhions will prevail and control ant l)amba: c(,).~x ct' any conflicting term3 cc)ht:lhl~d ]le~cill. Subscriber agrees that this Agreement. to Ibc extent it }L~tabasc(;) c,mtaincd in thc Product. may bc c~forccd by the Third Party Data Supplier. m.::.'~:al in thc Da:abasctsl is from copyrighted pubhcations of the respective copyright claimants. Subscriber is referred to the data appearing in the bibliographic citations, as v, cll as to the copyright notices appearing in the original publication, all .. ..... ' · '*',,: 2~corporated by' rcfcrc:}cc Subscril>cr's Obligations. Su..,.':mcr agrees to the following: ~a~ to take al! necessary action to restrict and control the use, copying, protection and security of the Product among subscriber's .2, uH~oriz;:d IJsers and prevent access except to those permitted to have access by the terms of this Agreement; .. I.. ~ u t>5.:ii)c: :]',a> not permn dial-m access to the Database(s) to an authorized user unless such authorized user is issued a security pass',~orc b> Subscriber that controls access to the Database(s), or provide other means of verifying access to Authorized Users as ,.,.:l:..'~l h. -~.d_!,~:dum B ~Var:-illltics I):*,'F:z',i).-',>,E(S) AND SOFFWARE AP, E PROVIDED ",AS IS." WITHOUT WARRANTY OF ANY KIND. FURTHER, GALE GP, OUP NOR THE THIRD PAP, TY DATA SUPPLIERS WARRANTS. GUARANTEES OR MAKES ANY !!<'. '42 > !'iONS THAT SLIBSCI!IBEF'~; US_~? ~ >.[:. TI !E 1/:.TAtJ.'.,SE{S', OR SOFTWARE WILL BE UNINTERRUPTED OR ~:~,:!,',,,...~;,lz:. ,;I,t I'ItAT THE RESULTS OBTAINEI) WILL BE SUCCESSFUL OR WILL SATISFY SUBSCRIBER'S 'I!-~!TM E',,"?S GALE GROUP AND THE THIRD PARTY DATA SUPPLIERS MAKE NO REPRESENTATION OR ST': \~,1L4. TSOE\/ER. EITHER EXPRESSED OP, IMPLIED. AS TO THE ACCURACY OR COMPLETENESS OF THE ',::!! ,, :4 7'lie RESt'LTS TO BE OBTAINED FROM USING THE INFORMATION CONTAINED IN THE D.~'i.4is4SE(5> ©R THE RELATED DOCUMENTATION. INCLUDING. BUT NOT LIMITED TO ITS QUALITY, PERFOR.',I,*NCE. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SOFTWARE OR :~-'/:' -.!5 -,,>[:_ .; OR ANY iNFOR.',dATION CONTAINED IN SUCH DATABASE(S). THE ENTIRE RISK TO THE RESULTS Iq£i.H:(;i,:?~IANCE OF THE DATABASE[S) AND 5OFFWAP, E IS ASSUMED BY THE SUBSCRIBER AND THE FEE DUE 'Jills -\GP, EEMENT REFLECTS SUCH ASSL!MPTION OF RISK BY SUBSCRIBER :'. '.(* FL EN'! 5}4. ~,LL GALE GP, OUP OP, AN,,' THIRD PARTY DATA SUPPLIER BE LIABLE FOR DIRECT. INDIRECT, ' : ............ [z ..... ~ L, c&:..~ o',,)L,~L LiN i i.-,L D.\M.4GES ARISING OUT OFTHE USE OFOR INABILITY 'FO USE THE D-V!'Ab:\SE.,S } OR SO,~f'WAP, E OR FOR THE LOSS OR DAMAGE OF ANY NATURE CAUSED TO ANY PERSON AS A i<!iS:.:LT c,2- 'i~lE [.:SE OF THE DATABASE(S) OR SOFTWAP, E. IN NO EVENT SHALL GALE GROUP'S OR THIRD PARTY [ ).-VI'.R :-,L i'i'LiER'S LIABILITY UNDEP, THIS AGREEMENT EXCEED THE ANNUAL SUBSCRII:rI'ION FEE RECEIVED BY GALE (.5ROL i' FROM SUBSCP, IBER claims arising out of or relating to the violation by Gale Group or the Third Part), Data Suppliers of any property rights, the Subscriber agrees to indemnify Gale Group and the Third Patty Data Suppliers and against any tUladlhc'Izcd k:q' of Ibc sofi,,~are or Database(s) this Agreement shall be for thc twch'e (1 2) mooth period per Starl/End Date defined in Addendmn A. If not earlier ~]:'s:::r~ to Section S (b) hereof, thc Agreement shall be renev,,ed automatically for successive periods of one (1) year, unless ~-;,:~ ,' ~ittcn not,cc of ~t> into:mira m't t,) ~ert ',.~' m,t '.sss than sixty (60) days prior to the end of the then current term. :: .L_.: ,. }:, ~;':> ;i::t~ al all'~ tune (v. ithout pltuudicc lo its othcr rights or remedies) terminate this Agreement in whole or in part or ....:,. ::.:: ', ~,~:: of some or all of the Database(s): (i) x~id~ ~cspect ~o the delivery of any part of Database from any third party (a 3~>,:: .c' J. u2 ,~:: ~cque~t of ~uch Source or immediately upon tcrmiuation of Gale Group's agreement with such Source; (ii) upon 1::.:1, 3~, el;:i ~ ~not x~ r~tten notice to Sub>c~ib.r m thc c,,.nt ,)! :=lc brcpch of :his .,kgreement by Subscriber, unless Subscriber cures 2~;,:~ m.:...': ,,'.:::m ~ush timt> ()U) day period consideration for GaD Group's pcrforn'~ancc of its obligations under this Agreement. Subscriber shall pay to Gale fee specified in the Purchase Agreement and any applicable sales, use, excise, or similar taxes. The fee is due thor invoice date License. Upon termination of the Agreement b) Gale Group or Subscriber for any reason. Subscriber shall within artless otherwise agreed to in writing b5 Gale Group. return to Gale Group, at the Subscriber's expense, the Product mc:cc:- Sections 3.6 and 7 of this Acrccment shall snrvive an,,' expiration or termination of this A_oreement. Prohibiti,m of .Xssignmcnt. Neither this Agreement nor the license contained herein may be sub-licensed, assigned or transferred by l,-cc Ma.jcurc. Gage Group will not be responsible for delay or failure tu perform due to unforeseen circumstances or circumstances [-., ~.,: z , ,.:.z (;~, ,.;[>'~ control, including. ,,~ ithout lin:itations war, strikes, civil disturbances and Acts of God. Nuticc~..-',II nouccs, consents or other communications referred to herein will be in writing and will be sent to the oth{'~p~m, hu , ,, F~:s: ('l :s kl ~51 at thc ::pproprmte addrc>ses indicated b) th,: panic< Service of snch notice, consent or other commu~cJti;fi >c..rk? ..\mzit The Subscriber hereby grants Gale Group the right to audit, during regular business hours, use of the Database(s) to cn~:rc complmnce with this Agreement, including, witi~out limitation, the nunl~r of simultaneous users per~tted to access the D:uabasc(s) 15.t) i. Tm,, .ccubililv. Thc Third Party Data Suppliers retain their respective rights to enforce i~ trademarks, copyright, paten~, ~ade sccrct~ aad other nSf;ts against any violation fllercof. ~: ~ <; .~,~: ,.L:g [.a,~. ""ms Agreement shall ~ governed b) the laws of the State of Michigan, wi~out regard to that body of law  s doct:m::n mast be s~g:~ed and returned to Gale Group within 45 days of installation. I understand that by reading this I am bound by tcrn:s a::J ~-}:h2iti',ns hcrcht (I nstitution) BOAFO OF CO~117' CO01MISSIOOIERS OF COLL_rER O©L~Y'g~ FLORIDA By: Pa_me].a S. t.:ac'Kie, Chairwoman Date: A~'!': F~iG}-~i E. E_,zock, Clerk Approved as zo fowm and legal sufficiency: Thc~s 'C. Palmer ~ss5-;~ar';u Counuv ~ttorne} 1999 AI)I)ENDUM A START / ENI) UNLIMITI:.D or # CONCURRENT USERS I'RICE !,iT!,~'RATUI~E RESOURCE CENTER T~,\ A': ;;Z S AUTHORS SERiES intca:-ated to LRC 12/01/99 LO 12/31/2000 12/01/99to 12/31/2000 3 3 F J ! :;. '.:, .~'. :iRS iniug:-a;ud ~c) 12/'01/09 i~. 3 ILRC 12/31/2000 '~3 Center !MARQUIS \VHO'S \VHO 12/01/99to 12/31/20~0 12/01/99to 12/31/2000 Total .32nount: ~12000.00 $1672.00 $557.09 i86349.00 $2284.00 $22,862.00 ADDI~NI)UM B A[ !'F! !:7 ,,k."':' ', ,' i , ' ': . ..l,~-I *(' PATIN© N1EMBEP, LiBRAI>,IE$, WITH STREET ADDRESS AND IP ADDRESS ~,q~X~CUTtV~-SUMMARY A'W~ OF ~ID 99-3001 DIGITAL I'tiOTO ARCHIVAL SYSTEM FOR~FHE COLLIER COUNTY MUSEUM OI~ECTIVE,: CONSIDERATIONS: With an in-house digital archival system the Museum staff can insure the longevity and quality of photographic images in our collection, as well as facilitate the collection of images for the future, and significantly enhance the accessibility of the image archive tbr rt~.,at~ ~d pabhc, ation. B~s wer~ ~so~c~ed fi~om 99 potential supptie~ on ~ t 5, ! 999. ,}lids ~0re oponed on November 17, 1999, with one bidder responding. ~Staffhas Teviewed the bid'received and recommends award to Digital Technologies Group as the only qualified and ~'ponsive bidder. q~I~-,II~P~T: ~Funds~for'this~tuipment are'available in~the~Museum's'Fiscal year 2000 'budget, Fund 314. Total 'bid.award is $59,955. ·: - ~R-O~ I~aQ~A-G~T tt~IPA~-CT :- None. RECOMMENDATION: That the Board of County Commissioners award Bid 99-3001, Digital Photo Archival System to Digital Technologies Group, in the amount of $59,955.00. David SSuthall, Curator of Collections Reviewed by:~ C~. ~'f/~ Date: ~, Museum Director Approved b~ i~¢~~ Date: Public S~i~ A~im~ator ~ {-,, 0 EXECUTIVE SUMMARY AUTHORIZE STAFF TO UTILIZE A PORTION OF VETERANS COMMUNITY PARK FOR A I~ARK OPEN TO DOGS. 'Objective: That the Board of County. Commissioners authorize staff to utilize an existing unused portion of Veterans Community Park for a dog park by Resolution No. 99.._. Consideration: Parks and Recreation AdvisoD' Board and Staff continue to receive numerous requests to offer a park inhere owners may take their dogs to olay. At the October 27, t 999 the Parks and Recreation Advisory Board voted to make a recommendation to the Board of County Commissioners to use a small portion of Veterans Community Park as a test site for a dog park. Park ordinance 76-48 as amended prohibits dogs and other animals in all parks including beach areas except for County approved recreational special events. Currently approximately three acres of Velerans Communi _l_ly Park is unused and unim~roYefl. This ~ortion of~the~park -is ~tdjacent to Stone Bridge Golf Course, which is separated by an eight-foot high berm, therefore, noise levels would be Improvements to this parcel would cost an estimated $ t 5,000. This cost includes: fencing, water fountain, and mutt mitts (a pet pollution disposal system). The daily maintenance would consist of mowing, emptying trash receptacles, and periodically hosing park facilities and trees. This maintenance would be absorbed in the parks operating budget. rowth ~Managennent: None. · Fiscal Impact: Funds are available in Fund 368 Reserves. A budget amendment will transfer funds from Naples & Urban Collier Community Park impact Fees (F~md 368 Reserves).into Parks Capital Project.% Veterans Community, Park Project Fund. Recommendation: That the Board authorize the utilization of a portion of Veterans Community Park for a dog park on a trial basis, approve the accompanying Resolution and authorize the budget amendment. Prepared by: Ld0. '~,,' . ,,r-/,_ ~c ~ ,' Date: //,/&~.-.,.,' '~" Ya~nes Fitzek, Ope~ions M~ager Depament of Parks and Recreation Marla Ramsey, Director Reviewed and 'Reviewed and~.__.4_~_ ~ Approved by: ~ i~_n,,Aa~ ,.'~~-~J~_ _ Thomas W. Olliff, Administ~ ~ Division of Public Services Date: 1 4 6 7 9 i0 11 ~3 14 16 1,2 2,,; 24 25 26 27 25 30 31 32 ~3 -:5 _',6 37 ~9 40 41 42 44 45 46 47 4~ 50 52 53 :4 56 5g 60 RESOLUTION No. 99 - RESOLUTION OF Tile BOARD OF COLIN'FY COMMISSIONERS OF COLL!ER COUNTY, FLOR1DA, ADOPED PURSUANT TO CHAPTER 35..449, LAWS OF FLOPdDA, AS AMENDED, TO AUTHORIZE THE PRESENCE OF DOGS WITHIN DESIGNATED PARK AREAS IN VETER2\NS PARK FOR SPECIFIC, LIMITED PURPOSES. , WItEREAS, on October 26th, 1974, the Board of County Commissioners adopted Collier County Ordinancc No. 76-48, which contains the County's Park Rule and Regulations; and WHEREAS, on January 27, 1981, the Board amended Ordinance No. 7648 by enactment of Ordinance No. 81-3; and WHEREAS, on Januau., 23, 1990, the Board further amended Ordinance No. 76- 48 by enactment of Ordinance.No. 90-9; and WHEP..EAS, Chapter 89-449, Laws of Florida, has this year been amended by the Florida Legislature to authorize the Board of County Commissioners, by Resolution, to ......... ~ .~.~. r,.._~,~, r),,~ ........ ~ ~ ......~,,~; ...... ; .......... .~,.~.,,. ;,,,.!,,~li,,~ :_,!!O~_¥1n_V.g_.m:ldi.tlnn3~J pr,r.-:e~::'~_ ...f de~3s i:, one, some or all of the County's Parks; and \, H._I~.AS, dogs are presently allowed in Collier County Parks only during dog related special events, Park Ranger pat.mls, as mandated by "The Americans' with Disabilities Act." and law enforce-ri:eat activities; and WHEREAS, as specified on the attached proposed amendment to the Rules and Rcgulationa for Collier Cam'ay P'..~ks,£tgf is recommending to.the.Bom'd.that the County rstablish a designated geographic area within Veterans Park for specified addifionai activities related to domesticated dogs under control of an owner, guardian, handler; and WHEREA S, the Board of Connty Commissioners ~cceptz Staff's recommendations to amend lhc Rules as specified regarding Veterans Park. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS: that the Rule Amendments attached hereto as Exhibit "A" are hereby adopted effective immediately, which amendments supercede any other Rules or Regulations to the extent of conflict with these amendments. Resolution adoptz5 ::?ter motion, second and majority vote favoring same. DATED: ATTEST: _, 15,xL)<. s., CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Pamela S. Mac'Kie, Chairwoman Approved as to lbrm and legal Sufficiency: Thoma~ Palmer Assistant County Anomey h ~c,~,'rcs,, 99/dogs In parks, · F~XHI.B IT A C. ' .~._ccmox:d Do~ fielated Activiiies Allowed ar Veterans Park Notwvkhstandin: an'rthin~ in these Rules to the contrary'_, whenever Veterans P'ark is .gpen to the ~eneral public, domesticated d.o. gs under effective control of their c~et~:er (by leash or oral command'} are h~reby allowed as follows: 1. The allowable dog related.activities are dog walking, runn/ng, and Frisb_ee/ball throwing and catching. 2. The authorized geographic area with~ Veterans Park is described'as follows: 'r.he overflow parking area and namrat area south o£the Community Center. EXECUTIVE SUMMARY APPROVE WORK ORDER #PR-GB-9918 TO A. GAlL BOORMAN & ASSOCIATES FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AT SUGDEN PARK. OI~JF~TtVE: That the Board of Count5- Commissioners approve a wo~ order #PR-GB-99 t 8 to A. C_rail Boorman & Associates /n the amount of $28,400 mo design ~'ails/pathways and related landscape and irrigation components at Sugden Park. CONSIDERATIONS: The Parks and Recreation Department is budgeted to construct a new trail/ pathway facility and maintenance/restroorn/garden facility at Sugden Park as part of the Phase II construction of the 'park. This construction includes the creation of a loop pathway around Lake Avalon, a new family ~bathroom, a maintenance building, a garden "nook" and related-parking, landscaping and irrigation. The Parks mad Recreation Department is requesting that A. Gail Boorman & Associates be awarded the work order. The work order #GB-PR-99t8 in the amount of $28,400 is for landscape architectural and engineering to design and construct the project. GROWTH MANAGEMENT: Management Plm~. Sugden Park is inventoried in the Collier County Growth FISCAL IMPACT: Funds are budgeted in Fund 346 in the amount of $350,000. RECOMMENDATION: That the I~C approve work order --~Gl~PR-9918 in the ~t of $28,400.. to A. Gail Boo,an & Associates for professional se~ices at Sugden P~k. Jmes Fitzek, Op~tions M~ager Dep~ment of Pinks ~d Recreation Reviewed and - /// Approved by: Dep~ent of P~ks ~d Recreation Date: Reviewed Approved b Thoma-'~'~. ~ll'-iff, Admi-n~ator Division of Public Services Date:_~~ WORK ORDER #PR-GB-9918 Agreement for Fixed Term Professional Landscape Architectural Services E ,ted .hlly 28, 1998, (Contract S98-2777) This Work Order is for professional architectural services for work known as Sugden Park Trail Development & Miscellaneous Landscape Architcclural Services Design p_f Trail/ Pathway and Planting/ irrigation for Suaden Park Phasell The work is specified in the proposal dated November 12. 1999, which is attached here;o and m~de a part of this Work Order. In-accordance with the Terms and Conditions of the Agreement referenced above, Work Order ,qPR-GB- 9918 is assigned to A. Gall Boorman & Associates. Scope of Work: Task 1: Trail/ Pathway Design Ta~sk 2: P ..... ~.~ Plan Task 3: SDPPians Task 4: Trail Related Services During Construction Task 5:Landscape Architectural Services During Conslructio~q Schedule of Work: Complete work within 120 days I'rom receipt of the Nc)ticc to Compensation: In accordance with Article Five of thc Agrccmcnt, thc County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (il' a task is time and material, so indicate and use the established hourly rate(s) sis ch,tin, crated in Schedule "A" of the Agreement). Task 1: Trail/Pathway Design $16,500.0(I (lump sum) Task 2: Planting Plan $ 5,500.00 (lump sum) Task 3: SDP Plans no fee Task 4:Trail Relaled Svcs. During Const.$ 3,950.00 (time and material, not to exceed) Task 5: L.A. Svcs. During Const. exceed) $ 92,000.00 (time and material, net to Reimbursables $ 450.00 TOTAL FEE $28,400.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of tl}e.;..~re,,0na>en~./-) ~ J~pn 'r~ ~r!atc, ~L:&, q;rojcctqv!anager -19a~e Maria O. Ramsey, Dire~f Parks and Recreation Datc Approved as to Form ar~ Legal Sufficiency: ] "~ / Assi%tant Courtly Attorney ACCEPTED BY: D~te: l~/I A. G~,i! Bnorm~n & A~seci~es Name of Firm A. Gall Peltey, President American Society of Landscape Architects Land Planning Site Graph. ics Landscape Architecture ~November 12, 1999 Mr. Joe Delate Collier County Parks & Recreation Dept. 3300 Santa Barbara Blvd. Naples, FL 341 i6 ",Re: e. SJ.J,GDEfl .'P~'RK -~'P~ JL ~V. EL*OPMENT '~. '.MtSCEI.L~flEOUS -/.~'NDSG--APE .,ARCHITECTURAL [SERVICES Dear Mr. Delate: Pursuant to your recent meeting with George Fogg, the LA. design team headed by A. Gall Eloorman & Associates is pleased to submit the following proposal by Tasks for your consideration for the above project. ~.-~cope.of-Work ask t -Trail/Pathway Design Develop a MasterPian, including side-trails, boardwalks,"environmental studystations,'andsitting~areas. Fee: $5,000.00 Develop construction plans and details for the system, including structural plans for the boardwalks capable of accepting maintenance golf cart vehicular traffic. Fee: $8,000.00 Develop structural engineering plans for the boardwalks. Fee: $1,500.00 Assist the County in reviewing bid procedures, evaluating bids when received, and providing recommendations for contract award. Fee: $2,000.00 Task 2 - Planting Plan and the future "Nook" garden space. ~.~_~.~, · ~,~nn nn Develop an Irrigation Plan for these 'areas. Fee: $1,500.00 Assist the County in reviewing bid procedures, evaluating bids when received, and providing recommendations for contract award. Fee: $1,000.00 11 O0 5th Avenue Soul:h, Suil:e 201 'Mr. Joe Delate Sug~ Pa~k T~fl S~t"em page Task 3 - SDP Plans Sign and seal the contract plans, which will be used as the necessary SDP landscape and irrigation plans. Fee: None "fiask 4 -T~'ail4~ela~d IServi~es Oaring Cm'c~'traction · Trail Layout: Field stake the trail location based on the County's establishing and marking the north, west and south boundaries. Fee: Time and Material basis according to existing continuing services agreement. Not to exceed $1,750.00. Site Observations: Up to five {5) site visits dudrLq construction to review the contractor's work in progress including, field repod~ documenting same. Review and recommenCaticns regarding shop drawings and product materials submittals, One (1) pre-final inspection and punch list, and one (1) final inspection and punch list. Fee: 'Time and'Material basis~according-to.'e~dsting'~b-ntin~n-g-S~-rv-tC-e-s .-a-g-C~-e-m-e-nt. -Not'to -exceed $2,200.00 -:rask 5 - ~,¢U'~l,,Ser~ices 9uring ,Constmction Four (4) Site ,Observations: To include checking plant materials and plant layout, review of contractor's work in progress. Includes field reports documenting same. Review and recommendations regarding shop drawings and product materials submittals. One (1) pre-final inspection and punch list, and one (1) final inspection and punch list_ Fee: Time and Material basis according to existing continuing services agreement. Not to exceed $2,000.00 Task,6 -4AdditionaPServices ? Additional-desert studies orother-services requested by the County may-be provi_r~.don-a negotiated lump sum bas or according to-the time and~material schedule stipulated in-the-existing continuing*servicescontract. Task 7 - Environmental Permitting It is understood-that any environmental permitting, mitigation, or wetlands planting requirement, will be handled by others. If the County elects to have this team handle the permitting, a basis of compensation may be negotiated when the extent of the required permitting is known. Reimbursables Reimbursable expenses shall be invoiced and paid in accordance with the terms of our existing continuing services agreement with the County. Schedule Ourteam is prepared to start work on the project within one week of receipt of written authorization to proceed. We estimate that design and specifications can be completed within 120 days. George Fogg will be coordinating all of the -d'e~ 'a~'d Te'ch~ic=a~ ~'s'-'p~'cts ~flhi's ~pToject. regaromg 'm,s letter. EXECUTIVE SUMMARY APPROVE WORK ORDER #VL-00-2 TO VICTOR J. LATAVISH, AIA ARCHITECT FOR PROFESSIONAL SERVICES AT TIGERTAIL BEACH. OBJECTIVE: That the Board of County Commissioners approve a work order #VL-00-2 to Victor Latavish, A1A Architect in the mount of $53,700 to renovate the concession and deck area at Tigertail Beach. CONSIDERATIONS: The Parks and Recreation Department is budgeted to construct a new concession facility at Tigertail Beach. This construction includes the removal of the existing temporary concession (trailer) with the construction of approximately 1,000 square foot permanent facility including elevated and ground decking. The concession facility would include kitchen area and storage. The Parks and Recreation Department presented this proposal to the Tourist Development Board on August 30, 1999 and received approval. The Board of County Commissioners approved this project on September 22, 1999. The Parl, s m~d Recreation Department is requesting that Victor J. Latavish. A1A Architect be awarded this work order. The project is located seward of the coastal control line and the department will need to obtain permits from the State and County and CiD' of Marco Island to facilitate construction. The work order #VL-00-2 in the amount of $53,700 is for architectural and engineering to design and construct the project. GROWTH MANAGEMENT: Tigertail Beach is inventoried in the Collier County Growth Management Plan. FISCAL IMPACT: Funds are budgeted in Tourist Development Tax Fund 195. RECOMMENDATION: That the BCC approve work order VL-00-2 in the amount of $53,700 to Victor J. Latavish A1A Architect for professional services at Tigertail Beach. James Fitzek, Operat{bns Manager Department of Parks and Recreation ,; -, . ..~ ,Z. / Marla Rmsey, Dkector / Dep~ment of P~ks and Recreation Rex iewed and Approved by: Date: Reviewed and~ Approved by:~_'_'~ Thomas W. Olliff,sAe~mii~n~s~or Division of Public Date:~ WORK ORDER #VL-00-2 Agreement for Fixed Term Professional Architectural Services Dated August 3, 1999 (Contract 99-2931}) This Work Order is for professional architectural services for work known as (Title) TIGERTAIL BEACH CONCESSION (Reason for Project) Replacement of existing temporary facilities wilh new permanent facilities. The work is specified in the proposal da{cd Octv!:.-.~ ! Sm, 1999, which is utlacl~ed hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above. Work Order #VL-00-2 is assigned toVictor ,3' I.alavish, AIA Archilect. ~cope of Work Architect and engineering services for the concession building, decks, and related construction at Tigertai] Beach. Schedule of Work: Complete within 1 8 O days from receipt of lb0 Notice to Proceed au!hm'izmg s'ar: of work. Compensation: In accordance w;th Article Five of the Agreement, the CounD, will compensa'~c lhe Finn accordance with thc negotiated lump sum arnotmt indicated i~ l)~e schedule below (if' a task is time and material, so indicate and usc ihe established honrlv rate(s) r,s enumerated iu Schedule "A" ,,f Ihe Architectural Services per attached proposal $32 8 O CMl Engineermg& Survey Services per proposal 20.90() TOTAl. FEE S53,700 An5' change within monetary attthoril5 of this Work Order made subsequent 1o fin:d department will be considered an additional service and charged according lo Schedule ".,V' of the AgreemcnL __L'_~'L' _ PR[:PARED BY: /'/'//_~'~.,'.:~ Name :md Title d · ~4,. ,~ f3 Client Del~affment l~re,~r APPROVED BY:___~_,/: ~~4~-/f Date Date Approved as to Form and Legal Soffic.~': ~ /, ~,CC EPTI:I) Date: V~c~or J. Name nf [:l'.'~ ~ V~cLor ~. LaLavish, Pres~denL ~vped Namc'Title Si~ nalt:l'e DEC I 1999 Victor Latavish, AIA Archited PROPOSAL October 18, 1999 Collier County Parks and Recreation Department atto: Murdo Smith 3300 Santa Barbara Blvd. Golden Gate, Florida 34116 Re: Tigertail Beach Concessions Building Marco Island, Florida Dear Murdo, ! am pleased to submit this proposal for professional architectural services for your review and consideration. This proposal includes Basic Services for architectural design services, planning, and related engineering including subconsultants services for structural, plumbing, mechanical, and electrical engineering. This proposal does not include Additional Services for civil engineering, landscape architectural design, soils testing, site and/or environmental permit application services, or reimbursable expenses for prints used by the contractors for bidding, permits, or construction. The design shall be in accordance with the current Collier County Vertical Standards document and adopted building, accessibility, and fire codes. SCOPE OF BUILDING PROJECT: · Removal of existing Concessions trailer, screen enclosure, deck, and related work Construction of new 1,000 to 1,200 sq. tl. Concessions Building, located in the same general area as the existing structu: e. The building size may be adjusted after the Owners review of preliminary plans and budget. The structure is to be constructed at or above the required FEMA elevation, and shall ,:~,; on u2~z',datc ~tandard Concessions items including but not limited to counterto?, pass-through window, kitchen equipment, and storage areas. Access will be provided by stairs & accessible ramp. · Co,~ruction of new dv. ck areas at Concessions area, approximately 2,100 sr. total area. · Connection to existing utilities and continued use of existing parking and restroom facilities. · Construction of new deck and educational display area near playground. Proposal to Collie" '~ounty dated 10-18-99 continued; page two SCOPE OF SERVICES: · Pre-design meeting, review of proposed budget, opinion of estimated construction cost, and recommended alternatives. · Preliminary Design and 2 progress meetings. Preliminary Design drawings include site plan, floor plans, elevations. & alternatives as requested. Site plan will be based on a survey furnished by the Owner. · Design Devetopmcnt Drawings and progress meeting. Documents include detailed floor plans, elevations, section, and notes, Construction Drawings including architectural, structural, plumbing, mechanical, and electrical plans, schedules, sections, details, notes, and specifications required for bidding, permits, and building construction. Bidding phase services; pre-bid meeting; consultation and addenda as required, bid review Construction Administration services; pre-construction meeting, shop drawing review, bi-weekly review of construction progress on-site including field reports and review of contractors payment requests, punchlist at substantial completion of project, and meeting on-site at final completion. · Services to commence within 10 calendar days of receipt of signed Work Order. !~nless agreed otherwise, the project schedule is to be determined at the Pre-Design Meeting. BASIC SERVICES FEES: Basic Services Fees are billed on a monthly basis tbr progress, based on the following lump sum amounts: Building Design Services Fees Bidding Phase Services Construction Adrain. Services $28,000.00 800.00 4,000.00 Total Basic Services $32,800.00 If accepted, this proposal for Basic Services should be attached to and made part of a Work Order in accordance witt-, the ~taadard County Agreement. Separate proposals for Additional Services related to site engineering may also be attached to the Work Order. Thank you for the opportunity to submit this proposal. I look forward to working with you on this project. Sincerely, VICTOR J. LATAVISH ARCHITECT, PA. Victor J. Latavish, AIA President I DEC 1 1 90 ! COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY CECI Group Service~ Civi; Eng~neenng Survey & MaDpm~- Coastal Eng neen Real Estate Appraisa; Environmental Assessment Website: www,coastalengineering.com October 18, 1999 Victor J. Latavish, Architect, P.A. 4100 Corporate Square, Suite 100 Naples, Florida 34104 Professional Services Proposal for the Site Improvement of Tiger Tail Beach Park located in the Section 7, Township 52 South, Range 26 East, Collier Count3~, Florida. CEC File No. 99.464 Dear Mr. Latavish: Coastal Engineering Co~sultants, Inc. (CEC) is pleased to offer the Professional Engineering, Land Surveying ~d Pla~ming services in co~mection with applying for the government approvals and permits outlined below for the Site Improvement of Tiger Tail Beach Park. The Site Improvements will consist primarily of a concession building and deck facility. The services in this Proposal include and are limited to the following: SCOPE OF SERVICES ITEM I CONCEPTUAL SITE PL.4aN Conzment and make recommendations on Architect's Conceptual Site Plan for the project. The fixed fee for ITEM I is $500.00 ITEM II COASTAL CONSTRUCTION CONTROL LINE PERMITTING Work under this item includes assistmg the Client in obtaining the necessary Dcpa,~traent of En,'ironmcntal Protection [DEP) and local Coastal Construction Control Line (CCCL) Permits for the construction of a concession building and deck facility. The location of the proposed structure will be landward of the cxisti~:~ mctm high Yvater line. Based on our experience, the following information will need to accompany the state and local permit applications: 3106 S. Horseshoe Drive, Naples, Florida 3410z: · Phone (941) 643-2324 Fax (941) 643-1143 t,.r&;'£E-'.:. F©,?i'P,'!Y£RS 5,ARA$OTA L.,:\ ,, -~.A ~ ;.., ',, 5:. ',, ictor J. Latavish, AIA November 1, 1999 Page 2 COASTAL ENGINEERING CONSULTANTS, INC, Part A Part B 4. 5. 6. 7. 8. 9. 10. CCCL Survey (Completed by Collier County). Complete architectural and structural plans, cross sections and details as well as lighting plans for all proposed improvements (by others). Complete Sea Turtle Protection Plan. Proof of upland ownership (by others). Legal description of subject property (by others). Evidence of local approval. DEP and County permit application-fees (by others). Recent County aerial photograph with project site delineated. I-fabitat, vegetation and threatened and endangered species survey. Complete site plan and profile view drawings pursuant to DEP requirements. CEC proposes to provide the following Professional Engineering Services to assist the client in obtaining CCC!, permits for the proposed improvements. Assemble the permit application materials described above. Prepare and submit the DEP CCCL permit application. Coordinate and assist the client to obtain the DEP permit. We make no guarantee with respect to obtaining permits. Develop the required Sea Turtle Protection Plan to be submitted in conjunction with the DEP permit application. Prepare and submit tt~e local permit applications as necessary: Vehicle on the beach. Vegetation removal. Sea Turtle Protection Plan. CCCL variance application. g£C ! '1999 Mr. Victor J. Latavish, AIA November 1, 1999 Page 3 COASTAL ENGINEERING CONSULTANTS, INC. Represent the Client at the necessary public hearings; review meetings and local Board meetings. o Conduct Construction Observations to verify contractor's compliance with penuit conditions during construction. Coordinate the Final Certification to the DEP upon completion of the project. The fixed fee for ITEM II is $7,000.00 ITEM III CITY OF MARCO ISLAND SITE IMPROVEMENT PLAN Architectural Floor Plans and Elevations are a requirement of the LDC for SIP approval and shall be supplied by the Client and are not included in this Proposal. CEC proposes to provide Professional Engineering design, drawings and specifications, and to represent the Client at all meetings as may be required to obtain a ope-time, single phase Site Improvement Plan (SIP) approval and pem~its for infrastructure construction for the new building and deck area. Plans and information depicting the cMl engineering and surveying related components of a SIP as required consisting of, and limited to, the following shall be prepared: Schedule, prepare for, and attend required pre-application meeting with the City of Marco Island. 2. Infrastructure Construction Plans and Specifications as follows: Vegetation/Aerial Photograph Map; Soil Erosion and Sediment Control information; Surface Water Management Plan; On-site Potable Water Distribution and Sanitary Sewer Collection Plan; Roadway, Paving, Grading, Signing and Striping Plan; Required Detail Sheets for the above; Submit Constn,,ction Plans, Reports, and Specifications to the City of Mm'ce Island for review. 4. Enjneer s Opinion o£Probable Infrastructure Construction Costs. The Client, Architect, Attorney and other professionals will provide all products and information relative to their services to submit and support the SIP application. OEC 1 1 99 Mr. Victor J. Latavish, AIA November 1, 1999 Page 4 COASTAL ENGINEERING CONSULTANTS, INC. The fire sprinkler system design for building fire protection (pipe, meter and backflow sizing, valving, etcl), if required, shall be provided by others and is not included in this Proposal. This Proposal assumes that there are no jurisdictional wetland impacts proposed on the property and all environmental site development issues have been resolved. The fixed fee for ITEM III is $5,500.00 ITEM IV MISCELLANEOUS PERMITS & SERVICES Work under this Item includes the following: 1. Coordinate with FPL (electric), Sprint (telephone) and Cable TV service providers regarding the design of their respective facilities. Coordina~l ~ and obtain apptox'a! from the a_ppropriate Fire Control District. 3. Coordinate with private utility companies for use/encroachment into their easement(s). The fixed fee for ITEM IV is $500.00 ITEM V ENGINEERING CONSI'RUCTION SERVICES Provide Professional Engineering and Field Representation Services during the one- time, single phase infrastructure construction consisting of, and limited to, the Ibllowing: 1. The Client shall bid the Work and select the infrastructure Contractor(s). 2. Attend Pre-construction Meeting with Client, Contractor(s) and appropriate agencies. 7. Review shop dr:.wings Gr conformance with the approved Construction Plans and Specifications. 4. Review pa3' requcsts and completed qum~tities submitted by the Contractor(s) for infrastructure designed under this Proposal. LL. ~' "ictor J. Latavish, AIA November 1, 1999 Page 5 COASTAL ENGINEERING CONSULTANTS. INC. On-site observation of construction at appropriate intervals to observe the Contractor's progress and general compliance Mth the approved Construction Plans and Specifications prepared under this Proposal. Observation and/or certification of field utility testing to comply with CiD' of Marco Island requirements. Final inspection of the Work designed and approved under this proposal with the City of Marco Island representatives. The required video inspection of gravity sewer lines and roadway density tests are not included in this Proposal. This proposal does not include, and CEC shall not be responsible for maintaining worker health and safety on the project site or site security. CEC will have no control over worker and other project safety issues at the work site. The Client or his designated representative shall be responsible for these issues. Record Drawings are not included in this Proposal as they should not be required for the proposed water and sewer service lines. Should the Client, Contractor(s) or the City of Marco Island require Record Drawings of specific facilities for any reason, the Work will be billed on a Time and Material basis at the rates indicated on the attached Fee Schedule. The fixed fee for ITEM V is $500.00 ITEM VI SURVESq'NG CONSTRUCTION SERVICES Part A. Provide Professional Sm, eying Services during the Infrastructure Construction Phase consisting of, and limited to, one-time construction stakeout of the following: 1. Earthwork: Stake and grade with lath, centerline of the underground utilities outside of pavement areas. 2. Potable Water: Stake and grade with lath, water line (50' on center), frre hydrants valves, tees and fittings as required with offsets as required. Mr. Victor J. Latavish, AIA November 1, 1999 Page 6 COASTAL ENGINEERING CONSULTANTS, INC, 3. Sanita.D' Sewer: Stake and grade with hub and tack, centefline of manholes with fifteen (15') and thirty (30') foot offsets; Stake with lath, terminating points of service laterals; Grade with hub, finish manhole rim elevation. 4. Drainage: Stake and grade with hub and tack, drainage structures and headwalls with fifteen (15') and thirty (30') foot offsets; Stake with lath, centerline of drainage pipe if over 100 foot in length. 5. Excavations: Stake v, dth lath, top of swale/detention areaAake bank on ten (10') foot uff~ets. Prepare legal descriptions of easements for water, sewer, electric, cable TV and telephone, as required. This proposal does not include, and CEC shall not be responsible for maintaining worker health and safety on the project site or site security. CEC will have no c:~ntrol over worker and other project safety issues at the work site. The Client or h/s designated representative shall be responsible for these issues. Record Drawings of lighting, landscaping, pavement, irrigation and other facilities are not included in this Proposal. Should the Client or Contractor require Record Drawings of specific facilities for any reason, the Work will be performed on a Time and Material cost basis at the rates enclosed on the Professional Fee Schedule. The fixed fee for ITEM VI-A is $1,500.00 Pm-t B Provide Professional Surveying Services during the Building Construction Phase consisting of.. and limited to, one-rime c:,nstruction stake-out of the following: 1. Stake piling location with hub and tack; 2. Location survey of driven piling; Stake and grade with lath, building pad on five (5') foot offsets with the finish floor elevation on the lath for filling; ! ..... DEC I Mr. Victor J. Latavish, AIA November 1, 1999 Page 7 COASTAL ENGINEERING CONSULTANTS, INC. 4. Stake and grade with hub and tack, four (4) building comers on double five (5') foot offsets with finish floor elevations on the comers; 5. Foundation Iocation survey of building as constructed. 6. Flood elevation certificate. 7. Prepare all FDEP Certifications as required. The fixed fee for ITEM VI-B is $4,250.00 ITEM VII FIRE LINE EXTENSION (IF REQUIRED) 1. Stake proposed fire line extension (one time only). 2. Prepare legal d ..... pt, on o£fire line easement. The fixed fee for ITEM VII is $1,000.00 ITEM VIII REIMBURSABLE EXPENSES Expenses for blueprints, reproduction services, travel expenses, overnight express delive~a, service, long distance telephone calls and photographic and/or video tape documentation of pre-development conditions shall be reimbursable to CEC. The fixed fee for ITEM VIII is $150.00 GENEtL&L CONDITIONS This Proposal is based on the above description of services required to develop the proposed structure, located on the above described parcel of land. Should the Scope of the project change (including Client and Owner requested revisions) or changes occur in the site conditions, laws and regulations, the Client's financial condition, or key client personnel, these General Conditions and l'eez n'.a~ change accordh'.gl)'. The Client shall supply /he Engineer with all Bid Plans in DXF or DWG file format that is compatible v, ith AutoCad, Release 13 or 14 sofm,'are. An5' custom text styles (i.e., custom. SHX) shall accompany the drawing files. Final architectural plans of the building footprint must be submitted to CEC prior to preparation of any Final Construction Plans. .,. 5:. ,,,ictor J. Latavish, .43A November 1, 1999 Page 8 COASTAL ENGINEERING CONSULTANTS, INC. This Proposal does not include governmental permit application fees; environmental permitting; U.S. Fish and Wildlife Service and/or Florida Game and Fresh Water Fish Commission Wildlife habitat studies; subsequent Mitigation and Monitoring Reports associated with the environmental Dredge and Fill, ERP, or Surface Water Pemfits; services to determine the adequacy of the City of Marco Island Utilities; water and wastewater treatment plant design or drawings; required video inspection of gravity sewer lines; fire sprinkler system design; geotechnical services (required soil borings and roadway density tests); structural, mechanical or electrical engineering design; street lighting design; architectural services; title studies; certification to financial institutions, governmental agencies and the Client that are not related to the completion of facilities designed within the Scope of this Proposal; marketing; graphic arts services; or any services other than the above mentioned. Should additional services be required or requested beyond the Scope of the Proposal, the Work shall be billed on a Time and Material basis at the rates indicated on the attached Fee Schedule. Services performed by CEC under this Agreement will be conducted in a manner consistent with the level of care ,'md skill ordinarily exercised in Southwest Florida on this date. Given the breadth of governmental regulation and the ever changing review policies relating to land development, legal counsel may be necessary. Legal services are not included in this Proposal. Should legal services be required during the course of the proposed project's development, the Client is responsible for retaining legal counsel for cooperative participation. Serviccs set fo~}' in this Proposal are based on the Work of Professional Engineers and Surveyors a~,d Mappers, and do not include the rendering of legal advice or opinion. Interpretations of laws, codes or regulations are wholly based on the best knowledge, information and belief of the Professional Engineer or Surveyor and Mapper. This Proposal does not guarantee approval of the submittals or permits described above. The surveying sen'ices will be performed on a one-time basis. Any resurveying costs shall be borne by the Contractor(s) or the Client. (Most replacement costs will be at Contractor's expense). Any additional surveying beyond the Scope of this Proposal shall be borne by the Client or Contractor(s). Additional construction costs resulting from changes in the design plans and specifications are not tb responsibiliD' of the Engineer. This Proposal is not transferable to a third party. This Proposal will remain in force for a period of 90 days from the date shown herei~ DEC 1 q i9 9 l~ o ,_T.~ Mr. Victor J. Latavish, AIA November 1, 1999 Page 9 COASTAL ENGINEERING CONSULTANTS, INC. Gene:al!y, alt communication for the project will go through the Project Manager. The CEC Project Manager for this project will be David H. Farmer, E.I., Project Engineer. Unless directed otherwise, all of our communications to the Client will be directed to the addressee. Government regulations and review policies required in the permitting process are handled in accordance with the respective agency or entity policies, procedures and timetables. As such, the engineer can make no assurances with respect to any specific timetables, schedules or deadlines. FEE S[LMMARY The total estimated fee for ITEM I through and including ITEM VIII is $20,900.00, based on the following estimated breakdown. Invoices will be sent out monthly based on the amount of Work completed for that month. The Client agrees to carefully read all invoices and billing statements and promptly notify Coastal Engineering Consultants, Inc., in writing, of any claimed errors or discrepancies, within fifteen (15) days from the date of the statement. This Contract provides for interim billings against fixed and estimated fees. If we do not hear from you in writing, it is presumed that you agree with fain;ess of the amount billed through the date of the staternent. Should the Scope of the Work be increased, the Client agrees to an increase in the fixed fee based upon the increased responsibility assumed, time and materials to be expended, and liability to be incurred. 1. ITEM I Conceptual Site Plan (Fixed Fee) $500.00 2. ITEM II Coastal Construction Control Line Permitting (Fixed Fee) $7,000.00 3. IIEM III Cit' of Marco Island Site Development Plan (Fixed Fee) S5,500.00 4. ITEM IV Miscellaneous Permits and Services (Fixed Fee) $500.00 5. ITEM V Engineering Construction Services (Fixed Fee) $500.00 6. ITEM VI Sur~'eying Construction Services A. Infraqtructure Construction (Fixed Fee) $1,500.00 B. Building Construction Phase (Fixed Fee) $4,250.00 7. ITEM VII Fire Line Extension - (If Required) (Fixed Fee) $1,000.00 8. ITEM VIII Reimbursable Expenses (Fixed Fee) .$150.00 TOTAL: $20,900.00 Coastal Engineering Consultants, Inc. trusts this proposal is responsive to your needs. If acceptable, p!east indicate by signing and returning one copy of this Proposal, receipt of which shall constitute our Notice to Proceed, unless directed otherwise. If accepted, this Proposal represents an Agreement as submitted. DEC 1 1999 iMr. Victor J. Latavish, AJA November 1, 1999 Page 10 COASTAL ENGINEERING CONSULTANTS, INC. The Engineer may, after giving seven (7) days written notice to Client, suspend services under this Agreement until the Engineer has been paid in full all amounts due for services and expenses. Should an unpaid invoice be referred to the Engineer's Attorney for collection, the Client agrees to allow CECI to pursue directly against Collier County reasonable fee for such Work, as well as any costs of suit which may be incurred. This Agreement is subject to termination by either party, should the other fail to perform its obligation hereunder. In the event of termination, payment for all services rendered will be due as of the date of such termination. Respectfully submitted, ~ ~7.~~COAST L ENGINEE C NSULTA~TS,~. ' ~INC'~ Richard J. E~ing. PSM Survey & Mapping Division RJE:maf I HEREBY CERTIFY that I am the Owner of Agent for the Owner of, or have a valid "Contract to Purchase" with the Oxx,-ner of, the property, which is the subject of this Proposal. I hereby authorize the performance of the ser,,ice~ as set forth in this Proposal, and agree to compensate the firm of Coastal Engineering Consultants, Inc., with monetary disbursement, for said services. I also ac ~knowledge that I have read, understand and agree to the terms and conditions set forth in this Proposal, or attached thereto. I warrant and represent that I am authorized to enter into this agreement. This Proposal is accepted this IF,, day of ~,/',~e.~J ~'~-.., 1999. Victor J. Latavish, Architect, P.A. Enclosure: CEC t:ee Schedule EXECUTIVE SUMMARY aWARD OF BID 99-3000, "NEW INSTALLATION & REFURBISHMENT AT EAST NAPLES SKATE PARK" AND APPROVE ASSOCIATED BUDGET AMENDMENT. Objective: To have the Board award Bid 99-3000, a contract to refurbish existing ramps and construct additional ramps at East Naples Skate Park, to Spohn Ranch, Inc. and approve the necessary budget amendment Consideration: Funds in the amount of $15,000 were budgeted tbr maintenance and repair of the exterior structure ramps at East Naples Skate Park. During the repair process staff has found the interior support structures are severely deteriorated and need major repairs and replacement. Bid 99-3000 was posted on November 17, 1999 with invitations to bid sent to 106 vendors. Two responses were received. Staff has reviewed the bids received and recommends award to Spohn Ranch, Inc. as the lowest, qualified bidder in the amount of $50,850.76. The other firm "Big Daddy, Inc." bid only on replacement installations and partial refurbishment. The project needs to be completed by one firm. Fiscal Impact: Funds are available in 306 Reserves. A budget amendment will transfer funds from Park Improvement Impact Fee (Fund 306 Reserves) into Improvements General, East Naples Community Park Project Fund. ~-rowth Management: None Recommendation: That the Board of County Commissioners award bid to Spohn Ranch, Inc. and approve the associated budget amendment. ,. ,,-,~ { Date: // Prepared by: ~ .... , .... James Fitzek, Operations Manager Department of Parks and Recreation ApprovedReviewed and ,~/(~, f,~ by: ~ _ Date:/Z/~/q~ Marla Ramsey, Director ~_J Department of Parks and Recreation . ,X,. a.; ~-~-~ /.,~ ~ ~'~.¢c~, ~ Steve Camell, Director Department of Purchasing Reviewed and Approved by: Reviewed and I ~. ~ ..... :~'---~ ~1 /--,Approved by:"---~~ ).Q~ ,_jilt ' Thon/l;~ ~. Ol~'ff, Ad~in'~tor Division of Public Services DEC { 1999 Pg~~ ~: U ACCEPTED BY: Dominic J. Amico. Jr., P.E., Vice-President Agnoli, Barber and Brundage, Inc. , , ~'/& ,.~, Signi'ture ATTEST: (Corporate Secrctary) Rick Barber, I'.E., Secretar3 A?,oli, Barber ;~nd m mm.. m m. I:LLTNDAGE, PFofcssiona) cnginccl'S, planners, stlrvcvors & mappcFs October 19, 1999 Mr. Joe Delete, ASLA 'Collier County Barks .Department 3300 SantaBarbaraBoulewrd Naples, FL 34116 Re: Max Hasse Park Phase II ABB PN 7972/X001 Dear Mr. Delete: PurSUm~t toourmeeting of 9/30/99~ please ~' -~ xm~, enclosed our Scope of Services for the above mentioned project.. Wetried to keep the same format or'the Phase I contract. As discussed, approval of this work contract will be conducted through our fixed tern,, agreement. If the scope and proposal meets your needs we will proceed with a team coordination meeting and begin analysis of site plan alternatives. ShOuld there be any questions please feel flee Sincerely, AGNOLI, BARBER & BRU~rNDAGE, INC, Dominick J. Amico, Jr., P.E. Vice President DJA/yo 10-228Y9.LTR Enclosure l ! ,.,~ C,,'.:!~!,.': i~2z ~!:'; ~-~ ~:'. ;~',fir,' )(!l. i':~'~ },'!~,"--. ::i , , ProfEssional engineers, planners, surveyors & mappers RATE SCHEDULE - EFFECTIVE APRIL 14, 1999 Registered .Engineer/Principal Sr. Registered -Engineer Registered 'Engineer Sr. Design Engineer Design Engineer Permit Coordinator CADD Designer UADD Vlanner Planning Director Administrative Planner Certified Planner AICP Project Planner/Urban Designer Project Manager Project Manager (P.L.S.) Project Manager (P.E.) Sr. Project Manager (P.E.) Sr. Registered Surveyor Registered Surveyor Technician Technician I Tecnmc]an il Technician !!! Technician IV Technicial; ¥ Two Man Survey Crew Three 'Man Survey Crew Four Man Survey Crew Five Man Survey Crew GPS Crew Controller Design Dra~smm~ Draftsman Courier Clerical I Clerical II Bookkeeper Blueprints 24 x 36 .M.y!ar ~Sep!a .24~ x .3~6 Copies 8-1/2 x 11 Copies 8-1/2 x 14 Copies 11 x 17 Aerial Target 6' Aerial Target 12' Ground Aerial Target 12' Road Mileage 4-Wheel Mileage Registered Engineer/Expert Wimess Certified Planner/Expert Wimess Registered Surveyor/Expert Witness Manager/Expert Wimess Main O£tlce: 7400 Tamiami Trail N., Suite 200, Nap!cs, Florida 341 OS Lee Counu,: 1625 Hcndrv St.. Suite 101, D.~rt Myc:'~, F]orida 3300} $130.00 Hr. -$105.00 Hr. $ '88.00 Hr. $ 77.00 Hr. $ 66.00 Hr $ 72.00 Hr. $ 70.00 Hr. $ 70.00 Hr. $1 ~ 5.001-tr. $115.00 Hr. $- 88.00 Hr. $ 72.00 Hr. $ 83;00 Hr. $105.00 Hr. $110.00 Hr. $I 15.00 Hr. $105.00 Hr. $ 77.00 Hr. $ 42.00 Hr. $ 50.00 Hr. $ 55.00 ~'. $ 66.00 Hr. $ 72.00 Hr. $ 78.00 Hr. $ 88.00 Hr. $ 99.00 Hr. $110.00 Hr. $121.00 Hr. $200.00 Hr. $ 72.00 Hr. $ 50.00 F~. $ 40.00 Hr. $ 22.00 Hr. $ 40.00 Hr. $ 45.00 Hr. $ 55.00 Hr. $ i.50 Ea. $ 15.00 Ea. $ .05 Ea. $ .07 Ea. $ .10 Ea. $ 7.00 Ea. $ 14.00 Ea. $ 21.00 Ea. ~endi It~n~ -~1 .31 Mi. Ho.~7 $! .50Mi. - ~ $1!20.00 Hr. LIEC I tSS 2o.oo . p_ ~'-'--5~.20.00 Hr. ~'~ .$~!20.00 Hr. !'941 ) 597-31 ~o41 ': 334-I ~'-' FAX: (941 i 566-2203 FAX:IO4~), ,,,~-:~-' 1175 ~ROI~OSFA) ~6COP£ OF SERVACES The project comemplated is the design of the GoldenGate Estates Park: Phase II. Design shall include paving, grading, drainage, utility requirements and xvater managemerrt permitting. T-he aumject.qaope of-~,vor, k for Phase II includes site_design~nd is to_c.ontain Ihe following_ aoctltlOnS lo me eX-i~-'lmg pm'r.: 7;500 sf community.center 1;500 executive fitness center 500 sf maintenance building with clay bin Reconfigured parking to support the above (80 spaces ±) Fee schedules are attached as Exhibit A. - I. -- .~ ~MA~STER.PIu~/SCI-iEMATiC DESTCN During this phase of the design process, ABB will assist the project team in analyzing the site to accomodate the CountY'sproposedprogram. The following tasks will be achieved during this phase: Three (3) alternative site plans will be developed to test the program elements and investigate ways to develop the site. These alternatives will be reviewed with the Client in an attempt to select a final preferred plan. A preferred final site plan will be prepared that details the elements of the plan. A -preliminary opinion of probable cost will be prepared based upon the Preferred site pla,.. The consultant will be involved in a maximum of three (3) meetings with the Client and public representatives to obtain approval of the plans. CAD Level Site Plan Preliminary Design Opinion of Probable Construction Cost W-104)244G.DOC/99 A-1 PRELIMINARY ENGINEERING ' III. A. Facility J_,ayoat Preparepreliminary engineering layoutfor grading, drainage, on-site parking areas, walkways and buildings. The existing septic system was not designed or built to accommodate this expansion. Therefore an expansion to this system must be Offsite design is not included in this scope. :CONSTRUCTION'PLANS -AND SPECIFICATIONS A. Water Prepare construction plans for water mains and appurtenances including connection to existing water main, valves, fittings, fire hydrants and services at appropriate locations to support the planned facilities. Sanitary Sewer System Design elements for the expansion of the existing septic system. Roadway, Parking Areas and Drainage Prepare construction plans for the paved parking areas, and grading plan for the site. Roadway grades and ~oss-secfions wi!! be. designed to meet the requirements of Collier County. Stormwater design will include the provision of detention and treatment facilities as required by the county and SFWMD stormwater regulations. Included will be the spacing of curb inlets, sizing of the stormwater piping system, selection of pipe grades, determination of junction box locations, sizing of the lre~trnenLand_xl~_ t~_u~O~ ~ _ntAr~l__ (;~): _Ihe~inalinn of the ~1 cn__ntr~ ~ .maamt~_ re.q. type olr water treatment lac~ity anti outtaTllocat~on. Details Prepare details necessary for the construction and installation of the facilities. Details to be in conformance with Collier County utilities, Collier County Transportation and FDOT standard requirements, where applicable. W-10-0244G.DOC/99 A-2 DEC ! 4 IV. Fo Quantity Take-Off Prepare quantity take-offs and opinion of probable costs for construction of the proposed facilities based on the construction drawings. Two opinions of probable .consmiction cost will be prepared; one,at,design dewlopraent~,'a'~ing~abmittal and one at 90%~onstractionttrawing~ubmittal. Specifications ~,,-*~- ~,~,,~---~ speci .tic, at/om for ~he ~propo~d a~r.-k. The ~,~4~.,,i~,,~ ,,a, reierence eiflaer Collier County Stanclarct specifications or ~-'ToO'i' Stanctarct Specifications, supplemented, as necessary, with special provisions, technical specifications and Consultant's standard formatMasterSpecifications. PERMITTING SERVICES The CONSULTANT shall submit permit applications with the appropriate regulatory agencies having jurisdiction over the project. Collier County will pay all'permitting fees. It will be the responsibility of the Consultant to notify the county of the fee mount and agency addresses. Currently only the following permits are anticipated. A. Collier County !. Final site development plan (FSDP) B. SFWMD Modification of existing surface water permit Modification / Expansion of Septic Tank System BIDDING SERVICES Respond to Contractor's questions and prepare any necessary addendums to the work during the bidding phase. Prepare bid documents. Attend one (1) prebid meeting. W-10-0244G.DOC/99 A-3 DEC 1 t3999 Pg'7 ~ -- VI. CONSTRUCTION A.~M~ST~TION SERVICES A. Construction Consultation and Coordination A/tend one (1):prteonstmc_tionmeeting. Provide consultation to the county during construction. It is our understanding that Collier County Parks Department will provide a project management coordinator. T'repare supplementary sketc~nes 'requked~o~aissol-ve conditions encountered. Review construction shop drawings, submitted by the Contractor or Contractor's subs, for compliance with design concepts. Review test reports on materials and equipment. B. Site Observation Make visits to the project site at intervals .appropriate to the various stages of construction to observe, as an experienced and qualified design lxofessional, the progress and the quality oI the executed work, and report findings to the county..~,~ additional site observation, as directed by the client, will be billed on a time and materials basis. -The CONSULTANT shall issue necessary imerpretations and cl~ifications of contract documents, prepare and review required change orders, make recommendations as to acceptability of the work, and observe construction materials and methods for compliance with the contract documents. VIL CONTRACT CLOSURE during the construction process based on information supplied by the contractor. B. Final Punch List In the company of county representatives, the pertinent consultant team members will visit the project site twice to observe any apparent defects in the completed construction, assist county in consultations and discussions with Contractor(s) W- 10-0244G.DOC/99 A-4 concerning correction of such deficiencies, and make recommendations 2ts to 'replacement or correction of defective work. Utility Record Drawings Furni~ fo,ar (4)sets of'blue tine.md one (1)set o fmylar ~ord drawings of watermain and force main, as required by Collier County Ordinances, utilizing information furnished by utility contractor and notes from resident inspector. "Pro] ect Cerfihcat'ion Provide certification of the project at completion to. Stateand .Local agencies, in accordance with existingpermits,'rules and regulations, as required. This will also include tUrnover of the required portions of Ihe milities and as-built certifications related to the required permits obtained in item V. W- i 0-0244G.DOC/99 A-5 Max A, Hasse Park Phase II 'Engineering and Permitting'Scope ~)f~Services 101t8/99 Exhibit~. Item .Alternative Site Plans Utility System Considerations Preliminary Probable Costs ~ll~.'Design,Development ~Preliminary-Engineering ~ SanitmySystern Investigations IlL Construction 4~lans/Specs Final Design SFWMD Modification Collier County SDP Modification .Estimated 25OO 1500 1150 "~3500 - 2500 6500 4000 3500 V. Bidding Services 3595 VI. Constuction Adminisb-a~ion Consulstant Coordination Site Observation Construction Administration 6500 1000 1500 47245 Approve work order #BSW-00-1 to Barany Schmitt Summers & Weaver, Inc. for professional architectural services at Max Hasse Park. ~gL~i~g: ~ ~iloar~l of County Commissioners app/ove a work order .#BSW-00-1 m Barany Schmitt Summers& Weaver, Inc. in the mount of $83,685 for the architectural design of a 9,D00 sf community center, aha ~uu sc maintenance Jouilding with a clay bin at Max Hasse'Park. ~CO~ER~TtONS: The Parks and Recreation Department is budgeted to construct a new community center and maintenance facility at Max Hasse Park as part of the Phase II construction of the park. This construction includes the creation of additional parki~ spaces and related landscaping and irrigation. The Parks and Recreation Department is requesting that Barany Schmitt Summers & Weaver, Inc. be awarded the work order. The work order #BSW-00-1, in the mount of $83,685, is for architectural services to design and construct the project. GROWTH MANAGEMENT: Max Hasse Park is inventoried in the Collier County Growth Management Plan. FISCAL IMPACT: Funds are budgeted in Fund 568 in the amount ~f'$ t ,320,000. RECOMMENDATION: That the BCC approve work order #BSW-00-1 in the amount of $83,685 to Barany Schmitt Summers & Weaver, Inc. for professional services at Max Hasse Park. Prepared by: (J~m';s ~'it~ekfO;~'~tion;Manager Department of Parks and Recreation Reviewed and ~<~ ~ .... . ~la ~.~y,' Director / Depament of P~ks and Regreation Reviewed arLd Approved by: Thon~[~'W. C~liff, AdnYi~rator Division of Public Services Date: Date: WORK ORDER # BSW-00-1 Agreement for Fixed Term Professional Architectural Services l)ated August 3, 1999 (Contract #99-2930) Max Hasse Community Park, Phase 11 Development Design of Community CenL~.T Building and Free-Standing Maintenance Facili:v The work is specified in the proposal dated October 15, 1999, which is attached he~eto and made a part of this Work Order. In accordance with the Terms and Conditions of ~hc Agreg~ y~f~ ~bOv~, WOrk O~er ~BS~-OO-~ ~ ~ss~gne~ ~o ~r:~ny S~hm~t Summers & Weaver, Inc. Task Il: Design of Free-Standing Mainxenance Building ~ScheduJe of Work: Complete work within Ig0 days f-.qm receq;! n!- thc N.':licc .'~ PrccecJ authorizing start of work. Compensation: In accordance with Article Five of lhe Agrecment~ thc Cot~nt,. ,.vii! compensate the Firm in accordance with the negotiated lump sum amount indicated in thc schedule below (if a task is time and material, so indicate and t, sc the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I: Architectural Services Preliminary Design Phase- Sll,650.(lump s~:m3 Final Design Phase- S42.640.(lumpsum) Bid Phase- 5, 3,885.(Iump snna~ Construction Phase $i9,400.(lump sum) Reimbursables $ 600.(per contrac;I Task Il: ,Miscellaneous Services Soil Borings- Programming Phase- WarranW Inspection- $ I,g,q0.(lt~mp stem) TOTAL FEE $,'43.6 S 5 Any change within monetary authority of this Work Order n~adc subsequent to final department approval will be considered an additionnl service and charged ncc,,rding Schedule "A" of the Agreemenl. PREPARED BY:~~~ , [ ~a~la ~. Ram~,, Dire[for Date Par}s and Recreation Dcgarlment [~citities Management Dcpartmenl App)oved as lO Form an~ [ Legal Su~cy: [ ] I Assi[t~nt Co~nt;; Attorney DEC 1 1999 Pg' ACCEPTED BY: DEC 1 zt 1999 ' aranySchmittSummersWeaver ,-,ND PARTNERS INCORPORATED 15 October 1999 RECEIVED Joe Delate, Project Manager C~ilier County Parks and Recreation Department 3300 Santa Barbara Blvd. Naples, Florida 34116 Re-' Max Hasse Communfrty Park, Phase II Development Proposed Community Center Building and Free-Standing Maintenance Facility L~cer;se # AA C001863 Irlnova'l. lOn 8nc -~erformance Architecture anc Planning Mr. Delate: Enclosed herewith is our proposal for architectural services for the above project including an outline of the project scope, scope of services and fees. We have also addressed our intent to fully cooperate with Agnoli Barber Brundage in their role as pdmary coordinator of design team services. I will carl you within a day or two to discuss our proposal in more detail. We look forward to this opportunity to work with you and your staff, and to a successful project. Regards, ~3&RANYSCHMITT SUMMERS WEAVER AND PARTNERS, INC. Eugene C. Schmitt, AIA E¢_~:ic Proposal ~cc: '-_J~n~urTtmer's DEC 1 1999 PQ'-- BaranySchmittSummersWeaver AND PARTNERS INCORPORATED 15 October 1999 Josep!-; A. Barany, A!A Eugene C. So,mitt. AIA Da.",~ei A Summer~ Ron~ir; G. Weaver. AIA Kenned: L. L~mers. RA Ner~ne~i~ L~. Ai~, Suile 3OE' Fo~~ Myer,,: F~ 2391¢ 5s4 i/278.-3838 License ¢: Az,, C001863 · P..aifforrnance in Architecture and Planning A. 'Scope ~ofl=roject Community Center Building: General purpose space, meeting rooms, administrative space and ancillary space (excluding a commemial kitchen, including a catering prop area only) ................................. "Executive" fitness/work-out area (excluding a locker and shower facility) ................ TOTAL Free-Standing Maintenance Facility: · Garage type building with overhead doors providing drive-thru feature · Thru-wall unit air conditioning · Fenced storage outdoor yard · Total building area .......................................... 3. Park Master Plan and Modifications to Site Plan: 44 o Responsibility of the Landscape Architect, A. Gall Boorman design team headed by George Fogg. Infrastructure, Paving and Drainage: 4~,esponsit~ility o f AgnolPBarber ~Brundage, Civil Engineers. Coordination of Design Team: Agnoli Barber Brundage shall have the primary responsibility for coordination of the professional services of the design team. 7,500 GSF 1,500 GSF 9,000 GSF 500 GSF Max Hasse Community Park, Phase II 15 October 1999 Scope of Architectura! Services 1. Amhitectuml servi~ shall include prop. rammir~, architectural des;n. structural engineering for building structures, mechanical engineering for structures plus lighting design fornewly programmed site improvements. 2. Specific work tasks shall be as follows: Soil Borings and investigations Preparation of a written program Preliminary design and cost estimate Final design and cost estimate Permit submittal Bid Phase Construction Administration/shop ¢lrawing review Matedal and color recommendations Coordination of as-built drawings prepared by the Contractor Warranty inspections Barany Schmitt Summers Weaver hereby agrees to cooperate ~fully with Agnoli Barber Brundage in their role as coordinator of design team services. 4. Engineering services of the following sub-'consultants are included herein: Structural Engineering: TKW Consulting Engineers, Inc. Mechanical / Electrical Engineering: Wadsworth Engineering, Inc. C. Proposed Miscellaneous Services Soil Borings .............................................. $ 1,750.00 Programming Phase ....................................1,880.00 · ~Sub-Total ~ ~,~510~00 DEC 1 1999 Pg. ~ __ Max Hasse Community Park, Phase II 15 October 1999 D0 Proposed Architectu.mi Sewices 1. Pmlimina_w Des_~n Phase ........................... 2. Final 'Design-PI-rase .................................... 3. Bid Phase 4. Construction Administration Phase ............... 5. Estimated Cost of Document Reproduction ...... Sub-Total TOTAL 11.850.00 ~2;64o.~o 3:885.00 19,400.00 600.00 $ 78,175 $ 83,685.00 E. Method of Payment Monthly, based on actual progress and work product presented to and approved by the Owner's Representative. F. Additional Services See Charge Rage Schedule, Exhibit "A", attached hereto. G. Services Excluded 2. 3. 4. Land Survey and Topographic Survey Hydmgeologic Survey Civil Engineering Services Landscape Design and Landscape Irrigation Design ECS:lc~prop~MaxHassePmposal.doc DEC i -1999 Pg. _, -~,? __ BaranySchmittSummersWeaver AND ts AtR T~'~ g~lqCOiRl' O R A T E D CHARGE RATESCHEDULE JANUARY 1, 1999 PRINCIPAL ARCHITECT ................................................................... ASSOCIATE ARCHITECT ................................................................... PROJECT ARCHITECT/SENIOR PROJECT MANAGER ................ PROJECT MANAGER ......................................................... CONTRACT ADMINISTRATOR JUNIOR PROJECT MANAGER GADD TECHNICIAN DRAFTSMAN CLERICAL 115.00 per ManHour 95.00 per ManHour 80.00 per ManHour 75.00 per l~nHour 75.00 per ManHour 70.00 Per ManHour 65.00 perManHour 65.00 per ManHour 50.00 per ManHour REIMBURSABLE EXPENSES PRINTING & DUPLICATION ......................................... 1.15 times Architect's expended cost ARCHITECT'S BLUEL1NE PRINTING .................................................. $.20 per square foot MILEAGE ............................................................................................................ $.33 per mile LONG DISTANCE TELEPHONE POSTAGE/FREIGHT DELIVERY 1.15 times Archite~!s.exp~..pded Cost 1.15 times Architect's expended cost COMPUTER DISK ........................................................................................ $25.00 per disk Hourly Charge Rates and Reimbursable Expenses are subject to adjustment annually, on the first day of each calendar year. No .~-~ DEC ! 1999 Pla-_ _~ , .X_ECUTIVE SUMMARY APPROVAL OF TWO CONTRACTS FOR COLLECTION OF PAST DUE COLUER COUNTY SERVICE AND 'FEE ACCOUNTS RESULTANT OF RFP g99-2948 O~IVE: To have fhe Boaxd of Com~ Commissioners approve two contracts with collection companies to service certain past due accounts and to authorize the Chairwoman to sign the contracts. CONSIDERATIG¢4~ '~ ........... ~ m~y ye~s to collect certain accosts ~at ~e past due. In accord~ce Mth the Co~ty's Pmc~sing Policy, a Request for Proposfl (~P) w~ issued for these se~ices. A total of 123 notices were mailed to prospective proposers, 38 propo~l packages were requested ~ 12 pro~s ~re s~~. T~ ~l~fion commi~ r~ ~ pro~ ~d idemifi~ ~o proposem ~at s~ is reco~ending for awed of ~ese con~acted s~i~s. One ~mp~y is nafio~l ~d the o~ is local. A primary consideration is the percentage of collection costs. Collection companies are paid a percentage of the amounts collected. Therefore a lower percentage is more advantageous to the County. In addition, the companies must follow County standards for collection, time payments, and legal action. For example, legal action cannot be taken by anyone other than the Count3'. The use of two collection companies as opposed to one offers several advantages to the County including competition, responsiveness to County staff, specialization, and coverage (national versus local). There are several areas in the County's operations that can use ihese collection companies services. 'Some of them are: · Ambulance fees · Delinquent specialassessments · Underground utility'providers who have damaged County water transmission and wastewater collection facihties · Code enforcement liens *, Damaged transportation and roadway'facilities ~resulting from automobile wrecks. The two companies selected and recommended by staff are: Penn Credit Corporation at t8.5% of collections Professional Adjustment Corporation of S.W. Florida, Inc. at 20% of collections. The above two percentages are based on accounts turned over for collection which have .an origination date after October 1,195 ). For accounts that have an origination date between July 1, 1999 and September 30, 1999, both companies have agreed to a collection rate of 25%. For accounts that have an origination date before July 1, 1999, both companies have agreed to a collection rate of 35%. The higher rate is an inducement to accept and work accotmts that have alnmdy l~e~ ~ovked~by-~rio~' eollec~,n t~,_,nti'aclor. The terms of the contracts are for .a two year period. Each contract has one two year renewal option if both parties (County and contractor) agree to the extension. FISCAL ~IMPACT: Cash collections will be enhanced by thc succcssful cfforts of the collection contractors. Their 'remuneration is based on thc funds they retain after collection. GROWTH MANAGEMENT IMPACT: NA RECOMMENDATION: That the Board of County Commissioners award RFP 99- 2948 to Penn Credit Corporation and Professional Adjustment Corporation and authorize the Chairwoman to sign the agreements on behalf of the Board. SUBMITTED BY: REVIEWED BY: 'REVIEWED BY: APPROVJED~Y: Tere~a A. Riesen, Revenue Manager Department of Revenue Services J~]~[n A. Y0nk~k~ Director2- --' Dcl~artment of ReWnue Services 11, Director Purchasing Department Leo Ochs, Jr., Ad~inistr2itor Support Servic~/Division Date: ..1( ~'7/c] ? Date: ,EXECUTIVE SU?/IMARY RECOMMENDATION TO AWARD BID NO. 99-2979 FOR THE ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES. OBJECTI~'E: To obta~ advertising services pertaisfing to the reI~renced properties pursuam to state law and the County's~Purchasing~o-hcy. CONSIDERATION: Pursuant to Chapter 197. F,S., counties are required each year to advertise ~,'.. a;~.~ ~c:~.~ .~.,~ ?,_d ~angible person~l pr~?'.rfi¢.~ £~r which ~-',~m'aal tax payments ~bmve not been collected prior to final resolution of the ~paid debt. The list of delinquent real estate properties is to be adve~ised at least t~ee times prior the sale of tax ce~ificates. The list of delinquent t~gible personal prope~ies must be advertised at least once prior to the issu~ce of Section 197 F.S. calls for the Board of County Commissioners to select the newspaper for advertising the referenced lists of delinquent properties. In the event that the Board does not select the newspaper, the Tax Collector makes the selection. On September 22, 1999 solicitations were sent to six (6) area publications. On October 20, 1999 proposals were received from one (1) newspaper, Tuff Publicmions, Inc. A copy of the tabulation sheet is attached to this summary.. The specifications call for the successful bidder to publish the Delinquent Real Estate Tax Roll and the Delinquent Personal Property Tax Roll in the edition/issues agreed upon by the County, in a minimum of one thousand (1,000) copies of a newspaper of general circulation in Collier County as defined in Chapter 50, F.S, Tuff Publications proposes to fulfill the legal considerations and bid requirements by publishing these materials in the Everglades Echo. In addition, Tuff Publications proposes to include the delinquent tax advertising in the Golden Gate Gazette and the Naples Shopper at no additional charge. FISCAL IMPACT: The cost per household is as follows: ~q~ethod ~.ubli~.~atiou[s] t%0tal ~-~oa t ~ ~,ost/ltouseAli>l d Full Disa'ibution Everglades Echo Full Distribution Everglades Echo* $59,840 3,000 $19.83 $59,840 50,000 $ 1.19 Total $59,840 53,000 $ 1.13 *Includes publishing three (3) times in the Everglades Echo plus Golden Gate Gazette aad the Naples Shopper for a total circulation of 50,000. - DE l zl 1999 EXECUTIVE SUMMARY BID NO. 99-2979 PAGE TWO The estimated cost of the advextising (a total of four (~4) insertions) under the proposed bid offer is $59,840, though this figure is subject to variation depending on the number of properties listed. Upon selection of the newspaper, the 'I~x Collecto£s Office is respons~le ~or placing and paying for the advertising. The cost of the advertising is ultimately recovered from the buyers of tax certificates or the original property owner. -~P, OWTH MANAGE~*~_~NT~PAC"r'-~one RECOMMENDATION: That the Board of County Commissioners award Bid No. 99-2979 to Tuff Publications, Inc. as shown herein for the advertising of delinquent real estate and personal property *J.xes for !999. Rhonda L. Tibbetts, Purchasing Agent Purchasing Department REVIEWED BY: Ste~henSY. Camell, Director Purchasing/General Services Date: APPROVED BY: Leo E. Ochs, Adminis~a~fr Support Services Div~si6n Date: DEC 1 1999 EXECUTIVE SUMMARY QUIT CLAIM COLLIER COUNTY'S INTEREST OF ANY) IN LANDS SOUTH OF PINE RIDGE ROAD RIGHT-OFwWAY l~ll,I~,l~[2t~: To remove a cloud to rifle on lands south afm_~ng Pine Ridge Road right.-of-way. Collier County does not have, has never had, and does not need to acquire any interest in the subject CONSIDERATION: George P. Langford, Esq., has requested assistance in clearing title to property located south of and adjacent to the existing fight-of-way for Pine Ridge Road in Golden Gate Estates, Un_it No. 26, which is cm'rentty o,.~med by !,'~nne~h ~d Martha Vaug~m. On June 6, 1980, a Deed was recorded in OR Book 874 Page 1607 of the Public Records of Collier County, Florida, between William M. Murdick and Yachiko Murdick, and Ralph Doxsee and Luella Doxsee conveying the ProPerty described as the West Half (1/2) of Tract No. 76, Golden Gate Estates, Unit No. 26, according to the Plat thereof, recorded in Plat Book 7, Pages 15 and 16, of the Public Records of Collier County, Florida and consists of a Reservation wh/ch states "Reservation: minus the forty-five by one hundred sixty-five foot parcel sold to Collier Country for road widening". On June 27, 1980, a Right-of-Way Easement was recorded in OR Book 880 Page 1093 of the Public Records of Collier County, Florida, from William M. Murdick to Collier County for the North 75 feet of -thc West 1/2 of Tract No. 76.-Golden Gate Estates. U~fit No. 26, a subdivision of parts of Section 9, 10, 15, and 16, Township 49 South, Range 26 East, according to the Plat thereof, recorded in Plat Book 7, Pages 15 and 16, of the Public Records of Collier County, Florida. This 75' was required for Pine Ridge Road right-of-way. On November 10, 1994, a Corrective Right-of-Way Easement was recorded in OR Book 2002, Page 727 of the Public Records of Collier County, Florida, from Ralph Doxsee and Luella Doxsee to Collier County' for the North 75 feet of the West 1/2 of Tract No. 76, Golden Gate Estates, Unit No. 26, a subdivision of parts of Section 9, 10, 15, and 16, Township 49 South, Range 26 East, according to the Plat thereof, recorded jn Plat Book 7, Pages 15 and 16, of the Public Records of Collier County, Florida. The Corrective Right-of-Way Easement was recorded to reflect the proper grantor. The correct legal description should be: The West Half (1/2) of Tract No. 76, Golden Gate Estates, Unit No. 26, according to the Plat thereof, recorded in Plat Book 7, Pages 15 and 16, of the Public ~'Records offi2xyllierx2ounty,~lonaa, subject to a perpetual and non-exclusive easement for road right-of- ~way,-sidcw-alk, ~dr~nagc, utitity and ~aintenm~ce~pta~poses -ovc~', -under,-upon, and across -the North Seven _ty-five (75') feet of the West Half (1/2) of Tract No. 76. Golden Gate Estates. Unit No. 26, according to the Plat thereof, recorded in Plat Book 7, Pages 15 and 16, of the Public Records of Collier County, Florida. The attached Quit Claim Deed conveys any interests that the County may have to the current property owners for the West Half (1/2) of Tract No. 76, Golden Gate Estates, Unit No. 26, less the required Ncrrth Seventy-five (75') feet which is being utilized for Pine Ridge Road right-of-way, i"- ^~no^ ~'x£~ I I[ Ec q ! _l Executive Summary Page 2 County staff ~rnains of the opinion that the attached is not necessary, however, due to a request made by the property owner's attorney, the attached would clear any clouds on title that may exist. FISCAL IMPACT: None. Recording fees will be paid bygrantee. RECOMMENDATION: That the Board cfi Cmmty C~mmission_~ ~pprove and authorize the Chairwoman to execute the attached Quit Claim Deed, and to authorize staff to deliver said Quit Claim Deed to the Grantee. Cindy ~. rb, Sp~ialist II Real Pro~erty~l~agement Department /,~evin~Ieh"-dri~k~, R0'v~r ~'Valuation Coordinator Real Property Management Department San'~l~ylor, Di~'ector -- ?"' Real. Property ~agement Depar~ · APPROVED BY: t~o E. Ochs, Jr., SclS'lbort Services Administrator /? DATE: DATE:/,~ -/- / '7 DATE DATE DEC 1 zt 1999 FOLIO:' 37927160009 I~epare~ bF.' Robert N. Zachary, ~.~1~¢ Office of the County Attemey* 3301 East Tamlaml Trail t~aples, florida 34112 ~941) 774-8400 QUITCLAIM DEED THIS QUITCLAIM DEED axecuted thi~ _d~_ ypf .... ;9 ~by COLLIER COUNTY, a political subdivision of the State of Florida, its sucoessors and assigns, (hereinafter called the Grantor), to KENNETH VAUGHN AND MARTHA VAUGHN, whose post-office address is 1392 Frank Whitman Boulevard, Naples, Florida 34103 (hereinafter called the Grantee): ('v*Ch~Te~i~:~_~?~:m~:'~-=~:,~d "G~.ee" include ail the p_~!c~. to this instrument and their respective heirs, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land situate, lying and being in Collier County, Florida, to wit: The West Half (1/2) of Tract No. 7§, Golden Gate Estates, Unit No. 26, according to the Plat thereof, recorded in Plat Book 7, Pages ~ 5 and 16, of the Public Records of Collier County, Florida, less the North 75 feet thereof. Subject to easements, restrictions, and reservations of record. 'TO HAVE AND TO HOLD .the same together with all appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,Deputy Clerk BY: Pamela S. Mac'Kie, Chairwoman THIS INSTRUMENT PREPARED WITHOUT ~ENEFtT OF OPINION OF TITLE. .DEc 1 q 1999 EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE STAFF TO .PROVIDE NOTICE 1N ORDER TO CONTINUE LEASING SPACE CONCERNING THE ~HF. tllt*t~'S OFFICE RELOCAT:IONOF4BUItJI~ING "A'. ~: Request that the Board of County Commissioners authorize staff to provide notice in order to continue leasing space concerning the Sheriffs Office relocation of Building "A". CONSIDERATION: ~ Fe!z.~raa.~,.23, ~, 999, Lhe ~ard o£ ComnW Commissioners ~proved a Lease Services, Inc. in order to accommodate the occupants of Building "A" at the Government Center. Both A~eements are scheduled to terminate on March 31, 2000. Each Agreement contains a month- to-month 'renewal provision in order for thc County to continue teasing under thc same terms and conditions within the existing Leases. No new Leases are required. However, the Cotmty is required to provide each landlord with thirty (30) day written notice prior to the expiration of the Lease term of its intentions to renew. With the month-to-month term, Collier County may terminate the Agreements, at any time, by providing the Lessor and/or Sublessor with a Iifteen (15) day notice lo terminate. Once the addition to Building "J" is complete, staff shall advise the Board of the termination of these Leases. The anticipated groundbreaking for the addition to Building "J" is January 2000. FISCAL IMPACT: The annual rents and any increases in rent thereto, based on Consumer Price Index figures, shall continue to be withdrawn from account 001-0610i 0-644100 (General Fund, Board of County- Conmaissioners for Sheriff, Rent). GROWTH MANAGEMENT: None RI~COMMENDATION: That the Board of County Commissioners authorize staff to provide written notice to the appropriate landlords in order to continue leasing office space for the temporary relocation of the occupants of Building "A". Mi{ch~el Hi Dowling, SPe~..~t III, ~0al Property Management Department Leo E. Ochs, Jr., Administrator, Support Services Division / DEC 1 z -1999 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD RFP 99-2999 TO CONDUCT PAY AND CLASSIFICATION :STU DI ES. ensure that thru pay and classification plans for ail County Agencies cumpc-titive hiring and re~emion of quality employees. -K':O~sgH~E-.~RATtON: During thc FY00 hud~m-d~hc, r,nfi,~n.~ ~hc Board of County' Commissions directed staff to coordinate with all Constitutional agencies to obtain a comprehensive compensation study. Accordingly, staff has organized a committee with representatives from each agency to coordinate the project. Pursuant to this, the Purchasing Department issued a Request for Proposals to 18 firms on October 15, 1999. On November 5, 1999, proposals from six firms were received. Members of the committee reviewed and scored the proposals and by consensus are recommending the selection of Arthur Andersen, LLP. A summary of the significant selection factors is attached. The work will be~performed in ~two phases. The first phase will be a pay study utilizing benchmark positions from all agencies compared to the appropriate labor markets. The results of the pay study will be utilized to develop compensation strategies to be presented to the Board in conjunction with the adoption of the FY01 budget policy. The second phase will be a complete study of all position classifications within the BCC Agency. The results will be subsequently presented to the BCC. FISCAL IMPACT: The total cost for both phases is estimated not to exceed $84,000. Funds for this project will need to be transferred from General Fund Reserves. Therefore, authorization of the requisite budget amendment is also requested. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award RFP 99-2999 to Arthur Andersen, LLP in an amount not to exceed $84,000 and that the Chairwoman be authorized to sign an agreement with the firm, subject to County Attorney review and approval. In addition, that the Board authorize the requisite budget amendment. DEC 1 1999 SUBMITTED BY: -_ ..... ~--..--r-- ~/'~; ' '~/? Date: Date: Date: , ~ · DEC 1 zt 1999 pg._ ~'~ CONSULTANT SELECTION .-SLtMMARY OF SIGNIFI ~CANT FACTORS FORM RFP #: _99-2999 RFP TITLE: P~and Classification Studies. SIGNIFICANT FACTORS PERTAINING TO SELECTING TOP RANKED FIRM: 1. Level of Experience with similar projects and clients, 2. Layout and Clarity of Schedule. o .Fee, quote (reasonable and inclusive), ..... P-u{ch~sing ~gent ' Da{e ! Date DEC 1 z~ 1999 EXECUTIVE SUMMARY APPROVAL OF RESOLUTION RATIFYING EXPENDITURES FOR PRINTED OR EMBROIDERED COUNTY SHIRTS AND HATS AS SERVING A VALID PUBLIC PURPOSE. OBJFCTtV~: T~mt tb~ Beard of£e~nt}, £om_,ni~ion~s ~pprove a r~o!utien fiading and ratifying that expenditures for clothing that is printed or embroidered with the County logo and/or division or department name for County employees arc a valid public purpose. CONSIDERATION: For many years, several County departments have furnished printed or embroidered shirts and/or hats to employees to present a professional, uniform appearance to customers. Customers needing assistance are able to more easily identify employees wearing this clothing. In addition, wearing such clothing creates a team-like atmosphere which enhances employee morale and productivity. Collier County Ordinance 8%5 allows for expenditures for County funds to enhance employee productivity. For pre-audit purposes, the Finance Department has recommended that this specific expenditure be authorized by resolution. FISCAL IMPACT: Nominal expenditures for these items are routinely budgeted in department operating budgets. GROWTH MANAGEMENT IMPACT: None. 'RECOMMENDATION: That the Board approve the attached Resolution ratifying and approving the expenditures for clothing that is printed or embroidered with the County logo and/or division or department name for Cotmty employees finding that said expenditures serve a valid public purpose. Further, that the Board authorize the disbursement of funds to pay for said expenditures. .... -"xKaren A. Kocses~ S~'lior Human Resources Analsyt REVIEWED BY ~.; ..Z..'~¢_..f~ Date: f/, //~,, 5' J~,£c'?~Ej~w~s, Htnllan Resources Leo Ochs~ Jr.,/Support~Services Administrator -- Ill A~.. NDA; I.TE~ DEC 1 q lggg RESOLUTION NO. 99- ~ RESOLUTION RATIFYING AND APPROVING ,Ti-IE 'E~ENDITURE OF COUNTY FUNDS FOR CLOTHING THAT IS PRINTED OR EMBROIDERED WITH THE COUNTY LOGO .aND/OR DMSION OR DEPARTBIENT NAME FOR COUNTY EIvIPLOYEES AND THAT SAID EXPENDTIURES ARE AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Board of County Commissioners is desirous of creating, within Collier County govezm.o, ent, a mote produgiive and t~icienl working ,nviroran~t; aml WHEREAS, County employees wearing clothing that is embroidered or printed with the County logo and/or Division or Department name are easily recognized by the public and cust~arrs; and WHEREAS, County employees wearing clothing with the County logo and/or Division or Depa,iment name create a team-like am~osphere which enhances employee morale; and WHEREAS, Collier County Ordinance No. 87-5 allows for expenditures for Cmmty funds to enhance County ,m~rploye, productivity, and recognizes that the promotion and engendering of good will toward the County is an important factor affecting the pride of County employees in their work, provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Expenditures for clothing that is embroidered or printed with the County logo and/or Division or Department name for County employees are hereby found by the Board to serve the valid public purposes of increasing employee productivity, increasing responsiveness to the needs and requests of the citizens and residents of the county, and promoting and engendering goodwill toward County government. The~Board hereby authorizes disbursement of moneys to pay for said expenditures. 'Th~sltesolutmn atlopte~ al'trr mouon, se¢ontl ama maJomy yom ~avoring aaron. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Attestas to Ghairman's signature only By: PAMELA S. MAC'KIF.., Ghairwoman Approved as to form and legal sufficiency: DEC 1/.r 1999 pg. ,~"~ _ EXECUTIVE ,S: IMMARY APPROVE A DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT FOR RIGHT-OF-WAY DEDICATIONS MADE ON IMMOKALEE ROAD AND CR-951. 4::~BJ~~: To o~air~ Bomb! ~pprov~t for~a Ge~:~per Con~bt,-'fien Reimbursement Agreement between Collier County and the Developer for contributions made to the County's Transportation Network. CONSIDERATION: Ordinance No. 92-22, as amended, Section 3.06, provides for the establishment of a "development contribution credit" against road impact fees imposed under Section 2.01, in return for certain donations of required lands. Under the provisions of the above-referenced Ordinance, when the Transportation Director approves the dedication of said land as being necessary for the construction of Collier County "transportation network" improvements, the Director may ask the Board of County Commissioners to approve a Developer Contribution Agreement which will establish a credit against impact fees otherwise payable for the development of the parent parcel from which the dedication came. The Richland PUD, County Ordinance No. 97-27, currently being developed as Pebblebrooke Lakes (residential portion) and soon to be developed as Pebblebrooke Plaza (commercial portion), required the developer to dedicate 50 feet of right-of-way along the south side of tmmokalee Road to accommodate future road expansion. In return, the developer was to receive road impact credits in an amount equal to the value of the dedicated land. In addition to the right-of-way along Immokatee Road, intersection improvements at CR-951 and Immokalee Road required the acquisition of 60 feet of right-of- way from the Richland PUD property along the west side of CR-951. Both the Immokalee Road right-of-way arid the CR-951 right-of-way were dedicated to the County during the platting of Pebblebrooke Lakes, in Plat Book 30, Page 4, of the ¢~btic ~'~=~e~s ~f C.~tLer ~nty, ~lorJda. Staff has determined that compensating the developer for the right-of-way conveyed to the County is best accomplished through a combination of road impact fee credits for the lmmokalee Road dedication, and a cash payment (reimbursement) for the CR-951 dedication. i AGENOA ~TE_~ ..., No.. / DEC 1 1999 ,, / Executive Summary (cont'd.) Page 2 The value of the lmmokalee Road contribution is One Hundred Ninety-Six Thousand and Five Hundred Fifty Four ($t96,554)Dollars. The value of the CR- 951 contribution is One Hundred Eighty-Seven Thousand and Five Hundred Ninety Six (,$187,596) Dollars. These values were dedved from an analysis of comparable sates ~f ~imi!er,oropePJes, ,between .unrelated pa.,!ies Jn a ~argaining is required pursuant to both the Road Impact Fee Ordinance and the Collier County Land ~Development Code. -As a matter of'fact, approval of-r_he attached DeveloperContnbmion ana Reimbursement Agreement, which pertains only to the commercial portion of the Richland PUD, and the formula for calculating the dollar amounts contained in said agreement, was made a part of the Purchase Agreement for 1,998 square feet of additional right-of-way required for the roadway improvements beyond that dedicated via the plat. The above-referenced Purchase Agreement was entered into on August 6, 1999. FISCAL IMPACT: Road Impact Fee Credits in the amount of $196,554 will be issued against, and ccash payments in the amount of $187,596 made from, Road impact Fee District One. GROWTH MANAGEMENT IMPACT: Granting of the impact fee credit and execution of the Developer Contribution Agreement will provide for the construction of necessary infrastructure consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Developer Contribution and Reimbursement Agreement, and authorize its Chairwoman to execute same, in duplicate Authorize staffto ~eco~ the Developer Contribution and Reimbursement Agreement in the public records of Collier County, Florida; and Authorize payment by County warrant to Pebblebrooke Plaza Limited Pa~ ~ 1he ~t as &~;i,~d in the Acjr~ernent. AGENOA DEC 1 1999 Executive Summary (cont'd.) Page 3 Approve any and all budget amendments which may be necessary for the reimbursement. SUBMITTED BY: ~,~_~.~'~.~~,,..-~-~ Date:/Z- 2 : ~v~-n'l~qcl~'~ ,~'~,'~/V-tJesi n a ValuaQo~ Co~minator ~~/~ ~ ~. ~ ~--- ~~ ....... REVIEWED BY: ~' ~ - "' ~"-'~ p. ~ ua~e: / ~ -- Edward J. Kant~.~mnspo~ation ~ices Director / i APPROVED BY: ~:~ Date: : :/~ Leo E. Ochs, Jr., Su~od Se~ices Administrator No._ 1~-/) 7 DEC 1 z~ 1999 DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , !999, by a~d bet,. ~,~een PEBBLEBROOKE P~ LIMITED PARTNERSHIP, a ~'Ioricla Welsh Companies, S.E., Inc., 2400 9~ Street North, Suite 101, Naples, Florida, 34103, and COLMER COUNTY, FLORIDA, a political subdivision of the state of Florida -(hereinafter referred [o as~County'') whose mamng a~lclress Js 3301 Tamiami ~rai; East, Naples, Florida 34112. RECITALS WHEREAS, the Immokalee Road four-laning project from Interstate 1-75 to County Road CR-951 (CIE Project No. 008) required the acquisition of additional right-of-way from pr~3pertie~ abutting ~he existing south tight-of-way line; and WHEREAS, Collier County Ordinance No. 96-03, creating the Richland PUD, required the conveyance of 50 feet of right-of-way along Immokalee Road (CR-846) in return for road impact fee credits in an amount equal to the market value of the right-of- way being conveyed; and WHEREAS, said 50 feet of right-of-way along Immokalee Road was dedicated to County and accepted by Collier County, upon the recording with the Clerk of Court, of the plat of Pebblebrooke Lakes, in Plat Book 30, Page 4, of the public records of Collier -WHEREAS, ;Dove- I(~pe~ -was-~ecord ~tille ~holder io ~he commercial pcJrtion of "the Richland PUD at the time of the platting of Pebblebrooke Lakes; and WHEREAS, County Road Impact Fee Ordinance No. 92-22, as amended, provides for the issue of road impact fee credits to developers by County, in return for contributions to the County's transportation network; and - A~ENOA--! .~. Pg...._?.,/~ · DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Cont'd.) Page 2 WHEREAS, County Road Impact Fee Ordinance No. 92-22, as amended, provides that the value of the Contribution shall be based upon an appraisal of fair market value: and WHEREAS, the County has caused the fair market value of the Contribution to be appraised; and WHEREAS, both Developer and County agree that the market value of the dght- of-way dedicated along Immokalee Road, located within the commercia! portion of the Richland PUD, as derived-from an analysis of comparable sales of similar properties, between unrelated parties in a bargaining transaction, is $196,554; and WHEREAS, Developer accepts the appraised value of the Contribution; and WHEREAS, both parties to this Agreement acknowledge that the Road Impact Fee Credits established under this Agreement shall run with the Property, and shall be reduced ~V the amount of the Road Impact Fee due for each _b_ui!di!3.go p_etmJt .issued thereon, until all such Credit has been exhausted, or until all development upon the Property has been completed; and WHEREAS, both parties to this Agreement acknowledge that Road Impact Fee Credits shall be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce any other charges, fees or other impact fees for which the Developer is responsible in connection with the development of the Property; and WHEREAS, the Contribution is in conformity with contemplated improvements and additions to the transportation network; and WHEREA. S,-the Road Impact Fee Credits issued pursuant to the terms of this Agreement, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing, growth-necessitated capital improvement and additions to the transportation network; and .o. DEC '1.999 DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Confd.) Page 3 WHEREAS. such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the arterial and collector WHEREAS. the proposed plan is consistent with the public interest; and WHEREAS. in accordance with the intcmc~Jon improvements at County CR-951, which were part of County's plans for the four-laning of Immokalee Road from Interstate 1-75 to County Road CR-95t, Developer also dedicated 60 feet of right-of-way along County Road CR-951 at the time of the platting of Pebblebrooke Lakes; and WHEREAS, both Developer and County agree that the market value of the right- of-way ~ledicated along County Road CR-951, tocated within the cor'c~',e,"cial portion of the Richland PUD, is $187,596; and WHEREAS, County has agreed to compensate Developer by County Warrant in an amount equal to the market value of the right-of-way dedication along County Road CR-951 located within the commercial portion of the Richland PUD; and WHEREAS, both parties to this Agreement acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions; and WHEREAS, both parties to this Agreement acknowledge that the burdens and benefits of this Agreement shall be binding upon and shall inure to the successors in interest to the parties to this Agreement;, and WHEREAS, both parties to this Agreement acknowledge that this Agreement is not to be construed as a development agreement under the Florida Local Government Deve~pme~ Agreement Act. DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Cont'd.) Page 4 WITNESSETH valuable consideration exchanged between the parties,-the-receipt and sufficiency of which is mutually*acknowledged, .and in consideration _of the _c,ovP. oaots ~contained herein, the parties agree as follows: !. The above recitals are true and correct, and are herewith, incorporated as a part of this Agreement. 2. In exchange for the Contribution, the Developer shall be entitled to a Road Impact Fee Credit in an amount not to exceed ONE HUNDRED NINETY .~IX THOUSAND, FIVE HUNDRED FITY FOUR ($196,554.00) DOLLARS. This credit shall be available immediately upon the approval of this Agreement by the Board _of County Commi_s$ion__e _re _of _CDJ!jer C4)unty~ FJorJ.da 3. County shall apply portions of the Road Impact Fee Credit toward the Road Impact Fees which the Developer is required to pay for each building permit which is applied for on the Property, reducing the balance of the Road Impact Fee Credit by the same amount due for each building permit so issued. 4. County shall provide Developer with a certified copy of this Agreement, including all exhibits attached hereto, such that Developer's certified copy of Exhibit "A" (Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document Developer's balance of Road Impact Fee Credits. 5. With each 'building permit issued on the *Property, the County shall subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees appropriate to that particular permit and shall enter the new balance in the ledger column labelled Impact Fee Credit Balance. Next to this new credit balance, both the DEC 1999 DEVELOPER CONTRIBUTION AND REIMBURSE~ AGREEMENT (Cont'd.) Page 5 County Official issuing the building permit and the Developer's Representative applying for the building permit shall print and sign their names. within sixty (60) days, refund to the Developer the Impact Fee Credit Balance pursuant to this Agreement. Said wdtten appli..c~tion ~,shal! Jnc. lude a certification. made by the Developer that all development subject to the payment of Road Impact Fees has been completed on the Property. The refund by County shall be disbursed as agreed between Developer and County based upon the Liquidity of Road Impact Fee Distdct #1 and provided it does not adversely affect the cash flow of said Road Impact Fee District account; provided, however~ notwithstanding the foregoing, the refund shall be paid to Developer no later than five years from the date Developer's application. 7. County shall pay Developer ONE HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED NINETY SIX ($187, 596) DOLLARS by County Warrant within sixty (60) days of execution of this Agreement by both parties. 8. County shall record this Agreement in the public records of Collier County, Florida, within 14 days of its execution by the Chairman of the Board of County Commissioners. 9. Developer acknowledges that the Contribution contemplated under this Agreement --road ~ency ~for a ~oad within ~the ~oundari~ ~f ~ ~-ight-of-way. 10, Either party to this Agreement may file an action for injunctive relief in the Circuit Court of Collier County, Florida, to enforce the terms and conditions of this all other remedies Agreement, said remedy being cumulative with any and available to the parties for enforcement of the Agreement. DEC 1 1999 DEVELOPER CONTRIBUTION AND REIMI~URSEMENT AGREEMENT (Confd.) Page 6 11. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute but one Agreement. parties to the Agreement, or by their successors in interest. !3. This written Agreement, including-aH-exhibits attached hereto, shall constitute the entire agreement and understanding of tr, e parties, and there are no prior or contemporaneous written or oral agreements, understandings, promises, warranties or covenants not contained herein. 14. This Agreement is governed and construed in accordance with the laws of the E~.ate of F__.Jop~Ja. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Pamela S. Mac'Kie, Chairwoman EXIHBIT "A" DEVELOPER*S ROAD iMPACT FEE CREDIT LEDGER IMPORTANT: This Road Impact Fee Credit Ledger is intended to document de balance of Road Impact. Fee Credits applying ONLY to that certain property described in the Warranty Deed recorded in OR Book 2397, Page 2190, o£ih~ pubtie ~oYds o£Collie~ Co~¥fly, Florida, on March 12, 1998, and re-recorded in OR Book 2426, Page 2302 ~n~fi~pt~b~ 4, 199_8. BEGINNING BALANCE ......................... $196, 554 DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER IMPACT CREDIT REPRESENTATIVE FEES DUE BALANCE (SIGNATURE) ISIGNATURE) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Confd.) Page 7 AS TO DEVELOPER: (Pd~ F-ull Name) (Signature) (Print Full Name) COUNTY OF: ~,~---~z~'~' Pebblebrooke Plaza Limited Partnership, a Flodda limited partnership By: Pebblebreoke Development, Inc. a Florida t, omoration. By: G~~ch, President The foregoing Developer Contribution and Reimbursement Agreement was executed before ,,me this j~ ~--'-:,'4 .... ~.~ ~~.... ~,~. ~ d aaa by G~,~-.rge ~/ukobrato,;i~h, as President of Pebblebrook Development, Inc., General Partner for Pebblebrooke Plaza Limited Partnership, a Florida limited partnership, who: c.-""is personally known by me OR __ who has produced Affix notadal seal as proof of identity. Notory Public (signatuLe~ Print Name of Notary Public Commission No: My Commission expires: ~.~.//,2. Approved as to form_ and ~ .sufficiency:. Heidi F. Ashton Assistant County Attorney DEC 19991 "°., .... // EXECUTIVE SUMMARY .At)PR,OVAL t*OR 'ST~.~I* ~ NEGOTIAT.~ A LEASE \~EMENT WITH HORSESHOE SQUARE DEVELOPMENT, L.C. IN ORDER TO RELOCATE THE DEPARTMENT OF REVENUE AND THE TRANSPORTATION SERVICES DEPARTMENT. ~: Approval for staff to negotiate a Lease Agreement with Horseshoe Square Development, L.C~ in order to relocate, tire D~arlm~ of Reveame and ~he Transportation S~rvic~ D~parlment. CONSIDERATION: The Depzrln~ent ofRevenue (DOR), has been requested to reloealc their office which is presently-located at the ~Development-services ~Building on HorseShoe T)rive in order to accommodate growth within Development Services. the Government Center. This building is being vacated for thermo storage expansion for the air conditioning system at the Government complex. Office ,,pace F~,,r, bc,~n R~cmed at the e, ewly consmac~d t-torseshoe Square iocated on South tqorseshoe Drive. This facility will consist of two (2) free-standing, one-story buildings and one (1), two-story building. ~e buildings shall be completed tate Jan~ ~ith ~-occupancy ~date of mid~Februm3,. The Public Works Administrator has requested to lease the free-standing building located on the easterly portion of the property. This building totals approximately Nine Thousand Five Hundred Sixty-six (9,566) square feet. This space will accommodate the Transportation Services Department and possibly the Storm,~:ater Management Depam~ent. The Department of Revenue has elected to occupy the first floor of the two-story building. The approximate total square footage is Seven Thousand Two Hundrod Eighty-nine (7,289). The relocation of both offices to the same property will minimize the cost of nmning fiber optic cables for communications and computer service. The location of the proposed property is within close proximity to Ire Development Services Building as well The negotiated square foot price for the office space is Twelve Dollars and Ninety Cents ($12.90). The Common Area Maintenance costs for the first year shall be One Dollar and Ninety-five Cents ($1.95) with annual adjustments. The County will be responsible for janitorial services within the office space, light bulb and air conditioning filter replacement, electricity, telephone and communications costs. The landlord shall make all improvements to the space according to the County's direction. The landlord has ~ee,~ ~to afive (5) year ~ease~tenn w/th annual ~'enewals, ifneeded. ~ armual rent shall-be adjusted-by four (4) percent per year. This amount was negotiated fi.om the landlord's standard five (5) percent annual increase. The Lease shall also contain a termination clause for the County ~o terminate at any time by providing the landlord with sixty (60) day written notice. no. DEC i q 1999 Pi).,,, / _ FISCAL IMPACT: The annual rental amount for the Department of Revenue shall be approximately Ninety-four Thousand Twenty-eight Dollars and Ten Cents ($94,028.10). The annual CAM charges for the first year of occupancy shall 'be Thirteen Thousand Eight Hundred Forty-:!ne Dollars and Ten Cents ($13,849.10). The CAM charges shall be paid monthly. Those funds and all associated operating costs for electricity and communications shall be withdrawn from account 510-102010-644100 (Department of Revenue, Administration, Rent-Buildings). The annual rental amount for the Transportation Services Department and the Stormwater Department shall be approximately One Hundred Twenty-three Thousand Four Hundred One Dollars and Four Cents ($i23,40t ~04). *~'he annual CA3/I c-harg~ shall be ]Sighte~n Thousand One I-Iundrext ~evcmty-i'ive Doltar~ ~and Forty :Cents ($t8,175,40). Those funds ~nd :all operating costs for electricity and communications shall be withdrawn from ,account 101-163610-644100 (Road .and Bridge, Transportation Administration, Rent-Buildings. Once it is agreed that the Stormwater Management Department will be relocating along with Transportation Se.'",'ices Depament, that portion of the office utilized by Stormwater or another Department shall be paid for from that Department's operating budget. GROWTH MANAGEMENT: None RECOMMENDATION:. That the Board of County Commissioners authorize staff to proceed with I,ease negotiations with Horseshoe Development, L.C. and authorize its Chairwoman to execute a formal Lea~e Agreement following approval by the Office of the County Attorney. Submitted Byi ' _ a ~ .... - - Date: ~-¢-~ ~9 ~ ~ ~-~lichael'H. Dowling, Specia!Ct~!~ Rear ~roperty Management Department Date: /~) l ?) i fi ~:' Leo E. Oc~hs, Jr., A r, Support Services Division AGENOA ITEH DEC 1 1999 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 12/14/99 Solid Waste Management (Fund 470) Budgel Amendment g00-067 Capital Data ~rcmessmg ~:~u/pmem 52,392 Reserves Reserves for Capital Outlay (2,392) Total: -0- Explanation: Funds are needed to replace two 75-MHz computers purchased in 1995. Computers do not properly run Office programs. IT recommends replacement. Gax Tax (Fund 313) Budget Amendment//00-069 Operating Expenses Engineering Fees $9,999 Reserves Reserves for Capital Outlay (9,999) Total: -0- Explanation: Funds are needed for redesigns and additional designs at Walgreens site. Redesign required at Walgreens site due to FDOT's deletion of a left turn lane, which caused additional landscaping. Additional construction observation services required due to construction time extensions and extended time for punch list work. Additionally, concept design drawing prepared for additional landscape work along easterly 3,000 foot segment pursuant to public issues. AGENDA ITEM No. DEC Pg._ t999 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR A COUNTY HOLIDAY PARTY TO RECOGNIZE PUBUC SERVICES PERFORMED BY COLLIER COUNTY EMPLOYEES OBJECTIVE: That the Board of County Commissioners adopt a Resolution ~ ~hat ~x]3~r~litures ~ot ~ ~xceed $7,O{~) fo~' ~ Dece-~r 13, ~1999 ~l~r ~~ ~mptoy~ ~liday-~ are ~or a va!~ ~-pu~e -to ~e~nize outstandiqg public sewi~s pe~ormed by CollierCounys employees. CONSIDERATIONS: The Board of County Commissionem is desirous of creating, within ~Jolt~r County Government, e more procluct;ve and efficient working environment. To this end the employees have organized a holiday party scheduled for December 18, 1999. The Employee Advisory Committee voted to host this event at the Florida Sports Park. The Sports Park will provide a dinner buffet and entertainment. ff ~s -the purpose of ~these ~expenditure's to ~recognize ~)utstanding ~unity services performed by Collier County's employees by providing a holiday gathering for the employees and their families. The Board has previously approved and budgeted $7,000 toward funding this party. Communication has occurred between the Collier County Clerk of Courts and the County Attorney's office regarding the need for the Board of County Commissioners to clarify whether these expenditures for this party constitute a "valid public purpose." This approval is desired because Collier County Ordinance No. 87-5 does not expressly cover these specific expenditures in any expenditure category in that Ordinance. It is the purpose of the proposed attached Resolution to clarify that the Board's intent is to approve these expenditures for this planned holiday party event. The specific expenditures (the total amount of which shall not exceed $7000.00) are as follows: Payment for Hall Rental, damage deposits, dinner, entertainment (Disc Jockey), and labor to host the event. .FJSCAL ~IP. ACT: Funds are budgeted and are available in ~the Cterk~s cost center in the amount of $7,000 for this event. A budget amendment will transfer these funds to the County Administrator's budget to be expended for these purposes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approval of this Executive Summary will result in the Board adopting the attached Resolution to approve specific expenditures to be incurred at the Collier County's employee holiday party scheduled for December 18, 1999, approving necessary budget amendment(s); making a finding that said i AGENDA IT,EM expenditures serve a "valid public purpose," and authorizing Chairwoman Mac'Kie to sign the Resolution on behalf of the Board. Prepared By: Date: 1 Jol~n Dunnuck, Assista~ to the County Administrator' Office of the County Administrator Approved By: Rob Fernandez, County Administrator Office of the County Administrator Date: AGENDA,_ ITEM - No, ~,,'r~ _ DEC 1 ~ 1999 I 2 3 5 6 7 9 I1 12 13 14 15 16 17 18 19 20 22 23 74 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 49 51 52 53 54 55 56 57 58 59 6O 61 62 63 'RESOLUTION No. 99 - A RESOLLFFION APPROVING, AS A VALID PUBLIC PURPOSE, EXPENDITURE OF COUNTY FUNDS FOR COSTS TO BE INCURRED AT THE DECEMBER 18, 1999 COLLIER COUNTY EMPLOYEE HOLIDAY PARTY WHEREAS, Collier County Ordinance No. 87-5 allows expenditure of County funds to enhance County employee productivity, promote and generate in~s~ empire msp~si~n~ to ~e n~s a~ f~ts of the citizens and residents of the County; and WHEREAS, Ordinance 'No. 87-5 requires that the ~Board of County Commissioners ("Board") adopt and implement a Resolution setting forth the purF, c.;.~ c~ ~XT~-~.iturc.=J.ncurr~d for the above-lis ~d..~r~c~e=; WHEREAS, the Board, through its staff, is planning a holiday party for Collier County employees and their families to recognize Collier County employees' outstanding service to the community; and WHEREAS, the Board hereby approves the expenditures for the holiday party and finds that this planned event indeed serves a valid public purpose; and WHEREAS, the Clerk of Courts has conferred with the County Attorney regarding need to clarify specific expenditures that the Board may intend to approve as serving a "valid public purpose" although such expenditures are not expressly included in any expenditure category listed in Ordinance No. 87-5. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Expenditures not to exceed $7000.00 for the Collier County employee holiday party (to be held on December 18, 1999) are hereby found by the Board to serve a valid public purpose and are approved. The expenditures hereby approved are: Hall Rental Damage Deposit Labor (bartenders, servers, utility personnel) Dinner Entertainment (DJ) The Board of County Commissioners hereby authorizes such disbursement of funds not to exceed $7000.00 to pay for the above-listed expenditures. All required budget amendments are hereby authorized. This RESOLUTION adopted after motion, second and majority vote favoring DA'FED: A'r'FEST: DWIGHT E. BROCK, Clerk ,BOARD OF.COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as t~ form and legal sufficiency: Thomas C, Palmer Assistant County Attorney PAMELA S. MAC'KIE, Ch ...... ..-'-n , ...... AGENDA ITEM No. ~ l~r~- _ BEC 1 t999 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE P~_mqt to Resolution No. 99-4t0, ~ Board of Coum3~ Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relaie to Collier County matters. In accordance with Resolution No. 99-410, Commissioner rqac' K±e hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: 'Function/Event: 2000 YMCA Conanunity Prayer Breakfast (table of 8 from County) Public Purpose: Government participation in faith conanunity's annual meeting - keynote speaker - Mr. Reid Carpenter, President o~ Pittsburgh Leadership Foundation Date of Function / Event: April 13, 2000 Amount to be paid by the County: $200 Mileage: n/a October 18, 1999 The YMCA of Collier County Ms. Pam Mac'Kie Board of County Commissioners 3301 Tamiami Trail E. Naples, FL 34112 RE: 2000 YMCA COMMU. hrJTY PRAY£R BR£AKFAST Dear Ms. Mac'Kie: In April of this year the YMCA Community Prayer Breakfast was held at the Vineyards Country Club with approximately 400 in attendance, it was a well-received and inspirational event. focused on the power of prayer as a way to strengthen us as individuals and as a community. Knowing that many corporate budgets will soon be finalized for 2000. we'd very much like you to remember this annual event in vour fiscal planning. Plans are well underway, and the event has been scheduled tbr Thursday. April 13. 2000 at the Vineyards Country Club. We are pleased that our keynote speaker will be Mr, Reid Carpenter, President of Pittsburgh Leadership Foundation. Mr, Carpenter has a vast array of experiences that imminently qualily him to address our community, Tables of eight at a cost of $200.00 each xvill be reserved in your company's name, which will be acknowledged in the printed program. The Planning Committee will be sure to let you know ticket and program details after the first of the year. If you have any questions, please feel free to call me at 643-4455. Sincere thanks for your consideration. .' truly your2 ~ Table Sales YMCA Prayer Breakfast Committee 101399/ymca prayer 2000/budget Itr 5450 YMCA Road, Naples, Florida 34109 * (941) 59%31.t8 * Fax (941) 597-84t5 * YMCANaplcs~p,'odigy.,~et build strong kids, strong fitmilies, strong communities. EXECUTIVE SUMMARY APPROVAL OF A DISASTER RELIEF FUNDING AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS OB,IECTIVE: To obtain Board of County Commis~ioncis approval of the attached Resolution that enters into a Disaster Relief Funding Agreement between the Florida Department of Community Affairs and Collier County, Florida. CONSIDERATION: The President of the United States has declared 49 Florida counties, including Collier County, as eligible for fire suppression and emergency measures assistance resulting from several major brush fires that plagued the state from April 15, 1999 to June 26 1999. Departments under the Board of County Commissioners, including Ochopee Fire District, Isles of Capri Fire District and the Emergency Management Department, incurred personnel and equipment costs from the fire that threatened several homes in the Big Corkscrew i:ire District on April 15 - 1o, 1999. This .Agreement will allow Collier County to receive disaster assistance funding resulting from the brush fires of April 15 - 16, 1990. FISCAL IMPACT: lfthe Disaster Relief Funding Agreement is approved, there will be reimbursement of $5,787.59 to Collier County. Reimbursement will be deposited into the respective Funds from which the initial costs were expended. GROWTH MANAGEMENlIMPACT: None, RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the Disaster Relief Funding Agreement between the Florida Department of 2,n..~mu~nit~ A_~;~ier County..? SUBMITTED B~.,~.., ~L'~-.__.~_t-~.to,-- Date: /r,,v/o,,' ~'~ Kt:m~eth F. Piueau, lq,. nergency Management Director Michelle Johnssen, Budget Analyst Michael ~mykowski, Management & Budget Director APPROX~D BY: , ,: ./~ff,,~ Date: t/~ ffS-~~ ~Mi~gael A. McNees, A~sistant County Administrato No, I DISASTER RELIEF FUNDING DCA AGREE~ NO. 99-RM-xx-09-21-01-008 FEMA PROJECT APPLICATION NO. 021-99021-00 AGREEMENT This Agreement is between the State of Florida, Department of Community Affairs (Grantee) and, Collier County Board of Commissioners(Subgrantee). This Agreement is based on the existence of the following conditions: Extreme drought and the subsequent fires beginning on April 15, 1999 and continuing until June 26, 1999, have had a devastating impact upon the State of Florida. The severity of the damage and losses have resulted in the declaration of an emergency by the Governor in Executive Orders Nos. 99-88 and 99-96, as extended by Executive Order No. 99-119. The President of the United States has declared an emergency in FEMA-3139-EM-FL for the counties of Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Collier, Charlotte, Columbia, Dade, DeSoto, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lee, Leon, Levy, Liberty, Manatee, Marion, Martin~ Monroe, Okeechcbee, Orange, Osceola, Palm Beach, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Lucie, Suwannee, Union, Wakulla, Walton and Washington. The Federal Emergency Management Agency has approved fire suppression assistance to the Grantee in FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL for certain defined fire AGEND~ ~EM complexes and fires in the same 49 counties. No. The Agreement between the State of Florida and the Federal Emergency Management Agency, governing the use of such funds, requires the State to share the costs eligible for federal assistance. Chapter 98-46, Fla. Laws, in Specific Appropriation No. 1230, and Chapter 99-226, Fla. Laws, in Specific Appropriation No. 1122, both provide that Federal disaster assistance matching requirements shall be shared equally between the State and its subgrantees. Sections 252.35, 252.36, 252.37, and 252.38 Florida Statutes, authorize the relationship described herein; the parties agree as follows: 1. DEFINITIONS: unless otherwise indicated, the following terms shall be defined as stated herein. a. "Eligible emergency assistance activities", as used in this Agreement, means those activities authorized in the FEMA- State Agreement, as defined herein below; Public Law 93-288, as amended by Public Law 100-707 (hereinafter the "Stafford Act"); and Title 44 CFR, Part 206, and applicable Federal Emergency Management Agency or State guidance documents. b. -FEMA-State A~reement" shall mean that agreement between FEMA and the State of Florida, for the 1999 Wildfires Emergency and Fire Suppression Declarations, FEMA-3139-EM-FL, and FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL and ali modifications thereto. c. "Emergency Assistance"..shall be defined as that FI~IA-3139-EM-FL, FEMA-FSA-225 I-FI., ~mgh FEMA-i P~ge 2 AGENDA_ ITEM: No. : !!o~ [ SA-2260-FL and FEMA-FSA-2262-H assistance authorized in Title V of the Stafford Act and 44 CFR 206 subpart C. d. "Project" shall be defined as stated in 44 CFR 206.201 (i) . e. "Large Project" and "Small Project" shall be defined as indicated in 44 CFR 206.203(c). £. "Permanent Work" shall be defined as in 44 CFR 206.201(g). g. "Emergency Work" shall be defined as in 44 CFR 206.201(b). 2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties agree to be bound by all terms of the FEMA-State Agreement and all applicable state and federal statutes, regulations, guidance and handbooks, including but not limited to those identified in Attachments A and C, and the pertinent implementing regulations and guidance. 3. FUNDING and INSURANCE: The Grantee shall provide funds to the Sub~rantee for eligible emergency assistance activities for the projects approved by the Grantee and FEMA, specifically described in the Project Worksheet(s) (PW[s]). Allowable costs shall be determined in accordance with 44 CFR §206 and 44 CFR Part 13, and pertinent FEMA guidance documents. Approved PWs shall be transmitted to the Subgrantee and shall cumulatively document the specific amount of funding provided, and the applicable scope(s) of eligible work and eligible costs, under this Agreement. PWs may obligate, or deobligate funding, thereby AGE~DAIT~M ?ag~ 3 ~MA-313~-EM-FL, FF. MA-FS~2251-~ ~ou~ ~ ~0-~ ~u f~M~-~ ~-z262 L pg.. ~{ P~e4 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA. revising the total amount of authorized funding. PWs document the total eligible costs and the total Federal share of 75% for all eligible emergency work costs. Contingent upon an appropriation by the Florida Le~islathre, the Grantee a~rees to provide one-half of any non-Federal share (12~% of total eligible costs). As a condition of receipt of this funding, and contingent upon an appropriation by the Florida Legislature where required, the Subgrantee similarly a~rees to provide one-half of any non-Federal share (12~% of total eligible costs). Subsrantee agrees that the Grantee is authorized to withhold funds otherwise payable to Subgrantee, from any agreement administered by the Grantee, upon a determination by the Grantee or FEMA, or any auditor, that funds have been provided to Subgrantee pursuant to this A~reement, or any other disaster relief funding agreement administer~by the Grantee, in excess of eligible costs. The final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement. Permanent Work is not eligible for reimbursement under this Agreement. 4. DUPLICATION OF B~NEFIT$ PROHIBITION: In accordance with the provisions of Section 312 of the Stafford Act, duplication of benefits is prohibited. The Sub~rantee shall notify the Grantee, a~ ~on a~ practicable, of the existence of any insurance coverage for the damage identified on the PW, and of any :SA-22 - - 2-~ D 1 q 1999 entitlement or recovery to payments from any other sour'ce,'for the projects described in the PW(s). Eligible costs shall be reduced by the amount of duplicate sources available. The Subgrantee shall be liable to the Grantee to the extent that the Sub~'antee receives duplicate benefits from another source for the same purposes for which the Subgrantee has received payment from the Grantee. The Subgrantee shall immediately remit to the Grantee any duplication of benefits payment received by the Subgrantee. In the event the Grantee determines a duplication of benefits has occurred, the Subgrantee hereby authorizes the Grantee or the Comptroller of the State of Florida to take offset action against any other available funding due the Subgrantee. The Comptroller is authorized to pay such offset to the Grantee upon written notice from the Grantee. 5. COMPLIANCE WITH ENVIRO~AL, PLANNING AND PERMITTING LAWS: The Subgrantee shall be responsible for implementation and completion of the approved projects described in the PW(s) in a manner satisfactory to the Grantee, and in accordance with applicable federal, state, and local statutes, regulations, plans, and policies. Any development authorized by, any development order issued by, any permit issued by, or auy development activity undertaken by, the Subgrantee, and any land use permitted by or engaged in by the Subgrantee, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and AGENDA ITEM Page 5 ~MA-3139-EM-FL, ~M~FS~225 l-~ ~ ~ -FSA~262. ~ 1 1999 development activities and land uses authorized for, only'those uses which are permitted under the comprehensive plan and land development regulations. The Subgrantee shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the pertinent Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, and any Federal, State or local environmental or land use authority, where required. In addition, Subgrantee shall comply with other federal and state environmental laws, statutes, regulations, and ~uidance including, but are not limited to, those identified in Attachments A and C. Subgrantee further agrees to provide and maintain competent and adequate engineering or other supervision at all construction or work sites to ensure that the complete work conforms with the approved plans, specifications, and scope of work. 6. REQUIRED DONATION; REVIEW/INSPECTION: The Subgrantee shall create and maintain acceptable documentation of work performed and costs incurred with respect to each project identified in connection with a PW. Failure to create and maintain proper documentation will result in the disallowance of funding, and require the refund of funds previously reimbursed or advanced, including an interest penalty. For all Large projects, the Subgrantee shall submit: (a) a request ~or reimbursement of actual costs (see Attachment D); (b) a Summary of )n~,m~~ - AGEND~T~M NO. ~\ - P~e 6 ~MA-3139-EM-~ ~fA-FSA-225 l-~ ~ou~ ~MA-FS~ ~0-~ ~ FF~F~-~L . U~ 1 ~ l~ (See Attachment E) which shall be supported by, but not attached, all appropriate backup documentation (e.g. invoices, canceled checks, daily activity reports, payroll records, time sheets, executed contracts, receipts, purchase orders, billing ~.~e~aen~s, etc ); and (c) a request for a final inspection. For all projects the Subgrantee shall certify, on the P.4 Project Listing, that all work and costs claimed are eligible in accordance with the Grant conditions, that all work claimed has been completed, and all costs claimed have been paid in full. The Sub~rantee shall also enter the date the work was completed and the amount claimed for each PW on the Project Listing. The Grantee will inspect Small Projects on a random basis. The Grantee will schedule and perform the final inspections on Large Projects, and review the Project Listing for Small Projects or inspect the project, to ensure that the work was performed within the scope of work delineated on the PW(s). Costs of any work not performed within the approved scope of work shall not be eligible for funding. 7. COST SHARING: The disaster relief funds for eligible costs indicated on the PW(s) and described in this Agreement shall be shared in accordance with the cost sharin~ provisions established in the Stafford Act, the FEMA-State Agreement, and Chapter 98-46, Laws of Florida, Specific Appropriation 1230 and Chapter 99-226, Fla. Laws, in Specific Appropriation No. 1122. PW(s) document the total eligible costs and the total Federal share of those costs measures). The Grantee agrees to provide one-half of the non- Federal share (12~% of total eligible costs). As a condition of receipt of this funding, the Subgrantee similarly agrees to provide one-half of the non-Federal share (12~% of total eligible costs). Administrative costs which'ahcording to the schedule are in addition to and not part of the PW(s) eligible costs, and are otherwise eligible under 44 CFR 206.228 and involve no required match, will be funded by FE~A. 8. PA~ OF CLAIMS: a. SMALL PROJECTS: The Grantee shall make payment to the Subgrantee of the Federal share of the actual eligible costs as soon as practicable after execution of this Agreement and receipt from FEMA of the pertinent approved PW(s). b. LARGE PROJECTS: The payments for Large Projects will be on a cost reimbursement basis and subject to receipt of the following: (1) a Request For Advance~or Reimbursement Form (See Attachment D); (2) a Summary of Documentation Form, (See Attachment E) listing the PW number, identifying the audit ready documentation that exists to support the payment request, identifying the dollar amounts of each eligible cost, and identifying the Subgrantee's own internal reference number (voucher, warrant, purchase order, etc.); and (3) a letter providing a brief synopsis of the request, and certifying that the reported costs were incurred in the performance of eligible work. Page c. ADVANCES: This Subgrantee may, at the discretion of AGENDA, ITEM FEMA-3139-EM-FL, FEMA-FS~-2251-FL lhl'ough FEMA-FS.~ -2260-FL and FEMA-FSA-2262-FL the Grantee, be paid an advance of funds, provided that the Subgrantee: (1) demonstrates and maintains the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and their disbursement; (2) submits budget data on which the request is based; (3) submits a justification statement explaining the necessity for and proposed use of the funds, and specification of the amount requested; and (4) submits a completed Request for Advance or Reimbursement Form. After any advance, and in the event no advance is provided, all payments shall be on a cost reimbursement basis. Subgrantees shall promptly, but at least quarterly, remit interest earned on advances (if any) to the Grantee for remittance to FEMA. d. WI~OLDING OF FUNDS: The Grantee may, in its sole discretion, withhold a percentage of funding (up to 12.5% of total project funding, the full non-federal share paid by the State) provided under this Agreement in order to protect against subsequent adverse determinations by FEMA regarding previously authorized or disbursed grant funds. 9. FINAL PAINT: The final payment will be made only after completion of all projects, submission of all required documentation, receipt and review of P.4 Project Listing, completion of random inspection of Small Projects (as determined by Grantee), final inspection (Large Projects), and a request for final ~eimbursement. 10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain AGENDA ITEM No. !/~ 6\ Page 9 FEMA-3139-E,.M-FL, ~M~FS~2251-~ throu~ ~MA-! ~2260-~ md ~MA-~S~2262-~ all records pertaining to the projects described in the PW(s) and the funds received under this Agreement until all issues relating to the inspection and final audit have been completed, and any action or resolution of outstanding issues have been completed. In no event will such records be maintained for a period of less than three (3) years from the date of the final payment under this Agreement. Access to those records must be provided at reasonable times to the Comptroller General of the United States, the Grantee, its employees and agents, and to FEMA, its employees and agents. ll. RECOVERY OF FUNDS: If the final inspection, audit, or other review by FE~, the State, or any other authorized entity de~ ~ ~ ~e .......es that payment made under this Agreement exceeds the amount of actual eligible costs, the Subgrantee shall, within forty-five (45) days of receipt of the determination notice, repay the Grantee the amount determined to be in excess of the actual costs. AUDIT: a. Sub~rantees shall submit an Audit of Agreement Compliance to the Grantee as provided herein. If the Subgrantee expends $300,000 or more in Federal awards in its fiscal year, then the Subgrantee shall have an audit conducted. This audit will be performed by an independent Certified Public Accountant or other entity independent of the Subgrantee in accordance with the standards of the Comptroller General as specified in the General Accounting Office Standards for Audit of Governmental Page 10 ,~G~ENDA ITEM No, t~C~l , .-FSA-2260-FL and FEMA-FSA-2262-: L D £C 1 1999 Organizations, Programs, Activities and Functions, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. The agreement number of this grant must be identified with the audit submitted. Such audit shall also comply with the requirements of Sections 11.45, 216.349, and 216.3491, Florida Statutes and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, as amended, 31 USC 7501 through 7507, and OMB Circular A-133, as revised June 24, 1997, or thereafter. If the Subgrantee is a private non-profit organization, it shall submit an organization-wide audit. All audits are due not later than seven (7) months after the termination of the entity's fiscal year. If the Subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-!33 is not required, but an audit may otherwise be required under Section 216.3491, Florida Statutes, and rules adopted pursuant thereto. b. The Grantee may require the Subgrantee to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization-wide audits. Such audits may be necessary to determine the ade~acy, accuracy, and reliability of the Subgrantee's internal controls, fiscal data, and management systems established to safe~aard the Subgra~tee's assets and to ensure compliance with this Agreement. F~MA-3139-EM-FL, FEMA-FSA-225 I-FL lh~ough FE~A Pag~ 11 AGEND~ITEM' No. [;:: ~- ---- l~.~,~ c. If this Agreement is closed out without an audit, the Grantee reserves the right to recover any disallowed costs identified in an audit after such close-out. 13. NONCOMPLIANCE: If the Sub~rantee violates any of the conditions of disaster relief assistance under the Robert T. Stafford Act of 1988, Public Law 93-288 as amended by Public Law 100-707, the FEMA-State Agreement, this Agreement, or applicable state law or applicable state or federal regulations, including those noted herein, additional financial assistance for the project in which the violation occurred will be withheld until such violation has been corrected, or the Grantee may take any other action that is legally available. 14. NONDISCRIMINATION/CONTRACTORS: The Subgrantee shall maintain an active program of nondiscrimination in disaster assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR Section 206.11. The Subgrantee shall comply with federal regulations concerning the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR Part 17. 15. MODIFICATION: Either party may request modifications to this Agreement, except for scope of work to be completed on the PW(s) and the time limitations for performance of the work which are subject to modification in accordance with separate procedures governed by FEMA regulation. Modifications to the terms and conditions of this Agreement shali be proposed in writing by either party and become effective only upon execution FEMA-3139-EM-FL, FEMA-FSA-22~ I-FL t~-ough FEM Page 12 AGENDA ITEM " - ~.-FSA{~p-J~L_~nd FEMA.FSA-2262 FL by both parties. Modifications to any PW or the time for performance of eligible work shall be requested through the Grantee, approved solely at the discretion of FEMA and shall be reflected in a supplemental PW or time extension approval. Modificati~ns ~o a PW shall not be reflected in a modification to this Agreement. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria for completion is due to events beyond the control of the Subgrantee. 16. TIME FOR PERFOR/~3~CE: All activities funded under this Agreement shall be timely performed and completed. In accordance with 44 CFR 206.204, and subject to any approved extension by the Governor's Authorized Representative (GAR) or the Federal Regional Director, the term for performance of debris clearance or emergency work is six (6) months from the date of the declaration of a major disaster or emergency. Permanent work is not authorized under this Agreement. Time extensions may be granted on an individual basis, in accordance with 44 CFR 206.204. If any extension request is denied, the Subgrantee may be reimbursed for eligible project costs incurred up to the latest approved completion date. Failure to complete the project will result in the denial of funding for that project. 17. CONTRACTS WIT~ OT~ERS: If a Subgra~tee contracts with any other entity (herein after "contractor") for D~rformance of AGENDA ~TEM No.- P~ge 13 ~MA-3139~M-FL, ~MA-FS~225 l-~ ~ ~MA ~SA-2260-~ ~d ~-FS~2262-F any of the work required under this Agreement, the Subgrantee agrees to include in the contract that the contractor is bound by the terms and conditions of this Agreement with the Grantee, and to provide the contractor with a copy of this Agreement. The Subgrantee further agrees to include in the contract that the contractor shall hold the Subgrantee and the Grantee harmless against all claims of whatever nature arising out of the performance of the work by the contractor under the contract. To the extent that the Subgrantee has outstanding, uncompleted, contracts for work for which reimbursement will be requested under this Agreement, Subgrantee agrees to use its best efforts to modify said contracts in accordance with this paragraph. 18. TERMINATION: Either party may request termination of this Agreement, in writing, delivered in person, or by certified mail, to the party's representative who executes this Agreement. Said termination may be accomplished by mutual agreement of the parties, effective thirty (30) days after an executed modification to effect termination. 19. LIABILITY: (a) The Grantee assumes no liability whatsoever to third parties as a result of this Agreement. Unless the Subgrantee is a State agency or subdivision as defined in Section 768.28, Florida Statutes, the Subgrantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall indemnify and save the Grantee and the State of Florida harmless against all claims, suits, liabilities and .damages, of whatever nature, arising out of the performance of activities funded or contemplated under this Agreement. For purposes of this Agreement, Subgrantee agrees that it is not an employee or agent of the Grantee but is an independent contractor. (b) Any Subgrantee which is a State agency or subdivision, as defined in Section 768.28, Fla. Stat,, agrees to be fully responsible for its negligent acts or omissions or tortious acts, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subgrantee to which sovereign immunity applies. Nothing herein s~a~l be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of the performance of this Agreement. (c) Subgrantee represents and warrants that hazardous and toxic materials, if present at any locations where the scope(s) of work will be performed, are at levels within regulatory limits and do not trigger action required by Federal, State or local laws or regulations. Subgrantee further represents and warrants that household hazardous waste meeting the definition set forth in 40 CFR shall be handled in a manner which meets all Federal, State and local laws and regulations~ Subgrantee further represents and warrants that the presence of any condition(s) or material(s) on site, which is subject to Federal, State or local laws and regulations (including but not limited to: above ground or underground storage tanks or vessels, asbestos, pollutants, irritants, pesticides, contaminants, petroleum products, waste, chemicals, and septic tanks), shall be handled and disposed of in accordance with the pertinent requirements. 20. REPORTS: The Subgrantee shall provide quarterly progress reports to the Grantee, using the attached Quarterly Report Form, Attachment F. Refer to the "Quarterly Report Schedule and Instructions" (Attachment G) for the due date of the first report. Reports are due quarterly thereafter until the work has been completed and approved through final inspection. Reports shall indicate the status and completion date for each project funded, any problems or circumstances a~fecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the terms of the grant award. Interim inspections shall be scheduled by the Subgrantee prior to the final inspection and may be required by the Grantee based on information supplied in the quarterly reports. The Grantee may require additional reports as needed. The Subgrantee shall, as soon as possible, provide any additional reports requested by the Grantee. The Grantee contact will be the State Public Assistance officer for all reports and requests for reimbursement. 21. STANDARD CONDITIONS: The Subgrantee further agrees to be bound by the following standard conditions: a. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an a~ FE2v~A-3139-EM-FL, FEMA-FSA-22 51-FL th. rough FEMA-F~ Page 16 AGENDA-iTEM No. appropriation by the Legislature, or the provision of funding to the Grantee pursuant to Section 252.37, Florida Statutes. b. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre- and post- audit thereof. c. The Grantee may unilaterally cancel this Agreement for refusal by the Subgrantee or its contractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee or its subcontractor in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's or their contractor's refusal to comply with this provision shall constitute a breach of contract, and constitute grounds for termination. d. Pursuant to Section 216.347, Florida Statutes, and applicable federal law, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature, state agency employees, Members of Congress, officers or employees of Congress, or an employee of a Member of Congress in connection with the awarding of this Agreement or any amendments or modifications of this Agreement. e. The Subgrantee certifies with respect to this Agreement ~hat it possesses the legal authority to receive the funds. f. The Subgrantee shall comply wi~h any Statement of Assurance attached hereto, which shall be incorporated herein. - AGENDA iTEM i P~e 17 ~M~3139-EM-~FEM~FSA.2251.~~MA-FSA 1260-~d~MA.F$~o~ The Subgrantee acknowledges that the responsibility for complying with the approved subgrant award rests with the recipient Subgrantee and acknowledges that failure to do so constitutes grounds for the recision or suspension of this subgrant and may influence future sub,rant awards. g. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Grantee shall consider the employment by any Subgrantee or contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Grantee. h. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two fo~ FF_._,%4A-3139-EI~-FL, FEIV[AoFSA-2251 -FL through Page 18 months from the date of being placed on the convicted vendor list. 22. TERM: This Agreement shall begin upon the date last signed and shall end upon receipt of official closing documentation from FEMA unless terminated earlier in accordance with the provisions of this Agreement. Subgrantee agrees to promptly commence and to expeditiously complete the scope of work identified herein. All work shall be completed within six months of the date of the Emergency declaration (September 25, 1999) or prior to such deadline as established by the GAR or the FEMA, whichever is later. 23. NOTICE AND CONTACT: All notices under this agreement shall be in writing, delivered either by hand delivery or certified mail to the representative and address below: FOR TIlE GRANTEE: Joseph F. Myers, GAR State Public Assistance 2555 Shumard Oak Blvd Tallahassee, FL 32399-2100 FOR T} ~tF. SUBGRANTEE: Michael Smykowski Collier County Office of Management & Budget 3301 East Tamiami Trail Naples, FL 34112-4761 24. DI3. FAULI'; REMEDIES; TERMINATION: a. If any of the following events occur (,"Events of Default"), all obligations on the part of the Grantee to make any further payment of funds hereunder shall, if the Grantee so elects, terminate, and the Grantee may at its option exercise any AGENDA~ITEM No._ I~,, ~.~, - Page 19 FEMA-3139-EM-FL, FEMA-FSA-225 I-FL through F 'E.MA-FSA-2260-1: and FEMA-FSA-262-FL g F_C 1 4 c-? _ of its remedies set forth herein, but the Grantee may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Subgrantee in this Agreement or any previous Agreement with the Grantee shall at any time be false ok'misleading in any respect, or if the Subgrantee shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Grantee and has not cured such in tin~e~,' fashion er is unable or unwilling to meet its obligations thereunder; 2. If any material adyerse change shall occur in the financial condition of the Subgrantee at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Grantee, and the Subgrantee fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Grantee; 3. If any reports required by this Agreement have not been submitted to the Grantee or have been submitted with incorrect, incomplete or insufficient information; or 4. If the necessary funds are not available to fund this agreement as a result of action by Congress, the Legislature, the Office of the Comptroller or the Office of FEMA-3 1 ~9-EM-FL, FEMA-FSA-212 5 I-FL lhrough FEMA-F AGENDA ITEM No, /U'F-,~t _ ',A.2260-FL and FEMA-FSA-2262-FL Management and Budget. b. Upon the happening of a~ Event of Default, then the Grantee may, at its option, upon written notice to the Subgrantee and upon the Subgrantee's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Grantee from pursuing any other remedies contained herein or otherwise provided at law or in equity; 1. Terminate this Agreement, provided that the Subgrantee is given at least fifteen (15) days prior written notice cf such termination. The notice shall be effective when placed in the United States mail first class mail postage prepaid, by registered or certified ~ail-return receipt requested, to the address set forth in paragraph (23) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requestin9 additional information from the Subgrantee to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Subgrantee to suspend, discontinue or refrain from incurring costs for any activities in No, Page 21 ~M~3139-EM.~ ~M~FS~2251-~ ~ou~ ~MA-FS -2260-FL and ~M~FS~226~ question or requiring the Subgrantee to reimburse the Grantee for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. c. The Grantee may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application; misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Sub~antee to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F__S, as amended. d. Suspension or termination constitutes final Grantee action under Chapter 120, F$, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. However, any deobligation of funds or any other determination made by FEMA shall be addressed as provided in 44 CFR 206.206. e. The Subgrantee shall return funds to the Grantee if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. f. Notwithstanding the above, the Subgrantee shall not be relieved of liability to the Grantee by virtue of any breach of Agreement by the Subgrantee. The Grantee ma~ Page 22 FENL4.-3139-EM-FL, ~A-FS~2251-~ tkrou~ · to th? extent AGENDA ITEM No. ~A-2260-FL and F~I~.-FSA-2262-FI. authorized by law, withhold any payments to the Subgrantee for purpose of set-off until such time as the exact amount of damages due the Grantee from the Subgrantee is determined. In the event the FEMA deobligates funds previously authorized under this Agreement, or under any other FEMA funded agreement administered by the Division, then Subgrantee shall immediately repay said funds to the Grantee. If Subgrantee fails to repay said funds, then Subgrantee authorizes the Grantee to recoup said funds from funding otherwise available under this Agreement or under any other grant Agreement with Subgrantee administered by the Grantee. (25) ATTAChmENTS a. All attachments to this.A~reement are incorporated as if set out fully herein. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. c. This Agreement has the followin~ attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G FEIV~A-3 I$9-E~-FL, FENIA-FSA-225 I-FL lh~ough FE! Program Statutes and Regulations Lobbying Prohibition/Certification Statement of Assurances Request for Advance or Reimbursement Summary of Documentation Florida Public Assistance Quarterly Report Quarterly Report Schedule and Instructions AGEN~DA I~EM NO, II~'(-',\ .. LA-F FEMA-FSA-22~ .FL Page 23 26. Michael Smykowski Michelle M. Johnssen DESIGNATED AGENT: The Subgrantee hereby authorizes: as its primary designated agent, and as its alternate designated agent, to execute Requests for Reimbursement, necessary certifications, and other supplementary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement; FOR TH]E SUBGRANTEE: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: (signature) Pamela S. Mac'Kie (pHnl or type name) Chairwoman (title) FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: (signature) Joseph F. Myers (print or ~'pe na~nc) Governor's Authorized Representative (title) (date) Subgrantee's Federal Employer Identification No 59-6000558 (date) Federal Domestic Assistance #83.544 ATTEST: By: DWIGHT E. BROCK, CLERK (Deputy Clerk) Approved as to form and Legal Sufficiency Thomas C. Palmer Assistant County Attorney Page 24 FEMA-3139-EM-FL, FEMA-FSA-225 I-FL through FENL ATTACH/4ENTA PROGRAM STATUTES AND REGULATIONS The parties to this Agreement and t~ Public Assistance and Fire Suppression Grant Programs are generally governed by the following statutes and regulations: (i) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121, et seq; (2) 44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda, handbooks and guidance documents; (3) State of Florida Administrative Plan for the Public Assistance Grant Program; and (4) All applicable laws and regulations delineated in Attachment C of this Agreement. A-1 AGENDA ITEM, No. ~' F-~ DEC 1 q 1999 pg. c~ ATTACHMENT B LOBBYING PROHIBITION The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an office or employee of any state or federal agency, a member of the Florida Legislature, a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-L. "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for ali subawards at ali tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreceipents shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any persons who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Pamela S. Mac'Kie, Chairwoman Collier County Board of Commissioners B-I AGENDA ItEM No._ } ~. 6'-, t, _ ATTACHMENT C STATEMENT OF ASSURANCES The Subgrantee hereby assures and certifies that: (a) It possesses legal authority to;enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the disaster relief funding agreement with the Grantee, including all understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief executive officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Subgrantee or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the'program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Subgrantee shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above; (d) Ail Subgrantee contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub~antee for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub9rantee. Any cost incurred after a notice of suspension or termination is received by the Subgrantee may not be funded with funds provided under this Agreement unless previously approved in writing by the Grantee. All Subgrantee contracts shall contain provisions for termination for cause or convenience and shall provide for AGENDA ITEM ", No, R' ~ the method of payment in such event; C - 1 I239 (e) (f) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work- week. ; It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub~rantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or ~enefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation A~ ~ ~- - AG D 'FEM (h) (i) (j) (k) (3) Executive Order 11246 as amended by Executive orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or othe~..~ties pursuant to Section 112.313 and section 112.3135, F~; It will comply with the Anti-kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594, 598, 600- 605 (f/k/a the Hatch Act) which limits the political activity of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 19'73 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; AGeNdA ITEM C- 3 N°'~\ " (1) (m) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CF~ Section 101- 19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: ~ (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the -Programmatic Agreement Among the Federal k'mergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR paz~ 800. (4) When any of Subgrantee's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2) (e), the FEMA may require Subgrantee to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation - AGENDA IYEM No.~ ~'~ - C - 4 and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeolo~ical Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Subgrantee agrees to participate in consultations to develop, i. and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. Subgrantee agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities ~such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeo!ogical properties may be present and be affected by such activities. The SHPO will advise Subgrantee on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Subgrantee is unable to avoid the archeological property, the Subgrantee will develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Subgrantee shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Subgrantee to implement the treatment plan. If either the Counc~~~-- c - 5 No~_l~-\ (n) (o) object, Subgrantee shall not proceed with the project until the objection is resolved. (6) Subgrantee shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental PW or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect'a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Subgrantee acknowledges that FEMA may require Subgrantee to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic Property in an unanticipated manner.~ Subgrantee further acknowledges that FEMA may require Subgrantee to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Subgrantee also acknowledges that FEMA will require, and Subgrantee shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Subgrantee acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Subgrantee intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse a~fect to occur. It will comply with Title IX of?.the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 USC 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; NAoG~ C-6 (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energ];-Policy and Conservation Act (P.L. 94-163; 42 USC 6201-6422), and the provisions of the state Energ]; Conservation Plan adopted pursuant thereto. (s) It will comply with the Animal Laboratory Welfare Act of 1966, 7 USC 2131-2159; (t) It will comply with the Civil Rights Act of 1968, Title VI and VIII, 42 USC 2000c and 42 USC 3601-3619. (u) It will comply with the Clean Air Act of 1970, as amended, 42 USC 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 USC 7419-7626; (w) It will comply with the Davis-Bacon Act, 40 USC 276a; (x) It will comply with the Endangered Species Act of 1973, 16 USC 1531-1544; (y) It will comply with the Intergovernmental Personnel Act of 1970, 42 USC 4728-4763; (z) It will comply with the National Historic Preservation Act o~ i966, 16 USC 270; ~ (aa) It will comply with the National Environmental Policy Act of 1969, 42 USC 4321-4347; (bb) It will comply with the Preservation of Archeological and Historical Data Act of 1966, 16 USC 469a, et seq; (cc) It will comply with the Rehabilitation Act of 1973, Section 504, 29 USC 794; (d~) It will. comply with the Safe Drinking Water Act of 1974, 42 USC 30Cf-300j; (ee) It will comply with the Uniform. Relocation Assistance and Property Acquisition Policies Act of 1970, 42 USC 4621-4638; (ff) It will comply with the Wild and Scenic Rivers Act of 1968, 16 USC 1271-1287; and (~) It will comply with the following Executive Orders: EO 11514 (NEPA) ; EO 11738 (violating facilities); EO 11988 (Floodplain Management); and EO 11990 (Wetlands); and EO 12848 (Environmental Justice). ASS~DA~TSM No.--~ (m ~ ... C - 7 pg.. oo (hh) It will comply with the Coastal Barrier Resources Act of 1977, 16 USC 3510. (ii) It will comply with the Coastal Zone Management Act of 1972, 16 USC 1451-1464. (jj) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 USC 661-666. (kk) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Subgrantee's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection A~ency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water we~ls or septic tanks are to be closed along with the number of wells located on each site. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 - 16 3 ) . 'AGENDA ITEM No..IL~ \ 12. Comply {~ith all app~icabl~-standsrds, 6rders,~'~r . requirements issued under Section 306 of the Clean Ai~'° Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water' Act (33 U.S.1368), Executive Order 11738, and the U. S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. Provide documentation of public notices for demolition activities. C - 9 ~'LOF, ADA DEPARTMENT 0~- COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Request for Advance or Reimbursement for Pubhc Assistance Funds SUBGRANTEE NAME: DEC NO: ADDRESS: PA ID NO: PAYMENT NO: DCA AGREEMENT NO: DSR DCA USE ONLY ELIGIBLE PREVIOUS CURRENT AMOUNT PAYMENTS REQUEST APPROVED FOR PAYMENT CON~S DSR~ CATEGORY % CON~LETE DSR.It CATEGORY % COM?LETE DS1Le CATEGORY % COMPLETE CATEGORY % COMPLETE DSP~ CATEGORY % COMPLETE TOTAL C~T REQUEST $ I ceftin' that to the ben of my 'knowledge and belief the above accounts are correct and that all disbursements were made in accordtmce with all conditions of the DCA agreement and payment is due and has not been previously requested for these mmourrts. SUBGtLa.NTEE SIGNATURE NAME AND TITLE DATE TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) APPROVED FOR PAYMENWF $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZ TOTAL PAYMENT $ DATE D-1 R EPRF_~Vt~ TA Trtr~ AGENDA ITEM No. ATTACm,!EN'T E FLORIDA DIVISION OF EMERGENCY MANAGEMENT SUNLMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK Subgrantee: Disaster No. DCA Agreement No. Project Application No. Applicant' s Refer~a~ce No. (War.mn~., Voucher, Clalm or Schedule No.) TOTAL TOTAL E-1 Delivery ~t~ of nrricl~s or pefforrmmce sz,2eles or (S$S~ ATTACHMENT G FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS Quarterly Progress Reports are required by the Disaster Funding Agreements for all subgrantees until all their Project Worksheets (PWs, formerly Damage Survey Reports {DSRs}), are completed. Subgrantee reports are reviewed by the Grants Manager, then consolidated by disaster event (declaration number) and forwarded to FEIMA Region IV as required by the FEMA/State Agreement for each disaster. The State reports are due to FEMA Region IV thirty (30) days after the end of the reporting quarter. Reporting quarters and submission dates are listed below for your information and compliance. QUARTERS DUE TO STATE BY STATE SUBMISSION TO FEIMA January-March April 15th(or l'twork day after) Not Later Than -April 30th April-June June 15th (or 1St work day after) Not Later Than-July 31't July-September October 15t" (or 1't work day after) Not Later Than- October 31't October-December January 15th (or 1't work day after) Not Later Than-January 31't Subgrantees involved in their "first" or a "new" disaster grant will be advised of the date required for the submSssion of their first Quarterly Report for that disaster. All subsequent Quarterly Report submissions will follow the schedule outlined above. Subgrantees involved in more than one open disaster grant must submit separate reports for each disaster that has outstanding DSR projects. Please be aware, the Department will withhold payment of any disaster funds due if the report is not submitted on time. Subgrantees should contact their Grants Manager ,for guidance in preparing their "first" Quarterly Progress Report for any disaster. If you have any question, contact your Grants Manager. G-1 7 8 9 10 11 12 13 ]4 t5 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 :1 42 43 44 45 46 RESOLUTION NO. 99 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE DISASTER RELIEF FUNDING AGREEMENT BETWEEN TttE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, FLORIDA WHEREAS, the state of Florida experienced drought conditions and subsequent wildfires during the winter and spring of 1999; and WHEREAS, the President of the United States, through the Federal Emergency Manage;nent Agency, has made filnds available for fire suppression assistance; and WHEREAS, forty-nine Florida counties, including Collier County, have been included in an emergency declaration FEMA-3139-EM-FL as a result of wildfires beginning April 15, 1999 and continuing until June 26, 1999; and WIIEREAS, Collier County has incurred disaster related costs as the result of these wildfires; NOW, TItEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Disaster Relief Funding Agreement 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, Chaim'oman Approved as to form And i~ek~'.1%ufficiencx' Thomas C. Pahner Assistant County Attorney AGEND~ ITEM No, B 1 1999 APPROVE THE BUDGET AMENDMENT FOR THE BUDGETED MERIT INCREASES FOR FY99. ~t~i,a~ -Yea;' __.~CONSIDERATION: merit increase. Due to funds are required. For Fiscal Y-ear 1999, $100,900 was budgeted in-re.~erves for a savings in personnel costs, only 68,700 of the budgeted reserve ~ISCALTNIPAC~: 'Funds 0/'$68,700 to be transferred from EMS Reserves t'or the merit increases. MANAGEMENT IMPAq: None RECOMMENDATION: That the Board off, ounty Commissioners approve the necessary budget amendment for budgeted merit increases in Fiscal Year t 999. SUBMITTED BY: ~----~/~~'~ Date: Steve Ro-ckey, Commande~'~rgency Medical Services Department REVIEWED BY: Date: Diane,B: Fl~gg, ~hie~, Emergency Services Departm, eht Micliaei A: McNees, Assistant County Administrator A~.NDA ITEM NO. tlr ~ pg. [ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS ,CO--SI ONI}ENCE DECEMBER 14, 1999 FOR BOARD ACTION: Satisfaction of Civil Judgement Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the public I)efender for Case Nos.: 88-1252-IT, 92- 844-MI, 98-9429~MMA. 91--,t 9t~r'~4.~ 9_~3-J~0 J--CIA, 89-_9835-M_.~_& 89-2835 -MMA, 9td3.205-MMA, 92-3314-MMA, 91 43 t 5-TM, 914316-TM, 914317-TM, 91431 It-TM, 92-1258-MMA, 924843-MMA, 92-6004-MM1, 9445 t 0-MMA, 92- t 406-MI, 92-1394- MI, ~97-8737-'MMA, 98:7158-MMA, 97-9815,MMA, 98-6394-MMA, '95-1 ltt5-CFA, ~98- 388-CFA, 88-2140-TM, 89-79-TMC, 89-2025-TM, 89-2025-TM, 89-2026-TM, 89-2669- TM, 89-~g835-Tivi,-gS,2i65-M-~vlA,~88-2321-MMA,-~9-2~38-TM, ggd2t 652MMA, 88- 2321 -MMA, 88-3807-TM, 89-3869-TM, 89-4751-TM, 90-1151-TMC, 90-2164-TM, 90- 2476-TM, 90-4281 -TM, 90-6876-TM, 90-6877-TM, 91-206-TMC, 91-347-TM, 91 - 1105- TM, 91-3222-TM, 90-6365-TM, 91-3107-TMC, 91-4809-TMC, 91-5193-TMC 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public rex~r& pursuant to Florida SlaaJles, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. November 10 - 16, 1999 Districts: Ao Port of the Islands Community Improvement District- Sechedule of Meetings for 1999/2000 and minutes of September 16, 1999 meeting Bo Fiddler's Creek Community Development District - Minutes of September 16, 1999 meeting Golden Gate Fire Control & Rescue District - Agenda four November 10, 1999 meeting Do Collier Soil and Water Conservation District- Agendas for August 11, 1999 and October 6, t999 meetings and minutes of July 7, 1999 and August 11, 1999 me, ti nes ~Minutes: Ao Collier County Planning Commission - .~alda :foi' Oglober.21, t999 meeting and minutes of September 16, 1999 meeting Pelican Bay MSTBU Advisory Committee - Agenda fc meeting DEC l 1999 Pg. / 6. Other: Collier County Airport Authority - Agenda for October 11, 1999 and minutes of September 13, 1999 CteYeland Clinic Naples EMS and Road Impact Fees Compliance Audit (Report No. 99-12) AOE"~ ,~,T E M NO. ~ ~' DEC 1~ 1999 Pg. ,~ EXECUTIVE SUMMARY THE FINANCE DEPARTMENT SEEKS APPROVAL OF A BUDGET AMENDMENT REQUIRED FOR PAYMENT OF REBATABLE ARBITRAGE ON THE ]tOAD IMPROVEMENT REFUNDING REVENUE BONDS, SERIES 1995. OBJECTIVE: To obtain approval of a budget amendment required for payment of rebatable arbitrage on'the Road Improvement Refunding Revenue~Bonds, Series 1995. CONSIDERATIONS: Pursuant to Resolution 96-158 the Office of the Clerk of the Circuit Court is responsible for monitoring the calculation of arbitrage. In meeting this responsibility the Clerk administers to an arbitrage services contract with the accounting firm of Arthur Andersen LLP. During their review for fiscal year 1998-1999, Arthur Andersen calculated rebatable arbitrage of $4,245 relating to the Road Improvement Refunding Revenue Bonds, Series 1995. Arbitrage is calculated ever), year on all qualifying m-exempt bond issues, however it is only the portion owed by the issuer as of tl,e fifth ammat calculation that is i'ebatable, tt is importemt to note that the proposed payment does not represent a penalty, but an excess of interest earned on the investment oftax-cxcmpt bond proceeds to date. FISCAL IMPACT: Funds totaling $4,245 will be made available by appropriating additional gas tax revenue in the Road Improvement Refunding Revenue Bond Fund. RECOMMENDATION: That the Board of County Commissioners approve the budget amendment, enabling the Department of Finance to pay rebatable arbitrage. By: Prepared' ~~/~f; Sn- ~. ~ ~'I Oat ager J~tSnes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Date: AGENDA ITEM No.~,'~, ..z" ~ O DEC 1 zl 1999 Pg._ / EXECUTIVE SUMMARY Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds for healthcare facilities at Moorings Park. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Health Facilities Authority to be used to reimburse the Moorings, Inc., the owner and operator of Moorings Park for expenses incurred in the construction of a 106- bed nursing facility and renovations to existing independent living facilities. CONS IDERATIONS: Moorings Park is a life care retirement community initially constructed in 1980 with 168 independent living units and a 60-bed health center. Subsequent construction and renovation has added 116 independent living units, 46 assisted living units, and 16 nursing home beds. All of these facilities were financed by bonds issued bv the Authority. In 1998 renovations were made to the original two eight-story residential towers and a new 106-bed nursing facility was constructed which opened in January, 1999. Federal tax law allows qualified non-profit corporations to be reimbursed for costs expended on facilities which would have qualified for tax-exempt financing initially. Accordingly, the Moorings, Inc., the non-profit corporation that owns and operates the facility, has applied to the Authority for the issuance of bonds to cover the cost of the new construction and also to refund the approximately $7 million of previously issued bonds that are eligible for refunding. The bonds are expected to have a rating of BBB/A-. Moorings Park is believed to be the first Florida life care facility to receive a stand-alone investment grade rating, which is granted only to the top echelon of life care facilities. The Authority met on November 30, and heard presentations from Moorings Park officials. The meeting was noticed by publication in the Naples Daily News, inviting attendance, participation, and comments from members of the public. No members of the public attended the meeting or submitted comments. At the conclusion of the public heahng the Authority determined to proceed with the financing and adopted the resolution which is attached to the proposed County resolution as Exhibit A. The notice published in the Naples Daily News is attached as Exhibit B. Federal tax law rbquires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds, as described above. Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. A:~ExecSummMoorings WlXl AC~:NDA 17~aM'. NO. I DEE I q 1999 pg. T As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County. There is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. On the other hand, the construction of these facilities has a positive impact on the community by creating additional employment. Total employment at Mooring Park is 455. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are being constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prepared by: Donald A. Pickworth, Counsel Collier County Heallh Facilities Authority Approved by: -2- AOENDA ITEM NO. DEC 14 1999 Pg. RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF HEALTH FACILITY REVENUE BONDS BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(f) OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. WHEREAS, the Collier County Health Facilities Authority (the "Authority") is a body corporate and politic of Collier County, Florida created by Collier County Ordinance No. 79-95 duly adopted by the Board of County Commissioners on November 20, 1979 pursuant to Part III of Chapter 154, Florida Statutes, as amended, (the "Act") with the power to issue revenue bonds for the purposes of financing a "project" as defined in the Act; and WHEREAS, The Moorings, Incorporated, a Florida not for profit corporation, with certain facilities located within the boundaries of Collier County, Florida,(the "Borrower") has requested the Authority to issue its revenue bonds as described below for the benefit of the Borrower and to !oan all o,- a portion of the proceeds thereof to the Borrower for the p,rposes set co,-~h herein: and WHEREAS, the Authority caused notice of a public hearing to consider approval of the Bonds and the location and nature of the project to be published on or before November 15, 1999, in the Naples Daily News a newspaper of general circulation in the County, and a copy of said notice is attached as Exhibit A (the "Notice"); and WHEREAS, on November 30, 1999 a public hearing was held by the Authority with regard to the issuance of the Authority's Health Facility Revenue Bonds (The Moorings, Incorporated Project'} Series 2000 in an aggregate principal amount not to exceed $33,000,000, at the conclusion of which hearing the Authority adopted the Resolution attached as Exhibit B (without exhibits); and '¢,2-IEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to Borrower to finance (including reimbursement to the Borrower of previously incurred expenses in connection with) and refinance, which refinancing may include the refinancing and refunding of a portion of the Authority's Health Facility Refunding Revenue Bonds (The Moorings, Incorporated Project) Series 1994, the cost of acquisition, construction and equipping of healthcare facilities located at 120 Moorings Park Drive, Naples, Florida, witlfin Collier County, Florida and to pay the costs of issuance of the Bonds (all of the property financed and refinanced with proceeds of die Bonds being owned and operated by the Borrower); and WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely from funds of the Borrower; and WHERE AS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence al: issuance of the Bonds solely to satisfy the requirements of the Code. DEC lq 1999 pg...3 , NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida that: Section 1. The Board of County Commissioners hereby approves the issuance of the Bonds solely for purposes of Section 147(f) of the Code. Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County, Florida. its Board of County Commissioners, or any officers, agents or employees thereof, or of the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, Florida, the State of Florida or any political subdivision thereof is pledged to payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County, Florida or any officer, agent or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, Florida, and any and all projects contemplated to be financed with the Bonds shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. Section 4. Ifahy Section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such Section, paragraph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 14th day of December, 1999. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk [SEAL] Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: David C. Xffe~gel, C~unty A~mey A :XBCC Resolution.wpd A~=NDA ITE:M DEC 1999 NapLes Daily News NapLes, FL 34102 Affidavit of Publication Naples Daily News RiNG unty Health PICKWORTH, DONALD P.A. 5150 TAMIAMI TRL N 8602 NAPLES FL 34103 REFERENCE: 010784 579~222 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secertary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County~ Florida, each day and has been entered as second class mail matter at ~he post office in ~aples, in said Collier County, Florida, fur a period of 1 year next preceding the first publication of the attached copy of aduertisem3nt; and affian~ further says that she has neither paid nor promised any person, firm or copora~ion any discount, rebate, commission or refund for purpose of securing this advertisement for publication in the sold newspaper. PUBLISHED ON: 1~/15 AD SPACE: 150.000 INCH FILED ON: 11/15/99 ............ ....................... Sworn to and Subscribed before dcy of 19 Moorln The Moorl both (1] curred connection acclulslflo sfl'uction and an approxl 106-bed nursing an existing nursl~ and fife of Which facilities are owned r and Whlch Park re~ clllty car flnanc Issued fi:) finance and care faclfU All nanced and- consider adoption of o Resolution of the Au- Issuance of the Bonds and [ding certain au- (c) To conduct such'other business of fha Authority os may be necessary or desirable. All Interested perSons are invited to submit written comments or offend the hearing, either Personally or through their represenf~Ive~ and will be given an o - ~ortunlty .t.o e.xpr, ess their views concernlna fha Tars. prena..Ing oe~ore the Authority Anvan~ make written CommenCe i, ~:,.L'- -:~:;.- ..... ,.~-~, ...... . ,,,~u.ce o~ The hearing may send such Comments _C,oUl..er Cou~f,~ Health. Facilities Authority C/O L~erleralcounsel, 5150 North Tamlaml Troll, Suite 602 Naples, Florida 34103 . Written Comments received In advance of the nearln and oral comments made ~f the ~-~-~ ......... g thorlty.c°nslderati°n of the Authority and ~,~l~"r~;r bY~ t~e Au'ne- Should any person decide to appeal any decision wlth respe ,o m ,er co.- ~u~.n nearlng~ SUCh person wlll need a record of the proceedings and, for that purpose, such person ?_ay~.nee~. fo. ensure.t.hqt a verbatim record of the pro- ceeomgs ~s maas, which record Includes the testinion¥ and eVidence upon which the appeal Is fo be based In accordance with the Americans wlfh Disabilities Act_, persons needing a ~Peclal accommodation to par- ticipate In this hearing Should contact Donald A. Pick- worth, General Counsel, at (941) 263-8060 no later than three [3) days prlorfothe hearing · ~ This notice Is given Pursuant fo Section 147(f} of the Infernal Revenue Code of 1986, as ameded and Sec- tion 189.417, Florida Statutes. /s/Donald A. Plckworth * Assistant Secretory and General Counsel November 15 No. 1S0979~ Susan D Flora My Commission CC5B1717 Expires Dee. 10.2000 EXHIBIT A TO COUNTY RESOLUTION AGENDA ITEM NO. DEC 1999 RESOLUTION NO. 99-01 A RESOLUTION OF THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY AUTHORIZING THE ISSUANCE OF ITS HEALTH FACILITY REVENUE BONDS (THE MOORINGS, INCORPORATED PROJECT), SERIES 2000 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $33,000,000 FOR THE PURPOSES OF PROVIDING FUNDS TO MAKE A LOAN TO THE MOORINGS, INCORPORATED (THE "BORROWER") FOR THE PURPOSES OF (i) IF SO REQUESTED BY THE BORROWER, REFUNDING A PORTION OF THE AUTHORITY'S HEALTH FACILITY REFUNDING REVENUE BONDS (THE MOORINGS, INCORPORATED PROJECT) SERIES 1994; (ii) REIMBURSING THE BORROWER FOR THE COSTS OF ACQUISITION, CONSTRUCTION, EQUIPPING AND IMPROVING CERTAIN HEALTH CARE FACILITIES; (iii) FUNDING A DEBT SERVICE RESERVE FUND AND (iv) PAYING A PORTION OF THE COSTS OF ISSUING THE BONDS; PROVIDING A METHOD TO APPROVE THE FORM OF, AND AUTHORIZING THE EXECUTION OF, A SECOND RELATED SUPPLEMENTAL LOAN AGREEMENT, A BOND PURCHASE AGREEMENT, A SERIES 2000 BOND TRUST INDENTURE, AN ESCROW DEPOSIT AGREEMENT AND A LETTER OF REPRESENTATIONS; APPOINTING A TRUSTEE; PROVIDING A METHOD TO APPROVE THE FORM AND USE OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE PREPARATION AND EXECUTION OF AN OFFICIAL STATEMENT AND THE USE THEREOF; PROVIDING FOR THE AWARD OF THE SALE OF THE BONDS BY A NEGOTIATED SALE: AUTHORIZING THE MEMBERS OF THE AUTHORITY TO 'FAKE CERTAIN ACTION IN CONNECTION WITH THE ISSUANCE OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Moorings, Incorporated (the "Borrower") has requested the Collier County Health Facilities Authority (the "Authority") to assist the Borrower in providing funds to (i) reimburse the Borrower for the zosts of acquisition, construction, equipping and improving of certain health care facilities owned and operated by the Borrower (ii) and if so requested by the Borrower, refund a portion of the Authority's Health Facility Refunding Revenue Bonds (The Moorings, Incorporated Project), Series 1994, by the issuance by the Authority of its Health Facility Revenue Bonds (The Moorings, Incorporated Project), Series 2000 in the p of not to exceed $33,000,000 (the "Bonds"); and EXHIBIT B TO COUNTY RESOLUTION I NO. DEC 1999 pg. b, _ WHEREAS, the Authority and the Borrower expect to receive an offer from Salomon Smith Barney Inc. (the "Original Purchaser") to purchase the Bonds, in the form of a bond purchase contract, a proposed form of which has been provided to the Authority and is attached hereto as Exhibit D (the "Bond Purchase Agreement"); and WHEREAS, it is necessary and desirable to provide a method to approve the form of and authorize the execution of a Series 2000 Bond Trust Indenture, a Second Related Supplemental Loan Agreement, an Escrow Deposit Agreement, a Letter of Representations with The Depository. Trust Company and the Bond Purchase Agreement, to provide a method to approve the form of a preliminary official statement and to authorize the preparation of an official statement for the Bonds and to establish a method to specify the interest rates, maturity dates, redemption provisions and other details for the Bonds; BE IT RESOLVED BY THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY, COLLIER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, hereinafter called the "Resolution," is adopted pursuant to Part II, Chapter 159 and Part III, Chapter 154, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms used in this Resolution in capitalized form and not otherwise defined herein shall have the meanings specified in the Series 2000 Bond Trust Indenture attached hereto as Exhibit A (the "Indenture"), the Second Related Supplemental to Loan Agreement attached hereto as Exhibit B (the "Loan Agreement") and/or the Escrow Deposit Agreement attached hereto as Exhibit C (the "Escrow Agreement"). Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows: A. For the benefit of the inhabitants of Collier County, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions it is essential that the inhabitants of said County have access to adequate medical care and health facilities. B. The Authority is authorized by the Act to issue its revenue obligations hereinafter described and in the manner herein provided, to finance the cost of healthcare facilities such as the Series 2000 Project and to ref'mance bonds such as the Refunded Bonds, for private nonprofit users such as the Borrower, to the end that the Authority may be able to improve the public health and the commerce, welfare and prosperity of Collier County and its inhabitants, and the requirements and criteria of the Act relative to the issuance of the Bonds have been met. C. The issuance of the Bondb ib app,oprtacc to the needs and circumstances of Colli:r County and its inhabitants and is necessary for the efficient and economic provision of adequate medical care and health facilities within said County and shall serve a vital p ~blic NO. ~,_.L.~~) 2 D[C 1 i999 Pg. promoting the maintenance of the public health and by advancing the economic prosperity and general welfare of said County and its inhabitants. D. Adequate provision will be made under the provisions of the Loan Agreement for the payment of the principal of, premium, if any, and interest on the Bonds. The Borrower is financially responsible and willing to fulfill its obligations under the Loan Agreement. E. The principal of and premium, if any, and interest on the Bonds and all payments required under the Indenture shall be payable solely from the proceeds to be derived by the Authority under the Loan Agreement.and the Series 2000 Note, and the Authority shall never be required to pay the principal of, premium, if any, or interest on the Bonds or to make any other payments provided for under the Loan Agreement or the Indenture from any funds of the Authority other than those derived by the Authority under the Loan Agreement, the Series 2000 Note or the special funds or accounts created in connection therewith; and the Bonds shall not constitute a lien upon any property of the Authority except as provided under and pursuant to the Indenture. F. The payments scheduled to be made by the Borrower to the Bond Trustee under the l_oan Agreement with respect to the Bonds will be sufficient to pay all principal of, premium, if any, and interest on the Bonds as [he same shall becoine due, and to make all other payments required by such Loan Agreement and the Indenture with respect to the Bonds. G. The Authority has been advised that due to the desire to coordinate the sale of the Bonds and due to the present high volatility of the market for tax-exempt obligations such as the Bonds, it is in the best interest of the Borrower to sell the Bonds by negotiated sale, and the Authority, wishing to obtain the best interest rate on the Bonds for the benefit of the Borrower, has dctermined to sell the Bonds by negotiated sale to the Original Purchaser, permitting the Authority to enter such market at the most advantageous time, rather than at a specified advertised date, and accordingly it is in the best interest of the Authority that a negotiated sale of the Bonds be authorized. H. The Authority has conducted a public hearing on this date for purposes of Section 147(f) of the Code. SECTION 4. AUTHORIZATION OF BONDS. For the purpose of providing funds to, (i) if so requested by the Borrower, refund the Refunded Bonds, (ii) reimburse the Borrower for Costs of the Series 20013 Project, (iii) make a deposit in the Reserve Fund as provided in the Indenture and (iv) pay a portion of the costs of issuance of the Bonds, obligations of the Authority to be known as "Health Facility Revenue Bonds (The Moorings, Incorporated Project), Series 2000" are hereby authorized to be issued in the aggregate principal amount of not exceeding $33,000,000 in the form, manner and for the purposes described in the Indenture. The Bonds will be dated, will bear interest and will have such other specifications as provided in the Indenture .approved by the Chair (as defined in Section 5) pursuant to Section 5 hereof provided that the principal amount of the Bonds shall not exceed $33,000,00(.,, the final maturit' ,~,~ ~I~',~M 3 PS. 1999 shall not be later than 30 years after the date of issuance and the arbitrage yield on the Bonds under Section 148 of the Code may not exceed 8.0%. SECTION 5. THE INDENTURE. As security for the payment of the principal of, premium, if any, and interest on the Bonds, the Indenture, in the form of the draft thereof attached hereto as Exhibit A, with, subject to the limitations set forth in Section 4, such changes, alterations and corrections as may be approved by the Chairman or Vice-Chairman of the Authority (the "Chair"), such approval to be conclusively presumed by the execution thereof by the Chair, is hereby approved by the Authority, and the Authority hereby authorizes and directs the Chair to execute the Indenture and any other member of the Authority (the "Designated Member") to attest thereto, and to deliver the Indenture' to the Bond Trustee, all of the provisions of which, when executed and delivered by the Authority as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Bank of New York is hereby appointed Bond Trustee to act under the Indenture. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE LOAN AGREEMENT. The Loan Agreement, in the form of the d~:aft thereof attached hereto as Exhibit B, with, subject to the limitations set forth in Section 4, such changes, alterations and corrections thereto as may be approved by the Chair, such approval to be conclusively presumed i>y the execution t~ereof by the Chair, is ?,~.~reby approved by the Authority, and the Authority authorizes and directs the Chair to execute the Loan Agreement and the Designated Member to attest thereto, and to deliver the Loan Agreement to the Borrower, all of the provisions of which, when executed and delivered by the Authority as authorized herein shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 7. APPROVAL OF ESCROW DEPOSIT AGREEMENT. The Escrow Deposit Agreement (the "Escrow Agreement") is hereby approved by the Authority in the form of the draft thereof attached hereto as Exhibit C, with such changes, alterations and corrections as may be approved by the Chair, such approval to be conclusively evidenced by the execution of the Chair of the Escrow Agreement, and the Chair is hereby authorized and directed by the Authority to execute the Escrow Agreement, and the Designated Member to attest thereto, and to deliver the Escrow Agreement to the Bond Trustee (as defined therein) upon such execution. The Escrow Agreement shall only be executed by the Authority and the refunding of the Refunded Bonds described therein undertaken, if the Borrower shall so request, prior to the date of issuance of the Brands. SECTION 8. SALE OF BONDS: EXECUTION AND DELIVERY OF THE BOND PURCHASE AGREEMENT. Subject to the limitations set forth in Section 4, the Chair is authorized to award the sale of the Bonds to the Original Purchaser upon the terms and conditions set forth in the Bond Purchase Agreement. Prior to the sale of the Bonds, the Original Purchaser shall file with the Authority the disclosure statement required by Section 218.385, Florida Statutes, a~,d competitive bidding for the Bonds is hcr,:b;., ~,:~'ivec!.. The Bond Purchase Agreement, in the form of the draft thereof attached hereto as Exhibit D, with, subject to the limitations set forth in Section 4, such changes, alterations and corrections thereto as may be approved by the Chair, such approval to be conclusively presumed by the execution thereof by the Chail, is ll'e'~o~l~ ' ~~l~l--~ 4 aEC. ' 999 pg. '~ , by the Authority, and, upon execution thereof by the Borrower the Authority authorizes and directs the Chair to execute the Bond Purchase Agreement and to deliver the Bond Purchase Agreement to the Original Purchaser. SECTION 9. APPROVAL OF PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZATION OF OFFICIAL STATEMENT. The Authority hereby approves the Preliminary Official Statement for the Bonds, which shall be in the form of the draft thereof attached hereto as Exhibit E, together with such changes, alterations and corrections therein as may be approved by Donald A. Pickworth, general counsel to the Authority, and authorizes its use by the Original Purchaser in connection with the marketing of the Bonds. Donald A. Pickworth, general counsel to the Authority, is hereby authorized to "deem f'mal" the Preliminary Official Statement for the Bonds, for purposes of Securities and Exchange Commission Rule 15c2- 12. The Authority hereby approves preparation of an Official Statement relating to the Bonds, which shall be in the form of the Preliminary Official Statement with such changes, alterations and corrections therein as shall be necessary to reflect the terms of the Bonds and such other matters as may be approved by the Chair, such approval to be conclusiv.ely established by execution of such Official Statement by the Chair, and the Authority authorizes and directs the Chair to execute the Official Statement as so approved in the name of the Authority. SECTION 10. BOOK-ENTRY SYSTEM. Attached hereto as Exhibit F is a Letter of Representations among the Authority, The Depository Trust Company and the Bond Trustee. The form of such Letter of Representations, with such changes, alterations and corrections thereto as may be approved by the Chair, such approval to be conclusively presumed by the execution thereof by the Chair, is hereby approved by the Authority, and the Authority authorizes and directs the Chair to execute the Letter of Representations and to deliver the same to the Bond Trustee. SECTION 11. NO PERSONAL LIABILITY. No covenant, stipulation, obligation or agreement herein contained or contained in the Loan Agreement, the Indenture, the First Supplemental Indenture, the Master Indenture, the Escrow Agreement, the Bond Purchase Agreement, the Letter of Representations, the Bonds, or any instrument contemplated thereby shall be deemed to be a covenant, stipulation, obligation or agreement of any officer, member, agent or employee of the Authority in his or her individual capacity, and no member of the Authority executing the Bonds or other documents herein mentioned shall be liable personally thereon or be subject to any personal accountability by rsason of the issuance or execution thereof. SECTION 12. ,NO THIRD PARTY BENEFICIARIES. Except as herein or in the documents herein mentioned otherwise expressly provided, nothing in this Resolution or in such documents, express or implied, is intended or shall be construed to confer upon any Person other than the Authority, the Borrower, the Holders of the Bonds, the Original Purchaser and the Bond Trustee any' right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of such documents; this Resolution and such documents being intended to be and being for the sole and exclusive benefit of such parties. 5 AGENDA ITEM No, DEC I 1999 SECTION 13. PREREQUISITES PERFORMED. All acts, conditions and prerequisites relating to the passage of this Resolution and required by the Constitution or laws of the State of Florida to happen, exist and be performed precedent to and in the passage hereof have happened, exist and have been performed as so required. SECTION 14. GENERAL AUTHORITY. The Chair and any and all other members of the Authority are hereby authorized to do all acts and things required of them by this Resolution, the Bond Purchase Agreement, the Master Indenture, the First Supplemental Indenture, the Loan Agreement, the Escrow Agreement, the Letter of Representations or the Indenture or desirable or consistent with the requirements hereof or thereof, for the full punctual and complete performance of all terms, covenants and agreements contained in the Bonds, the Loan Agreement, the Escrow Agreement, the Master Indenture, the Bond Purchase Agreement, the Letter of Representations, the Indenture and this Resolution. The Chair, any other m&nber of the Authority, and the Bond Trustee are jointly and severally authorized to subscribe for the purchase by the Authority of United States Treasury Obligations-State and Local Government Series in connection with any refunding of the Refunded Bonds. SECTION 15. RESOLUTION CONSTITUTES A CONTRACT. The Authority covenants and agrees that this Resolution shall constitute a contract between the Authority and the Holders from time to time of the Bonds and that all covenants and agreements set forth herein and in the Loan Agreement, the Indenture, the Escrow Agreement, the Bond Purchase Agreement, the Letter of Representations and the Master Indenture to be performed by the Authority shall be for the equal and ratable benefit and security of all Holders of the Bonds. SECTION 16. SEVERABILITY. If any one or more of the covenants, agreements, or provisions contained herein or in the Bonds shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null axd void and shall be deemed separable from the remaining covenants, agreements, or provisions hereof and thereof and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. SECTION 17. REPEALER. All resolutions or parts thereof of the Authority in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. SECTION !8. EFFECTIVE DPTE. This Resolution shall take effect immediately upon its adoption. Passed and adopted this 30th day of November, 1999. G:\13556~2\Amhy Bond Res(3).wpd COLLIER COUNTY HEALTH FACILITIES AUTHORITY/~ Chairman No. ! (~ f/fi'hO_) E~CUTIVE S LTM~L~d~Y Request by the Housing Finance Authority of Collier County for approval of resolut£ons aut~horizing the Authority to ~ssue multi- family housing revenue bonds to be used to finance qualifying apartment projects. OBjECTi. VE: To accomplish the necessary approvals to authorize proposed multi-family revenue bond issues by the Housing Finance Authority to be utilized for financing qualified apartment projects. The Housing Finance Authority has considered requests by two developers of low income rental housing to issue its bonds to finance qualifying apartment ~rojects. Both projects are consistent with the Growth Management Plan and are properly zoned. No county land use approvals are necessary except for site plan and building permit approvals. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing and must approve the issuance of bonds. This hearing was held on December i, 1.999, and the Authority approved the issuance Df ~he Bonds, copies of the notice published in the Naples Daily News and excerpts of the minutes of the Authority approving the bond issues are attached to the proposed resolutions. The second requirement is that the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. Resolutions for each project for the Board to adopt are attached. The approval of these projects does not mean that they will ~_~_t-_~'j.%r~ ~4 r~_~j~ ~ ~c.~a22y be built. Under the ru] ~$ _for administering the state volume cap (which regulates the amount of tax--exempt private activity bonds t~hat may County will, at best, receive a limited allocation for 2000, and may receive no allocation at all. The Authority is attempting to work out an agreement with the other HFA's in Southwest Florida whereby we will receive an allocation of at least $4.0 million. In order to receive the allocation, which is made on January 3, 2000, we must have these projects approved and ready for submission on C: ~MyFile~oc umem~'lOFA-Multi- family~OOO'~cxecsum wpd DEC lq 1999 that date. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the Authority or the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the project. Neither the County, the Board, the Authority, nor any officer of the County is liable for their payment. Further, the resolutions expressly provide ~t ...... this approval _~¼~, ~h~_.._ Board dnes_ not abro~a~.e any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. ~tta~ GROWTH ~ANAGEMENT IMPACT: The adoption of the ~ ~ ~ res~ ~ons will assist in providing affordable housing in Collier County. RECOMMENDATION: ~=t ~e Board of ~ .... +~' ~=o~=~o adopt attached resolutions. Prepared by: ~ ~ / Donald A. Pickworth, Counsel Housing Finance Authority of Colller County App.roved by: David C. Weigel, C~nty Attorney -2- 1999 RESOLUTION 99- A R_ESOLLWION OF THE BO_~_~_n OF COL~,~T_.Y COSL~ISSIONERS OF COLLIER $4,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 2000 (WILD PINES STATUTES, ' ~ ~o A3-~E~UDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER Bection %. ~ecitais. %t is hereby found, ascertained, determined and declared that: A~ -The ~c~as/ng F-insnce Aut.ho-r~ity of Collier County (the "~Lssuer" ) is a p~tic corporation of the State of Florida~ was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier existing as a local governmental body and a public instrumentality for Cowry, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida SSaSutes, (the "Act"), to provide for the issuance of and 5o issue and scll its ~k~~- for ~ .... ~'~ purposes ~ndcr the A~ B. A public hearing was held by the Issuer on December 1, 1999 (the ~Public Hearing") which public hearing was duly conducted by the Issuer upon reas~nable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their views, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. C. The Issuer has submitted to the Board of County Commissioners a certified copy of an excerpt of the minutes of the Public Hearing, attached hereto as Exhibit B, with respect to the issuance by it of not to exceed $4,000,000 Housing Finance Authority of Collier County Multi- Family Revenue Bonds, Series 1999 (Wild Pines Apartments) (the "Bonds"). D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of 1986, as amende~. C:\MyFilcs',docurncnt~HOFA-Mull]-lamHy2000XResolutionBCC ~;ild Pines.'~pd ~. .The Bonds shall not constitmte a debt, liab£1i.ty or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, pr A~~NO. I~C~ [~] DEC 1999 3 thereof shall be liable personally on the Bond by reason of their issuance. Bection 2. ~pprovai of ~ssuance of the Bonds. The is~uaTic~ of the Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated ~t= re~w~u~iw~=~=~ be subject to alls~-~mr~gul~n~,' ~ ~ Includlng, but not limited to, the County's Growth Management Plan, all concurrency ~=~i~ements contained ~ ~- -~ ~ "~' Code. ~z~ion ~ ~ep~a3Ling Eiause. Ali ~esolutions or orders and parts thereof in ~- = = ' =un=l~c= herewith, to the extent of such conflict, are hereby superseded and repealed. inmlediately upon its adoption. Th~B Resol~r_jDn ~hal 1 take effect ~ASS~D AND ADOPT~D TRiS %4nh day of December, 1999. ATTEST: Dwight E~ Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Pamela $. Mac'Kie, Chairwoman Board of County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David C. Weigel ~ ~- County Attorney C:'uMyFik:s~docurncnt\HOFA-Mul6-faraily2OOO\Rcsoiu6onBCC \Vild Pincs~wpd DEC 1999 Pg,_ % .... NapLes DaiLy Ne~s Naples, FL 34102 Affidavit of Publication NopLe= O~iLyNe~s PICKWORTH! DONALD P.A. irate 'of FLorida County of Collier ~fore the u~ersign~ ~thorttyz personally appear~ B. L~, ~ho on ~th ~my= .~t :he serv~ es t~ Assistant Con,rate Secertary of the Naples Oaily Net, s, a daily newspaper published at Naples, in Collier county, FLorida: that the attached c~)y of advertising ~as pubLish~ in said newspaper on dates List~. Affiant further says that the said Naples ~s is a ~r pubLi~ ~ ~t~, nn Collier C~ty, Florida, and that the said newspaper has ~ofore ~ p~L~sh~ in said Collier Co~ty, FLori~ ~ch day a~ ~ ~ ~te~ ~ sec~d class ~iL matter at the ~st office in ~pLes, in said Collier C~nty, FLorida, for a per~od of I year next preceding the first publication of the attached copy of advertisement; and affiant furt~r ~ys that she has neither paid nor promised any person, firm or coporation any discountx re~te~ co~ission o~ refund for the. ~rpose of securing thi~ ~vert~eement for publication in the said newspaper. P~LI~ED ON: 11/16 AD SPACE: I36.000 INCH FILED ON: 11/16/99 Signature of Affiant //~~-- -: .N~flce a~ Puilc Hearing Notice Is herLq:~yglven thor the ~ouslng FJnon~ Au- a ~lal ~1~ ond ~ll~ ~ng on ~ember 1~ ~ 2~ p.~. in ~ C~u~ ~ommlsslon Chambers 3301_E~t.Tamlaml Tra[l~ N~les~ Florida, 34112 ~he ~olio~ng ~ose m receivmg commen~ and hearing discussion concerning the ~roposed issuance of ~e A~h~'s Mu~lfamlly ~l~:~ue ~ be u~ed~ finite ~e ~cquisfflon and Co~s~umlon ~ any or all ~:~ f~towlng ~oje~: , i;NameOfprOJe~ · . . . '(CR 864), a~proxlma~W ]3~ feet westof C.R. 951 2. N~e of Prell[ Wild Pines Apa~ments Infflol O~er: Nlcholson Llmffed P0dnership '~l~O ~t~ ~4,0~,000 ,.Size of'Sfle: ~ ;; -, ' - -~ ~?~.7 ocr.es ~oc~lon: ~45 Wild Pl~s ~ooe, NoPles, FC 34 ~ · . (wesf side of Sho~ow~own ~o~ of L~nwoo~ on~ so~ of Oovts comme~ o~ ~en~ ~e heoHn~, e~er personolly through their ~epresen~lve, on~ will be ~ven on po~n~ to express fhe]r views concerlno the pro m~ In advance of ~ ~lng mV sen~ suc~ com- men~ ~: H~ Fl~e A~ of CoqUet ~un~ 51~ N~T~laml Trail, ~ulte 602 N~les, Flori~ 34103 ~ ~ ~i~ In a~ of ~ he~Ing and ~ol comme~ ma~e ~ ~e ~lng are for ~e . ~st~r~lon Of ~e A~or~ and will n~Dtnd the Au- ~orlW. Copies of the ~pllc~lons for financing ore avail. able ~or Inspe~lon .a~ copying ~ the office o1 the Gen- eral Counsel s~fo~ above. ~OULD ANY PERSON ~ClDE TO APPEAL ANY DECISION ~ADE BY ~HE AUTHORITY WITH 'RESPE~ TO ANY MATTER CONSIDER~ AT SUCH ~EARING, SuCH PERSON Will ~D ~ECORD OF THE ~ROCEEDINGS AND, FOR THA~ PURPOSE, SUCH PERSON .MAY NEED TO ENSURE THAT A VERBATIM RECORD JOF T~ "~O~DINGS MADE, ~IC~ECORD INCLUDES THE TES~MOHY AND ~IDEN~ UPON WHICH THE APPel 15 TO BE BASED," '" In ac~d~ ~ ~e A~rl~s w~ Ol~bllH~s A~, Der~ns needing o ~eclai accommod~lon ~ Dar-'. flclp~e In ~ls hearl~ sh~ld c~a~ Donal~ A. Pick. wash, General Counsel, ~ (941) 263,8060 no I~er than seven ~) days Prior fo ~e hearing. ' This n~lce Is given pu~uant to 5e~lon 147(f) of the Internal Revenue Code~ as Ameded. /s/John T, Conrov, Jr, Chairman Novembe( 16 No. 1509920 Susan D Flora My Co~mtemion C1~581717 Explre~ De~. IO.2000 EXHIBIT A TO COUNTY RESOLUTION (WILD PINES) DEC 1999 pg. CERTIFICATE OF RECORDING OFFICER I HEREBY CERTIFY THAT: I am the duly appointed, qualified and acting Assistant Secretary of the Housing Finance Authority of Collier County, Florida andkeeper ofth~reeords thereof, ineladhag the minutes of its proceedings. 2. A meeting was duly convened on December 1, 1999, in conformity with all applicable a'equirem~ts; aproper quorum was present throughout said meeting; the motion hereinafter mentioned was duly proposed, considered and adopted in conformity with applicable requirements; aud all other requirements and procedures incitlent to the ~ adopticn cf said _m_aL~_' ~ _c,m have been duly fulfilled, carried 3. t am duly The follow"hag is a true and correct excerpt of the minutes of said meeting: "There being no further discussion, Chairman Conroy called-for a motion approxdng bond issues for those projec~ the An:thority felt should be induced. Member Tom Palmer moved, and Member T.M. Hayes seconded the following motion: ;£hat the Authority approve and induct: boff~ ¢~ Wild Pine. ss_nd Sierra Meadows projects for the issuance of *,zx-exempt bonds not exceeding $4 million for Wild Pines and $13 million for Sierra Meadows and submit both projects to the County Commission for approval. There being no further discussion on the motion, Chaimaan Couroy called for a vote, and the motion carried unanimously." as the same appears in Xhe official minutes and records of the Autholrity, which minutes are on file and of record. Day of~ .Dec~e~rttber ,1999 By: ,~ Donald A. Pickworth, Assistant Secr~ EXHIBIT B TO COUNTY RESOLUTION (WILD PINES) Housing Finance Authority of ColLier County, Florida DEC l 1999 RESOLUTION 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING $13,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI- FAMILY HOUSING REVENUE BONDS, SERIES 2000 (SIERRA MEADOWS APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA STATUTES, AS AMEND_ED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: and declared that: A. The Mousing Finance Authority of Collier County (the "Issuer") is a public corporation of zhe ~tate of Florida, was duly created by Ordinance No. 80-66 of the Board of County Commissioners of Collier County, Florida, and is a body corporate and politic duly created and existing as a local governmental body and a public instrumentality for the ~u~ose of assistin~q .qualif~in~ housi~_q projects situated in Collier County, Florida (the "County"), under and by virtue of Chapter 159, Part IV, Florida Statutes, (the "Act"), tc provide for the issuance of and to issu~ ~nd sell its obligations for lawful purposes under the Act. B. A public hearing was held by the Issuer on December i, 1999 (the "Public Hearing") which public hearing was duly conducted by the Issuer upon reasonable public notice, a copy of said notice being attached hereto as Exhibit A, and at such hearing interested individuals were afforded the opportunity to express their ~i~ws, both orally and in writing, on all matters pertaining to the location and nature of the proposed project and to the issuance of the Bonds. C. The Issuer has submitted to the Board of County Commissioners a certified copy of an excerpt of the minutes of the Public Hearing, attached hereto as Exhibit B, with respect to the issuance by it of not to exceed $13,000,000 Housing Finance Authority of Collier County Multi- Family Revenue Bonds, Series 1999 (Sierra Meadows Apartments) (the "Bonds"). D. The Issuer has recommended and requested that the Board of County Commissioners approve the issuance of the Bonds so that the interest on the Bonds will be exempt from federal income taxation under applicable provisions of Section 147(a) of the Internal Revenue Code of E. The Bonds shall not constitute a debt, liability or obii~ation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of ~'!orida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Boar, Commissioners of Collier County or any officer, agent, p~._ ~ . thereof shall be liable personally on the Bond by reason of their issuance. ~mction 2. Approval of Issuance of the ~onds. ~e issuance' of ~=-~= Bonds is hereby approved, however this approval shall in no way be deemed to abrogate any regulations of the County and the project contemplated by this resolution shall be subject to all such regulations, including, but mot iim/ted to, the County's Growth M~nag~ment Plan, all concurrency Code. $e=~ion 3. Re~eal/~ Clause. Ail resolutions or orders and parus thereof in conflict herewith, to the extent of such conflict, are hereby superseded and repealed. Section 4. Effective .-Date. ~mm~~ ..... ~ ~t= adoption This Resolution shall take effect ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Pamela S. Mac'Kie, Chairwoman Board cf County Commissioners of Collier County, Florida Approved as to form and legal sufficiency: David C. Weige--1 ~ County Attorney C:%M y Files ,document\HOF A -M uhi- f,u'mly2000\P, csoJutionB C CS icrra Mcadows.wpd AO ',m.A DEC 1999 Naples Oatl~ News Naples, FL 54102 Affidavit of Publication ~apLea P[CKWORTE, DONALD P.A. 5q50 TAMZAMI TRL N NAPLES FL ~1CT5 57964458 Notice of PuLlc Hear Stateof'Florids County of Collier refers ~he-undersignedeuthortty, personally appeared B. Lamb, who on oath says t~at she serves as the As~istan~ co~porat~ Secertory of the Naples PaiLy Ne~, a daily new~paper pubL'~shed at Naples, in £oLLier County, FLorida: that the attached copy of advertising was published in said ne~(spaper on dates Listed. Affiant further ~ays that the said Naples Nexis is a newspaper published at Naples, tn sale Collier County, FLorida, and tha.t the said newspaper has heretofore been continuously published in said Collier Cou)~y~ FLorida~ each day a~d t~s been entered es second ~Lass matter at the post o?fice in NapLes~ in said Collier County, FLorida, for a period of I year next preceding the (irst publication of the attached copy of advertise~enti end affiant further says that she has neither paid nor proeised any person, firm or coporation any dlscountx ~bate, commir~on or refund for the purpose of securing this ~dverti~ement for publication in the said newspaper. PUBLISHE~ ON: 11/16 AD SPACE: 136.OOO ~NCH FIL£D ON: 11/16/99 Signature o? Affiant Personally known by ale ..... ~.~_~)~0~/~ lek. - EXHIBIT A TO COUNTY RESOLUTION (SIERRA MEADOWS) AGENDA ITEM DEC I 1999 CERTII~ICATE OF RECORDING OFFICER I HEREBY CERTIFY THAT: 2. A meeting was duly convened on December 1, t999, in conformity with all applicable requirements; a proper quoram was present throughout said meeting; thernotion hereinafter mentioned was duly proposed, considered and adopted in conformity with applicable requirements; and all other requirements and procedures incideg~io the propt."r adop~on of said met/ion have _he~e~ .duly fulfilled,, carried out and otherwise observed; 4. 'The following is a-trueand correct~xcerpt of the minutes of said meeting: "There being no further discussion, Chairman Com'oy called for a motion approving bond issues for those projec, lts ~e Authority. felt should be induced. Member Tom Palmer moved, and Member T.M. Hayes seconded the following motion: That the Authority ~approv¢ and inda~ bo*..h I_~ Wild Pme,~ .and Sierra Meadows projects for the issuance of tax-exempt bonds not exceeding $4 million for Wild Pines and $13 million for Sierra Meadows and submit both projects to the County Commission for approval. There being no further discussion on the motion, Chairman Conroy called for a vote, and the motion carried unanimously." as the same appears in the official minutes and records of the Autholrity, which minutes are on'file and of record. DATED .this 1st :' Day of December .... 1999 Housing Finance Authority of Colli/County, Florida EXHIBIT B TO COUNTY RESOLUTION (SIERRA MEADOWS) ~g. ltd 12/08/9~ 13:08 FAX 9417754454 CCEMS ! 12/08/99 13:08 FAX 9417754454 CCEMS [~04 wodd cixno ~ Pmpm~ lng C.4mmlq Pun5 No. :516.-1216S(~ ~mm~lyl, Sl M'&N_&~TMIm&m'~'m N(mlL EXECUTIVE SUMMARY AUTHORIZE CHAIRMAN TO EXECUTE RESOLUTION SUPPORTING THE WIDENING OF 846 ALONG THE SOUTH SIDE OF IMMOKALEE REGIONAL _AIRPORT CONSIDERATION: The Collier County Airport Authority is pursuing a grant in the amount of 1.4 million from Enterprise Florida to four (4) lane that portion of 846 between Airpark Boulevard and State Road 29 (I/2 mile) and to construct a loop road in the Immokalee Airport Industrial Park to address transportation improvements for a company that plans to locate at the Airport and employ 200 people. Enterprise Florida is requesting that the County evidence support and authorization for the Authority To construct that segment of 846. FISCAL IMPACT: This is a 100% grant and no County funds are needed. GROWTH MANAGEMENT lMPACT: none RECOMMENDATION: Authorize the Cltairman to execute the attached resolution. /~nH. Drury, A.A.E., Executive-'~rector AGEI~pA IT,EM No./(~ ,/~ ,//_.) DEC 1 19 .9 Pg.,,, [ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING THE WIDENING OF A ONE-HALF MILE STRETCH OF COI.~qTY ROAD 846 ALONG TIYE SOUTH SIDE OF IMMOKALEE REGIONAL AIRPORT WHEREAS, the Collier County. Airport Authority is in the process of applying for a miiiion gram fi'om En~ Florida to construct trar~portalion facility i .rnlntw~; and WHEREAS, the $1.4 million grant monies are to be expended to four (4) lane a stretch of County Road 846 running between Airpark Boulevard and State Road 29 (approximately one- half mile in length) and to construct a loop road in County's nearby Industrial Park, all to improve transportation in the vicinity of the Immokalee Regional Airport; and WI~REAS, Enterprise Florida, (Grantor) has requested that this Board of County Commissioners proclaim its agreement that the Airport .Authority w/den (to four lanes) the above-referenced segment of County Road 846 and to have the above-described loop road constructed, all to improve transpo.,~ation in the vicinity of the Immokalee Regional Airport. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby agrees that the Collier County Airport Authority cause to be widened ('to four u-affic lanes) a portion of County Road 846 running from Airpark Boulevard to State Road 29 (approximately ½ mile) and to construct a loop road in nearby Industrial Park to improve transportation in the vicinity oflmmokalee Regional Airport. This RESOLUTION adopted this __ and majority vote favoring adoption. day of December 1999, after motion, second ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Deputy Clerk By: PAMELA S. MAC'KIE, Chairwoman ~_pp._-ov~! as-m ~.,'m and Legal sm~ciency: Thomas C. Palmer, Assistant County Attorney AGENDA I'I'E.M,, No, J 1 1999 I I 5,?.8.13' I! I I I ~l_il__ t I International Ahlmrt I Corkscrew ! Golden Gate ColLier Seminole CltnJS , Felda Sunniland ~ Mile~ City .GoOdnO ~r coow'tl, i ~v~, cou~rrr P Deep Lake Jerome Copldand "t AGEN MMOKI/EE REGIONAL AIRPORT Exhibit 1 A VICINITY MAP RESOLUTION NO. 99- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING THE WIDENING OF A ONE-~F MILE STRETCH OF COUNTY ROAD 846 ALONG THE SOUTH SIDE OF 1MMOKALEE REGIONAL AIRPORT WHEREAS, the Collier Count5.' Airport Authority is in the process of applying for a $1.4 million gram from Enterprise Florida to construct transp~on facility improvements; and WHEREAS, the $1.4 million grant monies are to be expended to four (4) lane a stretch of County Road 846 running between Airpa.-k Boulevard and State Road 29 (approximately one- half mile in length) and to construct a loop road in County's nearby Industrial Park, all to improve transportation in the vicinity of the Immokalee Regional Airport; and WHEREAS, Enterprise Florida, (Grantor) has requested that this Board of County Commissionm's proclaim its agreement that the Airport Authority widen (to four lanes) the above-referenced segmerll of County Road 846 and to have the above-described loop road constructed, all to improve transportation in the vicinity of the tmmokalee Regional Airport. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby agrees that the Collier County Airport Authority cause to be widened (to four traffic lanes) a portion of County Road 846 running from Airpark Boulevard to State Road 29 (approximately ½ mile) and to construct a loop road in nearby Industrial Park to improve transportation in the vicinity of Immokalee Regional Airport. This RESOLUTION adopted this and majority vote favoring adoption. __ day of December 1999, after motion, second ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Deputy Clerk By: PAMELA S. MAC'KIE. Chairwoman ~-a.pplroved s ~'o ~ ~ t_ 801'111 Legal sufficiency: Thomas C. Palmer, Assistant County Attorney DEC lq- 1239 Pg. 758 P82 88 '88 88:88 Ceil,~n M. K~ P~ic~ ~rd C~mm~n~e~ E~ A E~c~ V~ce ,en~ ~ P~;dent - ~J ~H~er Chief ~cu~ ~er Ch,~ ~c~,~ C~J~nd CI,nic ~ & CEO ~ch~f ~ & CEO ~e~ & CEO ~m~ M T~or '~t & ~EO ECONOMIC DI OF NAPLES, '3050 Norl~ December 3, 1999 The Honorable P~m Mac:K/e, Chab'm=t Boazd of Co[mb' Corrm~issioners 3301 Tamiami Trail, East Naples, Fi.. 34! i2 emoil: RE: Support For Enlerprise Florida/Transportakion Road Fun Dear Chaim~an Mac The Economic Development Council of Collier Com~ ty (EDC) is committed to m.itiat/ves which urill diversify the ecoaomy and create wage, value added jobs in Collier Count3,. On a continual basis, ti:c EDC works with the Collie~. County Airpor Authority (C:C.&~.) to diversify the economy and impjr.' ove the transportation net-work in ~[mmokalee. The Airport A~thonty is appl5 for a !.4 "-,;~;; ....... on-d,,,~ Transportation Road Fund gr%nr, as administ~ by Enterprise Florida. The purpose of the grant is to kviden a portion: CR 846 along the so,: side of the Immok~lee Regional Airport and construct a loop road in the industrial perk, in order te facilitate a¢ce: and from the site by o'..:: client, On behalf of the EDC ~ f. the CCAA, we respectfull1, request your apprm, al for submissh?,n of,.his Transportation Road ~uncl grant to Enterprise Florida. Colleen Kvetko Chairman IELOPMENT COUNCIl ]OLLIER COUNTY, INC Vis,GLADES orr. ~MMOI(ALEE ~,RCO ISLAND & GOLDEN GATE fLORID~ -Ior.'~shoe Drive, Sure 12C 941.263~8~ Fo~: ~41-263~021 ://dlico~ea ~florida_com ~d~s~loridabudness.com ,ng red of ~ to Su~m ?llreigis Presiderlt AGE 4DA fiE.M/ DEC Pg. E EC TtVE MM . Y lmmokalee Regional Airport - Extension of Temporary Use Permit For Raceway located at Immokalee Regional Airport. CONSIDERATION: On June 2, 1999 a six month temporary use permit was issued to RTH Enterprises !nc. D/B/A Immokalee Regional Raceway to allow for the tempora~ use of developed lands at the Immokalee Regional Airport for the purpose of automobile drag racing. This facility has been in operation for a period of six months and has been an overwhelming success for the operator, the Airport Authority and the County. The operator of the facility has made a substantial investment in the development and operation of this temporary facility and continues to make improvements to the facility wherever and whenever necessary. The Airport Authority has made application for Economic Development Adminsitration (EDA) grant which will include the development of a Site Development Plan (SDP) so that SDP approval for the drag racing facility can be obtained from the County. It is anticipated that the grant will be received in January 2000 and the SDP completed in April 2000 at which time a SDP Permit will be secured for the drag racing .facility. FISCAL,,,,IMPACT: Immokalee Reginal Raceway currently pays $42,000 annually to the Airport Authority which reduces the Airport Authority's break even need from the County by same. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to issue a temporary use permit for the Immokalee Regional Raceway to time it is anticipated that SD.l~lx~roval shall be secured. ARE :~. ~,~~~~.;. Date: AGENDA tim, DEC 1999 EXECUTIVE SUMMARY AUTHORIZE A $60,000 TRANSFER FROM GENERAL FLINt) RESERVES TO TH:E AIRPORT OPERATING FUND (FUND 495). OB~IE~,WIYE: For the Board of County Commissioners to authorize an internal loan ol $60,000 from General Fund reserves to the Airport Operating Fund. CONSIDERATIONS: During the annual budget process, the Board of County Commissioners authorized the Airport Authority to purchase an airplane for commuting between the three airports. The airplane will also be available for use by other County officials for h'avel. The Airport Authority was instructed to finance the purchase of the airplane over three years. The Airport Authority met with the County's Finance Department which included representatives from the County Administrator's Office, the Budget Department and the Clerk's Finance Department to discuss the various financing alternatives available. Several financing options were discussed including lease purchase, bank loan and TECP loan. Subsequenl to lhat meeting, it was determined by County staff that intemai borrowing would be the most cost effective and efficient method of financing the balance of $60,000 ($20,000 was already appropriated in the FY 1999/2000 budget for the acquisition). County staff recommends that the interfund loan be made from General Fund reserves to be consistent with the funding arrangement between the Board of County Commissioners and the Airport Authority. This loan will be re-paid with interest upon the Airport Authority becoming self-sufficient. FISCAL IMPACT: An interfund loan of $60,000 from General Fund reserves to Fund 495 will reduce General Fund reserves from $4,702,352 to $4,642,352. The inteffund loan will be re-paid to the General Fund with interest. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize an interfund loan of $60,000 from General Fund reserves to the Airport Operating Fund (Fund 495) and approve the necessary budget amendments. PREPARED BY: Jo-Anne Learner, Finance Manager DATE: REVIEWED ~BY: John H. Drury, Executive Director 'DATE: If~o, APPROVED BY: Mike Smykowski, Director of Budget DATE: / AGENDA IT.EM No__/~/_L (2) EXECUTIVE SUMMARY Al)OPTION OF ,AN ORDINANCE 'CREATING THE RURAL FRINGE AREA ASSESSMENT OVERSIGHT COMMrr- TEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT, COMPOSITION, TERM OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCE1)URE; PROVIDING FOR DISSSOLUTION Olt THE COMMITI~E AND REPEAL OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To adopt an ordinance creating the Rural Fringe Area Assessment Oversight Committee for a term of three years. CONSIDERATIONS: Collier County is required by the State of Florida Administration Commission, pursuant to the Final Order of Case No. AC-99-002, to conduct an assessment of the rural and agricultural area of Collier County, including: all lands designated Agricultural/Rural; the Big Cypress Area of Critical State Concern; all conservation lands outside the County's urban boundary; and Southern Golden Gate Estates. The Final Order states that the Assessment shall be a collaborative, community-based effort with full and broad public participation. The Final Order also provides that the plan amendments necessary to implement the findings and results of the Assessment are to become effective no later than June 22, 2002. On August 3, 1999, the Board of County Commissioners agreed to conduct a bifurcated analysis of the assessment area, with one process focusing on the "Rural Fringe" geographical area. On September 14, 1999, by Resolution No. 99-364, the Board of County Commissioners established the Rural Fringe Area Assessment Oversight Committee and appointed members to the Committee. Since the term of this Committee will extend beyond one year, the Committee needs to be formally established by Ordinance as 'required by Ordinance No. 86-41, as amended, the County's general advisory boards ordinance. FISCAL iMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance creating the Rural Fringe Area Assessment Oversight Committee. ' ' C. Weigel- ~" County Attorney DEC ,1V 1999 pg._ I .... ORI)INANCE NO. 99- AN ()I{I)INAN('E (:llEA'l'ln(; TIlE RIIRAI, FRINGE AREA FOR CREATION AND PURPOSE: PROVIDING FUN(TFIONS, POWgRS AND 1)IITIES~ PROVIDING FOR APl'OINTMENT, COMPOSITION. TERM OF OFFICE, A~ENDANCE AND FILLING OF VACANCIES; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE~ PROVIDING FOR DISSSOLUTION OF TIlE PROVIDING FOR CONFLICT AND SEVERABILI~; ~ROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVI~!NG ~R A~ ~FFE~IVE DATE. I 4 5 7 10 12 t3 14 I$ 16 17 18 WHEREAS, Collier County is required by the State of Florida Administration Commission, 19 pursuant to the Final Order of Case No. AC-99-002, to conduct an assessment of the rural and 20 agricultural area of Collier County. including: all lands designated Agricultural/Rural; the Big 21 Cypress Area o£ Critical State Concern; ali conservation lands outside the County's urban 22 t~undary; and Southern Gol'~n Gale E~a~'e~; and 23 WHEREAS, the Final Order states that the Assessment shall be a collaborative, community- 24 based effort with full and broad public participation; and 25 WitEREAS, the Final Order encourages thc County lo cx;ng;.dex the appropriateness of 26 undertaking the assessmenl in phases designed to address short-term as well as long-term 27 conununiiy needs and geographical differences; and 28 WHEREAS, the Final Order stales that all plan amendments necessary to implement the 2~ findi~gs a~d ~e~ulls oflhe As~ssn~nl, or any phase flmreof, shall be effective nol later than June 30 ,v ~00v and 31 WHEREAS. on Augusl 3, 1999, Ihe Board of Courtly Commissioners agreed ~o ~nduct a 32 bifurcated analysis of the assessment area, with one process focusing on the "Rural Fringe" area; 33 and 34 WI 1EREAS, on August 3, 1999 and September 14, 1999, Ihe Board elected lo create a 35 citizens committee to oversee the assessmenl and development of comprehensive plan 36 amendmenls for the Rural Fringe area; and 37 WHEREAS, by Resolution No. 99-364, dated September ! 4, 1999, the Board &County 38 Commissioners appointed members to the Rural Fringe Ar~ Assessment Oversight Committee. 39 NOW, T~REFORE, BE IT ORDAINED BY THE BO~ OF COUNTY al SECTION ONE: Cr~tion and Purpo~ of the Ru~l Fringe Area Assessment Ov~sighl 42 Commillee. 43 44 There is hereby crated and establighed the Rural Fringe ~ Asses~e~t Ov~ighl 45 Commillee, hereinafter referr~ to as "the Committee." The Commitlee is cr~led to ~nduct an 46 assessme~l of~{ons oflhe airal and agricallural ar~ of Collier County. The Board of Counly 47 Commissioners el~ to a~e two ~mmitt~s Io ov~e the asses~mem and developmenl of 48 comprehensive plan amendmenls pursuant to the State of Florida Adminislration Commission's DEc lq 1999 Final Order of Case No AC-99-002, one committee to be established for the rural fringe designaled area and the other for Ihe rural lands designated area The Rural Fringe Area reflected on lhemap ~tlad~ed hereto as Exhibit "A." 4 SECTION_T~O: Funclions, Powers and Duties ofthe Committ~. 5 The functions, powers and duties of the Commitlee shall be as follows: 6 I The Committee shall hold public workshops for community input to assess community 7 needs and geographical differences, which will aid the Board of Counly Commissioners in their 8 adoption of comprehensive plan amendments for the rural fringe geographical area. goals benefiling the rural fiinge geographical area I I SI{CI'ION 'I'[{R[~E: Aiq}oinlmenl; (:omposilion; Terms ~l'()l]]ce; Allendance: and Filling 12 Vacancies 13 I I I The (7onlmillee shall consJsl oflen (I()) n~embefs choscti by the Board of('ounty I~ ('onmfissJoners. lnaccordancewilhthepalainelersset finlhintheFinaJ(hder No A('-99-002 J6 of the · ' ' ~' ' , ,; ;~n Ad,mmslra,~on (on.n..ss ...... "participation m~sl be wide in scope with broad community } 7 inp~l" Thele~re, ~he ('~mmiltee n~embers shall {epre~enl a cr~ss-section of the public 0nd :e,o incl~de some members with technic&! and .... ~ientific experience and aual~ical, skills lq 2 The Committ~ shall co~uc! al. or pa~ of its initial agsessment within approximately 2{l twelve months from ils creation, ti is anlicipai~ lhal tt~ cntire asgessmenl process slmll be 21 concluded within approximalely 20-30 monlhs fi'om creation of the Committee; however, lhe 22 Co ;}nfl!lee may conch~dc ils work wiihi~ a sho~lel limefimne [ yon appoinlme~ll, lhe 23 Commiltee shall serve the entire term. Said term shall expire at lhe couclusion oflhe 2~ f'ommitlee's repc~ to lhe 8Pard of Co~mly Commissioners. 2S 3 Conunillee member allendance requiremenls, including l~ailn~e Io altend meetings and 26 removal flora ot~ce are governed by Collier Counly Ordinance No. 86-4 }, as amended, or by ils 27 su~essor o~dinance Ifa vacancy occurs on lifts Commillee, a nolice ofvacancy shall be 28 ptd~liciT, ed and plospeclive n~embers soughl lhrot~gh new~pal~er adve~lisemenl. 29 SE~J;IO~ IrOneR; Officers, Ouorunl: Rules of Procedure: 30 1. At ils first meeting, the Commillee shall elecl a Chairman and Vice Chairman 31 among ll~e members. O~cers' terms shall be for one (1) year, with eligibilily for re-election. 32 2 The presence ora majority of the members shall conslitnte a quorum necessary to take 33 action and transact business. 34 3. Ti~e Committee shall, by a majorily vote oflhe entire men~bership, adopt roles of findings nnd determinations Co~es ofall Commiltee minute~, re~lulions, reports, and exi~ibits 3R SECTION F!yE: Dissolution ofCommiuee; R~al of Ordinance. 3O Al the conclusion of the Committee's repofl lo the Board of Counly Commissioners, the 40 objeciive ofih~ C~nimlitl~ shall hav~ ~n falfil!ed. The Committee shall thereafter dissolve · 11 ilselfa~d Ibis (hdinance aulomalically repealed I)issoh:li~m and repeal ~hall nol be laler than 42 {)ecembet 3 I, DEC lq 1999 SECTION SIX: Conflict and Severability. 1, the even! this Ordinance conflicls with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion ofthis Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall b~ deemext a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 10 II 12 13 14 15 t6 17 18 i9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3,~ 35 36 37 7 SECTION SEVEN: inclusion i-'il'~ Cx~e rn° L~m~s ~ d O~-d h-raiiCe · 8 The provisions of this Ordinance shall become and be made a part ofthe Code of Laws and 9 Ordinances of Coilie~ County, Florida, The*sectirms ofthe Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. SECTION EIGHT: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of Counly Commissioners of Collier County, Florida, this day of , 1999. ATTEST: DWIGliT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal sufficiency: b"[vid C. Wet,el County Attorney IK;W&n A(~IDA ~ t w ),,. DEC l Zt 1999 i:'~. ~ - Il '1 c~l f o.T kfc.~ic° I -- EX[I IBiT "A" __ EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE CREATING THE RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMIT- TEE; I~ROVIDING FOR CREATION AND ]'IYRPOSE; PROVIDING ~tlN~ONS, POWERS AND DUTIES; PROVIDE~TG FOR AYPO~Eh~, COMI~SITION, TERM OF OFFICE, ATTENDANCE AND FH~I.ING OF ~VACA~i~; lql~G I*OR OFFICERS, QUORUM ~ RULES OF ~ROCEDURE: PROVtlHNG FOR t~/u~8OIJJltON OF ~ COMMtlWEE ~d~D t~.~EALOF THIS ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN ~EFFECTIVE DA'I'E. OBJECTIVE: To adopt an ordinance creating the Rural Lands Assessment Area Oversight Committee for a ~erm of three years. CONSIDERATIONS: Collier County is required by the State of Florida Administration Commission, pursuant to fl~ Final Order of Case No. AC-99-002, to conduct an assessment of the rural and agricultural, area of Collier County, including: att lands designated Agricultural/Rural; the Big Cypress Area of Critical State Concern; all conservation lands outside the County's urban boundary; and Southern Golden Gate Estates. The Final Order states that the Assessment shall be a collaborative, community-based effort with full and broad public participation. The Final Order also provides that the 'plan amendments necessary to implement the findings and results of the Assessment are to become effective no later than June 22, 2002. On August 3, 1999, the Board of County Commissioners agreed to conduct a bifurcated analysis of the assessment area, with one process focusing on the ',Rural Lands" geographical area. On September 14, 1999, by Resolution No. 99-364-A, the Board of County Commissioners established the Rural Lands Assessment Area Oversight Committee and · ppointcd members to the Committee. Since the ttm'n of this Committee will extend beyond one year/the Committee'needs to be formally established by Ordinance as required by Ordinance No. 86-41, as amended, the County's general advisory boards ordinance. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance creating the Rural Lands Assessment Area Oversight Committee. David C. weigel' ~,) " County Attorney A~DA I't'~M DEC 1999 Pg ....! 2 3 4 5 6 7 8 I1 12 13 14 15 16 17 18 t9 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 41 43 45 46 47 48 ORDINANCE NO. 99- AN ORI)INANCE CREATING ]'liE RURAL LANDS ASSESSMENT AREA OVERSIGIIT COMM i'i'FEE; PROVIDING FOR CREATION P.*ND ~PURPOSE; PROVIDING FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR APPOINTMENT, COM POSITION, TERM OF OFFICE, ATTENDANCE AND FILLING OF VACANCIES; ~PROVIDING FOR OFFICERS, QUORUM AND RULES OF P~OCEDURE; PROVIDING 'FOR DISSSOLUTION OF THE COMMITTEE AND REPEAL OF Tills ORDINANCE; PROVIDING ~FOR UOlnFL1L-I SEVERABILITY~ .PROVIDING FOR INCLUSION IN CODE EFFECTIVE DATE. WHEREAS, Collier County is required by the Slate of Florida Administration Commission. 'putsugnt 'to ~he Final Order of Case No, AC-99-002, to conduct an assessment of the rural and agricultural area of Collier County, including: all lands designated Agricultural/Rmal; the Big Cypress Area of Critical State Concern; all conservation lands outside the County's urban boundary; and Southern Golden Gate Estates; and WHEREAS, the Final Order states that the Assessment shall be a collaborative, communily- based effort with full and broad public participation; and WtlEREAS, the Final Order encourages the County tv cot~sider tl~ appropriateness of underlaking the assessment in phases designed to address short-term as well as long-term community needs and geographical differences; and WHEREAS, the Final Order states that all plan amendments necessary to implement the findings and results of the Assessment, or any phase thereof, shall be effective not later than June 22, 2002; and WHEREAS, on August 3, 1999, the Board of County Commissioners agreed to conduct a bifurcated analysis of the assessment area, with one process focusing on area designated the "Rural Lands" area; and WI IEREAS, on August 3, 1999 and September 14, 1999, the Board elected to create a citizens committee to oversee the assessment and development of comprehensive plan amendments for the designated Rural Lands area; and WHEREAS, by Resolution No. 99-364, dated September 14, 1999, the Board of County Commissioners appointed members to the Rural Lands Assessment Area Oversight Committee. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF COUNTY C~OMMtSStONERS OF COL4JER COUNTY, FLORIDA, that: SECT/ON ON_~ Creation and Purpose of the Rural Lands Assessment Area Oversight Thexe is hereby ~created and e~t~_hlished the Ruts! Lands A~essment Area Overs~ht Committee, hereinafter referred to as "the Committee." The Committee is created to conduct an assessment of portions of the rural and agricultural area of Collier County. The Board of County Commissioners elected to ereale two committees to oversee the assessment and development of comprehensive plan amendments pursuant to the State of Florida Administration Commission's AGENDA ITEM. NO. I "1 ~ (5) DEC 1999 Pg. Final Order of Case No AC-99-002, one committee to be established for the rural fringe 2 designated area and the olher for the rural lands designated area. That portion designated as the 3 ;?n'al lands assessmem study area is reflected on the map allached hereto as Exhibit "A." 4 ~E_CTION TWO: Functions, Powers and Dulies of the Committee. 5 The functions, powers and duties of the Committee shall be as follows: 6 I. The Commie ~h~{ ~d ~blie ~k~h~ for ~m~, 4~a~o 7 needs and geographical differences, which will aid the Board of County Commissioners in lheir 8 adoption of comprehensive plan amendments for the geographical area designated as the rural I0 2. The Commilte shall repml to the Board t)f Counly Commissh~ne~s sl~l and I(m~-It~m I I goals benefiting Ihe dcsignaled rural lands geographical arca. 12 ~_ECTIO~_~H~EE~ Appointment; Composition; Terms ofO~ce; Allendance; and Fillin8 13 Vacancies. 14 15 I The Commillee shall consist of fiReen (15) members chosen by the Board orCounty 16 Commissioners In accordancc with Lhe parameters set fo~lh in the Final Order No AC-~9-002 17 (,fthe Administration Commission. "participation must be wide in scope with broad community I ~ {npnt." Th~efore, the Committ~ membet~ shall r~resent a cross-se~ion of the public and 19 include some members with technical and scientific experience and analytical skills. 20 2. 1~ is a~licipa~e~ tlm~ I~ emire as~sment proce~ shall be concluded wilhin 21 approximately 20-30 months from cr~tion of the Commillee; however, the Commitl~ may 22 conclude i~s work wifl]in a shorter timeframe Upon appointment, the Commhtee shall serve the 27 enfi[e term. Said term shall expire at the conclnsion ofthe Commhtce's repo~ to the Board of 24 CoLmly Commissioners. 25 3. ('ommitlcc metal)cf allendancc ~cqL]ircmcnls, h]clu(ling faihnc Io aucnd mectings and 26 rcmoval from office arc geverned by Collier CoLmly Ordinance No. ~6-4 l, as amended, or by ~7 successor ordinance Ifa vacancy occnrs on lhis Commitlee, a nolice ofvacancy shall be 28 publicized and prospective members sought through newspaper adve]lisement. ~9 S~_TP~)~_FgUR~ O~cers, Quorum; Rules of Procedure; 30 I At its first meeting, the Committcc shall elect a Chairman and Vice Chairman fi'om 31 among lhe members. O~ccrs' terms shall be for one (1) year, whh eligibility for re-election ~2 2. The prcsence ora majority of the n~emhers shall constitule a quo~m necessary lo takc 3~ aclion and Iransacl lmsiness 34 3 Tt~e Commiltee shall, by a majority vole oflhe entire membership, adopt roles of 36 findings and detm'nfinalions. Copies ()fall Commill~ minules, rcsolulions, re~ns, and exhib~s 37 shall be s~hm~t!etJ !o !11~2 Boargf of C[3tmly Commissioners. 3g SECTtON FtVE: Dissot~i~ ~Cmm~t~; Rq~I 39 At fl~e conclusion oflhe Comnfitlee's report to the Board of County Commissioners~ the ~.,~" .}.*j~,,.~- ~ :~':-~ office Commh~ee ~h~n.,,,.., ................ ~!ave h .... 6,1Gllo~ '~'~ Commi!!ee sba!. U~ereafler dissolve 41 itsel f~ml this Ordinance aulomalimlly repealed. Dissolution and repeal shall nol be laler than 42 December 3 I, 2002 AOF_NDA ~ NO._ l.') (,15) 1999 pg. 3 I 2 3 4 5 9 10 12 13 14 15 16 19 2O 21 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECTION SIX: Conflict and Severability. In tile event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply If any phrase or potion ofthis Ordinane, e is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SEC~FION SEVEN: lncJusion in the Code of Laws and Ordinance. "~l-he provisions of this Ordinance sha~i become and be made a part ofvhe Code c~Lav~ and Ordinances of Coitier County, Florida. The sections of the Ordinance may be renumbered or reiettered to aceomPiish such, and the word~ordinance'' may be changed ~o *'section," ~*artic|e" or any olher appropriate word. SECTION EIGHT: Effective Date· This Ordinance shall be effective upon filing with the Florida Department of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to for:n and legal sufTiciency: ~-avid C. Wei~ff~' County Attorney I K'W/kn By: PAMELA S. MAC'KIE, Chairwoman DEC 1 1999 t 4e s I T 4, ~ I t 4~ $ , t EXIIIBIT "A" NO. ~ BEC 1~: 1999 EXECUTIVE SUMMARY PETITION DRI-99-1 ALAN D. REYNOLDS, AICP, OF WILSONMILLER,INC. AND GEORGE L. VARNADOE, ESQ OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING BARRON COLLIER COMPANY, REQUESTING DEVELOPMENT APPROVAL OF "WINDING CYPRESS", A MIXED USE DEVELOPMENT OF REGIONAL IMPACT CONTAINING COMMERCIAL, RESIDENTIAL, AND GOLF COURSE COMPONENTS,FOR PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF U.S. 41 EAST AND SOUTH OF SABAL PALM ROAD, IN SECTIONS 26, 34 AND 35, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 +/- ACRES. OBJECTIVE: Winding Cypress is proposed as a residential mixed-use community of housing, recreational and neighborhood commercial facilities. Approval of this development order will authorize the following development activities: 1.2,892 Single family and multi-family residential dwelling units 2.30,000 Gross square feet of retail, offices and clubhouse 3.45 holes of golf with Clubhouse facilities 4. Various related uses of land for water management, road right-of-way, conservation/preserves, open space and parks and recreation facilities. CONSIDERATIONS: It should also be appreciatcd that the Winding Cypress DRI Development Order is also complimented with a PUD rezoning actions which is also part of the regulations governing the development of the Winding Cypress DRI. An impact assessment of the Winding Cypress DRI has been prepared as required by Ct~apter 380, Florida Statutes. The DRI assessment is largely based on informalion supplied in the Application for Development Approval (ADA). The ADA represents a Comprehensive Analysis of a defined number of questions required by administrative rules that identify the impact of the dcvelot):~ent upon a '~,ide range ofphy4caL *~?tucaI, cconomic aqd s.;ci~d issues. The ADA in its entirety including two additional sufficiency responses to evaluation criteria was reviewed by all jurisdictional state agencies incl,uding the Southwest Florida Water Management District, Southwest Regional Planning Council staff, and local jurisdictional staff persomlel. ]'his process concludes with a report of the Southwest Florida Regional Planning Council's Official recommendation. These recommendations address each of the evaluation criteria required by administrative rules and Chapter 380, Florida Statutes. These include Energy, Historical/Archaeological, Housing, Hurricane Evacuation/Flood plains, Stormwater Management, Transportation, Wastewater Management/Water Considerations. These recommendations are then included in the Development Order crafted for local ~/"-'~pproval. The recommendations were reviewed and approved by the Southwest Florida Regional lanning Council on October 21, 1999. - 'ISCAL IMPACT: This DRI 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 the residential portion of the project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · Ex, IS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per milt $0.005 per square foot of building $1.50 per unit The following impact fees will be applicable to the commercial portion of the project: 30,0000 sq ft of Commercial · Road Impact Fee: $1,300,000.00 · Fire: $78,000.00 · Radon Gas: $1300.00 · Building Code: $1300.00 · EMS: $65,000.00 For an average unit size of 1,000 square feet, the total fiscal impact for residential development will be $2,63902 per unH. Since this project proposes 1,928 units, the total amount of residential impact fees colle,:led at braid-out ,vi!l tr~ta! $5,0SS.(.,50.00. IS should be noted that because impac! fees var3, by housing type and because this approval does not provide this level of specificity as to the actual t.vpe of use, the total impact lee quoted' r,.bove is at best a raw estim:~te. Additionally. there is no guarantee that ' the project at build-out will have maximized their authorized level of development. Other fees will inc!ude building permit review' fees and utility fees associated with connecting to the County's sewer and ~ater 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 ACtA iTEM DEC 1999 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. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. The development order approval request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. HISTORIC/ARCHAEOLOGICAL IMPACT: DRI projects are required as a function of the Application for Development Approval, to submit a Historic and Archaeological survey of the property. An archaeological survey, recommended by the Division of Historical Resources, Florida Department of State, and conducted at the applicant's behest, revealed the presence on the Winding Cypress property of eleven (11) previously unknown archaeological sites. The project consultant believes that all eleven sites are locally and/or regionally significant and eligible for inclusion in the National Register of Historic Places. Ten of the sites will be protected within the development's preserve areas. One site is within a designated golf course area, and will either be protected by burial beneath golf course fill, or will be excavated as impact mitigation. The consultant's recommendations and standard archaeological conditions will be included in the Development Order for Winding Cypress. As a result of these recommendations, no adverse Regional Archaeological/Historical impacts should result from the development of this project. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition DRI-99-1. The attached development order contains conditions which are consistent with the Southwest Florida Regional Planning Council's (SWFRPC) recommendations as forwarded to staff on October 22, 1999. SWFRPC RECOMMENDATION: At a meeting held on October 21, 1999, the Southwest Florida Regional Plamfing Council officially adopted the attached assessment for the "Winding Cypress" DRI. The Council's Regional findings and recommendations .qre listed on the identified pages attached to this report. Chapter 380.06(14)(c) F.S. reqt, res that thc loc~d govenm-~c:~t shall consider whether, and th,. <:xtent to ~vhich, the dex, elopntent is consistent with the report and recommendations of the regional planning agency. AGF_NDA I. DEC 1 q 1999 EAC RECOMMENDATION: The Environmental Advisory Council (EAC) heard this petition on November 3, 1999. They recommended approval as presented by staff with no additional stipulations. It should also be appreciated that the Winding Cypress PUD regulatory document is also complimented with a DRI Development Order which is as much a part of the regulations governing the development of the Winding Cypress community as the PUD document. PLANNING COMMISSION RECOMMENDATION: At a meeting held on December 2, 1999, the Planning Commission recommended approval of DRI-99-1 with no additional stipulations. ~OE. NDA ~TEM DEC 1 1999 PREPARED BY: "SUSAN MURRAY, AICP CHIEF PLANNER REVIEW/E'~ BY: RONALI~ F. NINO,'AI~, MANAGER CURRENT PLANNING SECTION //-/?_ ?5> DATE DATE ROBERT J?'MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMU,':NITY DEVELOPMENT & ENVIRON~iENTAL SVCS. Petition Nun:bet: DRI-99-01 Winding Cypress DRI This petition has been tentatively scheduled for the December 14, 1999 Board of County Commissioners Public Hearing. AG~A ITF_~ DEC 14 1999 Pg. k'~ .. Memorandum TO: FROM: DATE: SUBJECT: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION NOVEMBER 12, 1999 PETITION: DRI-99-1 WINDING CYPRESS OWNER/AGENT: Agent: Owner: Alan D. Reynolds, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Barton Collier Company Mark Morton, Company Representative 2640 Golden Gate Parkway, Suite 115 Naples, FL 34105 REQUESTED ACTION: This peti:~on >.~eks :,27,'~', al of a DRI D,:velopment Or'der pursuant to Chapter 380.06 Florida Statutes and Chapter z8-24, Florida Administrative Code (F.A.C.). GEOGRAPHIC LOCATION: The project site is located in Sections 26. 34 and 35, Township 50 South, Range 26 East and Sections 2 ,~nd 3. T,:,wnship 51 South, Range 26 East, Collier County, Florida, and is comprised of.1,928 +/- acres. It extends south from Sabal Palm Road; east of C.R. 951; north from U.S. 41 as iljustrated on the following page. DEC 1995 rrl S.R. 29 1999 PURPOSE/DESCRIPTION OF PROJECT: Winding Cypress is proposed as a residential mixed-use community of housing, recreational and neighborhood commercial facilitios. Approval of this development order will authorize the following development activities: 2. 3. 4. 2,892 Single family and multi-family residential dwelling units 30,000 Gross square feet of retail, offices and clubhouse 45 holes of golf with Clubhouse facilities Various related uses of land for water management, road right-of-way, conservation/preserves, open space and parks and recreation facilities. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL REVIEW: An impact assessment of the Winding Cypress DRI has been prepared as required by Chapter 380, Florida Statutes. The DRI assessment is largely based on information supplied in the Application for Development Approval (ADA). The ADA represents a Comprehensive Analysis of a defined number of questions required by administrative rules that identify the impact of the developmcnI upon a wide range of physical, natural, economic and social issues. The ADA in its ~ntircty including two additional sa~.ticiency responses to evaluation criteria was reviewed by all jurisdictional state agencies including the Southwest Florida Water Management District, Southwest Regional Planning Council staff, and local jurisdictional staff personnel. This process concludes with a report of the Southwest Florida Regional Planning Council's Official recommendation. These recommendations address each of the evaluation criteria required by administrative rules and Chapter 380, Florida Statutes. These include Energy, Historical 'Archaeological, Housing, Hurricane Evacuation/Flood plains, Stormwater Management, Transportation, Wastewater Management/Water Considerations. These recommendations are then included in the De,~elopment Order crafted for local approval. The recommendations were reviewed and approved by the Southwest Florida Regional Planning Council on October 21, 1999. WINDING CYPRESS DRI-DEVELOPMENT ORDER: The Development Order submitted to staff includes all of the regionally significant SWFRPC Official Recommendations. It should be appreciated that the DRI Development only addresses r~ ~;!o~'::1 impacts, however, all DRI Dcvck, pme~?. Orders a,'e concurrently processed with a rezoning application, typically in the form of a Planned Unit Development (PUD). The concun-cnt rezoning action addresses local concerns and conditions of approval. The Development Order also ties the PUD regulatory document into its applicable regulatory framework by citing the PUD as being a part of the Development Order. Therefore, with the passage ofbo~h the Development Order (DRI) and the PUD regulatory document we have de~ elopm:nt approvals spanning both regional impacts and local requirements for consistency with the GMP and LDC. It should also be noted that many regional conditions of approval also address local requirements such as environmental preservations and enhancement, transportation and stormwater management in particular. In these cases, the regional condition is all inclusive of local requirements for GMP consistency and LDC regulations. Local Development Issues - There were no outstanding local development issues discovered upon review of this petition which were not addressed within the Southwest Florida Regional Planning Council's Regional findings and recommendations. Chapter 380.06(14)(c), F.S. requires that the local government shall consider whether, and the extent to which, the development is consistent with the report and recommendations of the regional planning agency. All community facility and service providers were offered an opportunity to review the Winding Cypress ADA and to advise staff if there were any issues within their jurisdiction that required us to seek a development commitment over and above what has been provided in the ADA and the Final Development Order. STAFF RECOMMENDATION: That the Collier County Planning Commission recommends approval of Petition DRI-99-1, Winding Cypress as described by the Development Order Resolution., subject to the following: The Development Order shall be revised to incorporate the following recommendations approved by the Southwest Florida Regional Planning Council: 1. Section 5. TRANSPORTATION, B. shall be amended as follows by adding the underlined text: B. The Developer shall provide its proportionate share of costs of necessary improvements including, but not limited to, right of way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project buildout in 2008: (~) (2) (3) £4) US 41 ~ CR 951/SR 951 CR 951 .~_' SR 84 q-)avi? Blvd. CR 951 (¢ North Project Entrance CR 951 ~ South Proiect Entrance US 41 ,~'. East Project Entrance 2. Section 5. TRANSPORTATION, E. shall be amended as follows by deleting the strikethrough text: E. Based u?o~: the transportation assr sment of significant project impacts, hnprovements to the following transportation facililies shall be needed prior to, or coincident with development of tlc Winding Cypress DRI, if adopted levels of scrvice conditions are to be maintained: (~) (2) (3) I A '~ (5) US 4! ,,~ CR 95!/SR 951 CR 951 ~ SR 84 (Davis Blvd.) CR 951 ~ North Project Entrance US 41 ~ East Project Entrance 3 DEC 1~ 199~ 3. Section 5. TRANSPORTATION, H.(2) Shall be amended as follows by adding underlined text and deleting the strikethrough text: H. (2) The transportation impact to the intersections above shall be appropriately addressed consistent with SWFRPC policies, the County's concurrency management ordinance and any Local Government Development Agreement and ~ commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional roads. 4. Section 6. VEGETATION AND WILDLIFE/WETLANDS Shall be amended as follows by adding the underlined text: F__.: Prior to adoption of the Collier County Development Order the proposed draft wildlife management plan must received approval from the FFWCC with the necessary_ provisions to address the habitat needs of the Big Cypress Fox Squirrel, Florida Panther and Black Bear. G. A conservation easement shall be placed over all conservation areas. 4 DEC 1 q 1999 PREPARED BY: Y, AICP REV/IEW~ Y: RONALD F. NINoj AICP CURRENT PLANNING MANAGER DATE DATE ROB~ERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE AP~ B~': VINCENT A. CAUTERO, AICP, ADMINSTRATOR COM~MUNITY DEVE[OPMENI & ENV. SVCS DIVISION DATE Petition: DR1-99-1, Winding Cypress Staff report for the December 2, 1999 CCPC Tentatively qcheduled for the December 14, 1990 Board of County Commissioners DEC 1 q 1999 RESOLUTION NO. 99-~ DEVELOPMENT ORDER 99- . DEVELOPMENT ORDER OF THE BOARD OF COL~TY COMMISSIONERS OF COLLIER COUNTY. FLORIDA FOR WINDING CYPRESS, A DEVELOPMENT OF REGIONAL , IMPACT LOCATED IN SECTIONS 26. 34 AND 35. TOWNSHIP 50 SOUTH. RANGE 26 EAST. AND SECTIONS 2 AND 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, on September 2, 1998, Barton Collier Company, (herein "Developer"), in accordance with Subsection 380.06(6), florida Statu.te~, filed an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Winding Cypress with Collier County and Southwest Florida Regional Planning Council; and WHEREAS, Developer has obtained all necessary approvals from Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and '~,x~Ao ........... ":.~:'& Corrmtissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; and WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning Ordinance have been satisfied: and v,,~l,.,, ............. :.' :~l:.::::.:g Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on December 2, 1999; and WHEREAS, the Board of County Commissioners has passed Ordinance 99-_ on December la 1999. w)~ich rezol,cd thc s~bject property to PUD; and WHEREAS, the issuance of a Development Order pursuant to Chapter 3g0.06, ~ori~l~ Statutes, docs not constitute a waiver of any powers or fights regarding the issuance of other development permits consistent herewith by the County or State; and WHEREAS, on December 14, 1999, the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes. having considered the Application for Development Approval of a Development of Regional Impa~t submitted by Develol~ and recommendations of the SWFRPC; the record of the documentary and oral eviden to the Collier County Planning Commission; the report and recommendations of the C( Plarming Commission: the recommendations of Collier Count.',' Staffand Advisory Boards: and the record made at said hearing, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The read property which is the suVject of the ADA is legally described as set forth in ' Exhibit "A". 2. The application is consistent with Subsection 380.06(6). Florida Statutes, (1998). 3. The Developer submitted to the County an ADA and sufficiency responses, hereby referred to as composite Exhibit "B", which by reference thereto are made a part hereof to the extent that they are not inconsistent with the terms and conditions of this Order. 4. The Developer proposes development of the Winding Cypress Development of Regional Impact, as shown on the Master Plan attached hereto as Exhibit "C", and consisting of 1,928 acres, which includes: A. 2.892 residential dwelling units and a sales center on 437 acres: B. A Village Center consisting of 10,000 square feet of Gross Floor Area (GFA) of retail use, 10,000 square feet GFA of office space, and 10,000 square feet GFA of recreational facilities, in addition to a clubhouse; C. Golf Clubs. 45 holes of golf course, practice range, and maintenance facilities on 358 acres; D. 235 acres of lakes; E. 66 acres of right-of-way F. 9 acres of recreational lands; and G. 713 acres of preserves, and 88 acres of miscellaneous buffers, waterways, canal, and FP&L easements. 5. The development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06(12), Fl___orida Statute.s. 6. Ihe development will not interfere with the achievement of the objectives of the ' adopted State Land Development Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes, as amend...~ed. 9. The devel.opment is consistent with the current land development reg~lation.~n~ 2 ~ p~,._ ,/'.._.,e ._ Growth Management Plan of Collier County, as amended. 10. The development is consistent with the State Comprehensive Plan. CONCLUSIONS OF LAW NOW. THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Collier County., Florida in public meeting, duly constituted and assembled on this. the 14th day of December. 1999. that the Winding Cypress Application for Development Approval submitted by Developer is hereby ordered approved, subject to the following conditions: 1. ENERGY The Winding Cypress Development of Regional Impact will incorporate the following energy conservation features: A. Provision ora combination bicycle/pedestrian system connecting all land uses, to be placed along arterial and collector roads within the project. This system will be consistent with local government requirements. B. Provision of bicycle racks or bicycle storage facilities in recreational. commercial, and multi-fancily residential areas. ?oooeration with Collier County in the locating of bus stops, shelters, and . ~ ommodations for any future public transit system to serve the project C :~2TU3SSe:~' ' ' area. D. Developer shall encourage builders: (1) to use energy-efficient features in window design; (2) to use operable windows and ceiling fans; and (3) to install energy-efficient appliances and equipment. (4) to include porch/patio areas in residential units. E. Prohibition of deed restrictions, covenants, and design guidelines that would prevent or unnecessarily hamper energy conservation efforts. F. Reduced coverage b.~ asphalt, concrete, rock, and similar sub~'tances in sLreets. parking lots, and other areas to reduc,~ loc, al air temperatures and reflected light and heat. G. Installation of energy-efficient lighting for streets, parking areas, recreation areas, and other interior and exterior public areas. H. Use of water closets with a maximum flush of 3.5 gallons and she ~gl:2gads A.3~ZNDA ITF..,M and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure ~er 1 199! 3 inch). I. Selection of native plants, trees, and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance, and other needs. J. Planting of native shade trees/hr each residential unit. , K. Planting of native shade trees to provide reasonable shade tbr all recreation areas, streets, and parking areas. I. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. M. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of the wind. N. Provision for structural shading wherever practical when natural shading cannot be used effectively. O. Consideration by the project architectural review committee(s) of energy conservation measures (both those noted here and others) to assist builders and residents in their efforts to acmeve greater energy efficiency in the development. 2. HISTORICAL/ARCHAEOLOGICAL A. Archaeological sites 8CR786, 8CR787, 8CR788, 8CR790, 8CR791.8CR792, 8CR793, 8CR794, 8CR795, and 8CR796 within the Winding Cypress property shall be preserved in perpetuity, and sha!l be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Winding Cypress DRI. B. In areas where the sites are located in the vicinity of proposed development, a buffer or conservation easement averaging 25 feet in width, or equivalent protections, such as temporary fencing or other structural barriers, shall be preserved or constructed around the archaeological sites. Exotics removal within these areas shall be by hand labor. C. Archaeological site 8CR789 will either be protected by burial beneath golf c, ,ursc fill. or will be e ~ca~ atcd a~ impact mitigation. Final preservation or mitigation arrangemefits for this site shall be submitted to the Florida Department of State, Divsion of Historical Resources ("DHR"), the Southwest Flor/da Regional Planning Council ("SWFRPC"), and Collier Count3' for review and approval. D. The Developer shall actively seek registration of these sites in the National Register of Historic Places. E. The Developer shall cooperate with the DHR's investigation of these sites by allowing access to the archaeological sites by properly credentialed investigators, whenever such access can be reasonably accommodated. F. If any additional archaeological/historical sites are uncovered dunng the proposed development activities, all work in the immediate vicinity of such sites shall cease immediately, and the Developer shall contact DHR. SWFRPC. and Collier County so that a state- certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. G. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related *,, ~u;storical and Archaeological Sites are hereby incorporated by reference to the extent they are consistent with paragraphs A-F above. 3. HURRICANE EVACUATION/FLOODPLAINS A. All deeds to property located within the Winding Cypress DRI shall be accompanied by a disclosure statement in the form ora covenant stating that the property is located m a hume.ale ~lnerability zone, that the hurricane evacuation clearance time tbr Collier County or tSe c .... ~ .....~-, -~;.4~ ~>-,.;~- :. ,-: .~ ~',,r hurricane shelter spaces are limited. ....... .. ~ocd homeowners' association shall establish and maintain a public information program for purposes of educating the developmem's residents regarding the potential hurricane threat, the need for timely evacuation in the event of an impending hurricane, the v.,.~i*abi~tx ....:~ ~-o~,~,,, oc ~,urricane shelters, and evacuation routes, and the iaem~ficanon of steps to taxc to mwarm~ property damage and to protect human life. In order to use the above mitigation option, the Developer shall develop a continuing hurricane awareness program and a humcane evacuation plan. The humuane evacuation plan shall address and include, at a minimum, the following items: operaticnal procedures for the warning and notification of all residents and visitors prior to ~nd during a hurricane watch and v, aming period; a public awareness program which addresses vulnerability, humcane evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of hurricane shelters, and other protective actions which may be specific to the development; identificati°n °f who is resp°nsible f°r implementing the Plan;i ,o..~ 7(~_~ and other items as deemed appropriate. The plan shall be developed in coordination with local emergency management officials. In order to use this mitigation option, the final plan must be found sufficient by the reviewing agencies and must address the recommendations provided by the reviewing agencies: or ahematively, the Developer shall commit to provision of roadway capacity, requirements above and beyond those improvements required by Rule 9J-2.0255. Florida Administrative Code: or the Developer shall commit to provision of funds to be used for the purpose of procuring commumcations equipment which would upgrade the existing warning and notification capability of local emergency management officials. In order to use this mitigation option, the Developer must provide reasonable assurance from the local emergency management officials regarding the provisions ability to reduce the development's hurricane evacuation impacts. C. The Developer has provided off-site hurricane shelter mitigation for the Winding Cypress DRI by providing funds to the Collier County. Emergency Management System for window and door protection to the Oak Ridge Middle School pursuant to commitments made as a result of negotiations with Collier County officials. D. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane Preparedness), and not in conflict with the above recommendations, shall be incorporated into the Development Order as conditions for approval. 4. STORM'~ATER MANAGEMENT A. rlhe Winding Cypress development shall require a South Florida Water Management District (SFWMD) Environmental Resource Permit for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacts to onsite wetlands and other surface waters. B. The Winding Cypress Development shall require SFWMD Water Use Permits for the proposed surfae~ and/or groundwamr withdrawals for landscape irrigation and for certain dewatering activities proposed for construction of project lakes and/or road or building foundations. C. At the time of permit application, the Developer shall provide verification that the proposed system designs will meet SFWMD criteria in effect at that time. 1 4 Eo Fo The proposed surface water management system design includes the possibility of routing additional stormwater from the north through the project site in an eflbrt to restore historical flow patterns. During SF'~WID Environmental Resource Permit review processes, a detailed evaluation of concerns expressed by SF VvWID staffabout the potential for adverse impacts to the adjacent Pica~vune State Forest. and concerns expressed by the City of Marco Island regarding potential quality and quantity impacts to the City's water supply, shall occur. Prior to development of the proposed golf course, the golf course developer shall be as specific as possible in identifying to the City of Marco Island the types of turf maintenance chemicals to be utilized on that portion of the golf course development closest to the Marco Lakes raw water source, and the types and amounts of contamination which could result in these waters as a result of such chemical use. The Developer shall affirm in writing to the Chairperson of the City Council of the City of Marco Island that the Developer as well as any legal successors or assigns will not seek to restrict currently permitted City water withdrawals from the Marco Lakes borrow pits. During construction activities, the Developer shall employ best management practices for erosion and sedimentation control. These practices shall be included with or presented on all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, shall be removed upon completion of construction. Either the Developer or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion of construction. 7he final stormwatcr management plan shall consider, as applicable, measures io reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales shall be used. whenever possible, rather than closed systems. Any shoreline banks created along the onsite stormwater management system shall include littoral zones constructed on slopes consistent with SFWMD al~d Collier ? ! I County requirements and shall be planted in native emergent or submergent aquatic vegetation. K. The Developer or its successor shall conduct annual inspections of the Winding Cypress Master Stormwater Management System and the preserve4/enhanced , wetland areas on the project site so as to ensure that these areas are maintained in keeping with the final approved designs, and that the water management system is capable of accomplishing the level of stormwater storage and treatment for which it was intended. L. The Developer shall confirm to the satisfaction of all applicable federal, state, and local review agencies, and the SFWMD, that the proposed storrnwater management system will not impact habitat of any state or federally listed plant and/or animal species occurring on site, or that such impacts shall be mitigated to the benefit of regional populations of those species. M. The Developer, its successors or assigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas within the development. The Developer shall encourage any private commercial parcel owners within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. N. In areas adjacent to retail and office uses, the Developer or the individual site developers, shall provide at least one-half inch of dry pre-treatment (retention or detention); or an equivalent alternative as determined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous material will not enter the stormwater management system. O. Ditch and swale slopes shall be designed to minimize discharges so that these faci!i, des ma~ ~rovide some additiozhal water quality treatment prior to discharge. Treatment swales shall be planted with grass or appropriate native vegetation. P. The grassed stormwater treatment areas shall be mowed on a regular basis as part of the normal lagm maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of water through discharge structures and underdraln systems, shall be cleaned from the detention/retention areas on a regular basis. Any erosion to banks shall ~e repaired 8 ~ _ immediately. Q. Underdrain systems and grease baffles, if utilized within the Winding Cypress DR1. shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the per/od between such inspections exceed eighteen months. R. , Stormwater management system maintenance requirements shall include removal of any mosquito-productive nuisance plant species (e.g. water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as fi.om the lake littoral zones employed in the system. S. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Garnbusia affini~. T. All commitments made by the Developer within the ADA and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation and Wildlife), Question 13 (Wetlands), Question 14 (Water), '-'"'~'~ '' ":', "h~estion 16 (Floodplains), Question 19 (Stormwater .= ......................... c: with the above recommendations, are hereby incorporated by reference. TRANSPORTATION A. The Develo,~e- ~ :'~ ~,eee~o? or assigns shall be fully responsible for site related roadway aha intersecuon n'nprovements required within the Winding Cypress DRI, including project access points on CR 951 and US 41. B. The Developer shall provide its proportionate share of the costs of necessary improvements including, but not limited to, right of way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted level o f service of the following significantly impacted intersections through DR/project buildout in 2008: (1) (2) (3) (4) IJS 41 at CR951/SR 951 CR 951 at SR 84/Davis Blvd. CR 951 at North Project Entrance CR 951 at South Project Entrance 15) US; 41 at East Project Entrance C. Improvements to the facilities outlined in condition 5. B. above, shall be made at the time that the intersection is expected to operate at worse than the level of service standard adopted in the Collier County Comprehensive Plan or shall be programmed , for construction within three years of that time. No building permits for Phase 2 of this project shall be issued unless the improvements are: a) complete, b) under construction, c) the subject of a clearly identified, executed and recorded local government development agreement consistent with Sec. 163.3220 through 163.3243, F.S., ensuring completion concurrent with the impacts of development; d) the subject of a binding commitment from Collier County, ensuring completion concurrent with the impacts of development; e) the subject of a binding commitment by the County in the current three years of the Capital Improvements Element: or f) the subject of a binding and enforceable commitment by the Developer to provide the improvement concurrent with the impacts of development. Any combination of the above which ensures the improvement to the facility is also acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the intent of the transportation uniform standards rule. As an alternative to this requirement, the Developer may pay a "proportionate share contribution", calculated consistent with the formula in Paragraph 9J-2.045 (1) (h), F.A.C.. to Collier c'~,,m~v for this improvement The proportionate share payment shall only be applied to the ...... ,,,ate construcUon of one or more improvements to regional facilities significantly impacted by the Winding Cypress DRI. A portion or the entirety of the Developer's proportionate share contribution may be provided through the Developer's p~yment of Collier County ro~l imtmct fees. No building permits for Phase 2 shall be issued unless the proportionate share payment and a commiunent to ase thc payment for the construction of a needed improvement, in accordance with tho options listed in the paragraph above are received by the County. ,any delay or change ofth~ proportionate share payment shall require a remmlysis of the payment amount in a Notice of Proposed Change. D. To determine the project impact on regional facilities, an annual monitoring report shall be submitted to Collier County, Florida Department of Transportation, Florida Department of Community Affairs, and SWFRPC for review and approval. The fn'st l0 monitoring report shall be submitted one year after the recorded date of the approval of the Development Order for the Winding Cypress DRI. Successive reports shall be submitted annually thereafter until buildout of the project. At a minimum, the report shall contain a summary, of construction and development activities to date, in the categories of development as recorded in the Development Order. In addition, the report shall contain p.m. peak hour trip generation estimates and turning improvements at each of the project's access points and the off-site intersections listed in paragraph B above. The report shall also provide a calculation of the existing level of service at the projects access points and the facilities listed in paragraph B above. Finally, an estimate of the level of development expected to be added by the project for the forthcoming year will be provided. The monitoring report shall identify the status of the road improvements assumed to be committed and address any deviations fi.om the identified schedule. Go The Developer shall promote efficient pedestrian and bicycle movement within and between the development's components, and to adiacent properties as deemed necessary by Collier County. ,- shall promote transit service through the inclusion of bus stops or ,~a:,: 4;: 4,hate transit access points in site design, consistent with Collier County transit plans. The Developer may select one or more of the options listed in paragraph C above to the extent that options provide adequate commitments for improvements indicated above to significantly impacted regional roadways and intersections. Whatever options are exercised, however, shall be done with the understanding that the following conditions shall be met: (1) If annual monitoring reports lead to the conclusion that one or more of the regional intersections are operating at worSe than the adopted level of service and the project is contributing more than 5% of the adopted level of service capacity, then further building permits and certificates of occupancy shall not be granted until the smd,ads of the County's Concurrency Management System have been met. (2) The transportation impact to the interSections identified in paragraph B above, shall be appropriately addressed consistent with ~the C6un~y~'~',Tt/f \ £ i Concurrency Management Ordinance and any Local Government Development Agreement or commitment by the Developer and/or the local government to insure concurrency on all significantly impacted regional roads and intersections. 6. '~'EGETATION AND WILDLIFE/WETLANDS A. The need for wildlife crossings and fencing designs for roadways crossings of the preserve areas shall be reviewed in coordination with the Florida Fish and Wildlife Conservation Commission ("FFWCC") as part of the ERP permit process. B. Review of State listed species and habitat impacts/mitigation shall be addressed in coordination with FFWCC during the ERP permit process based on specific site plan details. At a minimum, the draft 700-~:Acre Preserve Area Wildlife/Habitat Management Plan submitted on June 13, 1999, shall be implemented for the preserve area. C. A minimum of 713 acres of wetland and upland enhancement preserve area shall remain in conservation areas post development; a conservation easement shall be placed over all conservation areas. D. Native landscaping shall be used to the greatest extent practical. The Project will meet the cr/teria of Section 2.4.41 of the Collier County Land Development Code which requires 75% of the required trees and 50% of the required shrubs to be native plants. E. Impacts m any gopher tortoise burrows shall be handled through the FFWCC Take and/or Relocation Permit process. 7. WASTEWATER MANAGEMeNT/WATER SUPPLY A. The project shall require a South Florida Water Management District water use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The project may also require permits for irrigation well construction and for dewatering activities associated with the construction of lakes, roads and building foundations. B. The project shall utilize ultra-low volume water use plumbing fmtures, self-closing and/or metered water faucets. The devices and methods shall meet the criteria outlined in the water conservation plan of the public water supply permit issued to Collier County Utilities Department by the South Florida Water Management District. 12 South Florida Water Management District stafI-s estimate of the non-potable water use (irrigation) exceeds that of the Developer 12.640.000 gallons per day versus 2,500.000 gallons per day). At the time of the water use permit application for the DRI. the Developer will be required to provide a revised estimate for non-potable water use. South Florida Water Management District may require a cumulative impact model upon permit application. This model shall include withdrawals from surface water, the surficial aquifer, and the Lower Tamiami aquifer by all existing legal users in the vicinity of the Winding Cypress Development. The application shall include all related input and output files. This model will be used to determine potential adverse impacts to the safe yield of each source, existing legal users, legal domestic users, the lateral migration of the saline water surface, potential impacts to existing wetlands, and possible sources of pollution. The project shall obtain potable water, wastewater treatment and, eventually non- potable water, from the Collier County Utilities Department, if Collier County ,~ ........... ..... ~'~ mf'ficient capacity to serve the project. Should the Collier ....................... ae that it does not have sufficient capacity to serve the project, the Developer shall either construct interim potable water, wastewater treatment and/or non-potable water facilities, or shall postpone development until such time a< t~':- r~'!lier County Utilities Deparanent's service capacity is available to the project. Any interim faciliti~ constructed by the Developer shall be constructed to Collier County Utilities Department Standards, and shall be dismantled, at the Developer's expen.~, upon connection to the Collier County Utilities Deparlment facilities. Whether potable water, wastewater treatment and~or non-potable wat,r facilities ar~ providod onsit~ or offsite, the Developer shall demousuate to Collier County that adequate capaciD' is available at the time of final plan submitlal. As the Winding Cypress DRI intends to utiliz~ treated effluent for irrigation, the Developer shall ensure that any onsite lakes, preserved or created wetlands, and the stormwater management system are ad~luat~ly buffered as may be required by regulatory agencies. ~ G. Temporary septic systems may be utilized in conjunction with construction and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite. other than for construction and sales offices, model homes and rest shelters. All temporary, septic systems shall be properly abandoned and/or removed by a licensed , septic system firm at the time when permanent or interim wastewater treatment facilities come online. H. All construction plans, technical specifications and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, shall be reviewed and approved by the Collier County Utilities Department prior to commencement of construction. I. All potable water facilities, including any possible onsite potable water treatment plants, shall be properly sized to supply average and peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate agency having jurisdiction. J. The lowest quality of water available and acceptable shall be utilized for all non- potable water uses. All commitments made by the Developer, within the ADA and subsequent sufficiency round information, related to Question l 0 (General Project Description), Question 14 (Water), Question 17 (Water Supply), and Question lit (Wastewater Management), and not in conflict with the above recommendations are incorporated as conditions of approval for the Winding Cypress DRI. POLICE AND FIRE PROTECTION. A. The Developer shall meet with the Sheriff's Department to establish programs and incorporate crime prevention measures during each phase of the site development process. B. Fire protection shall be provided according to existing standards or fire flow criteria promulgated by Collier County or recommended guidelines developed by the National Fire Protection Association. C. Facilities qualifying under the Superfund Amendments Reauthorization Act, Title III of 1986, and the Florida HaTardous Materials Emergency Response and Community R~zht to Know Act of 1988, shall file hazardous materials reportmg~-l~lic~aKon?~'_; ~ ~( accordance with Sections 302.303. 304.311.312. or 313 thereof. Applications shall be updated annually by each reporting facility. 9. SOLID/HAZARDOUS/MEDICAL WASTE A. The Developer shall incorporate the solid waste demands of the pro)ect into the county, solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume with practices such as conservation, recycling, trash compaction, and mechanical shredding. B. Any business located within the Winding Cypress DRI, which generates hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 1%730.030, Florida Administrative Code), shall be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such businesses. However, there shall be no siting of hazardous waste storage facilities contrary to Collier County Zoning Regulations. C. The Project shall be bound by all applicable recycling requirements effective in Collier County at the time of the development. D. Areas within buildings where hazardous materials or waste are to be used, disvlayed, handled, generated or stored shall be constructed with impervious floors, with adequate - ,mpervious holding facilities which are adequate to contain and safely facilitate cleanup of any spill, leakage, or contaminated water. E. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 10. CONSISTgNCY WITH THE LOCAL COMPREHENSIVE PLAN Collier County has determined that the Winding Cypress DRI project is consistent with the Collier County Comprehensive Plan and that the project's phasing is consistent with the County's Concurrency Management System relative to public facilities necessary to support the project. I 1. P~D DOCUMENT There is a PLrD docLunent (Ordinance 99-__) approved by the Collier County Board 6f County Commissioners on.December 14, 1999, which also governs the Winding Cypress DRI. The Developer acknowledges that the conditions and commitments of the pLTD Document also govern the development and use of property within Winding Cypress, even though the PUD document (Ordinance 99-__) is specifically not made a part of this Development Order. 12. GENERAL CONSIDERATIONS A.. .\11 commitments and impact mitigating actions provided by the Developer within the Application for Development Approval ~and supplementaD/documents) that are not in conflict with specific conditions for project approval outlined above are officially adopted as conditions for approval. B. The Developer shall submit an annual report on this Development of Regional Impact to Collier County, the Southwest Florida Regional Planning Council. the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(18). Florida. Statutes. C. The development phasing schedule presented within the ADA and as adjusted to date of Development Order approval shall be incorporated as a condition of approval. If Development Order conditions and Developer commitments incorporated within the Development Order. ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the Development Order and this t~hasing schedule, then this .~hall be presumed to be a subsTar~tial deviation :'or tile affected regional issue. D. If Collier County, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist form contained in Appendix IV to the SWFRPC's official recommendations for the Winding Cypress DILl si'mil be used as a guide by Collier County in determimng additional substantial regional impacts. E. Pum~t to Chapter 380.06(16), the Developer may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the Developer is also subject to Collier County ordinances requiring impa,~t fees or ex~fions to meet the same needs. Cbllier County and the Developer may enter into a capital contribution front, ending agreement to reimburse the Developer for voluntary contributions in excess of the fair share contribution. F. This Development Order states the land uses approved in gross square feet, acreage and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651, Florida Statutes. BE IT FURTHER RESOLVED by the Board of County. Commissio~ ~'~oof~onier ,, County. Florida. that: 1. The Community Development Director shall be the local official responsible for assuring compliance with the Development Order. 2. This Development Order shall remain in effect ~br fifteen (15) years from the date of adoption. 3. The definitions contained in Chapter 380, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes., this project is exempt from doWn- zoning or intensity or density reduction for a period of ten (10) years from the date of adoption of the Development Order, subject to the conditions and limitations of said Subsection of the Florida Statutes. 5. The Developer, or its successor(s) in title to the subject property shall submit a report annuqllv o,,,~menc~no ~,,,~. ,'ear from the effective date of this Development Order. to the ou,au ....... 3 ............... :"; , Collier County. the Southwest Florida Regional Planning Council, and the Department of Community Affairs. This report shall contain the information required in Section 9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the annual report shall be governed by Subsection 380.06(18), _F!grida Statutes, 6. · ...... ~-'e~+ ~,ermits shall not require further review pursuant to ~ecuon 31su. Oo, v~orma ~tatm¢~, unless ~t is found by the Board of County Commissioners of Collier County, al%r due notice and hearing, that one or more of the following is present. Upon a finding that one or more of the following is present, the Bo~l of County Commissioners of Collier Coun~ may take any action authorized by Chapter 380.06(19). Florida Statutes, pending issuance of an amended development order: A. ,~ substantial deviation from ~e terms or conditions of this Development Order, a substantial deviation to the project development phasing schedule, a failure to carry out conditiom~, comments or mitigation measures to the extent or in accord with the timing schedules specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved developmem plans which create a reasona)!e i pact~ ~vhich likelihood of additional regional impacts or other types of regional ~n ,,... ! -- - -x\ 10. 12. 13. were not previously reviewed by the Southwest Florida Regional Planning Council: or B. .An expiration of the period of effectiveness of this Development Order as provided herein: or C. , If the local government, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the Development Order have occurred or that the Development Order was based on substantially inaccurate information provided by the Developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining addition substantial regional impacts. ~he approval granted by this Development Order is limited. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local, state or federal permitting procedures. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. Appropriate conditions and commitments contained herein may be assigned to or assumed , y a Commumty Development District formed pursuant to Chapter 190, Florida Statutes. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner, affect the remaining portions of this Order which shall remain in full force and effect. I'his Order shall be binding upon the County and the Developer, their assignees or successors in interest. This Development Order shall become effective as provided by law. Certified copies of this Order shall be provided to the Department of Community Affairs and the Southwest Florida Regional Planning Council as provided in Subsection 18 ! Commissioner Commissioner AYES: NAYS: ABSENT AND NOT VOTING: DONE AND ORDERED this 14th day of December, 1999. offered the Resolution and moved its adoption, seconded bx' and upon roll call the vote was: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Pamela S. Mac'Kie Chairwoman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 3.9 Exhibit "A" Exhibit "B" Exhibit "C"' LIST OF EXHIBITS YVINDING CYPRESS DRI DEVELOPMENT ORDER Legal Description ADA and SufficiencJes (by reference) Master Plan F :~a~.~\ V alane\wpSXwindin~ c'ypn~ (1940 acrm)'~mi~:'~DRAFT 2.w~d 20 WilspnMiiler Exhibit "A" Description of Pm't of Sect~m.s 26, 34 and 35 of Towaskip 50 South, Range 26 East, and Sections 2 and 3 of Town.nhip $1 South, Range26 East (PARCELS ~A' and 'B'9 All 0f S~;tion 26, Township 50 South. Range 26 Ea_,'t, Collier County, Florida; less and except the north 30.00 feet (for road fight-of-way) and the west 100' (for canal right-of-way) there,'om; AND ALSO All of Section 35, To~ip 50 South, Range 26 East, Collier County, Florida, less and except the west 60.00 feet (for canal right-of-way); AND ALSO Part of Sectiun 34, Township 50 South, Range 26 ~ Collier County, FIc~da; AND ALSO Part of Section 2 Township 51 South, Range 26 Mast, Collier County, Florida; AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida: Bain§ more particularly describes as follows: PARCEL "A": BEGfN"NING at the Southeast comer of Section 2, Township 51 South, Range 26 EasL Collier County, Florida; uhence along thc sou~% line of said Section 2 North 87001'52" West 2718.04 feet to the South Quarter Comer ofaaid Section 2; thence continuing along said line North 89.27' 14" West 234.04 feet; thence lexvin~t said line North 54°21 '33"_ ?est.3802,35 feet; ............. thence North 20°14'55" East 2036.85 feet; thence North 69°45'05" Wes~ 45.00 feet; thence South 89°15' 14" East 60.00 feet to · point on a line lying 60 feet east of lbo West Line of said Section 2; three along said line thence North 00°44'46'' East 1350.52 feet to a point en the North Line of Section 2, said peim on a line lying 60 East of the West Line of said Section 35; thence along said line North 00°50'06" East 26143.6 feet; thence continuing along said line No~h 00°52'55" East 2619.36 feet to · point au the North Line of said Section 35; thence along said line South 89"33'56" East 40.00; thcn~, ~eavLng r~;t ILnc North 00050'24" F. ast 26~311; ~henc~ No,~'J~ 00%0' 18" qa~t 20¢ L59 feet to a point on th~ Southealy Right of Way line of Sabal Palm Road: thence a~ong said Right of Way line 89°37'40'' East 2541.91 feet; thence continuing along said line South 89~37'48'' East 26423.9 f:e~ to n point on :he East line ofsaid Section 26; thence along the East Linc of said Section 26 South 00°14'32'' 13~t 2606.87 icet to the East Qua~er Comer of said Section 26; thence continuing along said line South 00015' 12" East 2636.82 feet to the Southeast Comer of sand Section 26; thence along the East Line ofsaid Section 35 South 00'24'51" West 26383.6 feet to the East Quarter Comer of said Section 35; thence continuing along said line South 00~23'49'' West 2637.99 feel to the Southeast Corner of said Section 35; thence along the East Line of said Section 2 South 00°41 '03" West 2801.67 feet to the East Quarter Comer of sand Section 2; thence continuing aJong said line South 00°4 i '05" West 2750.09 to the Southeast Comer of said Section 2 and the POINT OF BEGINNING of the parcel heroin described (PARCEL "A"); Parcel Contains 1922.5 acres more or less. Subjec~ to easements, resu-ictions and reservations of record. Bearings are based on the east line of the south half of Section 2 being 5outh 02°41'05" West. PAGE I OF 2 .Z~ ~adey Lan~, ,~/te 2'O0 Nap/e.% FIo~'/da 3410~-~7 941-~9-4040 ~ 941-643-5716{ Wt~l. ~la~uwlllwr. cam WZl nMiller Description of Pa~ of Sections 26, 34 an· 15 ef To.reship 20 Sou~, Range 26 ~ and Sectiem 2 and 3 of Town~ip 21 So.h, Raage 26 Ea~ C. oU~' CmmtT, FIo~da. ALSO INCLUDING THE FOLLOWING: PARCEL "B": COMMENCING at d~e Southwest Corner of said Section 26; thence along the West Line of said Section 35 South 00052'55' We~t 674.12 feet; thence leaving said line North 89007'05'' West 40.00 feet to n point on a line 40 feet west of the West Line of Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B"); thence along said line South 00°52'$5" West 1 ! 10.23 feet; thence leaving said line North 89~07'05" West 539.68 feet; tho·ce North 35°39'05" East 175.97 feet; thence northeasterly 1066.66 feet ·long the a~c of· tangential circul~ curve concave to thc northwest having a radius of 2694.93 feet duough · cenl~d angle of 20°36'46" subtended by · chord which bears North 25~20'42" East 1060.92 feet Io the POINT OF BEGINNING of the panel herein descn'bed (PARCEL "n"). Parcel Contain~ 5.7 acres more or leas. Subject to ea.~mcnts, restrictions and reservation~ of recorcL Bearings ~re based on the r. ast line of the south half of Section 2 being South 02°41'05" West Total parcel contains 1928.2 acres W1LSCN', MII..LEE~ BARTON & PEEK, INC. RegtSt~red En&ine~s and Land Surv~-yors Certificate o£·u~borization #LB-43. Michael H. Max-w¢II/~SM 4650 Not Valid tmle, ss embossed with the Professional's seal. Ref. IGG-18 ~/.O.: N'~522 -007-003-MABS2 l~atc: June ~5, :97 PAGE 2 OF 2 i J! J' j: ,, II il, DEVELOPMENT OF REGIONAL .~MPAC~ ASSESSMENT FOR WINDING CYP~SS 9-9798-t4~3 SWFRPC'S OFFICIAL RECOMMENDATIONS OCTOBER 1999 Southwest Florida Regional Planning Council 4980 Bayline Drive, N. Fort Myers, Florida SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL MEMBERSHIP CHAIRMAN .......... Mr. John C. Urban, Jr. VICE CHAIRMAN .......... Commissioner Adam Cummings SECRETARY .......... Ms. Nancy Shore TREASURER .......... Commissioner John Manning CHARLOTTE COUNTY COLLIER COUNTY Commissioner Mac Horton Commissioner fixtam Cumm~g~ CmmcJAor Marity'n Smith (vacant) (vacant) Commissioner Timothy J, Constantine Commissi~ter ~l~m C..Nums Councilman John Nocera Mr, Richard L. Klaas Mr. Robert L. Duane GLADES COUNTY HENDRY COUNTY Commissioner Kenneth S. Jones Commissioner Robert Giesler Councilman Stephen Taylor Ms. Nancy Shore Commissioner Ann Fussell-Thomas Commissioner Charles M. Martinez Commissioner M. Franldyn Jones Mr. Henry L. Bennett LEE COUNTY SARASOTA COUNTY Commissioner John Manning Commissioner John Albion Councilman Larry Murphy Councilor Nola Theiss Councilman Mike Flanders Mayor Ray Murphy Rev. Israel Suarez Mr. Carl B. sm.t~s Commissioner Robert Anderson Commissioner Nora Patterson Commissioner Rue Berryman Councilor Viringia Warren Mr. John C. Urban, Jr. (vacant) EX-OFFICIO MEMBERS Mr. Chip Merriam, SFWMD Mr. Norm Feder, FDOT Ms. Janet Watermeier, Lee County Economic Development Mr. Robert Cantrell, FDEP Mr. Steve Minnis, SWFWMD SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL STAFF WAYNE E. DALTRY .......... EXECUTIVE DIRECTOR DAVID Y. BURR .......... PLANNING DIRECTOR DAVID E. BRUNER ........ LEGAL COUNSEL Glen H. Ahlert Patti Armbmster Rick Carpenter Dorothy Cook Nancy D'Alessandro John L. Gibbons Susan Gill Nichole Gwinnett Glemn E. Heath Ken Heathermgton Deborah A. Holly Tiffany Lutterman David Moldal Xiaodan "Dawn" Qiu Brian Raimondo Jock Robertson Deanne Robison Damelle Rosenthal Julia B. Savage Jennifer Stein Daniel L. Trcscott Melissa Upton Timothy Walker PRIMARY STAFF FOR WINDING CYPRESS DRI REVIEW Coordinator- Daniel L. Trescott Policy Plan - Daniel L. Treseott Hi~oricat and Archaeological Sites, Stormwater Manag~ and Was~ewa~-r Managemen~0Va~er Supply - Glenn Heath .Hurricane Evacuation/Floodplains, Fire and Police Protection and Solid, Hazardous and Medical Waste - John Gibbons TABLE OF CONTENTS Page Introduction ..................................................................................................... i Applicant Information and Developmem Summary ..................................................... ii Masmr Development Plan .................................................................................... v Regional Recommendations ................................................................................... i L~a! R~ommendations .................................................................................... t8 Appendices: Staff Reports and Support Data .......................................................... 20 A. Energy ................................................................................................. I-A-1 B. Historical and Archaeological Sites .............................................................. I-B-1 C. Hurricane Preparedness ............................................................................ I-C-1 D. Stormwater Management ........................................ · ................................... I-D4 E. Transportation ........................................................................................ I-E-1 F. Vegetation and Wildlife/Wetlands ................................................................ I-F-1 G. Wastewater Management/Water Supply ......................................................... I-G-1 H. Consistency with the Local Comprehensive Plan .............................................. I-H-1 I. Consistency with Strategic Regional ?olicy Plan ................................................ i-I-i Appendix II: Local Issues Analysis A. Fire and Police Protection ......................................................................... II-A-1 B. Solid, Hazardous and Medical Waste ........................................................... II-B-1 Appendix III: Draft Development Order .............................................................. III-1 Appendix IV: Substantial Deviation Monitoring Form ............................................. IV-1 ~-ppendix ¥: $outhFtorida ~Vmer. Mvmngemen~ Di$1,fiet Commems ............................... V-! Appendix VI: Florida Fish and Wildiifc Conservation Commission Comments ................ VI-1 Appendix VII: Department of State, Division of Hismrica! Resources ......................... VII-1 Southwest Florida Regional Planning Council 4980 Bayline Drive, 4th Floor, N. Fi. Myers, FL 33917'3909 (941) 656-77.20 P.O. Box 3455, N. Ft Myers, FL 33918-3455 sL'~cOM 749-~ ~0 941-6~%6- ~ ~ 24 FAX October 22, 1999 The Honorable Pamela Mac'kie Collier County 3301 East Tamiami Trail Naples, FL 34112 RE: "Winding Cypress" DRI Application for Development Approval, DRI # 9-9798-145 Dear Chairperson Mac'kie: The purpose of this letter is to notify Collier County that the Southwest Florida Regional Planning Council has officially adopted the enclosed assessment for the '~/inding Cypress" Development of Regional Impact. Copies of the official assessment are being transmitted to Collier County, the Florida Department of Community Affairs, and the Florida Department of Transportation, South Florida Water .Management District,-the Department of Environmental Regulation and the applicant. The officially adopted assessment is intended to assist Collier County in reaching a decision regarding this Development of Regional Impact. The Council's Regional findings and recommendations are listed on the gold pages of this assessment, pages 1-18. Chapter 380.06(14)(c), F.S. requires that'the local government shall consider whether, and the extent to which, the development is consistent with the report and recommendations of the regional planning agency. The Council realizes that many of the recommendations outlined in this report are specific, however, the Council also realizes that decisions of how the outlined regional impacts are to be specifJcalJy~dressed Jn _the_Development Order is within the jurisdiction of Collier County. The Council understands that the Collier County Public Hearing for '~Ninding Cypress" has been set for December 14, 1999. Chapter 380.06, Florida Statutes, requires that local govemments render a decision on Developments of Regional Impact within thirty days after the DRI public headng is held. Copies of any "Development Order" or permits issues to the applicant by Collier County regarding this project must be provided to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs. {Prir~ted on Recycled Paper INTRODUCTION The 1,928 acre Winding Cypress Development of Regional Impact (DRI) is located in unincorporated south Collier County near the intersection of S.R. 951 and U.S. 41 (see Location Map). The Winding Cypress DRI has proposed construction of 2,892 residential units (391 single family units, attached and detached villas and coach homes) (2,501 multi-family units, garden and mid-rise condominiums) and a 30,000 square foot village center on 22 acres containing 10.000 square feet of retail, 10,000 square feet of office and 10,000 square feet of recreational. The ccamatty located Village Center which will provide convenience neighborhood goods and services ~.v a,es~de,.ns, ~as avell ~as addirlonal m~ring and activin' ~rc-,cnm facilities. The DRI will also include 45 holes of golf, 469 acres recreation, open space, golf and buffers including golf c!ub and sales center site, 713 acres of preservationJen.hancement areas, 235 acres of lakes an&66 acres of right-of-way (see Master Development Plan). The proposed watcr management system will attempt to enhance the hyproper/od of the onsite wetlands and will help with timely release to the CR 951 canal and thus to Rookery Bay Aquatic Preserve or bypass through the US 41 canal east to the county's regional spreader swale system eventually through the Fiddler's Creek DR!_ Was!e,,v_aLer ~re_m. ment and water supply will be provided by Collier County Utilities. The project is planned to be constructed in two four-year phases, with project buildout in 2008. The impact assessmem for Winding Cypress DRI/ADA has been prepared by the Southwest Florida Regional Planning Council as required by Chapter 380.06, Florida Statutes. The DRI assessment is largely based on h.fo .... anon supplied in the ADA. Additional inforrnation was obtained by contacting local officials, consulting official plans, and by reviewing reports related to specific issues in the impact assessment. The South Florida Water Management District reviewed water-related elements. The Florida Department of Transportation reviewed the transportation element. The Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife reviewed the vegetation and wildlife elemems. The Department of State, Division vi' Historical Resources, reviewed the Historical and Archaeological Sites. The Council staff assessment is divided into regional and local issues. The regional issues are those that affect more than one county. Recommendations made by the staff regarding these issues are formal conditions to be included by the local government in any Development Order that is issued. In contrast, the local issues are those that affect only a particular county. Accordingly, the Council staff's local objective is to highlight the crucial local issues and suggest remedial actions to be incorporated into a Development Order, should the local government decide to approve the project. ~~endations _~ .im~3~ to _a_~sist Col~r ~mty jn y~aching its decision regarAing the proposed development. The r~ommendations ~e not intended to foreclose or abridge the legal .... ane/hiN~, ofloc~ gove~ent to act pursuit to applicable local laws and ordinances. Copies of ~y "Development Order" (~ order grating, denying, or ~ting ~ conditions ~ Application for Development pe~it) issued with reg~d to the proposed development shall be ~smi~ed lo lhe Southwest Flori~ Region~ Pl~ing Council and the Florida Dep~ment of Co~uni~ Affairs. APPLICANT INFORMATION AND DEVELOPMENT SUMMARY APPLICANT INFORMATION Project Name Applicant Date on which DRI/ADA was officially accepted Date on which DRI/ADA was found sufficient County DRI Hearing Date Date County Notified SWFRPC of Public Hearing Type of Development Location of Development DRI Threshold Development Summary Residential, Retail and Office Total Acres Estimated Average Potable Water Demand Including Wastewater (million gallons per day) Estimatexl Average Non,potable Water Demand (millicm gallons per day) Project Construction Period Winding Cypress Barton Collier Company Mad( Motion, C~y Rep. 2640 Golden Gate Parkway Suite 115 Napies, Florida 34105 (941) 262-2600 September 2, 1998 August 4, 1999 December i4, 1999 September 20, 1999 Residential and Retail & Office (In Village Center) Collier County 1,000 units, 400,000 sq.ft, of retail and 300,000 sq.ft, of office 2,892 units (391 single family and 2,501 multi-family), 10,000 sq.ft retail, 10,000 sq.ft, of office, 10,000 sq.ft, of recreational 1,928 acres .778 mgd 2.5 mgd 9 years -ii- kSARASOTA CO, CHARLOTTE CO. LEE COUNTY ,!~ SITE SWFRPC. 19g8--RNC GLADES COUNTY LA K£ ?OKEECHOBE£ HENDRY COUNTY COLLIER COUNTY GENERAL LOCATION MAP WINDING CYPRESS SOUTHWEST FLORIDA REGION iii L.OCATION IdAP W~NDING CYPRESS PREPARED r-OR= BAflRON COLI. JER COMPANY 'iv oo oo oo :i /// / WILSON · MILLER SWFRPC'S OFFICIAL RECOMMENDATIONS SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S -RF ONAL iT iS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL FLANNP~/G ~'NC~ THAT THE APPL/CATION IK~R DE~~ ~VAL AS AMENDED BY THE SUFFICIENCY REPORTS DATED JANUARY 22, ~99~ AND JUNE ll, Yin-BE APPROVI~J~ S~ TO~ ~.~ OI~1]~ CO~I~ONS: :ENERGY~Refer to Appendix t, Section Tt'~ ~.~?~'~ pmj eot will be rlectric, al ly~~ ..~rilLincrease the energy demands :in the region. The applicant has committ~xl in the ADA to a variety of conservation measures Io betp reduc~ the energy impact of the projec-L Any DRI Develolmxm~ Order issued by Collier County shall contain a provision that the applicant's commitments for energy conservation is adopted where appropriate for this project. 2. HISTORICAL AND ARCHAEOLOGICAL SITES (Refer to Appendix I, Section B) Aa archaeological survey,-recommended by the Division of ttistoricat Resources, Florida Department of State, and conducted at the applicant's behest, revealed the presence on the Winding Cypress property of eleven (11) previously unknown archaeological sites. The project consultant believes that all eleven sites are locaflly and/or regionally significant and eligible for inclusion in the National Register of Historic Places. Ten of the sites will be protected withinthe development's preserve areas. One site, the Citrus Can~ Site ($CR789) is within a designated golf course area,'and will either be protected by burial beneath golf cours~ fill, or will be excavated as impact mitigation. The Palmetto Mound Site (8CR792) may be a Formative Period (roughly 500 B.C. to A.D. 500) burial mound. The Frogchorus Lithic Site (8CR793) appears to be a lithic (stone tool) scatter site from the Mid-Archaic Period (roughly 5,000 B.C. to 2,000 B.C.). The Frog~horus Lithic Site may ~present the southernmost evidence of human occupation of Southwest Florida for the Mid-Archaic Period. The applicant has committed to either preserving intact, or allowi _ng proper investigation of, all of the sites. The Division of Historical Resources has expressed mound). The consultant's recommendations and standard archaeological conditions are rec, c~_ ~ for inclusion in ~i~ Collar Coumy Developnma Or~r for th~ Winding Cypress Development. If these recommendations are included in the Development Order no adverse R~gionat Archae, ological/Historical impac~ ahould result from development of this'project. 1 AGENDA rTE.M - , DEC 1 1999 Any Development Order i~ued by Collier Ommty flaall contain the following provi~ons: Archaeological sit~s 8CR786, 8CR787, 8CR788, 8CR790, gCR79t, gCR792, $CR'~, ~_.R,~.4, ~"R~5, ard ~ ~ ~~ W'mdiag ~ ~. ~.a!! be pveaerv~! in perpealiW and shall be recorded as '~erve" on all appropriam T'neBarron Collier Company ~all aelively ~ regi~on tff~laese s~tes-~n ~ National Register of Historic Place. In areas ~vhere the sites ~re toeated in the vicinity of proposed development, a 25-foot-wide buffer or conservation easement ~h~lt ~e preserver around the am~. ~-~-ml ~ or mitigation arrangements for ~he Cilxus Cmnp Site (8CR789) shall be stfimaitted to ~he Florida De~nt of State, Division of ~ Resourc~ the Southwest Florida Regional Planning Council and Collier County, for review and approval. bo All of the identified sites within the Winding Cypre~ property appear to deserve further investigation. In particular, the Frogehorus Lithie Site (8CR793), with potential significance in regard to human settlement in Southwest Florida, should be investigated by State-approved archaeological investigators at the earliest po~sibte date. The applicant shall cooperate with the State Division of Historical Resources, Florida Department of State, by allowing access to the archaeological sites by properly credentiated investigators, whenever such ~ can be reasonably accommodated. Co In view of the large number ofamhaeological sites identified on the Winding Cypress property, a likelihood exists of additional sites being identified on the property. If any additional archaeological/historical sites, are uncovered during the proposed development activities, all work in the immediate vicinity of Such sites shall cease immediately. The Applicant .shall immediately contact the Florida Department of State, Division of Historical Resources, the Southwest Florida Regional Planning Council and Collier County so that a State-certified archaeologist can determine the significance of the findings and recommend appropriate preservation and mitigation actions, as necessary. d. All exmamitments made by the Applicant within the ADA anti subsequent sulliciency not in conflict with the above recommendations, shall be incorporaled as conditions for approval. 2 DEC 1 lggg ,HURRICANE EVACUATION/FLOODPLAINS, {Refer to Appendix I~ Section C) Tbe W'mding ~ DRI is toeated in an m~a~bjeet to ~mn sml~ flooding in Cat~ory 1, 2, ~md 3 h~. Tho~ ~i~ts of Winding Cyprus ehoos~_g ~ ~ will utilize County Ro~ 951, U.S. Highway 41, or 1-75. B~xi oa the ~ dennmd analysis, a lllaxjmum of I,~P~ ~ wollld ~ to be ~vllP~lllll~ ~ tl C_-St_e~gOIy 3 8tol'm event. Because ~e project will not have onsite hurricane shelter, ~e Collier County Emergency o r-site of FAC ' - -R~C-'O~ATIONS Any Development Order issued by Collier County shall contain the following provisions: a. All deeds to property located within Winding Cypress shall be accompanied by a disclo~,~xe statement in the form., of a covenant stating that the property is located in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Coiiier County c~ Ge SouOv0frest Fica"ida Region is t'dgh, m~i/or l'mrri~e sh~ spaces are limited. bo Mitigation for hurricane evacuation route impacts shall be through implement_~_'_on of one of the following provisions. 1) Provision for the establishment and maintenance of a public information educating the development's residents regarding the potential hurricane threat; the need for timely evacuation in the event of an impending hurricane; the availability and location of hurricane sl~elters; and the identification of steps to minimize property damage and to protect human life. In order to use the above mitigation option, the developer shall develop a continuing hurricane awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall _a_ddress and include, at a minimum, the following items: operational procedures for the warning and notification of all residents and visitors prior to and during a hurricane watch and warning period; a public awareness program which addresses vulnerability, hurricane evacuatiom hurricane shelter alternatives including hotels, friends and the locations of both the on.site hunScane shelters and onsite or ottsite public SOaelters, ~mel other protective aetimas ~ophieh may ~ specie development; identification of who is respons~le for implementing the plan; and other itern.~ as deemed ~ppmpria~. T~e plum shall coordination with local emergency management officials. In order to use this mitigation option, the final ;dan mm be found .suffidimI by-the reviev, Sng agencies and must address the recommendations'provided bythe reviewing AGEI~A DEC 1 1999 do agencies; or 2) -improv~~~ b~onfl~a~ Ihos~ ' ~am~n:,wl~nl~l~ by Rule 9J- 2.0255, Florida Adm/nistrafive Code; or Ox'phase t dwet~g~,~iz~~6~'~~t~~~. Phase 2 will consist ora total of 1,300 dwelling units, of which 732 dwelling_ units will be ftrst floor units. Approximately 1,420 units will be first floor units. procuring communications equipment which would upgn~e the existing ia ~n'&'r~to ase ~is mitigation ~~ devea,~ ~ provide nm,ntnm~e assurance from local emergency management officials regarding the provisions ability to reduce the development's hurricane evacuation impacts. Engineering calculations estimate that minimum finished floors will range from i0 to 11.5 feet above mean sea level. WindinE Cypre~ will provide hurtle_ne evaeuatio~ information to the residents and will also participate in public information programs sponsored by local news media and Collier County Emergency Managemem Officials in an effort to educate residents of Winding Cypress about hurricane preparation, location of public shelters and evacuation routes. TheBarron Collier Company shall provide off-site hurricane shelter mitigation for the Winding Cypress DRI by providing window and door protection to the Oak Ridge Middle School. All commitments made by the applicant, within the ADA, and subsequent sufficiency xoundizfform,fion, xet~d to Question 16 0:loodglains) and Question 23 (Htm'ieane Preparedness), and not in conflict with the above recommendations, shall be inedited in the Collier Coumy Development Order as conditions for approval. STORMWATER MANAGEMENT (Refer to Appendix I, Section D) onsite water regimes. Such caha~es ix~tude the cx, n~--~, aetitm of U~S, 41 to the south, County associated with these roadways. The site has aisc) been impacted by drainage l~ojeets carried out rturing the construction of the Golden Gate area, north of the project site, and subsequent diversion of stormwater flows from northwest Golden Gate toward the Cordon l Zt 1999 River. Immediately west of the Winding Cypress site, at the intersection of C.R. 951 and ~ Thesep~~~ "Ivlawo~." A L-,shsped ditch, _ndj___m'~_ ti0 ~ lakes, on ~ Windin~ ~m~ ~ ,~ O~y ex~v~ tO Super the wa{~ supply lYom the ~vo~p~. In order to restore more historic hydrologic conditions to the Winding C3'press site, the involves the construction of an eight-basin surface water management system, made up of a series of cascading lakes arid wetlands. The system would collect offsite flows via -modificaIiom Io ~be Sat, al Paim Road diu:~, ~ mute ~ese flows 'tiu-ough 'the site. Addifio~ modificmiom to the surm~ ~!s/ditc~ would allow a of the historical regime, while maintaining the current local surface water movement pattern. However, the applkam has also proposed that the surface water management system for Winding Cypress could be pan of a regional surface water management plan. This plan would capitalize on several potential regional stormwater management initiatives currently being considered in CoLlier County. The Big Cypress Basin Board is currently exploring the possibility of rerouting a portion of Golden Gate Canal flows into the County Road 951 Canal,.upstream of the Winding Cypress property. This action would serve.as a reconnection of the current Golden Gate and Belle Meade Watersheds. A portion of the larger C.R. 951 Canal flow could then be diverted, via a modified Sabal Palm Road ditch, onto and through the Winding Cypress property. Ultimately, 'the flows from Winding Cypress could be discharged, via modifications to the U.S. 41 Canal, to tidal wetland preserves contained in the Fiddlers Cred'MMarco Shores DRI. These v~dands would discharge to Henderson Creek and Rooker~ Bay. tf realized, the regional system could have a number of offsite benefits which the Winding Cypress Stormwater Management System alone would not have. Accorfling to ~ applican~ l~ese benefits melufle: l)~ ~lawater pulses to me roadway canals; 2) The increased grotmdwafer dis'~bution across the Winding Cypress of the historic hydrologic connection betweenflae Golden Gate and Belle Meade Watersheds; and 4) ~on of both on.site (Wi-ai~ Cypress) and regional hydroperiods. AGEIV. DA ITEM Although the proposed regional surface water management system would have some obvious benefits, fl~e concept does have ~ drawbacks. ~Thepmposedportions or the regional sys~m/ocated north a~d south of Winding Cypress wOmd have ~o i)e constructed i)y other entities: most likely, the South Florida Water ~ Disui'"'"'~, ~ Big Cypress Basin Board, and/or Collier County. It could also involve the creation of a public partnership betwe~ gae ~bove mentioned agencies, Rook_ery Bay Aquatic ~~] E. smaring R=s~, R~, ih~ applicani aml vth~ priva~ hn~ ~. Th~ Big C.~ress Bain Board has ~ stlppor~ ofttm conoept, btrt the remaining agenc~ies have not commiRed regional sy~em, 'ascutrenfly conceiVefl, Cou-i~ave adverse impacts upOn--thePicayun~ ' -- Strand State Forest, a portion of which is ~ adjacent ~o the project (to .the east), as well as to Rookery Bay. A detailed evaluation of these issues is to occur during the Winding -~ss~vetopment's District Envit~~ ~urce Pern~review. The So-.~.~ Florida Water Management District has reviewed the r-~'oposed surface waC. er management system, as well as other aspects of the development proposal. District staff stormwater wana~ment concerns discussed above, the City of Marco Island has expressed a number of concerns related to the location of the 'qVlareo Lakes~' borrow pits adjacent to the project. As mentioned, these "lakes" are the City's mw potable water source. The City is eoncemed that the project's stormwater management system, as welt as onsite golf course management practices and irrigation withdrawals could adversely impact the quantity and quality of the water in the borrow pits. The City is requesting assurances from the applicant -lh,~t such impaets witt not o~ur. Distriet staff has indicated that ~hese matxem will be evaluated during the Winding Cypress District Environmental Resource Permit review. Regional staff has attempted to craft recommendations related to tl~ City issues. These recordations, as welt as standard Regional staff D.O. Conditions are included in the following remedial actions: RECOMMENDATIONS Any DRI Devel~ent Order issued by Collier County zhall contain the following t~ovisions: The'Winding Cypress Development 'shall require a South Florida Wate~ Management District Environmental Resource Permit_, for conceptual approval of the proposed development,, for construction and operation of the proposed surface water manugemgnt system, and for proposed impacts to onsite wetlands and other surface bo The Winding Cypress Devel~ mhall x~quire ~ Florida W~er ~h,lmmgemenI District Water Use Permits, for the propo~ surface and/or groundwater withdrawals £Or lancl.~c~ne irrigaViaix, auld ~r ~ ~ ~cti~ ~ a~r thc construction of project lairs mad/or road ~ building farmdutlons. DF_C 1 q 1.,.~9 go The proposed staface water mamgement system desiga iactt~es ~ ~si~liv of ~ ~fi~ ~~ ~ ~ ~ ~ ~ ~ sim, ~ ~ eEon m "~ ~s" ~w pi~). A ~ ~u~*a ~ ~ ~ ~ d~ .-~~~v~~~T~cv~w. . The City of Marco Island has express~ concern regarding the types of turf maintenance chemicals to be utilized on that portion of the Winding Cypress development of the proposed golf course, the golf course developer shall be as specific as possible in identifying to the City the types of chemicals which may be utilized on the golf course, and ~te types and ~amts of contamination wl-,ich may result ia the w~!e_,'s of"Marco Lakes" as a ~sulI of such chemical use. The applicant shall affirm in writing to the Chairperson of the City Council of the Cit3' of Marco Island that the applicant, as well as any legal successors or assigns, will not seek to restrict currently permitted City water withdrawals from the "Marco Lakes" borrow pits. During construction activities, the applicant shall c'mploy I~st manag~x~ent practices for erosion and sedimentation control. Ttaese 9ractices shall be included with, or presented on, all construction plans, and shall be subject to approval by the appropriate agencies prior to their implementation. Any construction silt barriers or hay bales, and any anchor soil, as well as accumulated silt, 'shall be removed upon completion of construction. Either the applicant or the entities responsible for the specific construction activities requiring these measures shall assume responsibility for having them removed upon completion ol constructton. Thc final storrn~at~ marmgemeaxt plan shall consider, as applicable, measures to ~ ~ff rat~ ~md ~ohan~, incl., ~t '~ot timiiod to. ~ comml structures, perforated pipes, and grass swale conveyance. Swales ahalt be used, whenever po~ible, rather than closed systems. mo qo Any shoreline banks created along the onsite stormwater management system shall include 1/ttorai zones consmicted on siopes consistem ~ District and Coil/er · County reqtfirements-and shall be planted/n native emergent or subm~t aquatic vegetation. The applicant shall condua annual inspections of the Winding Cypm~ Master approv~ des/gn& ~ that the water mma~ement sysiem /s capable of accomplishing the level of s~ormwater storage and treatment for which it was intended. ~qalicant shall eom'nm, to the satigFa~on ofaltapplieabte fede~l, atate, ar~A local review agencies, and the South Florida Water Management District, that the proposed stormwater management system ~ not {m[~ct habitats of any ~ate or federally listed plant and/or animal species occurring on site, or that such impacts The applicant, his successors or a_ssigns, shall undertake a regularly scheduled vacuum sweeping of all common streets and parking areas within the development. The applicant shall entrance any private commercial parcel owner~ within the development to institute regularly scheduled vacuum sweeping of their respective streets and/or parking areas. In areas adjacent to retail and office uses, the applicant, or the individual site developers, shall provide at least one-half inch of dry pre-treatment (retention or detention); or an equivalent alternative, as deteaTnined by the appropriate regulatory agencies; in order to provide reasonable assurance that hazardous materials will not enter the stormwater management system. Ditch and swale slopes shall be designed to minimive, discharges $o that these facilities may provide some additional water quality treatment prior to discharge. Treatment swales shall be planted with grass or appropriate native vegetation. The grassed stormwater lreatment areas shall be mowed on a regular tmsis as part of the normal lawn maintenance of the development. Any debris that may accumulate in project lakes, ditches or swales, or which may interfere with the normal flow of detention/retention areas on a regular basis. Any erosion to banks shall be replaced Underdrain systems and grease baffles, ff utilized within the Winding C3'press DRI, shall be inspected and cleaned and/or~lmired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. r. sysa n maflmum m eme s shall inchade.removal of any mosquito-productive nuisance plant speci~ (e.g., water lettm~ ~water hyacinth, as well as f~om the lake littoral ames employed in th~ sys~m. To the extent consistent with applicable stormwater management system and mosquito larvae predators, such as Oambusia affinis. round information, related to Question t0 (General Project Description), Question 12 (Vegetation And Wildlife), Question 13 (Wetlands), Question 14 (Water), Question 15 (Soils), Question 16 (Floodplains), and Question 19 (Stormwat. er incorporated in the Collier County Development Order as conditions for approval. It is understood that, as with any largo, scale project, W'mding Cypress development activities wffi have an impact on traffic in Collier County. Traffic generated by W'mding Cypress, when combined with other growth in the area, is anticipated to necessitate currently uncommitted improvements to the roadway network. While there are no significantly and adversely impacted roadway segments, improvements were found to be necessary at two significantly impacted interse~ons: US 41 ~ CR951 antiC'fl951 ~ Davis Boulevard. Improvements are needed at these two intersections both with and without the project. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: ao The applicant or his successor or assigns shall be fully responsible for site related axmdway and ~terseetion improvements required within the Winding Cypress DRI, including those along CR 951 and US41, bordered by and providing access to the Adequate commiUnents to provide the necessary improx, eanents including, but not ~ ~.o, xight of way, ~wst of .~i~rion,,mm ~es, ~tt ogaer 4m.m~ovements deemed necessary by Collier County to maintain the adopted level of service of the following significantly impacted intersections through DRI project buildout in 2008: 9 AGE~A ~ No.~.), I:)EC 1 19C, ~r Phase2 offl~is project shall be issued ~dess ~he improvements axe: a) complete, b) under construction, c) the subject of a clearly iden~ executexl and recor~ ~cat g~-dm~lopm~t ~grt~m=nt ~msiste~ ~4th ,~c. 4~3.3220 ~n'ough 163.3423, F.S., as ~l'~c~:d in the D.O., ~suring completion ~oncurrent with ' _m~acts; d) the subject of a binding commitment bom Collier County ensuring completion concurrent with impacts, as referenced in the D.O.; e) the subject of a improvements Element; or f) thc subject of a binding and enforceable commitment by the developer to provide thc ~ent concurrent with impacts. Any eomb~ of the above which enam~ ttntt the ~ is-also--lc, provided the SWFRPC, Collier County, and DCA agree lhat the ~n meets the intent of the transportation uniform standards nde. As an alternative to thi.q requirement, tl~ applicanf may pay a proportionate share contribution, calculated consistent with the formula in Paragraph 9J-2.045(1)(h), F.A.C., to Collier County for this improvement. Collier County shall indicate in the D.O. that the fair share payment shall onlybe applied to the imme~rmte c. on$1iuctior~ of one or more of the .significantly impaled improvements under their jurisdiction listed in the Appendix, or some reasonable alternative which, if constructed, will reduce lmffic impact. DRt developers in the County are expected to pay a proportionate share of the costs of project im,r~--t. (A portion or all of the lXoportionale share may be provided Itmmgh ira?et fees.) No building txamits for Phase 2 shall be issued unless the impact share payment and the County's commitment to use the payment for ~he construction x~faa~e~xled improvement is as referenced in the D.O. ~1 until dxis cantfib~on i.~ a~:e. iv~l by Ihe County. Any delay or change of the proportionate share payment shall require a reanalysis of the payment amount in a To determine the project impact on regional facilities, an aramal mmfitoring report ~,..~lt t~ ~m~ ~, ~tadda ~ ~f Txa~t~mtima, Florida ~~ of~F ~, ~ S~C f~ ~ ~ ~~. ~ ~ _mo~fing m~ ~1 ~ s~~ ~ y~ ~ ~.~~ ~ of~ appmv~ of~ ~tm ~~e ~~ ~ D~. ~i~ ~ s~l ~ 10 submitted annually thereafter until buildout of the project. Ata minimnm, the report shall conla~ a summary of~on ~ development activities ~ date, in the categories of development as recorded in the development .order. -In addition, the reportshall.~xmtain~p.m, peak~.~ get~.mfion estimates aild ~ ~n~ov ~__~nis at each of the project's access points, the off-site intersections listed in b above. Th~ ~ shall also_provide a calculation of the existing level of service on the facilities listed in b above. Finally, an estimate of the improvements assumed to be committed and address any deviations from the identified schedule. Basenl upon .the transportation assessment of significant project impacts, improvement to the following transportation facilities shall be needed prior to, or coincident with development of the Winding Cypress DRI, if adopted levels of service conditions are to be maintained: · CR 951 (~ SR 84 (Davis Blvd.) · CR 951 @ Grand Lely Drive (lqmah Proj~t E, nmm~) While the consultant has demonstrmed lira diffexent combinations prior to project buildout in 2008 of at-grade improvements may achieve LOS D CR 951 ~ SR 84 (Davis Blvd.), a January 1999 Florida Department of Transportation (FDOT) SR 84 CORRIDOR STUDY states"Regard/ess of whether Sit 84 is relocated or not, tra. O'tc projectio~ by 2024 at the intersection between ~s'ting SR 84 (Davis Boulevard) and CR 95t are so kigh that it is ~ to ~ ~-ffrade ~ that can accommodate projected traffic leve~ A grade-separated interchange involving an ~ctension of eR 951/1-75 intercha~e wiil~e ~e~led to accomnmdate trafftc at this critical location". The FDOT and the Collier County Metropolitan Planning organization (MPO) are currently reviewing the technical findings of the study and undertaking a quantitative assessment of the uansportation alternative. The applicant shall promote efficient pedestrian and bicycle movement within and between ~the development's components, and to adjacent properties as deemed necessary by Collier County. ~_~ll~_t~_ ~p_~t~ ~.~~.eth ~ irmh!~Ta ofbus stOPs__ or othex appropriate lrallsit access ..... points in site design, co_ri_silent with Collier Countv transit ptan , Collier County and the applicant may consider development Order options to the extent that the options provide adeq~_~t_e commitments for improvements.indicated 11 above to significantly impacted regional roadways and intersections. Whatever following conditions shall be met: i. tfmmmt~~ ~I to,he cmet~ ~ one or more regional roadways and intemecfions ~ operating at vavvae ~ the adopt~ level of service capacity, then fmlber building permits and eertifi~ of occupancy how the DRI will be treated in relation to the concurrency management system. ~ transportation impact to the ro~__ds and intera,ectiora abov~ ~all be appropriately addressed consistent with SWFRPC policies, and the determination of proportionate share and/or pipelining of the regional road ~r~o¥~ ~ghall bt~ il! ~ttgr~4~rdanee ~ ~'tm 16332220, ~ requires a Local Government Development Agreement and a eommimm'tt by the applicant and/or the local government to insure eoneuvmney on alt 6. VEGETATION AND WILDLIFE/WETLANDS (Refer to Appendix I, Section F) Based ~ the vegetation analysis s~ wi.thin the ADA,.approxim~!e!y 41.4% (803.55 acres) of the site consist of wetlands, primarily forested wetlands, cypress, cypress-pine- cabbage palm, vegetated non-forested wetlands, and pine canopy with graminoid understoo'. The remaining 58.6% (I,136.45 acres) of the site occurs as various _types of uplands. The applicant has committed to a minimum of 713 acres of wetland and upland enhancement preserve areas to remain in conservation areas post development. An estimated 150.66.acres of SFWMD jurisdictional wetlands are proposed to be filled and excavated. A major component of the proposed mitigation plan (discussed in more detail in the Stormwater Management Section) is to allow off-site water flows, which eurre~y go directly over the Henderson Creek weir during large storm events, to be muted onto the Winding Cypress site and retained to enhance~ restore and stabilize the hydrology of the wetland system and development of this site by show4ng this development area where the DRt is proposed as and possible offsite mitigation will be necessary before permitting of the site is possible. The proposed water management reroufing discussed above to reduce estuary freshwater ~QowLm~paets:has ~he potential of offering additionalmitig~on,~atmore amly~with the AGENDA ITEM U~T, 14 1999 Pg.~ permit agency will be necessary. The majority of seven listed plant species will enntinue m be .protected because they are found in the proposed wetland consarvafion m~,as. A total of five listed wading birds, alligators, Gopher Tortoises, Alligator Smapping Turtle, Big Gypress F0x Squirrels and Commission (FFWCC), additionally the Florida panther has been docummted on the site by with the applicant ~,ommitments recommends the following conditions to mitigated wildlife RECObIMENI)ATIONS Any DRI Development Order issued by Collier County shall contain the following provisions. ao The need for wildlife tmder~mssings m~l fencing designs for roadways crossings of ~ ~ m~s stroll be tevie~ in txm~-dination with the FFWCC as ~ of the Review of State listed species and habitat impacts/mitigation shall be addressed in coordination with FFWCC during the ERP pea'mil ap-r,l~m*_,_'on review process based on specific site plan details. At a minimum, the Dat~ 700+ Acre Preserve Area Wildlife/Habitat Management Plan submitted on June 13, 1999, shall be implemented for the preserve area. Co Prior to adoption of the Collier Coun~ Development Order the proposed draft wildlife management plan must receive approval from the FFWCC with the necessary provisions to address habitat needs of the Big Cypress Fox Squirrel, Florida Panther and Black Bear. do A minimum of 713 acres of wetland and upland enhancement preserve area shall remain in conservation areas post development. e. A conservation easement shall be placed over all ~onservation areas. project will me, I the Collier County l__.an_ d Development Co~ 2.4.4.1 ca-iteria which teq~ 75%oflfle reqtfired trees~ $0% ofthe ~equired ~uubs Xo be native plants. g. Impaels to any gopher tortoise borrows shall be handled throut~ the FFWCC Take and/or Relocation Permit process. 13 AGEh~A ET_F. 1 1999 for the de~ is etmently available. ~ ss411 be provid~ through existing maim, ioe~lefl ~ U~. 41 ~md Cm~ _m~ Road 9~L ~ tm~j~4xd ~ wmer demand, ~ ~fl~ f~ ~r~g ~~ 7~ ~ii~ ~ d~, ~0'.~ MOD. The Winding Cypress DRI's non-potable water demand is planned to be met through the use · :cff~a:c~xm~Cm~on o~mrface water (fram pr~e,s), groundwater (fi'om the~suWwial aquifer) and the CounVy~s wastewater reuse system. However, Comer cottony Utilities has in_dicate4! that_sufficient m_ ~u~e ~ _ea~_acJ_ 'ty for_ the project ~ not ~em'rtm~ fly a~!_n.h!e. Ormite lake water wilt be used for a non-potable water source, until such time ns rea~se wat~ is available. irrigation demand for the project, at buildout, is approximately 2,500,000 gallons per day, or 2.5 MGD. DRI, should no olher demands cause the waste, water plant serving the site to exceed its design capacity. At buildout, the projected wastewater generation for Winding C~ wilt reach 778,000 gallons per day, or 0.778 MGD. The applicant based wastewater generation estimates upon the same rates as used in determining the potable water usage estimates. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the follOwing provisions: The project shall require a South Florida Water Management District water use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The project may also require pendts for irrigation well construction and :for dewatming nctivitics msocinl~d ~ the eonsm.~on of h~s, roads mad building foundations. and/or metered water faucets. The devices and methods shall meet the criteria Collier County Utilities by the South Florida Water Management District. 14 South Florida Water Management District staff's estimate of the non-potable water 2,500,000 gallons per day)..At thc time of the wateree pesrnit application for the upon permit application. This model shall include withdrawals from surface water, related input and output files. This model will be used to determine potential adveme impacts to the safe yield of each source, existing legal users, legal domestic users, thc tateral~g~._~on~f~he~~i~~!~to existi_ng wetlands, and possible sources of pollution. The project shall obtain potable water, wastewater trr~n_en~ and, eventually non- thai it has sttfficient capacity to serve the project. Shall Collier County Utilities detemaine that it does not have sufficient capacity to serve the project, the applicant shall either constn~ interim potable water, wastewater t~sanent and/or non-potable water facilities, or shall postpone development until such time as Collier County Utilities service capacity is available to the project. Any interim facilities constructed by the applicant shall be constmctod to 'Collier County Utilities Standards, and shall be dismantled, _at the applicant's exp~e, _upon_ _co.n_rlcction to the Collier County Utilities facilities. Whether potable water, wastewater treatment and/or non-potable water facilities are provided onsite or offsite, the applicant shall demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. As the Winding Cypress DRI intends to utilize treated effluent for irrigation, the applicant shall ensure that any onsite lakes, preserved or created wetlands, and the stormwater management system are adequately buffered as may be required by regulatory agencies. go Temporary septic systems may be utilized in conjunction with cotmmcfion and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, septic system firm at the time when permanent or interim wastewater treatment facilities come online. All construction plans, technical specifications, and proposed plats, as applicable, for 'the~ water distribution and wastewater co~ systems, and any l~ossible 15 Pg. onsite treatment facilities, shall be reviewed and approved by Collier County Utilities All potable w'at_~ fi~41ities, ~~my possibtc~rnsite tx~ble v~__t~ treatment plant,shall bcproperty sized to s~pply average and peak day dorncsQc demand, in addition to fire flow demand, at a ram approved by the ~ agency having ko Ail commitments made by the applicant, within the ADA and subsequent sufficiency t4 (Water), Question t7 (Water Supply), and Question 18 (~Vastewater Management), and not in conflict with the above recommendations shall be incorporated as conditions of approval within the Collier County Development Order CONSISTENCY WITH ~ LOCAL cOMPREI-IENSIVE PLAN (Refer m Appendix An assessment of the DRI's land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Managemeni Plan and Land Development r_e~lations. T~ project Js located within the _Urban R~idenfial Fringe Subdistrict of the Urban Mixed Use District. Any DRI Development Order issued by Collier County shall contain the following provision: Prior to any development order being issued, Collier County shall determine if the proposed project is consistent with Growth Mamgement Plan and Land Development Regulations and whether the project*s phasing is consistent with the County's Concurrency Management System. 9. GENERAL CONSIDERATIONS mitigate project impacm Many, but not all of these commitments are listexl in this staff ttssessment. Additionally, the ADA i~rovidegt a ~ ~hegJn~ that l~ro~ the timin£ basis for this review. If this phasing schedule is significantly altered by the applicant, then many of the basic assumptions of this approval could b~ substantially ¢~ed, potentially raising additional regional issues and/or impscts. 16 1999 Any DRI Developme~ Order issued by Collier County.shall contain lhe provisions b. All and impact mitigating actiom provid by the plicant witkin the in conflict with specific conditions for project approval outlined above are officiall.v The developer shall submit an annual report on the development of regional impact to Collier County, the Southwest Florida Regional Ptanning Council, thc Dcpamr~nt of Coralmmi~ ~Tairs arid all l~fected ~e~nit ~es as -reqRir~ in -Subsection 380.06(t$), Ftorida Staunes. C= The development phasing schedule ~ within tho ADA aad as adju.slea;I to date development order conditions and applicant commitments ineorporated within the devel~t order, ADA or sutqfi~ rotmd ~ to mitigate ~gional impacts are not ca.n'ied out as indicat~l to the ~ or in m~eord with th~ tiroir~g~ ~-hedut~ Sl:~ified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. If the local gov_ernm, ents, d. _truing the course of mo, i~toring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order has occurred or that the development order was based on substantially inaccurate infomtion provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV shall be used as a guide by the local government in determining addition substantial regional Pursuant to Chapter 380.06(16), the applicant may be subject to credit for · contributions, eamsm~tion, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital ~ tot:al devel~ ordex ~ ~the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.0651 Florida Statutes. k -~I~A tlF...M DFC I Zl 1999 SWFRPC:$ OFFICIAL RECOMMENDATIONS SO~T FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS LOCAL IT IS THE ~MMENDATION OF THE SOUTHWEST ~.~ORIDA REGIONAL PLANNING COUNCIL THA~rHE 3UNE ! t, tsP)9 BE APPROVED SUBJECT TO TFIE t~OLLOWING 43OND~8: A. ~'OLIC~E AND FIRE PROTECTION fRe%er to Appendix H, Section Collier Coumy Sheriffs Depamneatwillprovicle !aw enforcemem to the project-East Naples Fire Department will provide fire protection response to the Winding Cypress development. RECOMMENDATIONS Be Any DRI Development Order issued by Collier County should contain the following provisiov, s: To assure the project does not dilute the delivery of service from adjacent County substations, thc applicant should meet with thc She, tiffs Dcpaz~cnt to establish programs and incorporate crime prevention mea~m~,cs during each phase of the site development process. Fire protection shall be provided according to existin4 standards or fire flow critcria promulgated by Collier County or ~ded guidelines developed by the National Fire Protection Association. Facilities qualifying under the Superfund Amendments Reauthorization Act (SARA) Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous materials reporting applications in accordance with sections 302, 303,304, 311, 312, or 313. Applications shall be updated annually by each reporting facility. SOLID/HAZARDOUS/MEDICAL WASTE {Refer to Appendix H, Section B-l) The proposed project will increase the solid waste demands in the region. The applicant has committed to standard conditions which will be incorporated in the project's development order. 18 AG4F_J',~A IT~ DEC 1 q ISg9 RECO~NDATIONS Any DRI Development Order issued by Collier County shall contain a provision that the applicant's commitments for solid/hazardous/medical wastem'e adopted where appropriate for ~is-project. The ~ ~! ~ ~ ~d waste demands of the .nrojeet into the county solid waste management program and explore possibilities of shredding. the ha?ardous waste generated by such business. However, there shall be no siting of hazardous waste storage facilities contrary to the Collier County The projzct shall be bound by all applicable recycliag reqair~ ia eff_ec~_ in Collier County at the time of the development. Any buildings where hazardous materials or wastes are to be used, displayed, handled, generated or stored should be cons~ with impervious floors, with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water. Discharge of hazardous waste effluent into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 19 C,7.C 1 ti 19 9 Pg. ~ APPENDICES STAFF REPORTS AND SUPPORT DATA The Council staffs assessment of the DRI/ADA identified nine issues of regional concern: energy, historical and archaeological sites, hurricane preparedness, stormwater management, transportation, vegetation and wildlife/wetlands, wastewater management/water supply, and consistency with the Local Corn_trrehensive Plan and Sitar _c~ic Regional Polio' Plan. Thc staffrcports of each of these issues are attached as Appendix I. Appendix II identified two issues of local concern police and fire protection and solid, hazardous and medical waste. Before fownulating the recommendations in the previous section, the staff analyzed all of the regional issues. As a part of each analysis, the staff determined the project's impact, any necessary remedial action and the applicant's conmfitments to a solution. Such determinations were based upon the calculations and estimates of both the applicant and Council staff. Where applicable, support correspondence from local officials is included. A draft development order is found in Appendix III. The Substantial Deviation Monitoring Form is found in Appendix IV. Comments from the South Florida Water Management Dis~ct are found in Appendix V. Comments from hhe Florida Game and Freshwater Fish Commission are found in Appendix VI. Comments from the Department of State, Division of Historical Resources are found in Appendix VII. 2O APPENDIX REGIONAL ISSUES ANALYSIS L Ae ENERGY 1. Project Impacts The proposed development wilt be electrically powered and will increase the energy demands of the region. 2. Remedial Actions 3. Applicant Commitments The applicant has submitted a set of cnergy conservation measures, which when implemented, will significantly conserve energy. 1 4. References ~r~,,, ,,,, 29-~ and29-2. I-A-1 ~-IISTORICAL AND ARCHAEOLOGICAL SITES 1. Proiect Impact In preparing for submittal of the Application for Development Approval (ADA), the applicant transmitted a standard request for any archaeological/historical site records pertaining to the Winding Cypress property to the Division of Historical Resources, of the FlorMa ~tof State. In reply, the Division indicated lb, aL although no sites had been recorded for the property, the large number of nearby -qites.indicated a "reasonable possibility" of archaeological sites occurring on the subject property.~ Accordingly, the applicant's archaeological consultant performed a survey of the Winding Cypress property. A total of eleven archaeological sites were found on the property.-' The applicant's consultant believes that all of the sites are eligible for inclusion in the National Register of Historic Places. The Division of Historical Resources is less certain, due to the minor level of testing performed at the site, but believes that all of the sites should be preserved and protected, or at least investigated) The site locations within the DRI property are sho~m on Map B, "Historical and Archaeological Sites".4 Following is a description of the eleven sites: The Hunting Camp Hammock Site is located in the vicinity of the existing mobile home site (used by hunters, thus the name), in the west-central portion of the property. On Map B, it is labeled as 8CR786. The location of the site is in a cabbage palm/oak hammock, surrounded by marsh. The site itself represents a campsite and midden from the Formative Period (roughly between 500 B.C. and A.D. 500). The site contained a dense scatter of characteristic sand-tempered ceramic shreds and numerous oyster shells. Thc consultant considered the site to be of local and regional significance and potentially eligible for inclusion in the National Register of Historic Places.5 The Marsh Sentinel Site is located in almost the exact center of the Winding Cypress proper¢'. Labeled on Map B as 8CR787, the site is located in an open oak hmmnock, dominated by a single large oak. on the edge of the surrounding marsh. The site may represent a satellite campsite from the late archaic or early formative periods (roughly 2500 B.C. to 500 B.C.). It may, in some xvay be related to the Hunting Camp Hammock Site. Animal bones, charcoal and ceramic shreds xvere recovered fr,~n: ~:e s2e. T!~ ,zensu!~ ,~.-.,sidered d-,.e site to be of !e'~! ~;ig:',.ifiea::c,~ and potentially eligible for inclusion in the National Register of Historic Places." The Hawkfeather Hammock Site forms the northern point ,c ..~ triangle with the two previously described sites. On Map B it is labeled as 8CR788. This site occurs in the same hamrnock as the Hunting Camp Hammock Site, but is located to the northeast of that site. The site is named for a hawk feather, which was found in the vicinity. The Hawkfeather Hammock Site may also be a satellite of the Hunting Camp Hammock Site. The site appears to contain a deposit of Formative~ta~'iod I-B-1 .~_ (roughly 500 B.C. to A.D 500) ceramics. The consultant believed that archaeological deposits may underlie the entire central portion of the Winding Cypress property. The consultant considered the site to be of local significance and potentially eligible for inclusion in the National Register of Historic Places.7 The Citrus Camp Site is located along the western boundary of the Winding Cypress property, adjacent to the more northerly "Marco Lakes" borrow pit. On Map B, it is shown as 8CR789. The site is located in a small, exotic-impacted oak hammock. containing_ wild citrus trees. An abandoned modem hunting_ camp has previously impacted the site. The citrus trees suggest that Seminoles may also have once used the site. The site itself is of late Archaic or Formative Period age (roughly 1500 B.C. to A.D. 500), and contained a number of ceramic shreds. The consultant considered the site to be of local significance and potentially eligible for inclusion in the National Register of Historic Places.s The applicant proposes to preserve this site bei~atn a portion - IO1 I. IIU Lll~ gun only site, which is not located in a designated preservation areafi The Gnat Haven Hammock Site is located along the western boundary' of the Winding Cypress prop~.-~ty, and sits on a cabbagev,~,,,,~l,~,, hawdv, ock, located at,,h,~,~ deep ~nu of a pond ....... ~ ..... ~ ..... '--- ~ ---'-:-'- · shown as 8CR790. The archaeologists investigating the site were plagued by gnats; thus the name. The site itself is a late Archaic or Formative Period (roughly ! 500 B.C. to A.D. 500) campsite and midden which displays evidence of a long period of occupation. The test dig identified abundant seashells, crab claws and charcoal. Further digging revealed pottery shreds, a shell tool, and abundant mammal, reptile _and ~sh bones. Among the latter was evidence that those occupying the camp had hunted deer and snakes (possibly a rartiesnake). Land snail shells were also found. The consultant considered the site to be of local and regional significance and potentially eligible Ibr inclusion in the National Register of Historic Places.~° The Twentyoaks Island Site is located in the southern portion of the Winding Cypress property, adjacent to the U.S. 41 Canal. The site is located within an area dominated by pond cypress, but on a rise dominated by live oaks. On Map B the site is shown as 8CR791. The site itself appears to be campsite and midden from the Fo~.rm. ative Period,.~(~,-,uohlv=.... ..... .~c~a r~ c'~ ..... to A.D. ~oc~) The site may .have ........ repre~,mect a c~noe I!m,:dL,~g m~a and c.~,.4psite co_n._~c~d wiLh Henderson Creek It al~o _m~:' l;ave been a satellite camp associated with another site. When tested, the site contained a fairly rich deposit of ceramic materials, and one large piece u, shell. The consultant considered the site to be of local significance and potentially eligible for inclusion in the National Register of Historic Places. ~ The Palmetto Mound Site is located in the central portion of the Winding Cypress property, in close proximity to the Hunting Camp Hammock and Citrus Camp Sites. The site appears to be an ancient human-constructed sand mound, and may represent I-B-3 The Cabbage Palm Point Site is located in the central portion of the Winding Cypress property, somewhat to the east of the Oak Clearing Site. The site is located in a marginal cabbage palm hammock adjacent to a cypress slough. On Map B, the site is indicated as $CR796. The site yielded Formative Period (roughly 500 B.C. to A.D. 500) ceramic pieces, including one piece from an apparent flat bowl or tray which was more finely finished than most of the ceramic material recove~d from the Winding Uypress-DR1 property. The area is deeply layered, suggesting several periods of occupation. The consultant considered the site to be of local and regional significance and potential[',, eligible for inclusion in the Nmional Re,stet of Historic Places.mo Remedial Actions The Florida Department of State, Division of Historical Resources has reviewed the * * ..... :- -~ * -':-- VII""-- '":--: :-- ~an. and their comments are CUtltallleU in 111~ · ~ppenmx . L,,lvlSlul~ ~,¥-as 1iOi willing to accept the consultant's finding that all of the sites were eligible for inclusion within the National Register of Historic Places, without further, more detailed investigation. However, the Division agreed vdth the archaeological team's recommendations that all sites should be preserved in some fashion. In particular, the Division staff emphasized additional investigation of the Citrus Camp Site, if preservation beneath golf course fill proved not feasible. Division staff also emphasized preservation of the Palmetto Mound potential burial site.~7 The following recommended Development Order Conditions are derived from the recommendations of the Archaeological Survey Team and comments of the State Division of Historical Resources, as welt as standard Regional recommendations. Archaeological sites 8CR786, 8CR787, 8CR788, 8CR790, 8CR791, 8CR792, 8CR793, 8CR794, 8CR795, and 8CR796 within the Winding Cypress property shall be preserved in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master Development Plan for the Winding Cypress DRI. The Barron Collier Company shall actively seek registration of these sites in the National Reaister of Historic Places. In areas where the sites are located in the vicinity of proposed development, a 30- ibot-wide buffer or conservation easement shall be preserved around the ~rcb~_eoJogJcal sites. Final preservatjoj~ or mJ!JgalJon arrangements lbr the Citrus Camp Site (8CR789) shall be submitted to the Florida Department of State, Division of Historical Resources, the Southwest Florida Regional Planning Council and Collier County, for review and approval. All of the identified sites within the Winding Cypress property appear to deserve further investigation, in particular, the Frogchorus Lithic Site (8CR793), with potential significance in regard to human settlement in Southwest Florida, should be investigated by State-approved archaeq)klgical I-B-5 ~ located within the preservationareas. One site is lc -area within the proposed golf course. This site will either be preserved under fill within the golf course or be subject to archaeological excavations to act as mitigation for the loss of this site.~9 In May and June, 1998 the Archaeological and Historical Conservancy (AHC) conducted a phase one archaeological .sam,~my for the Barton Collicr C-ompam, ona ~,o~ ~,,,.,. pro~.~, ?,~,-~-,, ~ Winrlina Fxmrvet in lqalteillrn~nt to Question 30 of the DRI application. The property was surveyed to locate areas of possible archaeological or historical significance, which might be affected by proposed development of the project area. The AHC conducted a pe&strian su.rvey and subsurface shovel !esfing across lhe prope~y ;~ locate and assess the significance of any potential archaeological or historical sites that might be present. The archaeological asses_wnent resulted in the discoveD' of eleven archaeological sites (8CR786, 8CR787, 8CR788, 8CR789, 8CR790, 8CR79i, 8CR792, 8CR793, 8CR794, 8CR795 and 8CR796). These sites are of'local and/or regional significance and are ,; i~, poten,,mO eligible for listing on the National Register of Historic Places. The sites are located in several portions of the southern and middle area of the property.. Seven of these sites were subjected to additional testing to determine their boundaries. No human remains were observed during this investigation. However, a probable burial mound, 8CR792. was discovered. The sites within the property will be avoided, where feasible, and if that is not feasible, those sites that cannot be preserved should be mitigated by a combination of archaeological recovery and data recording by archaeological excavation and monitoring? Prior to conducting fieldwork in the project areas, an archival and literature search was made. This included, but was not limited to, studying prior archaeological reports for sites in Collier County. reviewing inIbrmation from the Master Site File concerning other nem-bv sites mhd exmminin~ USGS anthrop0genic changes to t~ topography ~d floral co--unities. The fieldwork consisted of a pedestrian survey of the subject parcel, guided by planned examination of certain areas within the subject parcel selected from colored and blueline aerial photographs. These target features had distinctive signatures suggesting elevational change or noticeable geologic or topographic anomalies. All identified target areas located by the preliminary research were directly and visually visited in the field. Areas for I-B-7," ...... tract may prove of special importance because of the lack of investigated sites in Collier County from the Archaic Period and because it is one of the most southern lithie sites of this type ever reported. The Frogchorus site has the potential of yielding lithic resource-use information on adaptations and strategies by the occupants, who were obviously far (150 + miles) from their source of chert. 12. In conclusion, the preservation oft.he eleven sites within the project area is recommended, if feasible, if site preservation is not possible, then more extensive archaeological investigations and monitoring will be required as mitigation for the loss or damage to the sites affected by the development, 13. Furthermore, if site preservation is possible, the site boundaries and the cabbage palm hammock community should be protected to fulfill green space or natural habitat environmental requirements. Should exotic plant removal, ground clearing, landscaping or other activity affect the site area, then archaeological monitoring of these activities will need to be undertaken. A temporary protective fence should be placed around the site area prior to any land clearing, tree removal, grubbing, or developmental activities, and the protected area boundaries should be confirmed by the consultant archaeologist, as well as any filling or placement of a protective cap over the site.22 14. Also, both freshwater marsh and scrub/shrub marsh have the potential of yielding Archaic period human burials, as other similar features in the area have proven i0 have been used ,as monua~' ponds. In subsequent development encroaches into these areas and uncovers archaeological resources, a plan should be in place to allow' for mitigation or recovery of these resources.23 15. If single artifacts or very discrete and minor deposits of archaeological material are exposed during subsequent development of the property, it is suggested that these deposits be reported to the responsible agencies, such as the Florida Department of State, Division of Historical Resources. 16. Finally. in consultation with the owners, it _was recommended, and agreed. that ten of the Winding Cypress archaeological sites will be set aside or are located within the green space preservation areas. All sites near construction activities will be protected with a pre-construction fence and no equipment, fill, or materials will be stored there. Exotic plant removal within the preservation area will be conducted by hand labor. 17. Sites 8CR786 (Hunting Camp Hammock), 8CR787 (Marsh Sentinel), 8CR788 (Hawkfeather Hammock), 8CR790 (Gnat Haven Hammock), I0 t2 13 14 17 18 19 20 21 22 23 24 Survey, p. 3, 28. Survey, p. 3, 29. Letter 2. Survey, p. 3, 31, 32. Survey, p. 3, 33. Survey, p. 3, 34, and Letter 2. Survey, p. 3, 36. Survey, p. 3, 38. Survey, p. 3, 39. ~ ....... 'a 4! Letter 2. ADA, p. 30-1,30-2. Second Sufficiency, p. 30-1. Survey, p. I. Survey, p. 18. Survey, p. 21. Survey, p. 2I. 22. Survey. p. 22. I-B-11 C. HURRICANE PREPAREDNESS Project Impact The Winding Cypress DRI is located in an area subject to storm surge flooding in Category I, 2, and 3 hurricanes.' The project is located near the western boundary of the South r~_~.- ~vaciifi~ioi-~ zofie, iii ........ ' ...... a: _ ~-~ ~ff~a g~n~'~,uy ~:~H~S~pCahmi-~g iO a {4~ctu-iex..ai:c-gmy'~ ....... 2. Those residents of Winding Cypress choosing to evacuate will utilize County Road 951, U,S, Highway 41, or 1-75. Approximately 1 I0 acres of Winding Cypress me. located within a category three hurricane flood zone and the Southwest Florida Special Hurricane Preparedness District. Based on the sheltering demand analysis, a maximum of 1,372 residents would need to be evacuated during a category 3 storm event,: Because the project will not have onsite hurricane shelter, the Collier County Emergency Management Agency h~ requested off-site hurricane mitigate under the provisions of FAC 9J2. The applicant has committed to offsite hurricane mitigation of roll-down shutters on entry doors and storm panels on all windows at Oak Ridge Middle School.~ The preliminary' development plan for the project indicates a probable dwelling unit mix of 400 single-family homes and 2,510 multi-family units including villas, coach homes and garden condominiums. The minimum finish floor elevations for the project will range from 8.7' to 10.3'. The SLOSH model stoma history points for Collier County indicate that storm surges for Category 3 hurricane events naa)' reach up to 16.5 above mean sea level (MSL)? The applicant has estimated the occupancy during November at 65% for single family homes and 50% for multi-family dwellings. Moreover, it is estimated that of phase 1. 698 units will be first floor units. Phase 2 will consist of a total of 1,300 dwelling units, of which approximately 732 dwelling units will be first floor units. Phases l and 2 sheltering reqairements are shown b. elow.s TABLE C-1 PHASE 1 SHELTERING REQUIREMENTS (NOVEMBER) Unit ] Total ]November Types ' Units i Occupancy SF 250 I 65 % MF [ 1,350 ' 50 % i People Per House 2.01 2.01 24% Require Sheltering 21% Don't Know 79 69 326 I 285 Total Requiring Sheltering 148 611 759 I-C-I 2) 3) development; identification of who is responsible for implementing the plan; m~d other' items as deemed ~ate. The plan shall be developed in coordination with local emergency management officials. In order to use this mitigation option, the final plan must be found sufficient by the reviewing agencies and must address the recommendations provided by the reviewing agencies; or Alternatively, the applicant shall commit to provision of roadway capacity iir, provements above and beyond the fhose ix, vvpn:n~nm~ aZ~:luimd-by Ruie ~'~T "1, 1~"~.~ .1~ '..I- ' ~.,-,..:,--~,~,, F~cq'i,,,, Au,--Wdrfi.-~tive Code; or The applicant shall commit to provision of funds to be used for the pu~ose of procuring communications equipment which would upgrade the existing wa_ming and notification capability of local emergency management officials. In order to use this mitigation option, the developer must provide reasonable assurance from local emergency management officials regarding the provisions ability to reduce the development's hurricane evacuation impacts. All corvanitments made by the applicant, within the ADA, and subsequent (Hu~c~e Prep~edness), ~d not in conflict ~ the above reco~endations, shall be Mco~orated m the Collier CounD, Development Order ~ conditions for approval. Applicant Commitments T~,,-..,,. m.mm; ' ,,,-, .... finished floor elevations for the project will range fi-om 8.7' to 10.3'.~ Of phase 1 dwelling units, it is estimated that 698 units will be first floor units. Phase 2 will consist of a total of 1,300 dwelling units, of which approximately 732 dwelling units will be first floor units. Approximately 3,120 units will be firs~ floor units.? Winding Cypress will not have a significant regional impact on the hun'icane evacuation route. The prOject vvili add !3 minutes to Phase I The applicant wi!! continue to work with Collier County Emergency Mmmgement Officials to determine .qn equitable off-site mitigation for the sheltering demand generated by Winding Cypress. The commitments made are result of negotiations will Collier County Officials will be included in the Developmem Order? I-C-3 D. STORMWATER MANAGEMENT 1. Project Impact The Winding Cypress Development is a proposed mixed use DR/, consisting of residential, retail, office, and recreational land uses.~ The project is located in southwestern Coiiier County, in the vicinity iff the irnersec~ion of U.S. 4i and County Road 951. The entire Winding Cypress property' comprises approximately 1,928 acres? The site is primarily in natural condition; with approximately 803.55 acres of wetlands. However, the property currently contains a mobile home, which is used as a hunting camp, and a Florida Power and Light transmission line corridor, with an access road) Historically, the property has been impacted by major hydrologic changes, which to the south, Co~V Road 951, to the west, ~d Sabal Palm Rom& to the nomh, along with the flminage ~s associated ~ ~ese roadways. The site has aiso been impacted by drainage projects camed out during the construction of the Golden Gate ~ea, no~ of the project site~ ~d ~e subsequent diversion ofsto~wa~r flows from nomhwest Golden Gate toward the Gordon ~ver.4 Immediately west of the Winding Cypress site, at the intersection of C.R. 951 and U.S. 41, are two borrow pits which serve as the raw water supply for the City of Marco Island. These pits are known as "Mm-co Lakes." A L-shaped ditch, adjacem to the lakes, on the Winding Cypress site, was originally excavated to supplement the water supply from the two borrow pits. Other than the ditches/canals associated with C.R. 951, U.S. 41, and Sabal Palm Road, there are no existing stormwater facilities on the project site. Currently, stormwater collected on the Winding Cypress property sheetflows into the C.R. 951 and U.S. 41 canals. Water from the U.S. 41 canal discharges either to the C.R. 951 canal, south of the intersection of the two roadways, or directly to Henderson Creek, southeast of the project site. \rater from the 951 canal discharges into Henderson Creek, and eventually into Rookery Bay. an Outstanding Florida Water (OFW'~. The Winding Cypress property is thus part of the Belle Meade. or Henderson Creek Watershed.: The major water management problem associated w'ith the Winding Cypress propen5 is an alteration of onsite hydroperiods, leading to drier 2:2n historic conditions, groundwater drawdown in the surficial aquifer and a decrease in the annual time period of wetland inundation) Historically, the Belle Meade watershed, of which the project is a part, received surface watcr flow's from thc northcrn Goldcn Gatc arca of Collier County. Development of the Golden Gate area included the excavation of the Golden Gate Canal. which diverted water from a southward flow (toward Rookery I-D-1 ; ,', the creation of a public partnership between the above mentioned agencies, Rookery Bay Aquatic Preserve/National Estuarine Research Reserve, the applicant and other private land interests.~° The Big Cypress Basin Board has expressed support of the concept, but the remaining agencies have not committed publicly to the concept.~ Furthermore, District staff has expressed concern that the proposed regional system, as currently conceived, could have adverse impacts upon the Picayune Strand State Forest, a portion of which is located adjacent to the project (to the east), as well as to Rookery. Bay. A detailed evaluation of these issues is to occur during the Winding Cypress Development's District Environmental Resource Permit review)~ Map D, the project's "Master Drainage Plan", shows the proposed Winding Cypress Stormwater Management System, either with or without the proposed regional surface water management plan.~-~ The Soulh Florida Waler Management District has reviewed the proposed surface water management system, as well as other aspects of the development proposal. District staff comments and recommendations are found in Appendix V. In addition Island has expressed a number of concerns related to the location of the "Marco Lakes" borrow pits adjacent to the project. As mentioned, these "lakes" are the Cib"s raw potable water source. The City is concerned that the project's stormwater management system, as well as onsite golf course management practices and irrigation withdrawals could adversely impact the quantity and quality of the water in the borrow pits. The City is requesting assurances from the applicant that such impacts will not occur. District staff has indicated that these matters ,,,,'ill be evaluated during the Winding Cypress District Environmental Resource Permit review.'4 Regional staff has attempted to craft recommendations related to the City issues. These recommendations, as well as standard Regional staff D.O. Conditions are included in the following remedial actions: The \Vinding Cypress Development shall require a South Florida Water Management District Environmental Resource Permit, for conceptual approval of the proposed development, for construction and operation of the proposed surface water management system, and for proposed impacLq to onsite wetlands and other surface waters. The Winding Cypress Development shall require South Florida \Vater Management District Wmer Use Permits, for the proposed surface anW'or groundwater withdrawals for landscape irrigation, and for certain dewatering aciivitie$ Im'Oposed for fl~e cm~wacl/on of proje~:i lakes mxc[/or road or building foundations. I-D-3 At the time of permit application, the applicant shall provide verification that the proposed system designs will meet District criteria in effect at that time. The proposed surface water management system design includes the possibility of routing additional stormwater from the north through the project site, in an effort to restore historical flow patterns. The staff of the South Florida Water Management District have expressed concern that the proposed design could adversely impact the adjacent Picayune State Forest, a portion of which is directly east of the Winding Cypress property. Additionally, the City of Marco Island has expressed concern regarding potential quality and quantity impacts to the water supply for the City (the "Marco Lakes" borrow pits). A detailed evaluation of these issues shall occur during the District Environmental Resource Permit review. The City of Marco Island has expressed concern regarding the types of turf maintenance chemicals to be utilized on that portion of the Winding Cypress Development which is closest to the "Marco Lakes" raw water source. Prior to development of the proposed golf course, the golf course developer shall be as specific as possible in identifying to the City the types of chemicals which ma3 bc utilized on the golf course, and the types and amounts of contamination which may result in the waters of "Marco Lakes" as a result of such chemical use. The applicant shall affirm in writing to the Chairperson of the City Council of the City of Marco Island that the applicant, as well as any legal successors or assigns, will not seek to restrict City water withdrawals from the "Marco Lakes" borrow pits. During construction activities, the applicant shall employ bes: management practices for erosion and sedimentation control. These practices shall be included with, or presented on, all construction plans, and shall be subject io app:'oval b,' the approFriate agencies prior to their i:nplcmt:nta:ion. Any construction silt barriers or hay bales, and any anchor soil, as xvell as the applicmat or the emities responsible Ibr the specific construction activities removed apon completion of construction. The final stormwater management plan shall consider, as applicable. measures to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated pipes, and grass swale conveyances. Swales shall be used, whenever possible, rather than closed systems. I-D-5 Underdrain systems and grease baffles, if utilized within the Winding Cypress DRi, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the period between such inspections exceed eighteen months. Stormwater management system maintenance requirements shall include removal of any mosquito-productive nuisance plant species (e.g., water lettuce, water hyacinth, cattails and primrose willows) from all system nodes, reaches, and percolation basins, as well as from the lake littoral zones employed in the svstem. To the extent consistent with applicable stormwater management system and environmental regulations, any isolated wading bird "pools" constructed in lake littoral zones shall be excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia affinis. All commitments made by the applicant within the ADA, and subsequent sufficiency round information, related to Question 10 (General Project Description), Question 12 (Vegetation And Wildlife). Question 13 {,'4etlandsl, Question 14 tWatcr), Question 15 (Soils), Qucsti~m lO (Floodplains), and Question 19 (Stormwater Management), and not in conflict with the above recommendations, shall be incorporated in the Collier County Development Order as conditions for approval. Applicant Commitments .,~ component of the proposed regional surface water management cu~ently go directly over the Henderson Creek weir during large stom~ events, to be routed onto the Winding Cypress site and retained to e~n~ce, restore ~d stabilize the hydrology of the wetl~d system. This routing will proxide an additional level of treatment prior to discharge into the canals, which discharge into the Rookery Bay estuary. The Winding Cypress site plan has been developed so as to :~cce:nn',,)d:,te water rero~ting which will allow Bit, Cypress :md SF~VMD to implement the regional plan to restore, manage and adjust freshwater flows into the downstream estuarine system. This will result in a reduction of large pulses of untreated stormwater, which cu~ently disch~ge into the State-o~ed wetI~ds to the south, by allowing the disbursal of sto~water Ikom the no~h to south (Henderson Creek) and/or to the east (Fiddler's Creek) before entering the Rookery Bay Estuary and su~ounding wetlands. passive treatment of runoff by slow percolation and natural filtration through preserved natural areas prior to release to receiving water bodies. Additionally, the latest technology in golf course management techniques will be utilized to minimize effects on water storage and management systems. These best management practices will minimize the potential for adverse impacts to affect the borrow pits water quality. The proposed surface water management plan for Winding Cypress will retain similar design features to those presently existing within the site, such as discharge locations, passage of offsite flows, and utilization of the main onsite wetland/upland preserve and enhancement area for stormwater conveyance and detention. In addition, proposed man-made lakes will function as additional detention areas, while allowing for water quality enhancement prior to any direct stormwater discharge into the onsite wetland preserve areas. lnterccnnection of the various stormwater storage areas will bc accomplished tlzrough utilization of the natural wetland preserve areas, swales, and/or equalizer pipes. Excess stormwater will be routed through these storage areas and eventually will discharge via hydraulic weir structures. These weir structures will be designed to limit the ultimate design discharge to acceptable rates for the receiving watershed, vd'file also mimicking the natural fluctuation of the wet season water table. The public benefits of the project's stormwater management design include: a) Enhancing hydroperiods xvithi~5 the wetland preserves: b) Timely releases of excess freshwater into Rookery Bay that porr,~allx t',,ow:¢ unimpeded down the C.R 951 can:~l Henderson C reek; c) P~'vx iding additional groundwater recharge; d) Decreasing the potential for off-site flooding; and e) Providing additional stormwater treatment of C.R. 951 canal flo~A,'S.~8 l-D-9 while also providing minimum road and building elevations, based upon estimated flood elevations for the internal project drainage system and corresponding outfall conveyances. The Collier County Drainage Atlas (July, 1997) and FEMA FIRM Maps and the Soil Conservation Service (SCS) Study For Flood Prone Areas of Collier County were utilized for these outfall conveyance levels? The latest technologies and BMP's refer to criteria required by the permitting agencies, which are designed to protect water quality entering the estuary and will include minimization of pesticides and fertilizers and the use of biological control, where practical, to minimize water quality problems. The development of the property will require South Florida Water Management District (SFWMD) Environmental Resource Permits (ERP). The ERP process will require that all applicable water quality protection measures and criteria (Florida Department of Environmental Protection and SFWMD) be met prior to discharge of storm water runoff from the project to the 951 Canal, the US 41 Canal and the wetland/upland enhancement area. The applicant intends to continue to coordinate with the Rookery Bay ~,',~IT during the permitting process. The applicant agrees that shallow marsh-type systems at a couple of key places to "scrub" the water before leaving the developed area should be integrated into the stormwater management system. The details and specific locations will be established during the SFWMD ERP permitting process.:3 ~_,.u c x~ ~',1 be taker~ to ;3:;urc '3lc ',., etland preserve areas <to aot become large-scale retention areas that damage the historical vegetation systems. In assuring that the v¥'etlands are not over hydrated, the upland areas xvill also be protected from flooding due to water retention tc the maximum extent ?ossible. The applicator agrees with the concjuston that reestablishment of hydroperiods will benefit both xxetland and upland species significantly, since these areas have been hxdro-logicalIT, impacted b,, or'fsite roads, canals, water supplieq agriculture, and onsite power easements and exotic infestation. U. The surface water management system will utilize revetment berms combined with weir structures designed to mimic hydroperiods for the site's native plant communities. The control elevations for the different basins will be based upon biological indicators for normal pool and seasonal high water levels. The h3droperiods will be designed by completing further analysis, during the SFWMD ERP permitting process, of the hydro-biological indicators. Further I-D-Il ~ ..... of the wetland system. aa. bb. CC. Wetland mitigation in the form of enhancement or restoration activities. Other management and'or enhancement activities deemed necessary to preserve, maintain, or enhance the natural qualities of the area.26 Existing potential forage areas for wood storks will be preserved and enhanced by the project. The proposed water management system with interconnected lakes and marshes, as well as the proposed tiered water levels within the 700 + acre wetland/upland enhancement preserve area, will act to increase the area of potential forage area and will extend the duration of the potential foraging season.27 The proposed on-site preserves will be enhanced and long-term management responsibilities, consistent with permit requirements of the South Florida Water Management District and Cc~rp,~; of gngineers, wd[ oe assumed by thc homeowne:s association or community development district. Long term protection of the preserves will be accomplished through recording of a conservation easement consistent with permit requirements of the SFWMD and Corps of Engineers. Drawdown pool features will be incorporated into portions of the littoral shelf slopes to sapplemenl wading bird foraging ~ppor'tunit~cs." It is anticipated that the post-development hydroperiods and seasonal water elevations of the enhanced wetlands will be enhanced through the prc?osed hydrologic e:~hancement pr,.'.gram. '[l~e fina! control elevations will be reviev,'ed and approved by South Florida Water Management District and will be set at an appropriate control flooding to the uplands within the large enhancement system and adjacen! off-site properties The v,'etlands v, ilt be inc,.'rpora~ed into. the surface v.'atcr management system to ensure continued ,.rater input. It is anticipated that the holding back of surface water from direct sheet flow run-offinto the U.S. 41 canal and the C.R. 951 canal will extend thc hydroperiod of the wetlands on and off site.>' Proposed control elevations will be set to provide sufficieflt amounts of water for the wetlands while minimizing flooding to upland areas. I-D- 13 i " gg. ii. jj. Provide deep water areas in the waterway with some meandering planting shelves in order to provide habitat and refuge for various species.32 The "Other Surface Waters" described in the application are man- made excavated areas. W1 and W2 are ditches that were excavated many years ago by Southern States Utilities and have been abandoned. W3 is the C.R. 951 canal that runs along County Road 951 and is proposed for preservation and the edge will be scalloped as an aesthetic enhancement at project entrances.33 The applicant is not committing to construct the referenced waterway along the south side of Sabal Palm Road. The potential for creation of a waterway on the south side of Sabal Palm Road refers to an opportunity for one of the agencies mentioned to design, construct and integrate a waterway with the project and the C.R. 951 Canal system. Currently water is damned north of Sabal Palm Road east of the property and then point discharged through a few culverts. This water could be captured and utilized to rehydrate wetlands east of the property (route excess water to the project wetland/upland enhancement area). The waterway would be independent of the project and is off the Winding Cypress property. The project could be designed to accommodate the waterway, but that specific design will have to occur in partnership with the agencies, if they so desire. during the SFWMD ERP process. At this point in time the applicant ,.,,'ill commit to explore the concept and work with the agencies, L, ut not construct a x,,aterv, a3' otl thc prope~t3 .'~ Another major component of the proposed mitigation plan is to alloxv off-site water flows, which currently go directly over the Henderson Creek ,~ei: during large storm events, to be routed o~:o the \Vinding Cypress site and retained to enhance, restore and stabilize the ILvdrology of tlne wetland system and reduce the existing large pulses of tmtreated slormw~ter to thc e>tuarx'. \Vinding Qvpress xtil! accommodate a diversion of the C.R. 951 Canal water to the U.S. 41 Car~?l. ~oxvard< the east. eventually leading to the spreader ?,'ales within [ idd~er's Creek. Dnis design will also help in reducing the large pulses of untreated stormwater)s Most of the re-routed flows xvill need to pass through the Fiddler's ('reek property via two outfall swales that have been designed by Collier Count~ Stormwater Management Division. These two I-D-15 ~ ~ ..... PP. Agricultural chemicals (fertilizers and pesticides) will be used for golf course and landscape maintenance. Golf course chemical use procedures have evolved over the past decade to greatly minimize any adverse impacts to the environment. Chemicals are used, for example, in a much more judicious manner and most, if not all chemicals now used, are either biodegradable or are readily absorbed by the soil, which minimizes migration into underlying aquifers. Agricultural chemicals would not be expected to migrate off the Winding Cypress development properties in quantities of regulatory concern. qq. In contrast to the past rapid drainage practices, modem development, including that proposed for the subject parcel, includes sophisticated surface and stormwater management practices that are designed to slow the stormwater discharges and thereby more closely mimic the treatment of water that occurs in a natural system. These techniques include dry and wet detention areas, storage and retention of storm water, increasing the length cf time and lravel of sto:.mwater rune, f!', and polishing of this Ireated runoff b3 slow' percolation and Iiltration through preserved and created natural areas prior to ultimate release to receiving water bodies. This slowing and retention of runoff effectively treats the water to a high degree through soil and particulate absorption, sedimentation, biologic fixation and assimilation, and biodegradation.4° Fr. Ibc applicant ,.x'dl m2t seek to restrict wi'&dra'~'als fi'om Marco Lakes. Marco Lakes is an existing permitted water user and there is no basis under SFWMD r'ales for thc appli~ant to seek a restriction of withdrawals from Marco Lakes. On the contrary, the applicant will have to demonswate during the permitting process that irrigation xx ithdrawais at Winding Cyprcqs ,,*.'ill not ,~dvcrse!~ impact existing permitted users, which includes Marco Lakes.4~ knoxvn areas susceptible to subsidence are located on this site. tr. Soil limitations or hazards will be considered and generally overcome by use of compacted fill. In limited areas, ;nuck removal may be necessaD' tbr a proper roadbed. Foundation systems designed for specific site conditions will be utilized for building areas where simpler methods are not appropriate. Water management lakes will have banks designed to prevent erosion and facilitate revegetation. Existing soil drainage characteristics will be considered in design of I-D-17 ~ bbb. CCC. the required water quantity storage volumes. Storm pipes, swales and overland flow will convey run-off to the storage areas. The control elevations for the system are based upon a combination of permitted control elevations in adjacent projects, canal control elevations, average wet season and seasonal high water indicators, wetland water level indicators, and available on-site groundwater table monitoring data. The post-development discharge rate for the system will be equal to the pre-development discharge rate." Any existing legal off-site flows from the east will be routed through the system to C.R. 951 canal via storm pipes and/or swales. Proposed improvements will consist of the following: 1) The addition of two (2) East-West revetments within the property that will create a series of natural wetland preserve cascading reservoirs. The East-West revetments will have weirs that control elevations within wetland preserves and amounts of flow from each natural recharge area. 2) The construction of revetment berms along the C.R. 951 canal, the U.S. 41 canal and the adjacent, improved agricultural lands to the east of the property will enhance the retention of surface water within the existing wetlands. The berms will prevent water from draining directly into the canals, drawing down the localized water table and draining the wetlands. The construction of waterway and control structures designed to direct excess water from the Henderson Creek watershed north of Sabal Palm Road through the Winding Cypress sur2~ :c v,,atc~ nqa,~agc~nent ~)stem. This ',vaterx~'ay xxiii eh:er a lake spreader prior to entering the natural wetland preserve cascading reservoirs. The excess water xvill back up into the lakes and increase the rec}'arge area)~ The proposed surface water management svstem will provide additional ground x~ater recharge of the surficml aquilbr and e~cement of the wetland system by reducing the disch~ge to tidal waters via moderated detention. The staging of ~e freshwater on site will increase the amount of groundwater recharge into the surficiat aquilkr and will capture thc excess rainfall during the du season. The detention of the freshwater flows generated within the nonhero reach of the watershed will reduce the freshwater "shocking" I-D-19 ~--' fff. ggg. hhh. The surface water circulation in the lake system should prevent stagnation of surface water in the lake system. The following physical processes will drive circulation: wind, density currents, precipitation, and stormwater runoff overland flow.47 The timing and pattern of water flows between pre- and post- development conditions are not expected to significantly change for the following reasons: 1) The post-development, 25-year, 3-day storm event is attenuated by the construction of surface water management lakes and water control structures to limit post-development runoff to pre-development rates. This design method matches the pre- and post-development runoff hydrographs as closely as possible, given the control structure design limitations; 2) The existing watershed boundaries are being maintained to the maximum extent possible: and 3) Off-site runoff entering the project in the pre-development state will be discharged through or around the proposed surface water management system.48 The following best management practices will be incorporated in the surface water management design to minimize an increase in runoff f~om the project and thc de~rndation of water quality in t!;e receiving water body: 1) Littoral zones will be planted in the lakes, with the length of the littoral zones set pursuant to Collier County, SFWMD and U.S Army Cc:-ps of Engineers criteria; 2) The first flush of runoff will be detained in surface water :7 m::~:c:ncn' !~&e ;, ..,.t-..erein ,~ater ct.L.d~tv treatment., ~, provided: the design of the water quality treatment thcilities will be in acc,~rdance wilh SFWMD best management- practices; 3') The post-development 25-year, 3-day storm event discharge wilt be limited to pre-development rates, the storm event will be attenuated within the surface water management lakes and wetlands and discharged by surface water control structures: the design of the water quantity facilities will be in I-D-21 ..... ,x Development Approval, Under Section 380.06, Florida Statutes, Prepared for: Barton Collier Company, Prepared by: Wilson, Miller, August 1998 (ADA), p. 10-5. Revised Master Map submitted Jul~y 26, 1999 by letter from Alan Reynolds. ADA, p. 10-4, 13-1. ADA, p. 13-5, and South Florida Water Management District, Winding Cypress, DRi No. 98-426 (District), p. 10. ADA, p. 19-1. ADA, p. 13-5, 13-6. ADA, p. 19-1 through 19-3. Winding Cypress Development of Regional Impact, Sufficiency Response, Barron Collier Cumpany. January 22, 1999 (First Sufficiency). DRI Map I-2, "Master Drainage Plan". First Sufficiency, p. 9-2, and Winding Cypress Development of Regional Impact, Second Sufficiency Response, prepared for: Barton Collier Company, prepared by: WilsonMiller, June 11, 1999 (Second Sufficiency, p. 9-1 through 9-3. Sc~.~ ltd SctflTcicncy, p. %I tki~ u?h %3. Second Sufficiency, Letter from Clarence S. Tears, Jr., Director, Big Cypress Basin. South Florida Water Management District, to Stephen .',,..x.!eap, s, P F.. Vice President, \Viis, m. Miller, Incorporated, April 6, 1999. :IDA. Map A, "I ocation Map", and District, p. I0. First Sufficiency. DRI Map 1-2. "Master Drainage Plan". Letter from K. Greg Niles, Community Development Director, City of Marco island, to Glenn E. Heath, Senior Planner/Assistant DRI Coordinator, Southwest Florida Regional Planning Council, July 7, 1999, and District, p. 10. First Sufficiency, p. 9-2. I-D-23 38 39 4O 42 43 44 45 47 48 49 50 52 ADA, p. 14-34. First Sufficiency, p. 14-1. Second Sufficiency, p. 14-1. Second Sufficiency, p. 14-2. ADA, p. 15-2. ADA p. 16-1. ADA p. 19-2. ADA. p. 19-3. ADA. p. 19-4. ADA. p. 19-7. ADA. p. 19-7, 19-8. ADA. p. 19-8. ADA, p. 19-10. First Sufficiencs, p. 19-1. First Sufficiency, p. 19-3. I-D-25 E. TRANSPORTATION 1. Project Impact a. Applicant Development Parameter Estimate The Winding Cypress Project (the Project) is a planned mixed-use development located in south Collier County. The project is situated on the east side of County Road (CR) 951, just north of U.S. 41 (East Tamiami Trail). Map E-1 depicts the project location. Direct access to the Project will be provided via two entrances on CR 951. The project will be primarily a residential development, with support recreational and retail uses. Winding Cypress will contain 2,910 dwelling units, 45 holes of golf, ancillary park/recreational amenities, and a community center within the development. The community or village center will include 10,000 square feet each of retail, office and recreation uses to sepce the project's residents. The uses and recreational facilities in the Winding Cypress Village Center will not be accessible to the general public due to the gated nature of the Project. The services and associated employment are being structured to provide greater internal trip making and promote independence from the automobile. The retail uses may include a small general store, a dry, cleaning pick-up/drop offsite, a caf& or similar neighborhood convenience retail uses. It is currently anticipated that the project will be a two-phase development with the first phase ending in 2004 and build out in year 2008.The Project's development parameters are as Xbllows: Table E- 1 Project Development Parameters I.and .~se : l::~sc, t2(!~; ,) Phase II (2008) 1. '!oral Single-family 250 D.U. 150 D.U.--[ 400 D.U. .Multi-family 1,350 D.U. 1,160 D.U. I 2.510 D.U. General Retail 5,000 sq. ft. 5,000 sq. ft. [~ 10,000 sq. ft. (7;c::cral Off]ce 5.0t)0 sq. ft. 5,(~00 sq. ft.I 10,00O sc1. It. Recreation Center 5.V00 sq. Ft. 5,000 sq. ft. i i0.000 sct. ft. Sales Center 4.000 sq. ft. 0 ] 4,000 sq. fl. Holes 18 Holes [ 45 Holes The above parameters ~'orm the basis for the project impacts and mitigation requirements c,)n:a:.:'..e~ her,.'~n I'hc assumed land uses associated witi~ the general parameters identified by the Land Use Code (LUC) from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition. While approved zoning categories may allow a wider range of uses, from a DRI standpoint, the project impacts are based on the above P/.lrat12k ters and ;,ss,lined t.:ses. Any significant change in the assumed uses or mix of uses will require a re-evaluation of t~e DRI transportation impacts. A, significant change is one that would increase the external project traffic by 5% or more or that would significantly change the projected distribution and assignment of project traffic, so as to result in additional significantly and adversely impacted roadway links. b. Project Trip Generation Consistent with the current SWFRPC assessment methodology, project trip generation ,,vas based on data contained in the ITE Trip Generation Manual (6'~' Edition) and methods of analysis recommended in the Institute of Transportation Engineers Trip Generation Handbook. The methodology described in Section 4.12 of FDOT's Site Impact handbook was used to incorporate the ITE trip generation estimate for the project into the Collier County model in a separate zone created for the Project (TAZ 420). The Project's ITE external trip generation (total trips minus internal) were represented in the model as a special generator in the ZDATA3 file. A separate traffic analysis zone was created to represent Winding Cypress. A select zone analysis was conducted to determine the daily traffic volumes on each roadway segment that enter and exit Winding Cypress. The total external ITE--based trip ger, eration was compared with the total external trip generation from the m,.)del. Ihc trip comparison is depicted in table E-2 below. E-2 Trip Generation Comparison Net Nexv External Daily Trips i lTE FSUTMS I Phas~I (2004) i 7,678 7,680 t i ha:;e I1 (2008) ti 11,608 I I 1,604 Project ITE Trip Generation The total daily, and p.m. peak hour ITE trip generation calculations for the planned uses and phases are summarized on the following page for Winding Cypress in Table E-3. !-E-2 Background and Total Traffic The DRI transportation assessment is performed to identify the project's study area, general area of significant impact, right of way reservation requirements, and recommended roadway improvements to support this and other area developments through build out. To determine the study area for the Project a select zone analysis was conducted to determine the daily traffic volumes on each roadway segment that enter (and exit) Winding Cypress. Total trips and project trips were primarily assigned to various areas using the Naples/Collier County FSUTMS travel demand model. The distributed trips are initially assigned to the most direct routes between the origin and destination. FSUTMS also has an equilibrium function where traffic is assigned away from congested routes. The applicant's consultant estimated future traffic volumes with and without the Winding Cypress DRI. In the ADA and Sufficiency Response, the applicant's consultant indicated that adjustments were made to the socio-econoic data to reflect existing conditions and approved development in the study area. The changes to the zonal data made by the consultant were limited to five zones and resulted in no net reduction in employment in the area. First, the number of residential units in TAZ 366 was reduced because the project takes ~p most of this zone. Second. a rexiew of the ZDATA 2 file revealed a number of discrepancies in the employment data in the vicinity of Winding Cypress. The reallocation of population and employment around the vicinity of the project is consistent with the Collier CounU' Growth Management Plan. In accordance with the S%TRPC methodology and as outlined in the FDOT Site Impact Handbook, the number of background trips on each roadway segment are calculated by s~:b'.racting the pr2iect trips l¥om the total trips using FSUTMS. The FSUTMS anah'sis based trip generation for daih' volumes is based on weekday trips the DRI analysis is based on cunditions during the P.M. Peak hour. Therefore, the PSWDT for the project mus~ be manual'.v convened to peak hour project traffic in order to evaluate results for the P.~,i. ino~: adopted lexel of sen'ice The SutlSciency document reports the consultant's use of a PS~k'DT.',&ADT scasonai factor of t.18 derived from the f:DO2 1997 Peak Season Factor t',~:czep: Repo~7 {cate~ou 300. Collier County-wide) and a KI00 factor of 0.0978 tkom the }tighest Hour Report Ibr FDOT pem~anent Count Station 94. Consultant derived Table 21- J)-5 ,R.' ,c,:~ a:ld ,~b:c l-D-0 ~.R:','ised} Txvo-Wav Peak Hota'. Peak Season Traffic Conditions with Project list project peak Hour volumes by roadway segment. Map , ~p .t> t'r,3iec': t DRi and total :;alI~c f,)r 2004. ' ~ . .,',np E-o depicts pr,dccted DRi and total traffic tbr 2008. ! -E-5 39 1960 : .?'14070_ - 4,17 3530 ~7 -5290- 4060 -4670- 1150 97 ~220- 980 -~22'9- 132 5490 -4670- 344 -4070- :02 4230 -7430- 2940 -4070- 274 3230 -4070- 62 4;50 -3335- --- LEGEND TWO-WAY PEAK HOUR 39 DRt TRAFFIC 1960 TOTAL TRAFFIC -4070- ADOPTED LOS CAPACITY WE x, D I N 6 CYPRESS 46 .~93 CYPRESS DR1 i'RA~-'/iC C. OI'qDITiONS. I 2004 !-E-9 d. Significance and Adversity Test While analysis of total external trips provides an indication of the potential impact of the project on external roadways, it does not indicate the roadway segments that will be significantly and adversely impacted by the project. Under the Uniform Standard Transportation Rule, a roadway is significantly impacted if the development utilizes five percent or more of the adopted peak hour level of service maximum service volume for that roadway segment. The percentage impact is calculated as the DRI peak hour trips divided by the service volume on a given roadway segment. The study area roadway segments and their percent significant are summarized in the Table 21-D-5 (Revised) and Table 21-6 (Revised) mentioned above. Adverse impact is measured based on the level of service standards of the Collier County Growth Management Plan, except for FIHS roads. A roadway link is considered adversely impacted if total traffic exceeds the adopted peak hour level of service maximum service volume for that link. According to the staff assessment, the Winding Cypress project will _no_L"significantly and adversely" impact the surrounding existing plus committed ~E+C~ road s~ stem. Table 21.A-3 COMMITTED ROADWAY IMPROVEMENTS lists the roadway improvements in the vicinity of the Winding Cypress project. Map E-4 depicts the existing roadx~ a>' netv,'ork. Map E-5 depicts the roadway capacity improvements in the vicinity of the project. 1-E-Il LEGEND lr_~i 5q-i N G ROADWAY COI~I~ rF'rED t~PROVEUE~,n-S WINDING CYPRESS DRI APPLICATION FOR DEVELOPMENT APPROVAL QUESTION 21. TRANSPORTATION COMMI-I-I-ED ROADWAY IMPROVEMENTS I-E-13 97603 TABLE 21.F-1 (REVISED) INTERSECTION IMPROVEMENTS 2004 Intersection CR 951/Davis Boulevard CR 95 I/Rattlesnake Hammock Road CR 951/Grand Lely Dr./N. Project Entrance CR 951/S. Project Entrance US 41/CR 951/SR 951 US 41/Henderson Dr./E. Project Entrance c~o trio ~es' * Site-related improvement. Improvement NOTE: A number of different combinations of at-grade improvements were tested and found to achieve LOS "D" at this intersection. These include: a NB dual left-turn lane and EB tight-turn lane. N/A NB Right-Tm Lane* SB Left-Turn Lane* WB Left-Turn Lane* '9,:B R_ight-Turn Lane* Change EB Left to EB Left-Thru Lane* Signalization, If Warranted NB R/ght-Tum Lane* SB Left-Tm Lane* WB Left-Turn Lane* WB Right-Turn Lane* o~gnanz, ation, !: V,.'a. rrantcd NOTE: A number of different combinations of at-grade intersection i:np:ovc:'nents ,,vc:~ te~::cd ~:d fo~:,J :,, achieve LOS "D" at 'dis intersection. These include: EB and WB dual left-mm lanes, with a SD fight-mm lane. EB Right-Turn ][.:me EB Left-Tm Lane' WB Left-Turn Lane WB Right-Turn Lane* SB Left-Thru Lane* SB Right-Turn Lane* Signalization, If Warranted I-E-15 TABLE 21.F-2 (REVISED) (Continued~. INTERSECTION IMPROVEMENTS 2008 Intersection Improvement US 41/Henderson Dr./E. Project Entrance EB Right-Turn Lane EB Left-Turn Lane* WB Left-Turn Lane WB Right-Turn Lane* SB Left-Thru Lane* SB Right-Turn Lane* NB Left-Turn Lane Signalization, If Warranted Footnote: *Site-related improvement. 1-E-iV TABLE 21.D-8 (REVISED) INTERSECTION CAPACITY ANALYSIS FUTURE 2008 TRAFFIC CONDITIONS WITH PROJECT PM PEAK HOUR, PEAK SEASON Intersection CR 95 liDavis Boulevard(21 Level of Service Without With Improvement o> Improvement F D CR 95 I/Rattlesnake Hammock Road(2) CR 951/Grand Lely Drive/N. Project Entrance CR 951/S. Pro;eot Fn~)?nce US 41/CR 951/SR 951 US 41/Henderson Drive/E. Project Entrance C E/F F A/F N/A D D D (1) With E*C network only. (2) Signalized intersection. (3) Unsignalized intersection - LOS (major stre¢ffminor street). (4) Pla. nning method analysis. Annual Transportation Monitoring Report Design of Monitoring Program The transportation monitoring program will be designed in cooperation with the Collier County Department of Transportation, the Florida Department of Transportation (FDOT), the Southwest Florida Regional Planning Council (SWFRPC), and the Florida Department of Community Affairs (FDCA) prior to submittal of the first report. The methodology of the annual transportation monitoring report may be revised if agreed upon by all parties. Submittal of Monitoring Report The Developer must submit an annual transportation monitoring report to the following entities for review and approval: Collier County Department of Transportation, FDOT, FDCA. and SWFRPC. The first monitoring report will be submitted one year after the effective date of the DRI Development Order. The Developer must provide written notice to the above review agencies if he concludes that a traffic monitr, ring report_ is not required because no traffic impacts have been created. Once an annual transportation momtoring report has been submitted, a report must be submitted annually thereafter. Minimum Requirements for Report Contents At a minimum, the monitoring report will measure the project's actual external roadway impacts and the lexcl of service conditions on the impacted roads and intersectk,ns, and determine the qmin.4 for needed improvements. The annual traI:.ic mo~itoring report must also contain the follo~ving information: P..XI. peak hour traffic counts with turning movements at the project's access points on CR 951 and US 41and on the external road segments and intersections identiI~ed i:', Paragraph E.3. :\ comparison of field measured project traffic volumes to the project trip ~er~eration ass'mlect in tile DRI analysis. Tile Developer will need to specifV in the ~.vth(,doio,,v i~ox,, thc internal intcrac;.iol-, x~ll be mea.surcd. Estima~.cd ex~stiag levels of service and needed improvc~nents for thc road~, and' intersections specified above. Estimated fl~ture levels of service and needed improvements for the roads and intersections above, based on a one-year projection of future volumes. I-E-21 F. VEGETATION AND WILDLIFE/WETLANDS 1. Project Impact Based on the vegetation analysis summary within the ADA, approximately 41.4% (803.55 acres) of the site consist of wetlands, primarily forested wetlands, cypress, cypress-pine- cabbage palm, vegetated non-forested wetlands, and pine canopy with graminoid understory.~ The remaining 58.6% (1,136.45 acres) of the site occurs as various types of uplands. Table F-1 provided in the ADA summarizes the land use/vegetation types that occur on the site. Wetland Impacts Wetlands on the site have been altered and/or disturbed in the past. Types of alterations and disturbances include: severance from historic connections to other wetlands systems: logging activities, hunting trails, blinds, and cabin, FPL transmission lines, adjacent land uses, US 41 and CR 951 Canal, cattle grazing and invasion of exotic species.: Currently, thirty wetlands totaling approximately 803.55 acres or about 41.4 percent of the site was determined to be SFWMD jurisdictional wetlands with an additional 15.59 acres being considered ,:,thc: surtacc ~aters m three maas) It is anticipate.~t that apFroximately 653 acres of jurisdictional wetlands will be preserved and enhanced on the site, which represents roughly 81.4 percent of the wetland acreage (see Map F-l). It is also anticipated that about 11.5 acres of other surface waters will be presetwed on site.4 An estimated 150.66 acres of SFWMD jurisdictional wetlands are proposed to be filled and excavated,s According to a sufficiency question from the SFWMD only 1.5 acres of the preserved wetiar, d3 exhibit more than 50% exotic infestation, implying that thc applicants proposed m,tig::~ion to ~cmoxc exotics mid incp2asc th',: hydroperiod iii preserved x~ctland a~eas may not be sufficient compensation for wetland impacts) According to the applicant, mitigation for wetland impacts is to enhance and preserve 700 acres including a diverse range of wetlands and uplands plant communities. The wetland/upland enhancement and preserve area will have greater habitat value and 2~nction compxed to enhancing and p~eservi:;g ::;n~..~l! fl-agmented patches of habitat throughout the DRI. Another major component of ti~e proposed mitigation plan (discussed in more detail in the Stormwater Management Sectionl is to al!oxY off-site water t'l.~vYs, which ctwrently go directly over the Henderqon Creek weir daring large storm events, to be routed onto the Winding Cypress site anti retained to enhance, restore and stabilize the hydrology of the wetland system and reduce the existing large pulses of uritreated stormwarer to the estuary of Rookery Bay. \Vinding (/.','press will accommodate a diversion of the CR 951 Canal water to the US 41 Lanai, towards the east. eventually leading to the spreader swales within Fiddler's Creek. This design ,,,,'ill also help in red'acing the large pulses of untreated stormwater. The application continues to state that levels ofmelaleuca infestation into transitional wetlands will continue to increase over time without active intervention and removal efforts. Other mitigation measures will include I-F-1 MAP F-1 11 tl II II II I I PI:~SERVATION AND I='-~H.N~CEMENT AREAS WINDING CYPRESS ~E~A~ED ~ BA,~ON COLLr~ COMPA~f I-F-3 appropriate gopher tortoise permitting through the Florida Game and Freshwater Fish Commission (GFC) should be feasible without a significant impact to the species. The habitats of the listed wading birds and the alligator will be enhanced due to the projects proposed conservation of wetlands and uplands (713 acres) combined with the construction of new aquatic habitats formed by the proposed surface water management lakes. 2. Remedial Actions The FFWCC provided comments for inclusion in the development order in an effort to further enhance v, ildlife habitats for the listed species found on the DILl site. In summary, the FFWCC concludes that residential development, lake excavation, and roadways fragment the proposed site plan preserve acreage. During pre-application review, the FFWCC recommended that the site plan be modified to move the residential areas and concomitant infrastructure to the northern, already impacted portions of the site, and place the golf course features within the development pods of the preserve areas. This would provide for the project's avowed goals of providing on-site habitat and corridor connects between the Bell- Meade CARL project and the Rookery Bay National Estuarine Research Reserve. The applicant continues to choose to retain the plan design that fragments and impacts the proposed onsite preserve as habitat for the wide-ranging listed species, and eliminates the proposed !andsc,q:e connectioi~ a:iy;crt~:d by the ,q>plicant.~3 Therefore, thc FF\VCC recommends the follo,,ving conditions to mitigated wildlife impacts. Habitat impacts to Florida panther and Black bear shall be offset and assessed in terms of the type and function of the forested habitat onsite and contribution of other types of habitat such as freshwater marshes to the support of wide ranging species (including prey species). \Vti,lii?'c t~i:dcrcrossi~gs and l~ncing de~,igns for road~'a', s crossings o£ti~e preser, e areas shall be constructed, the location and designs of which must be approved by the FFWCC prior to crossing the preserve areas. Prior to adoption of ~}~e Collier Cotmty Development Order the proposed draft wildlife management plan must receive approval from the FFWCC with the necessary provisions to address habitat needs of the Big Cypress Fox Squirrel. Florida Pz~nther and Black Bear. 3. Applicant Commitments A minimum of 713 acres of wetland and upland enhancement preserve area shall remain in conservation areas post development.~4 b. A conservation easement shall be placed over all conservation areas,ts I-F-5 G. WASTEWATER MANAGEMENT/WATER SUPPLY Project Impact a. Potable Water Demand The Winding Cypress Development of Regional Impact is expected to be provided with potable water service by Collier County Utilities. ~ County Utilities has indicated. and the South Florida Water Management District has confirmed, that adequate treatment capacity for the development is currently available. Service will be provided through existing mains, located along U.S. 41 and County Road 951.2 The projected potable water demand, at buildout, for Winding Cypress will be 778.000 gallons per da3'. or 0.778 MGD.~ TABLE D- 1 POTABLE WATER DEMAND RATES4 x';~ ..... 'Tenter Clubhouse 30.000 Sq. Ft. 1.100 members 0.1 GPD/Sq. Ft. 25 GPD/ Member .3,000 0.003 27,500 0.0275 Total -- -- 778.000 0.778 Rates utilized in tine pro ections xx'ere based upon Collier County Utilities reports and Nlaster Plans. and Chapter 64E-6. Florida Administrative Code ~ b. Non-Potable Water Demand The \Vinding Cy'press DRI's non-potable water demand is planned to be met through the use ora combination of surthce water (from project lakes), groundw'ater (from the surficial aquifer) and the County's vvas~ewater reuse system. However, Collier Countx Utilities has indicated that sufficient reuse capacity for the project is not currently available. Onsite lake water will be used for a non-potable water source, until such time as reuse v,'ater is available.~ The only use discussed bv the applicant for non- A cumulative impact model will be required upon permit application. This model shall include withdrawals from surface water, the surficial aquifer, and the Lower Tamiami aquifer by all existing legal users in the vicinity of the Winding Cypress Development. The application shall include all related input and output files. This model will be used to determine potential adverse impacts to the safe yield of each source, existing legal users, legal domestic users, the lateral migration of the saline water interface, potential impacts to existing wetlands, and possible sources of pollution. The project shall obtain potable water, wastewater treatment and, eventually non-potable water, from Collier County Utilities, if Collier County Utilities determines that it has sufficient capacity to serve the project. Shall Collier County Utilities detemfine that it does not have sufficient capacity to serve the project, the applicant shall either construct interim potable water, wastev,'ater treatment and/or non-potable water facilities, or shall postpone development until such time as Collier County Utilities' service capacity is available to the project. Any interim facilities constructed by the applicant shall be constructed to Collier County Utilities Standards, and shall be dismantled, at the applicant's expense, upon connection to the Collier County Utilities facilities. V~'hether potable water, v, astewatcr treatment and/or non-po',able water facilities are provided onsite or offsite, the applicant shall demonstrate to Collier County that adequate capacity is available at the time of final plan submittal. As the Winding Cypress DRI intends to utilize treated effluent for irrigation. the applicant shall ensure that any onsite lakes, preserved or created wetlands, and the qonnwater management system are adequately buffered from possible effluent c,,ntamination Temporary septic systems may be utilized in conjunction with construction and sales offices and model homes. Septic systems shall not be alloxved onsite, other than for construction and sales offices and model ho~nes. Ali temporar5 septic systems shall De properly abandoned and/or removed by a licensed septic system finn at the time when permanent or interim wastewater tn.a:n~onz iL:cili~ies c,.n~c onlir~e. All construction plans, technical specifications, and proposed plats, as applicable, for the proposed water distribution and wastewater collection systems, and any possible onsite treatment facilities, shall be reviewed and approved by Collier County Utilities prior to commencement of construction. All potable water facilities, including any possible onsite potable water treatment plant, shall be properly sized to supply average and peak daf' I-G-3 utilized for irrigation withdrawals. This supply source is located away from environmentally sensitive areas and away from existing water users. Recharge of the lake system may occur from the C.R. V51 canal, the on-site waterway, and from groundwater sources. Preliminary modeling of the proposed lake system withdrawal without any canal or well recharge indicates that less than 0.5 feet of drawdown would occur to any existing water use or proposed wetland enhancement area. Based on an extensive analysis of the water resources on and surrounding the project, no adverse impacts to the aquifer system, existing legal users, and wetland areas will occur. ~s Irrigation of golf course areas will be computer monitored to control evapotranspiration, ensuring efficient watering. Irrigation will be limited to the hours between dusk and dawn to reduce the amount of water lost to evaporation. Production well locations will be selected to minimize interference drawdown between the wells and drawdown beneath onsite or adjacent wetland areas. ~ SFWMD has design criteria, which limits uses in the vicinity of public raw water supplies. Applying the criteria along with the BMPs addressed in the respon>e to d',e D,2F:mn~cm e?Environmentai Protection Question 10, item I, will buffer the existing Florida Water Services pit. ~7 The Winding Cypress development would not be a source of contamination Ibr %larco Lakes.~s The applicant will not seek to restrict withdrawals from Marco Lakes. Marco Lakes is an existing permitted water user and there is no basis under SF~MD :ulcs iui thc tpp!i~.a~:t i., ,:c';: a ~'~.strit. tiou o£ ~ ithdl :,~ als/;~c,;i'~ Marco I.akes. On the contrary, the applicant will have to demonstrate during the permitting process that irrigation withdrawals at Winding Cypress will not adversely impact existing permitted users, which includes Marco Lakes.~° The estimated potable demand, at full occupancy, average daily flor< \Vinding Cypress is 778~000 gallons per day or 0.778 MGD. The estimated non-potabLe water demand, at peak month average daily flow. at buildout, is approximately 2.500.000 gallons per day, or 2.5 .XlGI).:~ All non-potable demands are anticipated to be for irrigation only. Potable demands are based upon buildout projections of residential units, village center, and project amenities. 2: I-G-5 Collier County will operate and maintain the potable water distribution systems. The irrigation systems will be operated and maintained by a homeowners association(s) or Community Development District.26 The proposed groundwater withdrawals at the project site (if re-use water is not available) would not adversely impact the San Carlos Wellfield, the surface environment, or any other legal user.25 Service interruptions and/or deficiencies are not anticipated. aa. bb. CC. dd. ce. For the purpose of potable water conservation, Winding Cypress shall utilize low water use plumbing fixtures and other water conserving devices. Reductions in usage will vary by type and manufacturer of plumbing fixtures. For the purpose of non-potable water conservation, Winding Cypress shall implement xeriscape principles and drought tolerant plant usage in landscape design. project lies entirely ,.vitifin Collier County's water service area.27 No specific production wells are projected at this time. If wells were subsequently determined to be needed, they would tap the shallow portion of the Tamiami Aquifer in the north portion of the project site. Recycled effluent is currently not available from Collier County' Utilities. A propc~sed po~lion of tt~e non-potable irrigation demands could be met using aVmhlbic.' elh~::nt when it bccc,i'~e:.~ ' ' No structural modifications bi,' off'site potable water suppliers would be necessary.>~ 'I he Surficial Aquifer System is the planned primary source for irrigation withdrawals. \Vithdrawals ,,,,'ill likely be made. with surface water pumps, Ir,,~n ~h.e lake -~vstem. Depc,~:ding on the fi~al ir,,'ignti m demands de~cm~ined during the ,a'ater use permitting process, additional ~ources may be utilized. Thc,c may include well withdrawals from the Tamiami Aquifer and/or deeper.. sou::cs :o be used lbr blending purposes. Professional acceptable xeriscape principles established in consultation with ~'he guidelines from publications such as SFWMD Xcriscape Plant Guide and Native Trees for South Florida (IFAS) will be used)° I-G-7 12 13 14 10 19 20 ADA, p. 10-8. ADA, p. 10-8, 10-9. ADA, p. 10-10. ADA, p. 10-14. ADA, p. 14-34. First Sufficiency, p. 14-1. Second Su£ficiency, p. 14-1. Second Sufficiency. p. 14-2. ADA, Revised p. 17-2, submitted at Regional staff request, on October 6. 1999. AD.-\, p. 17-1, 17-3. ADA, p. 17-1. .ADA, p. 17-2. AD:\. p. 17-3. .\D.\,p !7 ',. ADA, p. 17-5. AD.K, p. 17-6. ADA. p. 17-7. \D.\. p. 17-8. First Sufficienc,x, p. 1 7-1. ADA, p. 18-1. AD:X, p. 18-2. I-G-9 H. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN 1. Project Impact An assessment of the DRI's land uses indicates that the project is consistent with the Future Land Use Element of the Collier County Growth Management Plan and Land Development Regulations. The project is located within the Urban Residential Fringe Subdistrict of the Urban Mixed Use District. Remedial Action Prior to any development order being issued, Collier County shall determine if the project is consistent with the Comprehensive Plan and whether the project's phasing is consistent with the County's Concurrency Management Plan. 3. Applicant Commitment N/A I-H-1 I. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN Staff has described regional impacts within the previous section of this report. Staff has then related those impacts to the regional plan DRi review list and has prepared the following plan consistency checklist. Staff finds that without appropriate mitigation actions and conditions the project will have a net negative impact on the regional resources and infrastructure. The regional recommendations presented within this assessment are intended to neutralize the negative and questionable impacts. 1-I-1 Goal 11-7: Goal 11-12: Furthers Yes No The public facilities and services needed for economic development in existing ruralX communities will continue to improve, consistent wi th envi ronmen t a 1 protection. The rural areas of the Region will receive or develop increased and X improved opportunities for rural residents. SRPP* See Comments Goal II-13: Goal ii-14: Goal 11-16: Goal II-!7: Future water supply sources will be identified and protected. ?he natural resources essential to the overall development of the Region will be identified and protected. X X Access to cultural and historical resources and X programs wi].= increase at a fasb.er rate t hen population growth. There will be no further X loss of significant h i s i~ o r i c a 1 a n d archaeo!cgical resources. beach~s and open wa2ers of the Region will cenSin~al!y improve. I-I-3 Goal !II-3: Goal III-4: Goal 111-5: Furthers SRPP* See Yes No Comments There will be adequate shelter space within each mobile home park outside of the Category 1 surge zone to accommodate those who do not want to evacuate outside their community. There will be designated refuge space in condominium and apartment complexes outside of the x Category 2 zone, but within the Category 5 zone. Projected evacuation times will be regularly reduced from 1985 levels, and by 2010, evacuation times will not exceed 18 hours in any part of rue Region. X Goal 111-6: Goal Projected shelter deficits will be regularly reduced, resulting in adequate shelter space by 2010; and, the floor level of X new shelters will be cc~structed above the Category ~ storm surge level. Ail sites that generate, use, or store significant amounts of hazardous materials <including wastesl shall have appropriate ~!ans to manage spills or releases, and appropriate X c~-c?ei~res for safely disposing '.~nneeded mazeriais. !-I-5 Goal Goal IV-5: IV-6: Furthers Yes No From 1995, protect groundwater resources from dep!etion and contamination through X appropriate regulatory and incent ire programs. By October, 2005, 75% of local governments will have programs, based on scientific modeling, to protect potable water wells, wellfields and contributing areas from contamination. Ail effluent will meet or be X better than all pertinent state water quality standards. SRPP* See Comments 2 Goal Goal Goal Goal IV-7: IV-8: IV-9: iV-II: Improper disposal of special X and hazardous wastes will cease throughout the Region. Declining trends in quality and quantity of coastal resources will reverse due to the success X of pollution control measures and restoration efforts. Public access to the Region's beaches will be increased, from 1995 on, to meet the demands i-lac~d by a gro...'i~g ~opui~tion, conslstent with long-term hah'~ t~_at sustainabi!ity. After ' 995, the length of shot ~=_n_4 ~ wi~. d~lne systems will increa, se . After 1995, no fursher loss of sea ~ur%le nesting sites will occur and available nesti..g si5es will be increased. i-I-7 Regional Goal V-i: Goal Goal V-3: _~o 1 V-4: ,Seal V-12: Furthers Yes No Transportation Road construction and X prioritization programs, and alternative modes analyses, shall ensure that evacuation times in coastal regions will decline with no evacuation times in the Region exceeding 18 hours by 20!0. By 2000, takings of structures in right-of-way acquisition X will be reduced by 50% on a per mile basis over that of 1990. Local governments will X encourage mixed land uses to reduce the need for excessive travel for everyday needs. By 2010, 95% of the Region's roadways wLi1 be operating at X the adopted LOS of that facility. By 2000, each city of 10,000 population and each urban counny will use transporuanion models as part of their major land use decision process. By 2000, 5% of work trips will Le meu ll.~s~gn ~rahsi%, carpooting, or other high- occupancy vehicle mode ef Yransportatien. X Each community shall have reasonable access to a regional X -ranspor[ation sysnem than -n- ~c~es highway, air, mnss -ranspor[asion modes. Transpor%a5 zon planning programs will address the X seasonal nature of the Region due to tourism and agricultural production. SRPP* See Comments I-I-9 APPENDIX II LOCAL ISSUES ANALYSIS A. POLICE AND FIRE PROTECTION 1. Project Impact Winding Cypress law enforcement demands are under Collier County Sheriff's jurisdiction. Sheriff Don Hunter noted in a letter dated, August 10, 1998, that the Sheriff's Office present facilities and personnel are capable of serving the project at this time.~ Fire protective needs will be provided by the East Naples Fire District? Remedial Action To assure the project does not dilute the deliver>' of service from adjacent County substations, the applicant should continue to meet with the Sheriffs Department to establish programs and incorporate crime prevention measures during each phase of the site development process. Fire protection should be provided according to existing standards or fire flow criteria promulg2ted by Collier County or recommended guidelines developed (%' ihc National Fire Protection Association. Facilities quali~ing under the Superfund Amendments Reauthorization Act (SARA) Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, shall file hazardous materials reporting applications in accordance with sections 302, 303,304, 311, 312, or 313. Applications shall be updated annually by each reporting facility. .Applicant Commitment References \D~\. p:~ge ADA, page 25-i ii-A-1 Applicant Commitment The applicant should incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume with practices such as conservation, recycling, trash compaction, and mechanical shredding.2 Any business found within the development that generates hazardous waste should be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such business. However, there should be no siting of hazardous waste storage facilities contrary to the Collier County Zoning Regulations.3 The project should be bound by all applicable recycling requirements in effect in Collier County at the time of the development? Any buildings where hazardous materials or wastes are to be used, displayed, bandied, generated or stored should be constructed with impervious floor~, with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water,s Discharge of hazardous waste effluent into the sewage system should be prohibited unless approved by permit issued by the Florida Department of Enviromnental Protection.~ References ADA, page 20-1 Ibid., page 20-2 Ibid., page 20-2 Ibid., page 20-2 Ibid.. page 20-2 iO~d., page 20-2 Ii-A-3 APPENDIX III DRAFT DEVELOPMENT ORDER DEVELOPPtENT ORDER FOR ' (Pro,~ ec ~. ~,~,~ ) A DEVELOPMENT OF REGIONAL IMPACT (pile Number) '. "' ' LET IT KNOWN, THAT, PORSUANT TO SECTZO~ 380.06, OF THE FLORZDA STATUTES, THE (local governing body) OF (local governs_hr with ~uris- diction), HAS HEARD, AT A PUBLIC HEARING CONVENED ON (dat~ of public heari.n~), THE APPr-ICATION FOR DEVELOPH£NT APPROVAL FOR ~pro~ect name), WHICH CONSISTS OF (acreage) TO BE DEVELOPED IN THE MANNER DESCRIBED IN THE 'APPLICATION FILED BY (name of applicant(s), (owner) (authorized . representa%lve), FOR SAID DEVELOPH]ENT. W~EREAS, the (local _governfn' body) of (local 9overnment) has considered the re~ort and recommendations of the ~outhwe~t Florida --~' P~gional Planning Council, the (local government) staff, the documents and comments upon the record made before the (local governing body) of (local government), hereby makes the following Findings of Fact and ~nclusion of Law: FINDINGS OF FACT 1. .(Project Description and Legal Description) 2. The proposed development is not in an area designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. 3. The dewelopment (does/does not) unreasonably interfez'e with the achievement of the objectives of an adopted state land development plan applicable to the area. 4. The development (is/is not} consistent with the local land development regulations. 5. The development ([s/ts not) conststcnt witl~ the re,oFt, and recommendations of thc South~'cst F'lor~da Pcgtonal Plan~nq Council submLttcd pucsuant to Subsection ]80.0G ([ ~ } , I']oridn ~t.~tutCs. III-1 effective date o£ th£s develop~nt order, to the (local ~overninq body), :he Southwest Florida Regional Planning Council, and the Depart~ment of Conuaunity Affairs. This reft>ri will contain the information required in Section 9B-16.25, Florida Administrative Co~e. Failure to submit the annual report Subsection 3g0.06(16}, Florida Statutes. 5. Subsequent requests for 4evelo~ment permits shall not require fMrther review pursuant to Section 380.06, Florida Statutes, unless it is found by the (local governing body), after due notice and hearing, that one or more of the following is present; a. A substantial deviation from the terms or conditions of this development order, or other changes to the approved develop- ~ent plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which' wer~"not evaluated in the review by the Southwest Florida Regional Planning Council; or b. An expiration of the period of effectiveness of this development order as provided herein. Upon a finding that either of the above is present, the (local ~ove~ng body') shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 6. The approval granted by tbLs Developme~t Order is 1[m~Led. Such approval shall not be construed to obviate the duty of the applicant to comply ~ith all other applicable local or state per- mittin~ price,utes. DULY PASJE9 AND ,'~OOP'/'[-£b 'Jills DAY OF -('local government) (Notary Pul~l [~ III-3 L? APPENDIX IV SUBSTANTIAL DEVIATION MONITORING FORM APPENDIX V South Florida Water Management District Comments pg. /~/ South Florida Water M;anage?ent District 3--~ ~ ~ub R---~, '~est P-'~m Bea-'~, R---~ ~-40~- - ~-~6'~ ~ - ~'-~ ~S 1-8'-~~ TDD (561) 697-2574 ' www.sfwmd.gov LAN 01 March 25, 1999 Mr. Dan Trescott, DRI Coordinator Southwest Florida Regional Planning Council P.O. Box 3455 North Ft. Myers, FL 33918-3455 Dear Mq~%-~'e~: Subject: Winding Cypress, DRI No. 98-426 Enc;osed is a copy of the District's Impact Assessment Repeal for the above subject project. The report is a general technical assessment of the project based on information provided by the applicant and does not constitute final finding agency action. We appreciate the opportunity to participate in the review process. If you have any questions concerning our review, please contact me at (561) 682-6862. Sincerely, James O. Golden, AICP Senior Planner Regu',at'.on Department /jig E"*... ,~,JFo c: Alan Reynolds. WMB&P. Inc. \'era M. Carter Gerard¢ B. Fernande: Patrick .I. Gleason Nlod.~s J kJUtlerre:, Jr. Harklc~ R. Th,~rnmn Trud~ K \'('llham~ Trevor Campbell I)ep~as[xcci}flt"e";')~'.;.'r ' '~ Mailtn~2 Address: P.O. Box 24680, West Palm Beach, FL 334164680 IMPACT ASSESSMENT REPORT Prepared by South Florida Water Management District Issued March 25, 1999 PROJECT SUMMARY Project: Developer: SFWMD ID No: Location: Size: Existing Land Use: l'roposed Land Use: DR] Thresholds: Winding Cypress Barren Collier Company 98-426 Sections _6,~4&o>/To~nsh~p 50 South/Range 26 East, Collier County +1,940 acres Agficultural~'ndeveloped Mixed-use, ir~cludir~g Residential ('-'~, 190 dwelling units), Village Center (10,000 square feet), Golf Courses (45 holes Residential ( 1.000 dwelling units in Collier County) II GENERAL PROJECT-RELATED INFORMATION The Vv'indine Cypress DRI is a +1,940 acre mixed-use commercial development located in The Master Dexelopment Plan (see Exhibit 2) proposes the following land uses: Residential (2.190 d,.velling un~tsL Village Center ~10,000 square feet), Golf Courses (45 holes). Development is scheduled to oc,.ur in txvn lq:,ses with build-out in 2005. III POTENTI~XL FOR ADVERSE REGIONAI. IMPACTS SI:MMARY Citte c,_~M-,, Surface V~ ate: .~lanagement - Quantit,v Su~ace Water Management - Quality Wetlands/Other SuN-ace Waters - Functions Minima_l_ ]Significant X Water Use X ] X Maior evaluation of the quality of the on-site wetlands, resolving issues associated with protected species management, evaluating the proposed routing of upstream flows through the project site, and development of a detailed management scheme. For additional details concerning the above as well as permitting requirements, see the Environment Checklist and Footnotes on page 9 and 10. Water Use Potable water supply will be provided by Collier County Utilities. The utility has an adequate permitted allocation to meet the demands of this project. The applicant is proposing to use a combination of reclaimed water supplied by Collier County Utilities and withdrawals from on-site lakes/canals/wells to meet the project's landscape irrigation demands. For additional details concerning the above as well as permitting requirements, see the Water Supply and Development Checklist and Footnotes on page 6. The District is recommending a Development Order Condition (see below) requiring that specific conservation measures be incorporated into the project design. Permits This prOject will require the following District permits prior to commencement of construction: Enxironmental Resource Permit - for conceptual approval of the proposed development, for construction and operation of the surface water management system for the proposed development, and for the proposed impacts to wetlands and other surface waters. 2. Water Lse Pcrimt for thc proposed surface and/or ground landscape ~n5 gation. water withdrawals for This project may require the following District permit prior to commencement of construction: Water Usc Permit - for certain dewatenng activities proposed for the construction of project lakes and/or road or building foundations. The applicant mu~t provide ,.e~ ~Iicatit,n that the proposed system designs ~,,.ill meet District cntcn~ in effect at the t~me of permit application. Recommended Development Order Condition The project shall utilize ultra-low volume water use plumbing fixtures, self-closing and/or metered water f~,ucets. The project shall also use other water conserving devices and/or methods. These devices and methods shall meet the criteria outlined in the water conser~.ation plan of the public water supply permit issued to Collier County Utilities by the South Florida Water Management District, .~,_~.~__~ SUBJECT~ WATER SUPPLY AND DEVELOPMENT - Winding Cypress, DRI No. 98-426 Proposed Potable Water Source: Collier County Utilities Permit No.: 11-00249-W Expiration Date: December 31, 2001 Perril No.: 11-01447-W Expiration Date: December 12, 2006 Permitted Allocation: 12,383 MGY (33.93 MGD average/52.00 MGD maximum) Current Usage: 28.08 MGD average (estimated) Projected Demand of DRI: 0.770 MGD Prop:,sed Non-Pozabie Water Source: On-site lakes/wells/reclaimed water ProDected Demand of DRI: 1.69 MGD ACCEPTABLE I I RESPONSE t RESOLVABLE I MAJOR IN I AT PEmM!T TIME IREGIONAL IAPPLICATIONI MINOR i MAJOR I ISSUES !. PROJECTED DE~L~NDS OF PROJECT A. POTABLE WATER !. Use Generation Rates 2. Conservation Practices I X ] B. NON- POTABLE WATER '~se Gen~',ra'_~on Rates 3. Wastewater Reuse ii. WATER USE IMPACTS A. _:3 Sill i Proposed Sources a. qrcundwazer I X I ] b. Surface Wa:er g._Wastewater Reuse Resozrce Caoabllity ir, pacts a. Salt Water Intrusion I ! MI2) c. in'.':r:nr, en:al X 2 ~. iFF--f liE i. Veriflca-lon of Avaiiabiii~y . . ':.~, _: £e Ca.zahilizI, -zS,. .... --~: See following page SUBJECT: SUR/~ACE WATER MANAGEMENT - Winding Cypress, DRI No. 98-426 Drainage Basin: Henderson Creek Receiving Body: Henderson Creek via C.R. 951 Canal ACCEPTABLE I I RESPONSE I RESOLVABLE I MAJOR IN I AT PERMIT TIME IREGIONAL IAPPLICATIONI MINOR I MAJOR I ISSUES I. SYSTEM DESIGN A. QU~NTiiY CONSIDERATIONS 1. Discharge method, location and route to receiving water 2 Floodplain encroachment 3 Net basin storage 4 Stage/storage 5 Control elevations 6 Water management areas 7 Minimum drainage 8 Overdrainage .2u t~9 r~ 1~ ..... E×fi!traL~on 11. Floor and road protection x I Ix(i) 12. Passage of upstream flows 13. Capacity of receiving water (pre vs. post) x~l> I , ~ X(1,2)I Ix(l> I B. QUALITY CONSIDERATIONS Standari BMP's ! X ~ l/es_a~ _<:P' s a. Sensitive receiving waters b. On-site use of wastewater c. Location of on-site percolation ponds ] X(1} Ix(1) ponds le S:'~ system 3 Use of natural system I X(1) I Hazardous ma~eria!s = . "3C: ~b: .: ~©il,Ur. >l i Exf:irra~ie~ svsrems I N/A I FOOTNOTES: See following page. SUBJECT: ENVIRONMENT - Winding Cypress, DRI No. 98-426 WETLANDS ACREAGE SUMYJ~RY* Proposed Proposed Proposed Resulting Total Presently To Be To Be To Be Net Existing impacted Preserved Altered/Destroyed Mitigated Gain/Loss 803.55 Unknown 653.7 149.85 (see footnote no. 1) Applicant estimates (subject to verification during permit review) EXISTING SENSITIVE LAITDS ACCEPTABLE I t RESPONSE I RESOLVABLE I MAJOR IN f AT PERMIT TIME IREGIONAL IAPPLICATION[ MINOR I MAJOR I ISSUES :. ,~ua'ity I I x/2l I ~JN_ QU z .HABITAT I X .. E:;D.-i GEl .ED SPEC-ES D. OTHER (Save ,Our Rivers; OF%Cs a~ia:fer recharge areas; etc. II. IMi~ACTS OF PRESERVATION/MITIGATION A. QU.~:TiTY I I I x~5t j ...... ....... _ SCHEME ir. anaged elevations, buffers, iil~tr~l zones; e~c.~ i. E/;i.'-2:GE?.ED SPECIES F_ABiTAT COMPATIBILITY OF PROPOSED LAND USE AND .%LATL~L CHARACTERISTICS FOOT?;O?ES: See follow:ng page. l l! !l:r illli[ I 7' W1N~N(~ CYPI~ES,~ P~P~nED rlO~ BA~IqON CO~L.~mq CO~ANY .! WI APPENDIX VI Florida Game and Freshwater Fish Commission Comments FLORIDA GAME AND FRl~H WATER FISH COMMISSION QUINTON L. IIEDGEPL~rII, DDS MRS. GII.lq~(TW, IIUMPIIREY TIlOMAS Ii. I(llsl.l~R JAMI<~i I.. 'JAMIE" ADAMS, JR. JULIE K, MORRIS Miami Mic~usuke~ I .nkcltmd Bushftcll .guru~.t)lu AI.I.AN ! ,. EGrlE~T. r,h.l'L. Rx~cmiv¢ r~i,=~t VIL~R J, )ll:J LER, Asallm~l Ezoeudvc Din~tor Mr. Wayne £. Daltry DKI Coordinator Southwest Florida Kegional Plannin8 Count. ilS .W. FLORTDA REGIONAl 4980 Bayline Drive, 4th Floor PLANN I Nc.; COUNC I L North Ft. Myers, Florida 33917-3909 OFFICE OF '[~VIKONMI'~NI'AI.NI~RVIC;RS ill, lAIN J-:Y J. HAR'I'MA N, DIRECTOR FAr(RIg BRYANT ~UILDING 620 Si.H,~h Meridian Strew! 'I~dJ,'dmx~c., i;L 3239U- I (dX) (85{)) 4RK-6(,¢, I FtA x (R~{~) 9~2 5679 RE: DRI #11-9798-145, Collier County, Windin8 Cypress, Application For Development Approval Dear Ma' Daltry: The Office of Environmental Services of the Florida Game and Fresh Water Fish Commission (GFC) has revit-wed the Application For Development Approval for the referenced Development of Regional Impact (DIgJ}, and has the following comments and requests for additional information. The proposed project is a ],940-acre site that is proposed to be developed with 2,910 residential umts, 45 holes of golf, wetland preserves, upland preserves, and upland enhancement aree. s. TLe p?ojec! is located east of SR 951 between US 41 and Sabifl Palm Road. Currently, the site has 1.14 acres of mobile home, 55,58 acres ofprairie, 950.13 acres of pine flatwoods, 37.67 acres o£ melaleuca, 4.58 acres of live oak hammock, 6.32 acres of cabbage palm hammock. 2.53 acres of' scrub live oak, 12.41 acres of'canals and ditches, 3.3 acres of retention axeas, 3921~5 acres of'cypress swamp, 247.29 acres of ~ypress and hydric pine flatwoods, 18.77 acres of' trane, el, hardwood swamp, 7.3 acres of herbaceous marsh, 102.73 acres of shrub wetlands. 14.47 acres of' spoil area, 3.54 acres of cleared lands, 32.45 acres of'dirt roads and trails, and 28.58 acres of electrical transmission lines. The project site is documented habitat for thc Florida panther, Florida black bear, Big Cypress £~x ~qt, irrel, wood stork, red-cockaded woodpecker, IRlle bluc heron, snowy egret, tricoiored heron, white ibis, gopher tortoise, and American alligator. The Florida panther has been documented on the site by radio-collar r'~.search. Red-cockaded woodpe,,,,grs have been observed on the site, and one cavity tree is known to occur that the applicant identifies as abandoned. www.slalc.fl.us/gfc/ ONE ()1" "FI.ORIDA'S IIEST" WEB SITES Mr. Wayne E. Daltry March 5, 1999 Page 3 B) C) Deed rostricfions concerning intrusions into pr~av~, p~t control, landscaping reatrictiona, and othgg f~tur~ to r~-'tain on-site pre~a~e ecological integrity; and Fencing designs for rosxlways crossing pr~erves and for preserve boundaries. Plense contact mc or Mr. Jim Beever at (941) $75-5765, ifyou have any questions. Sincerely. Brian S. Barnett, Assistant Director Office of Environmental Services BSB/iWB ENV 1-I 1-3 cc: Mr. Mark Morton Ban'on Collier Company 2640 Golden Cate Parkway Naples, Florida 34142 Mr. Alan D. Reynolds, A1CP 7;~',su:~, :,fille~', Ba'qon & Peek, inc. Wilson Professional Center, Suite 200 3200 Bailey Lane Naples, Florida 33942 Ms Karen Johnson South Florida Water Management District 2301 McCrregor Bo,alevard Fort Mycl.~, Florida 33901 Colonel Joe ,Miller District Engineer U.S. Army Corps of Engineers P.O Box 4970 Jacksonville, Florida 32232-0012 Florida Fish and Wildlife Conservation Commission James L. "Jamie' Adams, Jr. Bushnell Barbara C. Barsh Patrick E. Geraghty Quinton L. Hedgepeth, DDS H.A. "Herky" Huffman Jacksonville Ft. Myers Miami Deltona Thomas B. Kibler Lakeland David K. 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. Wayne E. Daltrey DRI Coordinator Southwest Florida Regional Planning Council 4980 Bayline Drive, 4th Floor North Ft. Myers, Florida 33917-3909 OFFICE OF ENVIRONMENTAL SERVICES BRADLEY J. HARTMAN, DIRECTOR July 23, 1999 6:0 South Meridian Street w,*v~.state, fl.u~/gfc (850)488-6661 FAX (850}922-5679 TDD (850}488-9542 AUO 2 1999 S.W. FLORIDA REGIOHM PLANNING COUNCIL RE: DRI #11-9798-145, Collier County, Winding Cypress, Application For Development Approval, Second Sufficiency Response Dear Mr. Daltrey: The Office of Environmental Sen'ices of the Florida Fish and Wildlife Conservation Commission (FWC) has reviewed the Second Sufficiency Response for the Application For Development Approval for the referenced Development of Regional Impact (DRI), and has the roi]oxy, lng comments and requests for additional informa,,,n. Our response to this application a as c~.,vrdinated ~,, ith ~ntcrag~.ncy staff, mc',uding South,,,,e~t Florida Regional Planning Councli staff. A cop'.,' of this letter ~,~ill be provided directly to the applicant and the applicant's consultant. 2 he proposed iwoject is a 1.940-acre site that is proposed to be developed with 2,910 residential units, 45-holes of golf. wetland preserves, upland preserves, and upland enhancement areas. The project is located east of CR 951 between US 41 and Sabal Palm Road. Currently. the site has ! 14 a:res o(mobile home, 55.5S acres of wet prairie, 950 13 acres of pine flatv, onds. *7.07 acres o!' nlelaieuca, 4.58 acres of I~', e oak hammock, 6.32 acres of cabbage palm hammock, 2.53 acres of scrub live oak, 12 41 acres of canals and ditches, 3.3 acres of retention areas, .> ,_.~55 acr~..s o~ cypress sv,'amp, "z"' ",~ acres of cypress and hvdric pine flam, oods, 18.77 acres of mixed hardwood swamp, 7.3 acres of herbaceous marsh, 102.73 acres of shrub wetlands, 14.47 acres of spoil area, 3.54 acres of cleared lands, 32.45 acres of dirt roads and trails, and 28.58 acres of electrical transmission lines. The project site is documented for the occurrence of the Florida panther, Florida black bear, Big Cypress Ibx squirrel, wood stork, red-cockaded woodpecker, little blue heron, snowy egret, tncolored heron, white ibis. gopher tortoise, and American alligator. The Florida pan~th~e._r I .e:. /-Y~- Mr. Wayne E. Daltrey July 23, 1999 Page 3 in addition to the conditions specified in the second sufficiency response, in order to retain the landscape connectivity that would allow on-site preserves to be fully considered in the mitigation package for project impacts. Without wildlife undercrossings, the functional value of the segmented preserves will be significantly reduced. Please provide the following information: ^) Locations and designs of wildlife undercrossings for the roadways crossing on- site preserve areas. B) A draft wildlife habitat management plan for the proposed project. Please contact me or Mr. Jim Beever at (941) 575-5765, if you have any questions. Sincerely, Brian S. Barnett, Assistant Director Office of Environmental Services BSBJWB ENV 1 - 1 l-3 '.,,mdlng2 dn c, Mr. Mark Morton 2640 Golden Gate Parkway Naples, Florida 34142 NIL .&lan D. Rc,[~olds. AICP Wilson, Miller, Bar'ton & Peck. Inc. \Vilson Professional Center, Suite 200 32~0 Bailex' Lane VIS. iQa,"eli lOtl12: _)P South Florida Water Management District 2301 McGregor Boulevard Fort Myers, Florida 33901 APPENDIX VII Department of State, Division of Historical Resources Comments DMSIONS OF FLORIDA DFPARTMENT OF STATE O{fice ol thc 5ecrt~tal'-., O~fice o~ Inle~a~o~ FLORIDA DEP~ENT OF STATE Katherine Harris Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. Glenn E. Heath Southu, est Florida Regional Planning Council P. O Box 3455 N Ft Myers, FL 33918-3455 MEMBER OF TNE FLORIDA CABINET State Board of FAucation Trustee~ o{ ~e Ln~rnml Improvement Trust Fu~d Florida ~ and Water Ad}udlc~t~ry Corniness, Sztmg Baa l~wslo~ of Bond Financt Depar'tmenl of Revenue JUL 15 1999 July 12, i~.94' FLORIDA REGIONAl PL/~,Nt~ING COUNCIL RE: DHR Project No 995039 Cultural Resource Assessment Review Request Second Sufficiency Report for "Winding Cypress", DR1#9-9798-145 Collier County, Florida Dear*Ir Heath In accordance with Section 380.06, b]oridq S/atlae.~, we have reviewed the referenced project(s) for possible in:pact to historic properties listed, or eligible for listing, in the Natip_n_aJ_R_egister of Historic Places, or otherwise of historical or architectural value We have re,,ievYed the cultural resource assessment survey conducted for this project ,4n ,4 rcllaer ,/oL, l('~ d .S'/trve v of tile Winding,, ( :['pre~.s' /~,-u'c'e/. ( 'oilier ( 'Ol!t/II' /:'lot'R/gl, by Archaeotogica; and H'istoricai Conservancy. Inc. ~\'e note that ~lo prexiously' recorded historic prope~ie> x~cre located in the study area. however, eleven ( 11 ) noa prehistoric archaeological sites (8CR79(9 - 8CR796) x~,ere en<5ountered during the course of the field investigations survey The AHC archaeologists found the sites all to be eligible for listing in the .Vationa/Register qf Ht.wortc IVac'es, and of regional significance This office cannot fully concur with these d~.,terr,~m.:tivns dc~e t~ the lexel of testing pe~ormed a~ the majority of the sites. Some or all of the sites max be potentiall5 eligible, some individuallx, or perhaps as an archaeological district How c,, o? ~ e ,,,,' · ~h:,,t a- aereement v,a~ made betx~ een representatives from AHC and the properi~ vx~ncr to p~c~crxe ten t i ~1 ot'theae drchacolo,,:= _al >ties ~ithin "ercen_ space preserx ation areas or open s¢ace areas, and protect them from construction impacts This is particularly ~mp<,rta,~: t')r thc Pain?mo Xi,,-und (8('RW, 2). a poienllal ~and burial mo~::d, to be preser',cd within one ofr}~e open space areas. We note that the eleventh site, 8CR789. may be preserved under fill in the golF course: if not it is to be subjected to additional testing if prese~ation is not feasible Provided these conditions are met, it is the opinion of this office that the proposed development pmiect ~ill have no adverse effect on potentially significant archaeological resources ~xA Gr~', 6u:iding D D~retqor > Office ~ HiMorlc Pensacola P~r~a~on Board (~} q95-~85 * FAX: ~9~59fl9 · 500South Bronougb, Street· Fallahasgee,flXmda 323qq-0250 · Ntp://www.flheritage-com Z1 ..\rchaeolog~cal Research t,2'} Historic Pm>ervation U Historic~ Museums ~ Palm ~ach Regional ~ce ~ St. Augu~ne ReDonal Office D ~361~ 279-1475 · FAX: 2~ 1476 (904) g2~5045 * FAX: 8~-~ (813) 2723~ - FAX: 272-2~ SWFRPC'S OFFICIAl.. RECOM tvl EN DATIONS DEVELOPMENT OF REGIONAL IMPACT ASSESSMENT FOR WINDING CYPRESS 9-9798-145 Agenda Item #4(a) The 1,928 acre Winding Cypress Development of Regional Impact (DR_I) is located in unincorporated south Collier County near the intersection of S.R. 951 and U.S. 41 (see Location Map). The Winding Cypress DRI has proposed construction of 2,892 residential units (391 single fam!!y :,mt,. auached a~:i detached villas and coach homes) (2,501 multi-family units, garden and mid-rise condominiums) and a 30,000 square foot village center on 22 acres containing 10,000 square feet of retail, 10,000 square feet of office and 10,000 square feet of recreational. The centrally located Village Center which will provide convenience neighborhood goods and services to residents, as well as additional meeting and activity room facilities, swimming, and tennis facilities. The DRI will also include 45 holes of golf, 469 acres recreation, open space, golf and buffers including golf club and sales center site, 713 acres of preservation/enhancement areas, 235 acres ,,f lakes and 66 acres of right-of-way (see Master Development Plan). The proposed water management system will at:. npt :u enhance thc hyproperiod oft he onsite wetlands and will help with timely release to the CR 951 canal and thus to Rookery Bay Aquatic Preserve or bypass through the US 41 canal east to the county's regional spreader swale system eventually through the Fiddler's Creek DRI. Wastewater treatment and water supply will be provided by Collier County Utilities. The project is planned to be constructed in two four-year phases, with project buildout in 2008. RECOMMENDED ACTION: The staff of the Southwest Florida Regional Planning Council recommends Conditional_Approval of the Winding C3 press DR! to be further conditioned on a finding of Consistency with the Local Government Growth Management Plan by the Collier County Board of County Commissioners. OCTOBER 1999 Southwest Florida Regional Planning Council 4980 Bayline Drive, N. Fort Myers, Florida DEC 1 4 ~22~1 ,.,. /-26 EXECUTIVE SUMMARY PETITION PUD-ag-14{2) ANITA _L., REPRESENTING OWEN M. WARD, TRUSTEE FOR CONTRACT ENTERPRISES, INC., REQUESTING A REZONE FROM "PUD" TO "PUD" KNOWN AS BREFT;=WOOD PUD TO AMEND THE PUD DOCUMENT HAVING THE EFFECT OF CHANGING THE PROPERTY OWNERSHIP, ~MOVING ANY ~NCE TO ~"RACT 1 AND TRACT-~I TO A[JLOW COMMERCtAt., OFFICE AND HOTEL t~ES TO OCCUR THROUGHOUT THE PARCEL, AND REMOVING CONSERVATION AREAS FROM THE MASTER PLAN, FOR PROPERTY LOCATED IN THE SOUTHWEST 43UAZ)RANT OF THE 4NTERSECT~ION OF ~MMOKALEE .ROAD SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner-seeks to repeal the current Breezewood PUD and to adopt a new PUD in order to remove references to Tract i and Tract II, allowing permitted c~mmercial, office and hotel uses to occur throughout the parcel, and permitting off-site mitigation in place of conservation areas, without essentially changing the land use strategy. CONSIDERATIONS: The approved Breezewood PUD presently allows commercial, office and hotel uses on specific tracts. The rezone proposes to eliminate the tracts to allow those uses anywhere on the parcel. The maximum permitted density of a hotel is 26 units per acre in the current PUD and no change is proposed. The replacement PUD updates the PUD to the current formatting policy and references. It also seeks to permit off-site mitigation in place of conservation areas. There will be no change in the location and numbers of access points originally approved under the Breezewood PUD. This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. PROS/CONS: 'PROS: This petition allows the previousJy approved uses to be placed anywhere on the site. Tfle~e will ~be ~no change Jn 1he toc~on a~]d ~umbe~s of access pott'ffs ~riginatty app~ under ~e Breezewood PUD. It is the position of Planning Services Environmental Specialists that off-site mitigation for small wetlands is preferred for parcels within Activity Centers. CONS: None. fllSTORICIARCHAEOLOGICAL IM P~.CT: Staff's analysis indicates that the petitioner's property is located outside an ama of historical and archaeological probability as referenced on the official Collier County pr~h~hillt,, Map. Th,',r,'-fnr~, ~O HJstorical/Ar~'ha~nlr~gjcaI S,,~ey and Assessment required. 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 resutt 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: . Fire Impact Fee: · Road Impact Fee: · Radon Impact'Fee: · Correctional Facilities $0.30 per square foot $1,113 per room for hotels $2,076 per 1000 square foot for offices $1,755 per 1000 square foot for retail $0.005 per square foot ~3-,t~r ,~D. ~m ~ ~ hotels $299 per 1,000 square foot fl3r offices $!32 per ! ,000 squam'foot for retail $0.2340 per square foot for hotels $t .3260 per square foot for offices $1.0920 per square foot for retail For an average unit size of 10,000 square feet, the total fiscal impact will be $32;840 per unit. Since this project proposes a maximum of 74,100 square feet of commercial, the total amount of impact fees collected at build-out will total $243.344. it should be noted that because impact fees vary by type of use and because this approval does not provide this level o? 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 bui!d-o,.rt wi'i! have .maximized thei? 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 c.,-,, ,nty system, l=~,~u,, 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 revenu~ 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: Future Land Use: The applicant is not requesting an increase in intensity. 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 Breezewood PUD was based upon a preponderance of evidence and cor~ditions which support the required findings for both star~dard and PUD rezoning actions. This rezoning action will do nothing to impact the Growth Management Plan. +flSTORt CtARCH AEOLOGICAL ff~IPACT: Staff's analysis indicates that the petitioner's property is located outside an area of ~historical'~nd ~archaeological ~probability -as -referenced ~n -the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ,¢ PLANNING SERVICES STA~'F'RECOMMENDATION: _Staff recommended that the Collier County. Planning Commission (CCPC) recommend approval of Petition PUD-89-14(2), being a petition to repeal the current Breezewood PUD and adopt the revised Breezewood PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document). EAC RECOMMENDATION: The Collier County Environmental Advisor' Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: At its meeting of November 18, 1999, the CCPC voted unanimously to recommend that the Board of County Commissioners approve PUD-89-14(2). PREPARED BY: FR .E'D FI~EISCHL, SENIOR PLANNER C~NT PLANNING I~ IEWED B R( ~IALD F. NII~IO, AI~-P CURRENT PLANNING MANAGER DATE DATE ROBEI::FI' J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE P~OVED BY: VINCENT A. CAUTERO, AICP DATE COMMUNi'P¢ DEVELOPMENT 6, ENVIRONMENTAL SERVICES ADMINISTRATOR ~ Nu~nl~: PUD-69-14(2) ~z~ PUD /7D MEMORANDUM FROM: DATE: SUBJECT: C_-OLLtER COL.~JTY. PLANNING COMMISSION FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL 'SERVICES DIVISION OCTOBER 20, 1999 PETITION: PUD-89-14(2) BREEZEWOOD PUD OWNER/AGENT: Agent: Owner: Anita L. Jenkins, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples FL 34105 Owen M. Ward, Trustee 866 97th Avenue North Naples, FL 34108 REQUESTED ACTION: The petitioner seeks to repeal the current Breezewood PUD and to adopt a new PUD in order to remove references to Tract I and Tract II, allowing permitted commercial, office and hotel uses to occur throughout the parcel, and permitting off-site mitigation in place of conservation areas, without essentially ~:hang~g ~ land use strategy. ~~HlC LOCA?FION: The subject site is located in Section 30, Township 48 South, Range 26 East, in the southwest quadrant of the intersection of 1-75 and Immokalee Road. PURPOSE/DESCRIPTION OF PROJECT: The approved .Breezewood PUD presently allows commercial, office and hotel uses, along wi~ a preserve area. Tract one (approximately the northern half of the site) permits commercial uses and Tract two (approximately the southern half) permits office/motel use. The current PUD designates a 0.61-acre preserve and 1.12 acre retention area. Tt~ ,'=,',~=,'=,,'=,,* PUD up,'Jmes ~ PUD ~ , * ,~ '~, ' ", fne cu,,,Ten, ,o,,,,,attm= policy at,,~ references. ,~ also s~ks ~o ~'ernove referents to trams, ~hus allowing the l~rmitted users on any parcel created within the PUD. The previously approved preserve areas and retention areas are not specified in the replacement PUD, however the water retention area is estimated to comprise 1.5 acres and there will be a 25 foot buffer along the south property line. This acreage approximates the preserve/water management area in the current PUD. There will be off-site mitigation to meet ,,,= ,,o,,.,~ .,:,~,o.,.,,, ,=,~,,.,.,,, ,,=,~,.,,,,=,,,~,,,. There will be no,., ,°, ,~="~' .... ,,,;~ +~'",,,= ,~,,~dO,,'~' - and numbers of access points originally approved under the Breezewood PUD. SURROUNDING LAND USE AND ZONING: Existing: The property is presently zoned PUD, is undeveloped and consists of wooded acreage. Surrounding: North - Immokalee Road Row, across which is the Pelican Strand PUD commercial parcel South - Undeveloped land; zoned Rural Agricultural (A) East- Interstate 75 ROW West - Undeveloped land; zoned PUD (Donovan PUD - 250,000 SF of commercial buildings) GROWTH MANAGEMENT PLAN CONSISTENCY: The site is located within Activity Center 4 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 ~.onincj in A}cstior~ ~vhers traffic 4mp~cts can ~readily -be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within -the 'community. -~he 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 6MP, staff is ~ the opinion that a PUD amendment will not change any adopted level of service relationship in a negative manner. Consistc-mcy with other applicable elements of the GTowth Management Plan (GMP) is as follows: Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the .petitioner's property is located outside an area of historical and archaeological probability as referenoed on the official Collier County ~r'obabil~, Map. t~i-here-fore, no HistoricaiiArchaeological~Gurvey and Assessment is required. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the suuj=~,~ pe,,d~,n for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to chal~nge recommended revisions t..hese are identified for final resolution by the- Collier County Planning Commission, and the County's Board of Commissioners. The petition was administratively reviewed on behalf of the EAC and staff addressed those matters jurisdictionally within their ,purview and to the extent necessary provisions were made part of the PUD amendment. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. The amendment seeks to remove references to tracts, thus allowing the permitted uses on any parcel within the PUD. There will be a decrease in the size of the previously approved preserve areas, but there will be off-site mitigation. This will be accomplished without essentially .changing the land use strategy. 'l'hese proposed changes will not have a negative impact on the intensity or infrastructure 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--t~reezewood~PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. /?Z) STAFF -~COMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-89-14(2) bsing e pe~titi_c~., to repeal the current Breezewood PUD and adopt the ~c--d ~-~ezewo. od~ PUD As described by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document). DATE DATE iS, OBIeRT J. MULHERE, AICP PLANNING SERVICES DIRECTOR ~A"rE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUD 89-14(2) StaW'RepoYrfor-tfl~-Nover~r~3er ~, 1999 ~,C,P_C Meeting co,, ,~5~, ou.~.~ .~..?? COM~,SS,O.: RUSSELL a. BUDD, CHAIRMAN Petition No.: Assigned: ABOVE TO BE COMPLETED.BY STAFF t. General Information: Name of Applicant(s) Applicant's Mailing Address City Naples Applicant's Telephone # Owen M. Ward, Trustee 866 97th Ave. N. State FL Zip 34108 941/597-2420 Fax # 941/597-8474 Name of Agent Firm WilsonMiller, Inc. Agent's Mailing Address City Naples Agent's Telephone # 649-4040 Anita L. Jenkins, AICP 3200 Bailey Lane, Suite 200 State FL Zip 34105 Fax # 643-5716 COLLIER COUNTY COMML~rNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 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 ownershit~ interest as well as the percentage of such interest, rose additional sheets if necessary.) and Address Percentage of Ov,~ership bo 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 Owen M. Ward 5% Contract Enterprises, Inc., a Delaware 95% corporation do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals; a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Ownership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address g. Date subject property acquired [] leased []. Term of lease __ yrs./mos. If Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and date 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 1 ~e~.al description of the properOi 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) ffre~luimd m do so,at/he pre-.applicafirm 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: 30 Township: 48 Range: 26 Lot: Block: Subdivision: Plat Book: Page #: Metes & Bounds Description: Property I.D.#: See attached legal de. scripzion _S'~m~_pfpr0perty: __ ft. x ,,, ft. = Total Sq. Ft. Address/general location of subject 0ro0erty: intersection oflmmokalee Road and 1-75. Acres Southwest quadrant of the 7.4+ Adjacent zoning and land use: Zoning N N/A S A E N/A W PUD Land Use Immokalee Road is adiacent to the nonhero property boundary Vacant agriculture 1-75 is adiacem to the eastern property boundary Donavon PUD -- Vacant commercial Does the owner of the subject property ovm property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, aUach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: -Metes & Bounds-Description: o Rezone Request: This application is requesting a rezone from the district(s) to the .... PUD_ zoning district(s). Present use of the property: vacant commercial PUD zoning Proposed use (or range of uses) of the property: commercial, office, hotel ... Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 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 thc rezone request with specific reference~to criteria noted belo~v. Include any backup materials and documentation in support of the request. .Standard R~one Considerations (LDC ~ection 2. Z2.5.) 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_l~attern. 3. 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. 5. Whether changed or changing conditions make the passage qf 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 z~s ~ontr~as~t with ~the flublic ~tfare. 13. Whether there are substantial reasons why the property' cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. ~"nether it is impossible to find other adequate sites in the county for the proposed use tn districts already permitting such use. i6. T'ne physJcai characteristics office property anal t~e degree oj 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 i~t~act o~f development on the availabili~, 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 ti), as amended Such ome. jac~ors, standard& or criteria that ihe Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Re~one Considerations (LDC Section 2.7.3.2.5) 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. 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 provid~,d or maintained at public expense. Findings and recommendations of this type shall be made only after consultation w_ith the county attorney. 3. Corbrormi~, of the proposed PUD with the goals, objectives, and policies of 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. 5. The zudequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of /9,,m available improvements and facilities, both public and private. - 7. 8. The ability of the subject property and of surrounding areas to accommodate expansion. ConformiO, with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such mod~catlons are-justified as meeting public purposes to a degree ca least equivalent to literal application of such regulations. 10. 11. 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 subiect 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? N/A Additional submittal requirements: In addition to this completed application, the following shall be submitted 'in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes. bo 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 8½" x 11" copy of the site plan), drawn to a maximum scale of 1 inch equals 400 feet, depicting the following: (Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory. Board (EAB), or CCPC.) * all existing and proposed structures and the dimensions thereof, e 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 Onciude matrix indicating required and provided parking and loading, ineludin~ r~_uired 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 mad buffering as may be required by the County. An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8 of the Land Development Code (LDC), or a request ~br Waiver if appropriate. 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 Departmenl 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.). 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- ~th*lic~o n meetin£). Any additional rcquircmcnts as may bc applicablc to specific rezones and identified during the pre-application meeting, including but not limited to any required state or federal permits. o STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant(s) ~ rmnnng ^~ C~' Naples S*.~.e FL Address of Subject Property (if available): Owen M. Ward, Trustee ~ t A~. ~. N/A Zip 34108 Legal Description: Section: Lot: Plat Book: See attached legal description Township: Page #: Block: Subdivision: Property I.D.#: Metes & Bounds Description: 'Range: o Type of sewage disposal to be provided (check applicable system): a. County Utility System do City Utility System Franchised Utility System Provide Name Package Treatment Plant (GPD capacity) Septic System Type of water service to be provided: a. County Ufili!y System bo City Utility System Franchised Utility System Provide Nmne Private System (Well) /? 7. Total population to be served: 74, 000 SF (commercial) Peak and Average Daily Demands: A. Water - Peak i.7 gpm Average Daily 7,400 GPD If prepo~inE to b~ ~d lo Col!i~ Comly ~gion~! W~Ix't Syslem, ~le~e ~e date service is expected to be required: Noi'known ai xhis time 10. Narrative Statemem: 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 test prepared and certified by a profession engineer. The wastewater generated by the project will be treated at the North Collier County Wastewater Treaanent Plant. This plant has adequate capaciD- to serve the project which will produce approximately 7,400 gallons per day(GPD) of wastewater flow at build-out based upon the level of service standard 0.1 gallons per day per square foot. Thus, the wastewater flows will not generate any regional impacts. No new treatment facilities will be constructed. The character of liquid and solid effluent will be identical to other residential developments in the region. The fate of the effluent will be according to the permitted disposal methods currently in us at the North Collier County Wastewater Treatment Plant. 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 constn.mtion of these facilities/n ,accordance with all applicable Coanty 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, statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 1'3 Statement of availability capacity from other providers: Urdess 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. N/A J~LI~ J~EZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! # of 'Not Requirements Copies Required Required 1~ Completed Application 15 x 2. Copy of Deed(s) and list identifying Owner(s) and all 1 x Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized i x I 4. Pre-application notes/minutes i5 x 5. Conceptual Site Plans 15 x ] 6. Environmental Impact Statement (EIS) , 4 x 1 7. Aerial Photograph (w4th habitat areas identified) 4 x 8. Completed Utility Provisions Statement (with required 4 x attac.hments and sketches) 9. Traffic Impact Statement (TIS) 4 I X I 10. Historical & Archaeological Survey or 4 x Waiver 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 -- x Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. AgenU~ppiica~ Signature Date AFFIDAVIT We~I, Owen M. Ward, Trustee being first duly sworn, depose and say. that we/I any/are the owners of the property described herein and which is the subject matter of lhe propo3~d hearing; informatior~ all sketches, data, and other supplementary matter attached to and made a part of th~s ~~n, are honest and true lo the best of our/my Icnowledge and beJief understand that the information requested on this application must be comple~ and and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner, we~I further authorize WilsonMiller to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Owen M. Ward Trustee Typed or Printed Name of Owner fhe f°re9d~, g~°ib;g~inw;t~u2en;a7;s~c~st;~edged bwh~ is-~/f°rer~-~na~;thk~s~n~-~ m/a~yr h~d StateofFlorida ~,/ ~'/~~./C~i,/~~ County of Collier (Print, Type, or Stamp Commissioned Name of Notary Public) / /72> ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZO_NL~.G R_EGUrLAT!ONS FOR COUNTY, FLORIDA, BY AMENDING THE BY CHANG~4G T'rt~ ZOND,iG CLASS~iCATiON OF THE FIEREtN DESCRIBED ~AL ~PRO'PERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "BR F. FYEWOOD" PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF 1MMOKALEE ROAD (C.R. 846) AND 1-75, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COU,n~,vFY, FLORIDA, CONSISTING OF 7.42 ACRES; PROVIDING FOR THE REPEAL OF OR.DIN.t~'CE NUM]3ER 97-41, THE FORMER "BREEZEWOOD' PUD; AND BY PROVff)~,~G .,~3~ EFFECTWE DATE. WHEREAS, Anita L. Jenkins, AICP, of WilsonMiller, inc., representing Owen M. Ward, Trustee, for Contract Enterprises, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real properW. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County., Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance w/th the PUD Document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8630N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SE~I'ION TWO: Ordinance Number 97-41, known as the "Breezewood" PI,rD, adopted on September 9, 1997, by the Board of Coun~, Co~'w-nissioner~ of Collier Count', is hereby repealed in its entirety.. -1- This Ordinance stroll become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flo~_~__ tlxis __day of ,, 1999. ATTEST: D~-qT E. ~...K,~ C!~k BOARD OF COUNTY COMMISSIONERS Approved as to Form and Legal Sufficiency Marjo~e M. Student Assistant County Attorney BY: PAMELA S. MAC'KIE, CHAIRWOMAN ORDINANCE/PUD-89-14(2)JFRYts -2- BREEZEWOOD PLANNED UNIT DEVELOPMENT. Prepared for Owen M. Ward, Trustee Prepared 'by July, 1999 Exhibit "A" TABLE, OF CONTENTS SECTION I STATE-M~NT OF COMPUANCE ......................................................................... 'i-'~ SECTiON ii GENERAL DESCR,.~PTION .................................................................................. 2-I SECTION III PROJECT DEVELOPMENT ................................................................................ 3-1 SECTION IV COMMERCIAL LAND USE DISTRICT .................................................................. 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS ..................................................... 5-1 EXHIBIT A PUD MASTER PLAN (Wilson Miller ~e #D-3037-07) SECTION I STATEMENT OF COMPLIANCE The development of this Project will b_e in _c~___m~_lia_._n__c~_ ~jt~ ih.B- ,ol_~n_n~i_.n~,a ~c~.~L~ ~ncl ~hi?c. tiv~..~ nf Collier County as set forth in the Collier County Growth Management Plan. This compliance This Planned Unit Development (PUD) permits commercial uses, office and transient lodging at a maximum density of 26 units per acre, and the subject property is located in an area identified as an Activity Center in the Collier County Growth Management Plan, which permits such uses. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the southwest comer of Immokalee Road and i-, ,. This strategic location allows the site superior access for the placement of commercial activities. The Proiect shall be in compliance with all applicable County regulations including the Collier County Growth Management Plan. The Project will be served by a complete range of services and utilities as approved by the County. 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. The Planned Unit Development inclucies open spaces and natural features which serve as Project amenities. 2-1 2.! 2.2 2.3 2.4 2.5 SECTION II GENERAL DESCRIPTION PURPOSE The purpose of this section is to set forth the legal description and ownership of the developed. PROPERTY OWNERSHIP The subject property is currently owned by Owen M Ward, Trustee. LEGAL DESCRIPTION The subject property is described as follows: The East ½ of the West % of the Northwest % of the Northeast ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the North 100 feet, and less that portion conveyed to the State of Florida by deed dated September 1, 1970 and recorded in O.R. Book 370, Page 397, Public Records of Collier County, Florida, containing 7.41 acres, more or,ess. SHORT TITLE This Ordinance shall be known and cited as the "Breezewood Planned Unit Development". STATEMENT OF UNIFIED CONTROL It is the intent of Owen M. Ward, Trustee, to develop a Planned Unit Development of approximately 7.4_ acres on property located on the southwest comer of the i- 75/Immokalee Road interchange quadrant, as =hown on 'the Location Map, Exhibit B. This statement represents that Owen M. Ward, Trustee, hereinafter referred to as "Developer," currently has lands under unified control for the purpose of obtaining PUD Zoning on the subject property. Development of Breezewood will occur in accordance with all commitments contained within the PUD document ~and in R_cr,.,~rcte~_ce ~Jth all applicable Collier County ordinances in effect at the time of construction. SECTION II! PROJECT'DEVELOPMENT 3.1 3.2 3.3 3.4 PURPOSE The pumose of this section is to generally dp~cri[? _._the_ ~ ~ ,~_Lgpme.n_f for t_.he · Pr--~,,je~, and to identify relat~t-~ps ~to applicai~e County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project includes a range of commercial, office and hotel uses, stormwater management, and buffer areas. The PUD Master Plan is iljustrated graphically on the PUD Master Plan, Exhibit 'A.' The Project will comply with the Architectural Review Guidelines as adopted in the Land Development Code (LDC). GENERAL COMPLIANCE WITH COUNTY ORDINANCES The development of the Project shall be in accordance with this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order which authorizes the construction of improvements to which said regulation applies. These include, but are not limited to, Final Subdivision Plat, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the most similar zoning distdct or section of the LDC shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by this Ordinance will be subject to a concurrency review under the Adequate Public Facilities Ordinance, LDC Section 3.15. All conditions imposed herein or as represented on the PUD Master Plan, Exhibit 'A,' are part of the regulations which govern the manner in which the land may be Re Subdivisions Division of the J_DC (Article 3, Division 3.2) .shall ~pply to the Project, except where an exemption is set forth herein or otherwise granted pursuant to Code Section 3.2.4. ~ ,,~,,, ND USES A. The location of land uses are shown on the PUD Master Plan, Exhibit 'A.' Minor changes and variations in building tracts, location and acreage of these uses shall// 3-2 3.5 3.6 3.7 3.8 permitted .at Preliminary Subdivision Plat approval and Final Plat approval to accommodate topography, vegetation, stormwater design, and other site conditions subject to Code Section 2.7.3.5. The specific location and size of individual tracts and the assignment of square footage shall be determined at the time of Preliminary S~_bcli_v~ion Plat approval. Roads and other infrastructure may be either public or private, depending on location, ~, ~r~l deign. The ~eL~..~.j.- *~. as ~ ~et,ber ,a ~ steal ,be ~ or l:~ivate shall be made by the Developer at the time of Preliminary Subdivision Plat approval. The Developer shall create an appropnate declaration of covenants and a property owners' association which will be responsible for maintaining the roads, streets, dranage, water and sewer improvements, where such systems are not dedicated to a governmental agency. PROJECT INTENSITY The total acreage of the Breezewood PUD is approximately 7.4! acres. The commercial retail and office uses shall have a maximum gross floor area of !0,000 square feet per gross acre for a maximum square footage of 74,100 square feet. The office uses shall be permitted at 15,000 square feet per gross acre and the hotel/motel use is permitted at 26 units per gross acre of the tract. Commercial retail principal uses are permitted throughout the 7.41 acre parcel in accordance with the requirements stated in this PUD document. OFF-STREET PARKING REQUIREMENTS As required by Division 2.3 of the LDC in effect at the time permits are requested. SIGNS Minimum standards for signs shall be as provided for within Section 2.5 of the LDC in effect at the time permits are requested. SUNSET AND MONITORING PROVISIONS The Breezewood Planned Unit Development shall be subject to Section 2.7.3.4 of the LDC, "Time Limits for Approved PUD Master Plans," and Section 2.7.3.6 of the LDC, "Monitoring Requirements." Easements, where required, shall be provided for~water management areas, utilities and other purposes as may be required by Collier County.. All necessery easements, dedications or other instruments shall be granted to insure continued olt~eration and maintenance of ali iervices and utilities to insure compliance with applicable regulations in effect at the time of construction plans and plan approvals, as required. 3.10 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance ~,,,,, ~the Collier County LDC, Ar{icfle 3, and standards and CO~T~'n~-tments of ~is d~cument in effect, at the time of, const,-dction plan approval. 3.11 LAKE SETBACK AND EXCAVATION The lake setback rec~,uirements described in the LDC~ Secticm 3.5.7_1~ may ;be reduced with the administrative approval of the Collier County Environmental and Development Services Administrator. All lakes greater than two (2) acres 'may be excavated to the maximum commercial excavation depths set forth in LDC, Section 3.5.7.3.1, subject to meeting the County fetch formula; however, removal of fill from the Project shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated, unless a commercial excavation permit is received. 3.12 LANDSCAPING All landscaping requirements, buffers, walls, berms, etc. shall be developed in conformance with the requirements of Division 2.4 of the LDC. 3.13 NATIVE VEGETATION RETENTION REQUIREMENTS The Project shall retain fifteen percent of the viable naturally functioning vegetation on site (a minimum of one-half acre) as required by Section 3.9.5.5.4 of the LDC. The one-half acre of preservation shall be identified at the time of the first development order submittal (i.e., SDP or Plat/Plans). 4-1 SECTION IV COMMERCIAL LAND USE DISTRICT 4.1 PURPOSE The purpose standards for Commercial. of, this section is to set forth the perm;,t[~:! uses and development the area designated .on the PUD Master Plan, Exhibit 'A,' as 'C' PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Permitted PrinCq3al Uses and Structures permitted throughout the parcel: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusement and Recreation Services (Groups 7911-7941, 7991, 7993). 3. Apparel and Accessory Stores (Groups 5611-5699). 4. Auto and Home Supply Stores (Group 5531). 5. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542), subject to Section 2.6.28 of the LDC. 6. Building Matenals, Hardware and Garden Supplies (Groups 5211-5261 ). 7. Business Services (Groups 7311,7313, 7334-7335, 7371-7379, 7384). 8. Child Day Care Services (Group 8351). 9. Miscellaneous Retail (Groups 5912-5963, except 33awnshops and all uses ~ ~/ith ~.c/mdhand merchandise, 5992.-5999). t0. -Depository Institutions [Groups-~011 -~0~). 1 t. Eating and Drinking Places (Groups 5812-5813). 12. ~Eiectncal ~Repair Shops {-Group 7-622 automotive radio, radio, television, stereo and v'~ieo recorder repair only, 7629-except aircraft, business and off.me machines, large appliances such as refrigerators and washing machines). 4-2 13. 14. 18. 17. 18. 19. 20. 21. 23. 24. 25. 26. 27. 28. 30. 31. 32. 33. Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721,87~tl-8743, 8748). Food Stores (Groups 5411-5499). Gasoline Service Stations (Group 5541 except marine service stations and truck stops subject to LDC, Section 2.6.28). C-foup Care Facilities (Category t and il); Care Units except for homeless shelters; and Nursing Homes, subject to LDC, Section 2.6.26). General Merchandise Stores (Groups 5311-5399). Health Services (Groups 80i 1-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 67 !2-6799). Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). Hotels and Motels (Group 7011 in accordance with the development standards in this PUD document). Insurar, ce Agents, Brokers, &nd-Sewice (Group6411). Insurance Carders (Groups 6311-6399). Libraries (Group 8231). Legal Services (Group 8111). Membership Organizations (Groups 8611-8861,8699). Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251, 7291 ). Miscellaneous Repair Services (Group 7631). Nondepository Credit Institutions (Groups 6111-6163). Paint, Glass and Wallpaper Stores (Group 5231). Professional and Medical Office Public F'~'tance, Taxation and Mon~ry Policy (Group 9311 pmpe~ tax assessors' office and taxation departments only). J 4.2 4-3 34. 35. 36, 38. 39. 40. Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512, 6531-6552). Social Services (Groups 8322 activity centers, etcieriy or handicappeci, and 8351). United States Postal -Service (Group 4311, except maj,, distribution center). Veterinary Services (Groups 0742, 0752, excluding outside kenneling). Video Tape Rental (Group 7841 ). Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in this district. PERMITED ACCESSORY USES AND STRUCTURES Uses and structures that are accessory and incidental to uses permitted in this district. DEVELOPMENT STANDARDS FOR ALL PERMITTED USES EXCEPT HOTEL AND MOTEL USE A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum Lot Width: One hundred feet (100'). C. Minimum Setbacks: From Immokalee Road: Fifty feet (50') Front Yard: Twenty-five feet (25'). ~ ~ther~yards: Fifteen Jeet (15'). -tVlaximum Height:~Fifty ~-(50'). Minimum Floor Area of Principal 6trucOJre: Seven hundred (700) square feet gross floor area for each building on the ground floor. F. Distance between principal sa'uctures: None, or a minimum of five feet (5") with unobstructed passage from front to rear yard. 4.4 G. No outside display of merchandise or storage is permitted unless horizontally visually screened by an acceptable vertical structure. HOTt:! .~ND MF3T~'I nr:~,/EI r~P~NT Minimum Lot Area: One {1) acre. Minimum Yard Requirements: 1. 2. From Immokalee Road: Fifty feet (50') Front Yard: Fifty-five percent (55%) of building height with a minimum of twenty feet (20'). All other yards: Twenty feet (20'). Maximum Height: ,Six stories with a maximum height of sixty feet (60'). Distance between principal structures: Fifteen feet (15') or one-half (%) the sum of the building heights, whichever is greater. Minimum standards for lighting and landscaping shall be in accordance with the Code ~n effect at the time final tocal development orders are requested. BUFFERS Minimum standards for buffers shall be in accordance with LDC, Section 2.4, in effect at the time final local development orders are requested, unless otherwise specified herein or on the PUD Master Plan, Exhibit "A." All buffer setbacks shall be measured from platted tot boundaries. The following identifies the buffer according to land use type: Internal Buffers on: -C.;ommerclal: 1. 10'~djacent 2. 10' adjacent to internal rights-of-way Hotel: 1. 2. 10' adjacent to commercial parcels 10' a~jacent to intemat rights cf ::':y SECTION V GENERAL DEVELOPMENT COMITMENTS 5.1. GENERAL 5.2 5.3 A. All facilities shall be constructed in accordance with the final site development plans, the final subdiv~sion plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall 13e effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same, shall apply to this Project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations, as may be agreed to in the rezone headng before the Board of County Commissioners, shall control and be applicable to development of the subject property. Owen Ward, Trustee, his successors and assigns, shall be bound by said documents, commitments, and stipulations. ENVIRONMENTAL Ao The applicant shall be subject to all applicable requirements of the Collier County Growth Management Plan and LDC, including the requirements of Division 3.9, Vegetation Removal, Protection and Preservation. The Project shall retain fifteen percent of the viable naturally functioning vegetation on site (a minimum of one-half acre) as required by Section 3.9.5.5.4 of the LDC. The one-half acre of preservation shall be identified at the time of the first development order submittal (i.e., SDP or Plat/Plans). TRANSPORTATI ON T~t~ ~ ~It J~: .r, es~3r~ble for ~the ~f4stfuot~ff~ 4ant. s at ~the Project entrance when required by the County .~.r~_r~ation Services Department. To the extent practical, coordinate access with the adjacent commercial development planned to the west of the subject property, Jr~c~uding -an interconnection to an internal roadway system as may be required of adjoining developments. (Donovan Center). 5-2 5.5 Provide a fair share contribution toward the capital cost of a traffic signal at the Project entrance when deemed warranted .by the County. The signal shall be owned, operated and maintained by Collier County. Provide a,"terial level s,,~eet ,,~, ,,,,,~ at the Project e~,,rance prior to issuance of ~the first certificate of nCCLmancy Control Devices as required bY Chapter 316.0747, __Fl0ddaStatutes. Consider these improvements to be "site related" as defined in Ordinance No. 92-22, and shall not be eligible for any credits toward any impact fees required by that Ordinance. All improvements, except signalization, shall be in place before any certificates of occupancy are issued. Consider access into each tract, as shown on the conceptual PUD Master Plan as info..,Tnationa! only. Location and number is subject, to preliminary, plat approval in accordance with the requirements of Division 3.2 of the LDC. Demonstrate before construction plans approval, that there is a legal right to use the access road into the site. The Developer shall provide an agreement between the County, the Developer and F.D.O.T., that maintenance activities will be the responsibility of the Developer until and if maintenance responsibility is assumed by the County. UTILITIES 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. Att customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the Project, the water and/or sewer customers shall be customers of the interim utility established to serve the Project until the q~;ounty~s oil'-s-rte waste and/or sewer laclr~es are ava-aa~e to serve'me ~P~-~t. .. tt is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this Project. Should the County system not be in a position to supply ~ wa~er to the Project and/or ~ ~ Project's wastewater at the time development commences, the Developer, at his expense, will install and operate facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all o 5-3 requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County ,and the Developer, binding on the Developer, his assigns or successors regarding any interim facilities to be utilized. The agreement must be legally sufficient to the County pnor to the approval of construction documents for the Project and be in '- - r-,=quir~q-~e~ts- Collic-~- ~,~'.k~111~l111~lll%,Tq:~ I~q1,11 1,11~* ~1 ~11,'~ ~.~13.1111~lI~ 1'~E~,1. ~ 76, as amended. If an interim on-site water supply, treatment and transmission facility is utilized to serve the Project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand, at a rate approved by the appropriate Fire Control District servicing the Project area. Prior to approval of construction documents by the County, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the Project until the County can provide these services through its water and sewer facilities. The utility construction documents for the Project's sewerage system shall be prepared to contain the design and construction of the on-site force w~ain which will ultimately m3nnect the Project to the ~-ture =entrai sewerage facilities of the District in the lmmokatee Road rights-of-way. The force main must be extended from the main on-site pump station to the west right-of-way line of Immokalee Road, and capped. It must be interconnected to the pump station with appropriately located valves to permit simple redirection of the Project's sewage when connection to the County's central sewer facilities becomes available. The on-site water distribution system to serve the Project must be connected to the District's 12 or 16 inch water main on the south side of Immokatee Road, extended eastward to the east boundary line of the 'Project consistent with the main sizing requirements specified in the County's Water Master Plan. The coordination for the location and sizing of the main extension shall be processed through the County Utilities Division. Dating -design ~f~'faci~,-the-fottowing ~att.,q'es shall be Lr~or,oorated into the :lL~t~b~on ~ystem: a) ~Oea=l-end =mains shall t~e eliminated =by looping --the internal pipeline network. b) Stubs for future system interconnection with adjacent properties shall be provided to the west, and the south property iines of the Project, at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 5-4 5.6 B. ,Engineednq: Design and construction of all improvements shall, be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations, as set forth in Division 3.2 of the LDC. WATER MANAGEMENT Detailed t~avir~j, gradi~ and site drainage glans shall be submitted to Planning 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 the Planning Services Director or Department. A ~=~"'~'~" Department of Transportation and South Florida '' Management District permit approval to outfall into the Cocohatchee canal shall be submitted before construction plan approval. Before construction plan approval, a copy of the U.S. Army Corps of Engineers and South Ftodda Water Management Distdct permits shall be submitted to Planning Services. GENERAL NOTES: THE LOCATIONS AND CONFIGURATIONS OF COMMERCIAL. OPEN SPAC£, BUFFERS. AND LAKE ~LLU~ PURPLES, ~D ~E SU~ECT TO C~E DURI~ FI~ DESIGN ~O PERM~ING. 10~U~R"~ ~ t~ AC. ~ ~A~ ~ 0.74 AC, TOT~ Z~ AC. ~ ~G~AT'~ A ~ SEC: 05057-000 ~1~. ~~~ ~~7_ .~~.~~.~~~ D-~37-07 Nov 09. *ggg - *7:45:20 £KOrSKYIX\Plo\3057\O7\30370702.clwg EXECUTIVE SUMMARY PETITION: PUD-89-28 (2). WILLIAM HOOV~ OF HOOVERP_LA~ NNING~ REPRESENTING 846 ~,E~v ELO~v~E~TS OF r~APx~r~, n,~., REQUES xl~xa A2q AMENq3MENT TO ~ ~R~O~ P~ FOR T~, PL~OSES OF ~DUC~G T~ ~X~ B~D~G ~IGHT FROM 50 FEET TO 40 FEET, EL~AT~G LIGHT M~ACT~G, ~OL~L~ ~ GE~~ STOP~ USES, ~D~G ~~~ ~T~L US~ ~D ~S~G ~ WA~ '~NAGEMEN~ PLaN FOR PROPER~ L~A~D ON ~E SO~H S~E :OF ~O~EE RO~ (C.R. 846) ~ .ON T~ NORTHEAST S~E OF THE M~U L~ P~, ~ SECTION 30, TO.SHIP 48 _SOUTH, ~GE 26 EAST, COLLIER CO[~TY~ FLORA. OBJECTIVE: The petitioner is requesting a rezone from PUD to PUD for the purpose of amending the Brentwood Planned Unil Development (PUD), Ordinance Number 90-36 as noted above. CONSIDERATION S: The subject 18.67-acre project is an approved commercial/industrial PUD allowing 12,000 square feet of commercial uses on a 1.40-acre tract and 95,000 square feet of industrial uses on 10.8 acres. This project also contains 5.9 acres of prese~,atior~/open space, retention and wetland areas. The maximum square footage of commercial/industrial area is 107,000 square feet. However, the current property owners are now proposing a commercial only development that requires an amendment to the Brentwood PUD document and Master Plan. This amendment proposes to reduce the maximum building height from 50 feet to 40 feet and to eliminate the light manufacturing, wholesale and a general store as permitted uses. They are also proposing to revise the permitted commercial uses to be nearly the same as the recently approved commercial tract within the Malibu Lake PUD to the west and revising the water management plan for the project. The subject PUD is located within the southeast quadrant of the Immokalee Road/I-75 Interchange Activity Center as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). Since the subject site is located within an Interchange Activity Center, the GMP permits ~-m~d ~t~d~striat land ~ses ~hat ~serve*mgiomt~kets, ~ ~aeh-m~eh~ase is ~atibte with existing and approved land uses. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed additional commercial uses has been determined to be consistent with the FLUE of the Collier Connty GMP. In addition, t_he currently approved Master Plan contains uo Collier County jurisdiclional wetlands or Preserve Areas. For this reason, staff is of the opinion that the required findings for standard and PUD rezones do not apply. This is in recognition of the fact that, when the site was initially rezrmed, the decision to approve wa.s based upon a lxelxmd~aucc of evidence that supported the required findings for PUD rezoning actions. This amendment does nothing to change approved PUD intensity but is primarily requesting to change the mix of permitted uses that may be developed on the site. Staff review indicates that this petition has .,~,~o,m, ,m ,,,c ncccssa'y M,~,~,g'cmc., Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition wil._! ~ pJ..b~-! LO it ~ottt:~y !~-vi~-w ~ _the prey/z/ohs .o£ Seciion 3.!5 of the Collier C~_mW Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat .approval, or building permit applicable .to this development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP. This amendment is consistent with the Traffic Circulation Element (TCE) as follows. In regards to compatibility, it should be noted that the adjacent project to the west (Malibu Lake PUD) has been approved with similar commercial retail uses. In addition, two other comers of this Activity Center have also been approved and/or developed with commercial uses that are similar to the proposed uses in this PUD. The development regulations, landscaping, screening and buffering requirements are consistent with the Collier County Land Development Code. It should be noted that the petitioner and staff have been working with the adjacent commercial land owners along Immokalee Road in developing an area-w/de common traffic plan encompassing approximately 20 parcels of land under numerous different property owners. As a result, the developer of the residential portion of the Malibu Lake PUD will be constructing much of the Northbrook Drive extension along the eastern property line of the Brentwood PUD to the Malibu Lake PUD to the south. The proposed change to eliminate the industrial uses and to add more commercial retail uses will also result in an additional 2,152 Weekday trips. As a result, the proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "C" design volume) on Immokalee. It should be noted that the TCE lists Immokalee Road as a 4-lane road fronting the project. The current traffic count is 30,879 ADT and is at LOS "A". As a result, staff is of the opinion that this amendment provides an integrated plan of development and that the commercial and residential portions of the two PUD projects will flow easily together such as has been done in the Strand PUD. Given the urban influence impacting this area, the proposed change to add commercial uses similar to those uses approved in the Malibu Lake PUD are consistent with requirements of the FLUE to the GMP. This amendment will not change any consistency standard or relationship with the existing ~m-~mereiat zoned propa'i/es. Therefore, ~ pet/t/on i~houtdmot had:any ~dvcr-sc ~conomic/mpact on the surrounding area. In addition, the ehmination of the light manufacturing uses from this PUD (see Exhibit "A") is consistent with the development trends in the North Naples area. Based on the above referenced analysis, staffi$ 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 developmenl sh-~ce for every_ acre converted ~om --:'~--':-' ~u ........ :~: :~' ---:~- 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 County collects impact fees prior to the. issuance, ofbuilding permits Io help offset the impact o£e. ach 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 alt the apphcable 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. 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-89-28 (2) subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Since the Environmental staff granted a waiver from submitting an Environmental Impact Statement (EIS) because the site is heavily impacted by exotic vegetation, no Environmental Advisory Council (EAC) meeting was required for this petition. The Collier County Planning Commission heard this petition on December 2, 1999. They unanimously recommend to forward this petition to lhe Board of County Commissioners with a recommendation ~cm app~u~,u' -"~,,bje,.,: .... ,,., ...~cc~,,~.~ ~';~"~':~,,~,..,,~,,,,,,~ ..... c,,.,a,ne,~; '~ ~n' the PUD document. It should be noted that no persons addressed the Planning Commission and staff has not received any letters of objecfirm concerning this proposed arneridmc-nt. As a result, this lxtition has been placed on the Smmnm-y Agenda. 3 1~~, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT ~~OVEDBY: ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUrNITY DEV. AND ENrVIRON~rMENTAL SVCS. PUD-98-15 (1) EX SUMMARY/RVB/rb DATE ATE DInE DATE 4 PRINCIPAL COMMERCE ftNDUS~AL) USES 'TO*BE ~Elt~llh ~'~TED · Assembling, packaging, and fabricating operations; · Financial instiiutions; laboratories, manufacturing and product assembly; Technological research, offices, design and development; Medical laboratories, clinics, treatment facilities; Printing, lithography and publishing; Warehousing, wholesaling, storage, and distribution facilities. PRINCIPAL COMMERCIAL 0tETAIL) USES TO BE ADDED .Amusements, dance studio, bowling center, and physical fitness center; Automotive Dealers (new and used), auto supply store, and auto rental; Hardware store, garden supply store; advertising agencies, credit reporting services, photocopying service, photography, secretarial service, employment agency, computer programming; · Department store; · Health services; Furniture store; Hotels and motels; · Professional membership organizations; ,* Radio and television repair shops; Movie theaters; · Self-storage warehousing. EXHIBIT "A" AGENDA ITEM 7-E ~OI~.a_.NDUM COI .! .lh-'R COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 9, 1999 PETITION NO: PUD-89-28 (2), BRENTWOOD PUD AGENT/APPLICANT: Agem: Mr. William L. Hoover Hoover Planning 3785 A/rport-Pullmg Road, Suite B Naples, Ftonda 34105 Owner: 846 Developments of Naples, Inc. Larry J. Gode, President 5475 Shirley Street, Suite 2 Naples, Florida 34108 GEOGRAPHIC LOCATIOn; The subject property is located on the south side of Immokalee Road (CR-846) and on the northeast side of the Malibu Lake PUD in Section 30, Township 48 South, Range 26 East. REOUESTED ACTION; The petitioner is requesting a rezone from PUD to PUD for the purpose of anumding the Brentwood Planned Unit Development (PUD). ' ~~ESCRiPTION OFt~ROJECT: On May 15, 1990, the Board of County Co...issioners approved this 18.67-acre PUD allowing 12,000 square feet of commercial uses on a 1.40-acre tract and 95,000 square feet of industrial uses on 10.8 acres. This prOject also contains 5.9 acres of preservation/open space, retention and wetland areas. The maximum square footage of commercial/industrial area is 107,000 square feet. However, the cmxenx progeaxy owners are now proposing a c, otmn~ciai proje~ thax requires an amendment tn the Brentwood PUD document and Master Plan. This amendmeat proposes to ~tTT ~N'r~RsrATE 75 (SR-93) lit ' ' ! I -NORTH~ROOKE DRIVE: PUD MASTER PLAN I_--_.----"~'~.,~_'. redu/:e the maximurn buildh~g height from 50 feet to 40 feet and to elimiruate the light manufacturing, wholesale and general store as permitted uses. They are also proposing to revise the permitted commercial uses to be nearly the same as the recently approved commercial tract within the Ma!ibu Lake PUD to the west and revising the water management plan for the project. SURROUNDING LAND USE AND ZONING: ExisfinE Conditions: The subject site is undeveloped and is zxmed Brentwood PUD Surrounding: East: Sou~Cn: West: lmmokalee Road and the Northbrook Plaza PUD that allows 270,000 square feet of retail uses. Canal and single family residential that is zoned Golden Gate Estates. An undeveloped residential lxact allowmg 708 unils al 5 -t~ails-per acre and zoned: Malibu Lake PUD. An undeveloped 8-acre commercial tract that is zoned: Malibu Lake PUD (fomlly the Mocake PUD). GROWTH MANAGEMEI~r PLAN CONSISTENCY; This PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency w/th current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is located within the 1-75 and tmmokalee Road Interchange Activity Center as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). Since the subject site is located within the southeast quadrant of the Immokalee Road/I-75 Interchange, the GMP permits commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed additional commercial uses has been determined to be consistent with the FLUE of the Collier County GMP. Traffic Circulation Element: Transportation Planning staff has reviewed the. applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed change to eliminate the induslnal uses ami to add more ¢ommemml retail uses will result in an additional 2,152 Weekday trips. As a result, the proposed amendment will not generate traffic that exceeds the significance test standard (5 percent of the LOS "C" design volume) on Immokalee Road or on any other County road. The Traffic Circulation Element lists Immokalee Road as a 4-lane road fxontmg the project. The current traffic count is 30,879 ADT and is at LOS "A". &_~_~licable Elemt, nts: Staffreview indicates that Xhis pciiiion has been designed ~m account for _all jhe~nec~t~s~w.,..~a..q~_r,,,~ships..dictated by~tbe..GMP~...M..i~.g~..~..&.h .~,?__.~?.......as.ures_and .stipulations have been developed (where appropriate) to ensure consistency with the GMP during the pt~'rnitting process. Development perm....i~ by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this developtmmt. Theref~e, this PUD amendment is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. '-"~' .A_ ppropriate _mitigation ~.me~sur~.~nd .stipulations will assure-that the County's interesls are maintained. Consistency with the goals, objectives and policies of other applicable elements of ~he GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. tlISTORIC/ARCIIAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of hiswrical and archaeological probability as re~ on it~ offi~l Cotli~_ Camnty Probability Ma!~. Therefore, no Historical'ArchaeologiCal Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other conslruction activi,'y an historic or ~chaeologicat a.-td'faet is found, all development the minimum area necessary to protect the disoovery shall be/mmedi~tety stopped md Collier County Code Enforcement Department contacted. EVALUATION OF ENVIRONMENTAL, TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commim~.ents to be fomm!ated to achieve GMP and LDC requiremenlt& It should be noted that the Environmental staff granted a waiver from submitting an Environmental Impact Statement (EIS) since the site is heavily impacted by exotic vegetation. As a result, no Environmental Advisory Council (EAC) meeting was required for this petition. The Transportation Services has also recommended approval subject lo the intersection geometry and potential signalization for the Northbrooke Drive Immokalee Road intersection shall be determined prior to site development plan approval. EVALUATION: The purpose of this petition is to omend the Brentwood PUD even though the process is one of re. zoning the land from "PUD" to "PUD". The intent of this type of zoning proccdure is to achieve a levcl of administrative conveniencc by avoiding the requirement to track amendments to the original document in order to understand the totality of thc regulations as they apply to this PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of thc fact that when the property was initially rezoncd, the decision to approve the subject PUD was based upon a preponderance of evidence staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's consistency with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should mclude an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the mzoning action to the long-range plan for future land uses. The most important facet of the rezormag ~--tion is that it constitutes a legislative statement that authorizes the use of land for a specific dewlopment strategy. It may not affect the timing of development because of subsequent permitting requirements. 3 )~elationship_ to Existing Land Uses - In xegards to compatibility, it should bc noted lhat -the adjacent project to the west (Matibu Lake PUD) has been approved with similar commercial retail uses. In addition, two other comers of this Activity Center have also been approved and/or developed with commercial uses that are similar to the proposed uses in this PUD. The devcl _oprnent regulations, landscaping, screening and buffering ~uirements ate consistent with the Collier County Land Development Code. It should be noted that the petitioner and staffhave been working with the adjacent commercial land owners along Immokalee Road in developing an area-wide common traffic plan encompassing approximately 20 parce..ls of land under numerous different properly, owners. As a result, the developer of the residential portion of the Malibu Lake PUD will be constructing much of the Northbrook Drive extension along the eastern property line of the Brentwood PUD to the Malibu Lake PUD to the south. The intent is to provide an integrated plan of development that where the commercial and residential portions of-the-two PUD ~ojeels flow easily logelhe~ s-ach as has beer, -do~-te ~r, xhe Strand PUD. 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 Furore Land Use Element of the Growth Management Plan. The property is located within an Activity Center on the Future Land Use Map. Since this district permits commercial and residential uses, the- existing commercial/indu~qxial PUD is compatible with the commercial uses to the north and west. Given the urban influence impacting this area, the proposed change to add commercial uses similar to those uses approved in the Malibu Lake PUD are consistent with requirements of the FLUE to the GMP. This amendment will not change any consistency standard or relationship with the existing commercial zoned properties. Utility_ Infrastructure - Water supplies are available to this site. All development must comply with surface water management requirements invoked at the time of site development plan review. Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not have a significant impact on Immokalee Road or on Oakes Boulevard by virtue of the fact that vehicular site generated trips resulting from the proposed amendment 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. However, to improve traffic circulation and access onto Immokalee Road, staff recommends the final access design be subject to Transportation Services approval. - PUD Development Standards & Master Plan - The petitioner has requested changes to the currently approved Master Plan to reflect the traffic circulation and interconnection /mprovements along with integrating ~e water management with fhe -Mal~u lake-PUD. As a _?~:qu!t,~this_amendment_d___o~!n_ '_t~e2he_approved developable.acr~_~ge~nor_have_an adverse impact on any level of service standard. STAFF. RECO~LME. NDATtON: Siaff recommends that the Coliiez C. ounvd Planning Commission forward P~tilian PI. ID-Iig-28 (2) to the Board of County Commissioners with a recommendation for approval. 4 ~PREPARED BY: RAY~LLoWs, PRrNCWA~ PLANNER  D~O, ~, ~AGER ~ PLUG SECTION '~$~RT }. ~LHE~, mcP, D~CTOR ~L~G SER<CES DEP~E~ APP~BY: ~, AICP, ADMINISTRATOR COMMLH~TY DEV. AND ENVIRO~~ SVCS. StaffReport forT_Jecember 2, 1999 CCPC meeting. · ,'/'//-r7 DATE DATE COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN RVB/rb/STAFF REPORT/PUD-89-28 (2) :. BRENTWOOD PUD, PUD-89-28 (2) View looking south across C.R. 846 View looking down Northbrooke Drive View along the western property line. RVB/rb View looking southwest along C.R. 846. 6 pUD:ap- S PETITION NUMBER DATE APPLICATION FOR PUBLIC HEAR/~G FOR PUD AMENDMENT/DO AHEND~ COMMD-Ni~DEVEiA)la~ENTDTV/SION PLANNING SERVICES .__..._.....--.----.----------'' Name of Applicant(s) Larry J. Gode~ Pres.~ 846 Developments of Naples, Ir Applicant's Mailing Address 5475 Shirley st.,.Suite 2 city Naples State FL Zip 34109 Applicant's Telephone N,,mher: Res.: NA Bus.: 591-4231 Is the applicant the owner of the subjec~ property? XX Yes No .... (a) If applicant is a land trust, so indicate and name beneficiaries below. XX (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. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Larry J. Gode is President and owns 50% of corporation. Robert S. Hardy is Vice-President and owns 50% of corporation. (If ~pace is inadequate, attach on separate page.) 2. Name of Agent William L. Hoover Fir~ ..Hoover Planning ~.., Agents Mailing Address 3785 Airport Road N., Suite B City Naples Telephone Number: Res.: State FL Zip 34105 NA Bus.: 403-8899 Fax: 403-9009 3. PUD ORDINANCE NAME AND NUMBER: Brentwood PUD 0rd.~97-47 & ~90-36 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 ~para~s !~ga! description for property involvmd in each di~t~ict. Tf property is odd-shaped, submit five (5) copies of survey (1" to 400' scal%) . '."~-E APP~I~--~%A"~ !__~ ~E~'SIBLE FOR SUPPL¥iN~ THE ~0]~d~T ~ DESCRIPTION. IF QUESTIONS ARISE CONCERNING ."~E LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION S~ALL BE REQUIRED. SECTION 30 TOWN~HIP 48 S RANGE 25 E Address or location of subject property Road, between 1-75 and 0akes Blvd. The south side of Immokalee 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. o TYPE OF AMENDMENT: XX A. PUD Document Language Amendment XX B. PUD Master Plan Amendment C. Development OrderLanguage~u~_~dment ~KXES~%M]gNDMENT~LY~/T-H-THE No If no, explain: F~ A PL~LIC H~.ING BE~N HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION ~: DATE: XX Yes 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. x¥ No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT ~X William L. Hoove~ (owners' aqen~/~g 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 accurste before a hearing can be advertised. We further permit the undersigned to act as our representative in any ma~ters regarding this Petition. See attached authorization letter. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. ~IGNATURE OF OWNER SIGNATURE OF OWNER 'SiGNATURE OF AGENT State of Florida County of Collier .~ .~h.e foregoing Application was_ acknowledged before Me this is personally ~go~n,.t~e or who has produced .... ~ ~'~Yf~ L~~s identification and who did (did not) tak~ an 6ath. / ~ /) - ~ NOT~Y PuBic ' c~mission ~ My Co~ission Expires: ~.~.UD\DO APPLICATION/md/4128 3 3 ~, t~ · G'~"/. 44'1' 7.. NOTARIZED LETTER OF AUTHORJZATJON RE: Proposed 18;67 Acre Brentwood PUD Amendment, Located Within the SE Quadrant of the i-7511mmokaiee Road Interchange, in Section 30, Township 4~S, .l:[ange 26E, ;Collie,- County, Florida To Whom It May Concern: Please be advised that Purse Assoc. iate~, 1nc., 4450 Bonita [hea~ Road, Unit 9, Bonita Springs, Florida 34134, Hoover Planning, 3785 Airport Road North, Suite 'B, Naples, Florida 34105, and Kevin L Ervvin, Consulting Ecologist, Inc., 2077 Bayside Parkway, Fort Myers, Florida 33901 have been officially engaged by ~46 Developments of Naples, Inc., to act as authorized agents and to request necessary applica_ tions during the PUD Amendment, Subdivision Master Plan (Preliminary Plat), Environmental Resource Permit, and related developmental/permitting processes for the subject project. Shlcerely~ / ~tle STATE OF FLO~;IDA ' COUNTY OF The/fo?going instrument was acknow~.~ged before me -this ~~y known to~l~ e or has produced as ide~ification a~d--~who did (did not) take ar~ oath'----T ? -~N~ary Publi~ State of Florida My Commission Expires: ~-~c~J2, day of who is (l~B) JoAOOH '8 LIST OF PROFESSIONALS WORICING ON PUD REZONING Geoffrey G. Purse.. P.E.; Purse Associates Inc., 4450 Bonita Beach Road, Suite Springs, FL 34134 Phone # 948-2100 Fax # 948-2102 Within L. Hoover, AtCP, Hoo_ ,,,er Planning, 3785 Airport Road N., Suite B, Napt~ FL 34105 Phone # 403-8899 Fax # 403-9009 Cxaig Smirk Keri_n_ L. E_~..'~ Co~n_~u!tLng E¢~bgL~.s, 2077 Bays~e P~_xkw~y, Fo.n. Myer, FL 33901 Phone # 337-1505 Fax # 337-5983 HO 0 VER PLANNING Rezonings, PI]Ds, PDs, C4mditional tl..'~, Special Exceptions, Variances, T~lParld~lZoning/Feasibility Studies & Site Plans (in sW Florida) Mr. Ray ~lows Collier County Chnxcnt Planning 2800 lq. ~Dfive 1~: eropo~l,~amadn~atto ~=awoodPIJD PUD 8 9 ' 2 8[~ ) The subject 18.67-acre site is located on the southern side of Immokalee Road, approxinmtely haft-way between 1-75 and Oakes Boulevard. The site is currently undeve~ped and zomd for co.~cial, office and light indu.mia]/storage ]and uses. In May 1999, the petitioners ~ the ~ land and would tike ~o develop it for a commercial project. Over the tast 6 months, thc petitioner has been working with the contracted pmv. tmser of the M~h'hu Lake PUD to provide for a new access onto Livingston Road, that would align with Northbrooke Drive and an access onto Oakes Boulevard via an extension of 20th Avenue NW. This secondary access to Oakcs Boulevant would permit residents to visit commercial land uses in thc southeast quadrant ofi-78 and Immokalee Road without having to make :2 left turns on !mmokalee Road. The~ PUD is ~ litnited to a maxinnnn of 12,000 square fret of retail and office or business park uses on Tracts 2- 5. Office .uses on ~Tracts 2 - 5 (10.8 acres)mc tin~ed to a floor area ratio of.35, which is n mnximmn of 164,657 square feet of office uses. The overall site is proposed, via this PUD Amendment, fora ~ of 186,700 square fret ofreta~ uses. Project build-out is anticipnted in 2001. recently at,prov~ ~ portion of the Maliba Lal~e~PUff .... : ~:, r . N~e Phza commexcial PUD. 4) Stonm,mter for the project may be directed to the tm~ if any additional items are needed or the County staff has any suggestions on improving this HOOVER PLANNING W~illsm L. Hoover, AICP 3785 Airport Road North, Suite B, Naples, Florida 34105 · Phone: 941-403-8899 · Fax: 941~403~~- P~aza lmmo~ad AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEXrE!X)PMEI~I' CODE, WI4ICH !!~CLLrDES COMPREHENSIVE ZONING REGULATIONS FOR THE LVNINCORPORATED AREA OF COLLIER COLq'q'rY, FLORIDA, BY AMENDING THE OFFICIAL ZOl, rfl~lG ATLA~ MAP lqUMB~ S63Olq BY CHANGING TI-IE ZON'ING CLASSIlVlCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BRENTWOOD PUD HAVING THE EFFECT OF REDUCING THE MAXIMUM BUILDING HEIGHT TO 40 FEET, ELIMINATING LIGHT MA~,,%TAC~G V?iIOLESALE, AND GENEP,,AL STORAGE AS PERMrrTED USES AND ADDING COMMERCIAL USES AND DIRECTING STORMWATER DRAINAGE INTO THE MALIBU LAKE PUD SYSTEM, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (S.R. 846) BETWEEN 1-75 AND OAKES BOULEVARD, IN SECTION 30, TOWNSHIP ,18 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.67+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-36, AS AMENDED, THE FORMER BRENTWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning, representing 846 Developments of Naples, 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; The Zoning Classification of thc herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit DevelopmenI ia a~or, i~nee with the PUD Document, _~--~hed h~remo as l~.,t,~ 'A-, which is incorporaled herein and by reference made pan hereof. The Otlci~ial Zonin~ At}as lVfalp llumb~r~d 8630N, as described in Ch'dinanc~ ~umb~r 91-102, thc Collier Count~ laud Dcvelopmenl Code, is heruby amended accordingly. -3.- SECTION TWO: Ordinance Number 90-36, as amended, known as the Brentwood PUD, adopted on May 15, 1990, by the Board of County Commissioners of Collier County, is hereby r~ealed in its PASSED AND DLrLY ADOPTED by the Bo,~d o£ ~oun~ Commissioners of Collier Cowry, Florida, ~_is __ day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .approved as *~o Fo-,'m ~nd Legal Sufficiency Marjoi'/e M. Student Assistant County Attorney g/adminJOr~n~n~'PUD-$9-2 8(2 )/RB/im BY: PAMELA S. MAC'KIE, CHAIRWOMAN -2- BBENTWOOB PIJB A PLANNED UNIT DEVELOPMErf PREPARED FOR: LARRY GODE 846 DEVELOPMENTS OF NAPLES, INC. 5475 SHIRLEY STREET, SUITE 2 NAPLES, FLORIDA 34109 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 AND GEOFFREY G. PURSE, P.E./JERRY NEAL, I~E. PURSE ASSOCIATES, INC. o 4450 .BDNITA Z~:ACH ROAD,,SUITE ~9 BONITA SPRINGS, FLORIDA 34134 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER .. September 8, 1999 Now~nber 5, 1999. T~BLE OF CONTENTS TABLE OF CONTENTS STATEMENT .OF ,COMPLIANCE SECTION ! PROPERTY OWNERSHIP AND DESCRIPTION SECTION I! c~n ,Cr'T nc:wcJ ('3DI~,'IEKIT I~l:('"tl IIl~l::l~alC~T.~ SECTION II! COMMERCIAL AREAS PLAN SECTION tV DEVELOPMENT COMMITMENTS PAGE i ii 1 2 5 8 13 LIST OF EXHIBITS EXHIBIT 'A" EXHIBIT "B-l" F_Y.H~t' "8,-2" EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" PUD MASTER PLAN MASTER DRAINAGE PLAN WATER ~MANAGEMENT LAKE MASTER UTILITIES SITE PLAN LEGAL DESCRIPTION SFWMD JURISDICTIONAL ,LETTER ii STATEMENT OF COMPLIANCE The development of approximately 18.67d: acres of property in Collier County, as a Planned Unit Development-to ~be kno~-~ as E~rentwood PUD "~" ' w,,, be m comp~ianc~ with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial facilities of the Brentwood PUD will be comprehensive- planning objectives for the followir,,g reasons: The subJect property is within the Interstate Acflvi_ty Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Sub-District of the Urban - Commercial District in the Future Land Use Element. The Future ' -----' Use Element permits commercial ~land uses this area. '5. The subject property is located at the southwest comer of the intersection between Northbrooke Drive and tmmokalee Road. This strategic location allows the commercial site area superior access for the location of highway interchange land uses, as permitted by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of commercial land uses as required 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. 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. All final local development orders for this project are subject to Division 3.15, ~ Public FaciUties, of the Collier County Land Development Code. 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The ~3urpo~ of ~ ~ ~ ~ _set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be · levelope.d ~nder the.project name of.Brentwood PUD. LEGAL DESCRIPTION The subject proper being 18.67+ ac,es, located in Section 30, Township 48 South, and Range 26 East, with the legal descriptions provided as Exhibit "D". PROPERTY OWNERSHIP The subject property is owned by: 846 Developments of Naples, Inc. 5475 Shirley Street, Suite 2 Naples, Florida 34109 GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject propeRty is located at the southwest comer of the intersection between Northbrooke Ddve and Immokalee Road, in unincorporated Collier County, Florida. Bo The subject propeRty consists of the existing Brentwood PUD, that is undeveloped but approved for retail commercial, storage, industrial, and office land uses. Retail commercial, office, and 'light storage land uses would continue to be permitted on this parcel within this PUD. 1.5 ?H,YSICALOESCRIPTION "The -project site is located along 'the western -boundary ~and ~ithinffhe-,Niain Golden Gate Drainage Basin according to the Collier County Storm Water Management Program Master Plan. The proposed out-fall for the project is 'the existing canal located along the project's eastern propeRty line. Natural ground elevation is approximately 10.2 to 13.9 NGVD. The entire s~te is located within FEMA Flood Zone 'X" with ~o base flood elevation specified. The ground on the site is lowest adjacent to Immokalee Road. The ground gradually "'"""" '"'"'°'~ from *~ """'~ southern end of the project. The ~ ~ter ,m~jem~r~t ,s~ ~ the project will be designed in accardance a~th ~e South Ftofida Water Management District's Rules. The on- site drainage system will be designed .fora 25-year, 3-day storm event, with a perimeter berm having a crest elevation set at the 100-year, 3-day flood stage. Water quality pretreatment will be provided by a dry retention and/or lake system prior to discharge to the existing canal. The storm water management system may be located on-site or..,.-~,~-~i*=.,.... The -..........~o,"~*~,',,', cana! along the eas~rn boundary may be widened to provide additional storage capacity upon agreement with the Big Cypress Basin Board (SFWMD). The site drainage may be dfrected into the Matibu Lake PUD system for quantity and quality treatment upon written agreement with the developer of the Matibu Lake PUD. Per Collier County Soil Survey, dated 1998, there are 2 types of soil found within the limits of the property: #2 - Holopaw Fine Sand, Limestone Substratum (hydric) #21 - Boca Fine Sand The Holopaw Fine Sand is a narrow strip located along Immokalee Road and along the canal. This comprises about 4.7 acres or about 25% of the site. The Boca Fine Sand covers about 14 acres or 75% of the site. The Hydric Soils of Florida Handbook, 2nd edition, describes the Holopaw Fine Sand unit as-hydric and the Boca Fine Sand unit as a non-hydric soil with 40% hydric soil inclusions. The site vegetation consists mainly of Melaleuca in the northern portion and Pine Flatwoods-Cypress/Cabbage Palm in the southermportion. The site has been heavily invaded by the exotics: Melaleuca and Brazilian Pepper. 1.6 PROJECTDESCRIPTION 1.7 Tfle~Brentwood PUD ~s ,an -18.67-acre ~'ornmerciaPproject. T~he ~ommerciaidand uses and signage are designed to be harmonious with one another in a natural setting by using common architecture themes, quality screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be knova, and cited as the "Brentwood Planned Unit Development Ordinance". 4 SECTION II 2.1 2.2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The pu~ of. tt-u_s ~ ~s to ~ a.m:! ~y ~ ~ project plan of development, relatior~ships to applicable County o~inances~ the respective land uses of the tracts included in the .project, as well as other project relationships. GENERAL Ao Regulations for development of the Brentwood 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. Ali conditions imposed and graphic material presented depicting restrictions for the development of the Brentwood PUD shall become part of the regulations which govern the manner in whish the PUD site may be developed. Unless~specificall¥ 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. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate P~blic Facilities ~)I the CDJiier CD~r~t-y Land DevetDpment Code at the earliest, or next, to occur of either Final Site Development Plan approval, 2.3 2.4 2.5. 2.6 Final Plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES A maximum of 186,700 square feet of commercial area is projected for construction on the 18.67 ar, res of this project. Each 26 hotel rooms developed, would replace approximately 10,000 square feet of commercial area projected for development on this project. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The types of uses identified on the PUD Master Plan shall be as set fo.rth in the general configuration iljustrated graphically on Exhibit "A", which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the uses identified on 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 and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recordin~ 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. Excavation activities shall comply with the definition of a 'Development Excav~on' 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 213,000 cubic yards. _Aj! _O[h_e-r ~proyjSio_n_s ~of DJ~'[on ~3~5. Exc, a~atio~ _of_the Lend Development Code shall apply. 3.1 3.2 3.3 SECTION III COMMERCIAL AREAS PLAN PURPOSE The ~ o~ Lhis ~ J~ to J{Jentify ~c ¢levelopmeat standards for the Comn~rciai Areas as shown on Exhibit "A", PUD Master Plan. GE.NEPAL DESCRIPT, ION Commercial areas designated on the PUD Master Plan are intended to provide retail commercial, office, and light storage uses. 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. Amusement and Recreation Services (groups 7911,7933, 7991). 2. Apparel and Accessory stores (groups 5611 - 5699). Automotive Dealers (group 5511), Auto Supply Stores (group 5531), Convenience Food Stores with gas pumps (group 5411) and Gasoline Service Stations (Group 5541 Automobile Service Stations only, with services and repairs as described in Section 2.6.28 of the Collier County Land Development Code and excluding Truck Stops - Retail. Diesel pumps may only be provided for automobiles and trucks of l~,ton or less capacity.), Boat Dealers (5551) and Motorcycle. Dealers (5571). Auto Rental Services and Car Washes (groups 7514, 7515, 7542 only for automobiles and trucks/buses of I ton or less capacity). o Building Materials, Hardware, and Garden Supply (groups 5231- 5261 ). Business Services (groups 731 I, 7313, 7322 - 7338, 7361, 7371 7384). 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Depository and Non-Depository Institutions (groups 6021-6199). Ea*;'"''' /'""'"'" ,'-mu- 5813 only .... ~ P~aces ~.~o~ and r'trinl~'inn Pta~s cocktail lounges and night clubs in conjunction with a restaurant.) .E4J~ ,~en~J~;e.~ ~gro~ps 8211 - 8249 no exterior instruction of equipment, 8299). Food Stores ( 5411, 5421, 5431 except roadside sales - 5499). General Merchandise Stores (groups 5311 - 5399). Health Services (groups 8011 - 8099). Holding and Other Investment Offices (groups 6712 - 6799). Home Furniture, Furnishings and Equipment Stores (groups 5712 - 5736). Hotels and Motels (group 7011). Insurance Carriers, Agents, Brokers, and Services (groups 6311 - 6399, 6411). Legal Services (group 8111). Membership Organizations (groups 8611, 8621, 8641, 8661). Miscellaneous Repair (groups 7622 - 7631). Miscellaneous Retail (groups 5912, 5932~, antiques only 5941 - 5949, 5992 - 5999 except auction rooms, monument and tombstone sales). Movie Theaters (group 7832) and Video Tape Rental (group 7841). Museums and Art Galleries (group 8412). Personal Services (group 7212 Dry-cleaning and laundry pickup stations only 7215, 7217, 7219 ~ 7291, 7299 car title and tag service and tanning salon only). 25. 26. 27. 28. 29. 30. 31. 32. Professional Offices, Research, and Management Consulting Services (groups 8711 - 8748). Public Administration (groups 9111 - 9661 ). Real Estate Agents and Managers (groups 6512 - 6552 ). Security and Commod~ Oeatem (grot,ps 621 ~! -6289). Social Services (groups 8322 only adult day care services, counseling services, and senior citizens associations 8351). Travel Agencies (group 4724). Veterinary Services (group 0742 for household pets only and · a,'ithout any overnight boarding or outside kennels). Warehousing (group 4225 but for self-storage only with no outdoor storage, no on-site maintenance/manufacturing, and buildings architecturally designed to look like office buildings for persons viewing the project from off-site.) Any other commercial use or professional service deemed comparable in nature by the Development Services Director. Accessory Uses: 1. Uses and structures that are accessory and Permitted Uses within this PUD Document. incidental to the 2. Cocktail Lounge (group 5813, only in conjunction with Eating Places). ~ Caretaker's residence as described in Section 2.6.16 of the Land Development Code. J:)EVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (1{),0{:)0)square feet. B. Min',~num ~i~ Wi~: !0 Fo Go Seventy-five (75) ~et. · ,~,.,i,.-,,,.,., Yards: (1) Principal structures: (a) Front Yards -'Twenty (20) feet. (b) Rear Yards- Fifteen (15) feet. (c) Side Yards - Ten (10) feet. (2) Accessory Structures: Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at time of building permit application. Distance Between Principal Structures: One-half the sum of the heights but a minimum of ten (10) feet. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor. Maximum Hei.qht: Forty (40) feet. Off-Street Parkinq and Loadin,q Requirements: · As required by Division 2.3 of the Land DeVelopment Code in effect at the time of building permit application. Open Space/Naturai+labitatPreserve Area Requirement: 1. A minimum of thirty (30) percent open space based on the gross area for the Commercial Areas of the PUD, as described in Section ,..6.3,..,, of fl-~e Land Development, Code. Bufferinq Requirements: 11 Jo (1) (2). (3) Si,clns (1) (2) A twenty (20) foot wide Type "D" Buffer shall be .provided along Immokalee Road, with the landscaping as required in Section 2~4_7~4 of ~h~e Co]tier Cc)unty J.and De~/e~opmer~! Cc)de. A ten (10) foot wide Type "A" Buffer shall be provided along the western PUD boundary, with the landscaping as required in Section 2A.?A of the Collier County Land Development Code. This Type "A" Buffer requirement may be waived by the Current Planning Staff where the site is simultaneously developed as a single project with the abutting Mocake PUD to the west and cross- accesses are provided. A fifteen (15) foot Buffer "B" shall be provided along the southern boundary of the PUD. if a Natural Habitat Preserve Area is developed along the northern boundary of the abutting Residential Area of the Malibu Lake PUD, this buffer shall not be required as long as this preserve area meets the requirements of a Type "B" Buffer. The subject project and the residential portion of the Malibu Lakes PUD shall have a common name. A sign will be permitted identifying the residential project(s), including directions to the project(s). The sign shall not exceed twenty-four (24) square feet. All other signs shall be permitted as described in Section 2.5 of the Collier County Land Development Code. 12 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 PURPOSE The purpose of. this Section is to set forth the counts for the deve~nt of this project. GENERAL 4.3 Ail facilities s,,,c~ accordance~,,,,,,,,,;*~' 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 agree to 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 Ao 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. Ail 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. 13 4.4 4.5 4.6 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at th~ t.i,,'r,~ of site -' ..... ~'--~"J The -'-'-~"~' "-',~-'"*-"~ t;2) or three (3) phases. The- ~ shall ~)mcee¢l ~ be ge~emed .a~r, or~ to the ame limits pursuant t~ Section 2.7.3.4 of the Land Deveh3pment 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. Bo 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 A copy of the Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. A copy of the Malibu Lake Surface Water Permit shall be submitted to Collier County Development Services prior to Final Site Development Plan Approval. An Excavation Permit will be required, for any proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Lake setbacks"from'the perimeter of-the--PUD ~may~e-reduced-to-,twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. Eo A right-of-way permit from the Big Cypress Basin Board (SFWMD) shall be obtained for any impacts in the canal east of the property. 14 4.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or ~_e~.age ~eat.ment faci!i~Jes ~ se~e the project are 5o he de~signed~ constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Except on an interim basis, for structures such as sales/construction trailers and models, the project shall be required to hook-up to and utilize public water and sewer facilities. At the time .of Site _Deyelopment Plan review, the site plan shall indicate the main size and the cul-de-sac radius. 4.8 TRAFFIC The applicant shall be responsible for the installation of arterial level street lighting at the project entrance onto immokalee Road, prior to the issuance of any Certificates of Occupancy, unless these improvements have already been accomplished or are shown as part of the 4-1aning plan for the Immokalee Road corridor. The project may be required to proceed in phases beyond 1999 if the Level of Services (LOS) of any roadway within the Radius of Development Impact (RDI) falls below the minimum standard set forth in the Growth Management Plan. The petitioner may, however, provide additional capacity, such as additional turn lanes at intersections or traffic signals, if warranted, in advance of when the County would otherwise have programmed any such improvement. Co If the project receives a minimum of a right-in/right-out access that aligns with Northbrooke Drive, the Brentwood PUD shall eliminate their access onto the existing frontage road and a cross-access shall be provided to the commercial portion of the Malibu Lake PUD upon receipt of a "fair share" payment from the property owner or,he commercial portion ofthe -Mahbu-,,.~,,..-,~JJD -for .all nf -the Jrnm~...,ee ~_Eoad/Northbrooke ..Drive intersection improvements, the southerly Northbrooke Drive Extension roadway/utility improvements, and the westerly roadway/utility improvements across the Brentwood PUD. 4.9 PLANNING 15 AGE NDAJ. TEM,- No ~ D~¢ J. 4 1999 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. $_outh Florida Water Management District has performed a Jurisdictional Determination on this property and did not claim any part of the site as wetlands. A copy of the District's letter dated February 24, 1999, is attached. Bo Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species. Where protected species are observed on-site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. 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 3.2.8.3.4 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 and 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 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. ~V~%ere natural buffers.,are ~ot-~possible, ~struatural ~-,bz~srs-,~hall ~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, 16 AGEND~TF-~ No. ~ DEC 1 4 1999 shall be submitted to Current Planning Environmental Staff for review and approval prior to ~=inal Site Development Pian/Construction Plan approval. The project shall ,,meet the Nature! Habitat Prese~e Area requirements, as described in Section 3.9.5.5.3 of the Land Development Code. This project shall retain a minimum of .41 acre of existing native vegetation or shall mitigate it on-site with the la[ger plant materials as required by Section 3.9.5.5.4 of the Land Development Code. The .41 acre shall be identified at the time of the next development order-submittal. 17 AG EN D~TF~.M, DEC 1 4:1999 '-/3.____ till EXHIBIT "B-l" ~TCR~ II EXHIBIT "B-2" EXHIBIT "C" EXHIBIT / / / / L / . t South Florida Water Management District I:ort ~,l)'ers $¢tvi¢¢ Center ' 2301 ~/[¢C;rcgf)l Ihn]lcv:,rd ' Fort ,Myer.% r.'I, 33901 (94t) 338-292'/' ['"ax (9d 1) .* ~g-2936 · 1-800-24g..- ! 201 · Suncom 7,18-2929 F~bruary 24, t999 :2077.Bays:de :Parkway Fl Myers, Florida 33901 Stibjccll hnmokalee Road Parcel 2; Informal Surisdictional Wetland Inspection, Collier County, S-30 / T-48-S / R-26-E Dear Mr. Smith. Thc District offers thc fifllowing in rcsponsc to your request for a determination of thc jurisdictional wetl~tut boundaries and other surface waters located within the subject property Craig Schmittlcr, Environmental Analyst, of the Natt, ral Resource Management Division, conducted a sile inspection on February 16, 1999. The project boundarics shown on the attached aerial :dent:fi/the approximate lm~its of the propcrty inspected Based on the information provided and the results of the site inspection, there arc no jurisdictional wetlands or other surface waters, as defined in Chapter 62-340 F.A C within the property boundaries. This correspondence is an informal pre-application jurisdictional determination pursuant to Section 373 42](6) and F A C 62-312.040(7). ]t does not bind the District. its agems or employees, nor does it convey any legal rights, expressed or implied Persons oNainmg this informal pre-application jurisdictional determination are not entitled lo rely upon it for purposes of¢omplianec wilh provision of law or Distric~ rules A binding jurisdictional determination may be obtained by sutmfitting an applJcalion !o lhc South Flor/da Waler Managcmen~ Dlslncl FI Myers o~ce Ibr a Formal dcterminatmn pursuant to Chapter 40E-~.0a2 F A C or by applying for a permit ~ Mr. lmmnkalcc Road l),arccl Pa!~c 2 t~avc any further ques~io,s please conlilcl 'Crai!l 5chmittlcr m (941) '}38-2929 ext '/"/39. Super'vising Proi'cssional Ft Myers Service Center Y, MJ/cds - Attachment (Memo. Location Map, and Aerials) you CZ' USACOE - Ft Myers w/memo, location map, and aerial DEF-Joh~ Itlleh~ri wl memo, location map EXECUTIVE SUMMARY PETITION PUD-93-01(5), YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING WCI COMMUNITIES, INC., REQUESTING A REZONE FROM "PUD" TO "PUD" KNOWN AS PELICAN MARSH PUD FOR THE PURPOSE FOR AMENDING ORDINANCE NO. 99-33 HAVING THE EFFECT OF ADDING 141.6+ ACRES FOR ADDITIONAL MIXED USE RESIDENTIAL AND GOLF COURSE DEVELOPMENT AND MAKING RELATED REVISIONS TO THE MASTER PLAN AND TEXT, AND BY REZONING THE ADDED LAND FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT, FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD AND EAST OF LIVINGSTON ROAD, IN SECTION 48 SOUTH. RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO DOA-99-04) OBJECTIVE: This petition seeks to amend the Pelican Marsh PUD by adding 141.6 acres. This land is currently zoned "A" Rural Agricultural and is proposed for rezoning to "PUD" Planned Unit Development. Additionally, certain revisions are proposed to the current Pelican Marsh PUD regulatory document having the effect of reducing the authorized number of dwelling units from 4,900 to 4,800 dwelling units. Additional changes involve the allocation of land uses in the 80 acre activity center located in the northwest z ~d northeast quadrants of Airport-Pu!ling Road and Vanderbilt Beach Road The following revisions are proposed: The previously approved 80,000 square feet cultural center, with up to 750 seats, is to be delcted. The amount of approved retail commercial use is being reduced by 21,400 square feet from 402,500 square feet to a new total of 381,100 square feet of gross floor area. The amount of proposed office space within the activity center is being increased by 120,800 square feet, to a proposed total of 295,800 square feet, of which no more than 9,000 square feet may be medical office space. CONSIDERATIONS: The parcel of land to be annexed to Pelicm~ Marsh lies north and east of the proposed Vanderbilt Beach Road and the extension of Livingston Road ..... .- The application proposes to rezone an additional 141.6 acres of land for the purpose of annexing same to the current Pelican Marsh Master Plan. Said 141.6 acres of land will be developed with mixed residential uses and a continuation for Pelican Marsh's golf course system. An open space reserve area will be located on the northern portion of the area to be added. In addition, amendments to the current Pelican Marsh PUD regulatory document are proposed to deal with the distribution of land uses in the activity center designated area to reduce the overall number of authorized dwelling units from 4,900 to 4,800. In summary, land use changes are as follows: Land Use Current Proposed Difference 1) Number of Dwelling Units 2) Delete Cultural Center 3) Retail/Service Space 4) Office Space 5) GolfHolcs 4,900 4,800 80,000 sq. fff750 Seats -0- 402,500 sq. fi. 381,000 sq. fi. 175,000 sq. fi. 295,800 sq. fi. 63 hole'~ 72 holes Minus 100 Minus 80,000 sq. fi. Minus 21,400 sq. fi. Plus 120,800 sq. t~. Plus 9 holes Evaluation of these changes for consistency with applicable elements of the Growth Management Plan advise as follows: Land Use - Evaluation is only for the land to be annexed, inasmuch as the Pelican Marsh PUD was found to be consistent when adopted. The annexed land area is located within the urban designated area on the Future Land Use Map to the Future Land Use Element. This designation allows for all manner of housing structure types. No additional dwelling units are requested within this petition, and in fact the number of housing units authorized for Pelican Marsh will decrease by 100 dwelling units. Clearly this petition is consistent with FLUE provisions for land use and density. T,,affic Element - Traffic impact analysis cf the changes sho~: that :heir cumulative cffect will result in a slight decrease in the overall external trips generated by this PUD development inclusive of the annexed land area. Therefore, this petition is consistent with traffic circulation element policies. Open Space/Conservation - Approval of this petition will result in an increase in open space and conservation both of which thresholds were well and above what is required under the current Pelican Marsh PUD. Therefore, these elements are to be consistent. Other Applicable Elements - these include sewer, water and storm water management. The annexed land will be connected to the county's water and sewer district facilities and is therefore consistent. Storm water management permitting falls xvithin the jurisdiction for the S.F.W.M.D issues an approved permit notification for storm water drainage. 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, by they positive or negative culmination in a staff recommendation based on that comprehensive overview. The listed criteria's are specifically noted in Sections 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff recommendation based of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Planning Commissioners. Each of the potential impacts of considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff Staff review of each of the criterion is followed whichever the case may be, in the opinion of staff Staff review of each 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. With respect to the evaluation of compatibility, this only has relevance to the annexed area. Property surrounding the annexed area includes the Wilshire Lakes residential community, an Equestrain Riding Academy, Vineyards residential communities and the Tiburon section of Pelican Marsh. In all instances, this project is an integral part of a developing residential neighborhood and is clearly compatible with its environment. Up to 425 dwelling units may have been developed on the area to be annexed, therefore, the effect of this rezoning action is to reduce the number of potential dwelling units as represented by the enlarged Pelican Mash project of up to 525 dwelling units The effect of the various revisions to the Pelican Marsh PUD advises a slight decrease in the overall external trips generated by this PUD. Because of this the difference between the proposed site generated traffic and the currently approved site generated traffic will not exceed the significance test ~t~nd~.~-'! (5 ~'~,'rce~t .~f the I OS "C" design volume) on troy County or State road. The current PUD contains traffic related development commitments which will similarly apply to any intersections created by the development of the annexed area. The property will have only one access point from the east side of the proposed extension of Livingston Road. FISCAL IMPACT: The cumulative effect of these changes will likely result in a slight reduction to the amount of impact fees that will be generated by development at built out. This reduction will primarily be the result of reducing density, inasmuch as for all practical purposes the net effect of the revisions to commercial floor area off set one another. HISTORIC/ARCHAEOLOGICAL REVIEW: The added 142 acres east of Livingston Road is located outside any historic/archaeological probability area. In addition, the currently approved DRI/PUD currently provides the following: 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. Revisions to the current PUD to not affect any historic or archaeological relationships. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Grovnh Management Plan cmmot have an impact on the Collier Count y 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 PLANNING SERVICES STAFF RECOMMENDATIONS: 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~93-01(5) subject to the conditions of approval that have been incorporated into the PUD document ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC heard this petition on November 3, 1999. They unanimously recommended approval subject to condition of approval that have been incorporated into the PUD PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 3, 1999. They unanimously recommended to forward this petition to the Board of County Commissioners with a recommendation of approval. 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 "RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROB FRF J. MULHERE, A.ICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPRO ,~V~D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE December 14, 1999' EX SUMMARY/Petition PUD-93-01 (5)/RN/ts AGENDA ITEM 7-D TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL __ OCTOBER 20, 1999 PETITION NO: PUD-93-01(5), PELICAN MARSH COMPANION TO DOA-99-04 OWNER/AGENT: Agent: Mr. George L. Vamadoe Young, van Assenderp, Vamadoe & Anderson 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Owner: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 (See petition for ownership details) REQUESTED ACTION: This petition seeks to amend the Pelican Marsh PUD by adding 141.6 acres. This land is currently zqnezl "A" Rur,~l Agricultural and is proposed fo~ rezoning to "PUD" Planned Unit Development. Additionally, certain revisions are proposed to the current Pelican Marsh PUD regulatory document having the effect of reducing the authorized number of dwelling units from 4,900 to 4,800 dwelling units. Additional changes involve the allocation of land uses in the 80 acre activity center located in the northwest and northeast quadrants of Airport-Pulling Road and Vanderbilt Beach Road. The following revisions are proposed:. The previously approved 80,000 square feet cultural center, with up to 750 seats, is to be deleted. The amount of approved retail commercial use is being reduced by 21,400 square feet fi.om 402,500 square feet to a new total of 381,100 square feet of gross floor area. The amount of proposed office space within the activity center is being increased by 120,800 square feet, to a proposed total of 295,800 square feet, of which no more than 9,000 square feet may be medical office space. GEOGRAPHIC LOCATION: The parcel of land to be annexed to Pelican Marsh lies north and east of the proposed Vanderbilt Beach Road and the extension of Livingston Road. (See location map for boundary and location of expanded Pelican M~trsh) PURPOSE/DESCRIPTION OF PROJECT: The application proposes to rezone an additional 141.6 acres of land for the purpose of annexing same to the current Pelican Marsh Master Plan. Said 141.6 acres of land will be developed with mixed residential uses and a continuation of Pelican Marsh's golf course system. An open space reser~-e area will be located on the northern portion of the area to be added. In addition, amendments to the current Pelican Marsh PUD regulatory document are proposed to deal with the distribution of land uses in the activity center designated area to reduce the overall number of authorized dwelling units from 4,900 to 4,800. In summary., land use changes are as follows: [.and l':~c Current Proposed Difference 1) Number of Dwelling Units 2) Delete Cultural Center 3) Retai! 5::ewice Space 4) Office Space 5) Golf Holes 4,900 4,800 80,000 sq. ff./750 Seats -0- 40,..5(;0 sq fi .~81,100 sq. ft. 175,000 sq. ff. 295,800 sq. ft. 63 holes 72 holes minus 100 minus 80,000 sq. fl. minus 21,400 sq. fi. plus 120,800 sq. fl. plus 9 holes EXISTING AND SURROUNDING LAND USE AND ZONING: Added Land: The added land area is undeveloped and zoned "A" Rural Agricultural. The area lies contiguous undeveloped land on the north, and the Wilshire residential commumty on both the north and the east sides. Both undeveloped and developed land lies between the project land and Vanderbilt Beach Road (i.e Equestrian Riding Academy). To the west lies the Tiburon portion of the Pelican Marsh PUD .. 2 GULF OF I~ExICO r'?c ~ '/'t3 J Existing Pelican Marsh PUD: Revisions to the PUD have no relevance to the purpose for citing surrounding land use conditions. GROWTH MANAGEMENT PLAN CONSISTENCY; Land Use - Evaluation is only for the land to be annexed, inasmuch as the Pelican Marsh PUD was found to be consistent when adopted. The annexed land area is located within the urban designated area on the Future Land Use Map to the Future Land Use Element. This designation allows for all manner of housing structure types. No additional dwelling units are requested within this petition, and in fact the number of housing units authorized for Pelican Marsh will decrease by 100 dwelling units. Clearly this petition is consistcnt with FLUSE provisions for land use and density. Traffic Element - Traffic impact analysis of the changes show that their cumulative effect will result in a slight decrease in the overall external trips generated by this PUD development inclusive of the annexed land area. Therefore, this petition is consistent with traffic circulation element policies. Open Space/Conservation - Approval of this petition will result in an increase in open space and conservation both of which thresholds were well and above what is required under the current Pelican Marsh PUD. Therefore, these elements are to be consistent. Other Applicable Elements - These include sewer, water and storm water management. The annexed land will be connected to the County's water and sewer district facilities and is therefore consistent. Storm water management permitting falls within the jurisdiction of the S.F.W.M.D. A permit has been issued for Pelican Marsh. This will require a permit modification. For its part, Collier County will not issue subsequent development approvals until the S.F.W.M.D, issues an approved permit notification f~,~ s~olni wa[er drainage. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Thc subiect petiiior, has been rC~.le~'~ ed by the appropriate staff responsible lbr uvcrsight reiated co the above referenced areas of critical concern. This includes a review by the Commumty Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning, and County Board of Commissioners. No issues were raised by reviewing staff members that were not resolved or otherwise provided for in the PUD document. The EAC reviewed this petition relative to their jurisdictional concerns on November 3, 1999. Their recommendations are included in the PUD document. ANALYSIS: 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 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 facct or' analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important aspect 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 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's 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 form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County ~_~onm~i:J~:c~crs. Eact~ of thc potential in,pacts or considerations identified dunng the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summa~ conclusion culminating in a determination of compliance, non-compliance, or co~nptiasce xx ~ti~ mitigation, These evaluations are com[,l~ted as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Land Use Density - The land use area to be annexed to the Pelican Marsh PUD is located within the urban residential designated area which anticipates a residential use of land. Additionally, an amendment to the Pelican Marsh PUD will reduce the number of dwelling units authorized from 4,900 to 4,800 dwelling umts inclusive of the annexed property. The result of this action will be to reduce the density for the Pelican Marsh community from 2.36 dwelling units per acre to 2.16 dwelling units per acre. The effect of this action will be however to substantially reduce density to what could otherwise have been the result of the annexed property developed on its own merits. Up , . to 425 dwelling units may have been developed on the area to be annexed, therefore, the effect of this rezoning action is to reduce the number of potential dwelling units as represented by the enlarged Pelican Marsh project of up to 525 dwelling units. The residential component of Pelican Marsh as revised, represents less than one-half the density that could otherwise have been constructed when one takes into account the density allowed under the current density rating system. With respect to the evaluation of compatibility, this only has relevance to the annexed area. Property surrounding the annexed area includes the Wilshire Lakes residential community, an Equestrian Riding Academy, Vineyards residential communities and the Tiburon section of Pelican Marsh. In all instances, this project is an integral part of a developing residential neighborhood and is clearly compatible with its environment. Traffic Circulati,~n -- The effect of tile various revisions to the Pelican Marsh PUD advises a slight decrease in the overall external trips generated by this PUD. Because of this the difference between the proposed site generated traffic and the currently approved site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any County or State road. The current PUD contains traffic related development commitments which will similarly apply to any intersections created by the development of the annexed area. The property will have only one access point from the east side of the proposed extension of Livingston Road. Infrastructure Use - The annexed area will be connected to the County's sewer and water system by the developer. The wastewater plan must be developed according to rules of the South Florida Water Management District, which has previously permitted the current Pelican Marsh developments. A permit modification will be required to accommodate development of the annexed area. Collier County will not issue a subsequent development approval until it has received confirmation of approval from the S.F.W.M.D. PUD Development Standards and Master Plan r. D,:velopment of the annexed land will be subject to the same development standards that apply to Pelican Marsh. These standards as evidenced by the current development are effective in producing quality residential and commercial environments. ~Rcx i~.ion to Commercml Land Use Intensity - A measure of the impact of changes to commercial land use intensity is reflected by the comments of the Florida Department of Community Affairs in its review of the DRI Development Order Amendment, a companion petition to the PUD amendment. The DCA concluded in their report that the changes will not create the likelihood of additional regional impacts and therefore, they do not object to the proposed amendment. In the opinion of staff, the increase in office space is more than offset by the decrease in density, elimination of a potential 80,000 square feet of cultural/educational type uses and retail/service space. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-93-01(5) as described by the Ordinance of Adoption and exhibits thereto, the Pelican Marsh PUD regulatory document and master plan. ; .... 5 ~ ; ~RED BY: I! I~I~ALD F. I~I~6, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: PLANNING SERVICES DEPARTMENq' DIRECTOR APPROVEDA~Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE ///~/~a'/ D~TE Petition Number PUD-93-01(5) Staff Report for the November 18, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RI_'%SEL L f.. BUDD. (.ki~xIRMAN ~admin;PUD-93-O1 (5)/STAFF REPORT/RFN/im 6 FINDINGS FOR PUD PUD-93-01(5) Section :2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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 patterns 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. (iii) The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of commumty services and facilities. (iv?, C'omprekensiv.~ multi-disciplined analysis supports thc stfimbility of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some lcss to travel time for users of the same arterial road svstem 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 infrastructures will be developed consistent with County regulations. Any inadequacies, which require supplcmenting 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. J. 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: (i) Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: ~,i) None. 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 It}cation of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: Fhe PUT) Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). 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. -2- Finding~ The amount of open space set aside by this project is greater than required by provisions of the Land Development Code. e The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for ~tqis finding. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Findin<: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely; because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular ease, 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: } valuation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The deveh~pment standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. g/adrmWPUD-93-01 (5)/RFN/im -3- REZONE FINDINGS PETITION PUD-93-01(5) 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 Future Land Use Map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. 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 The existing land use pattern. Pro/Con: Evaluation not applicable. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not apolicable. 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 FL[~ Urban Designation, an action which is expected given that timing is appropriate. Availability of adequ,~te inI]astructt~re, nearby urban development supports die timing relationship and justifies 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. 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. Findines: 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 as reflected by the FLUE supports an action to allow urban residential development. Con: (i) Urban Mixed-Use development may not coincide with res,dent's desire to maintain a natural atmosphere. 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 incompatil:le with surrounding land uses, because of peak volumes or projected Wpes 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 ot the GMP, therefore traffic intensity should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Urban intensification is cost effective. (iii) The goal of establishing a more traditional neighborhood with its own convenience sen'ices and recreational facilities should constitute a public benefit by discouraging external raps and theretbre conserving highway capacity. Con: (i) As urban intensification increases, there is some loss of comfort and eat of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements. 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. mm lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. -2- 10. 11. 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 area-wide flooding under the more severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental aclivities 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: Fvaluation not applicable. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area. Pro: (i) U~ban 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 Lis on the safe side. Con: (i) None. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself 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 or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. -3- 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. Findings' The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existinl~ zoning. Pro/Con: Evaluation not applicable. Findings: The subject property is zoned Rural Agriculture "A" and "PUD" Planned Unit Development. 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. 14. x, Vhether the change suggested is out ofscale with the needs of the neighborhood or the CounW. Pro/Con: Evaluation not applicable. Findings.: The proposed development complies with the Growth Management Plan, a policy statement whici~ has evalu~:tca 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. Findings: This site is zoned "A" Rural Agriculture and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas is irrelevant. 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. -4- Pro/Con: Evaluation not applicable. 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. 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. g/admin/Rezone Findings/PUD-t~3-01 (5)/Rr--~N/im -5- r~ ~0 Item IV.D. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 3~ 1999 L NAME OF PETITIONER/PROJECT: Petition No.: Petit. ich Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-93-01 (5) Pelican Marsh PUD WCI Communities LP Johnson Engin~ring, Inc. Johnson Engineering, Inc. II. LOCATION: The proposed PUD addition is located to the north and east of the intersection of Vanderbilt Beach Road and the future Livingston Road extension within Section 31, Township 48 South, Range 26 East, Collier County, Florida. IH_ DESCRIPTION OF SURROUNDING PROPERTIES: The added land area is undeveloped and zoned "A" Rural Agricultural. The area lies contiguous undeveloped land on the nortlx and the Wilshire residential community on both the north and the east sides. Both undeveloped and developed land lies between the project land and Vanderbilt Beach Road (i.e. Equestrian Riding Academy). To the west lies the Tiburon portion of the Pelican Marsh PUD. ZONING DESCRIPTION N - Agriculture Undeveloped S - PUD - Wilshire Lakes Residential PUD Agriculture Undeveloped E - Agriculture Undeveloped PUD - W'dshire Lakes Residential PUD W - PUD - Pelican Marsh Residential/Golf Course EAC Meeting .......................................................................................... November 3, 1999 PUD-93-01(5) Page 2 of 6 IV. PROJECT DESCRIPTION: The application proposes to rezone an additional 141.6 acres of land for the purpose of annexing same to the current Pelican Marsh Master Plan. Said 141.6 acres of land will be developed with mixed residential uses a continuation of Pelican Marsh's golf course system. An open space reserve area will be located on the northern portion of the area to be added. In addition, amendments to the current Pelican Marsh PUD regulatory document are proposed to deal with the distribution of land uses in the activity center designated area to reduce the overall number of authorized dwelling units from 4,900 to 4,800. In summary, land use changes are as follows: Land Use Current Proposed Difference 1) Number of Dwelling Units 4,900 2) Delete Cultural Center 80,000 sq. ft./750 Seats 3) Retail/Ser,,ice Space 402,500 sq. ft. 4) Office Space 175,000 sq. ft. 5) Golf Holes 63 holes 4,800 -0- 381,000 sq. ft. 295,800 sq. ft. 72 holes minus 100 minus 80,000 sq. ft. minus 21,400 sq. ft. plus 120,800 sq. ft. plus 9 holes V. .~RQWTIt MANAGEMENT PI, AN (~ONSISTENCY: Land Us~ - Evaluation is only for the land to be annexed inasmuch ass the Pelican Marsh PUD wvs found to be consistent when adopted. The annexed land area is located within the urban designated area on the Future Land Use Map to the Future Land Use Element. This designation allows for all manner of housing structure types. No additional dwelling units are requested within this petition and in fact, the number of housing units authorized for Pelican Marsh will decrease by 100 dwelling units. Clearly this petition is e. onsistent with FLUE provisions for land u~e and density. Traffic Element - Traffic impact analysis of the changes show that their cumulative effect will result in a slight decrease in the overall external trips generated by this PUD development inclusive of the annexed land area. Therefore, this petition is consistent with traffic circulation element policies. Open Space/Conservation - Approval of this petition will result in an increase in open space and conservation both of which thresholds were well and above what is requ/red under the aa,rent Pelican Marsh PUD. Therefore, these elements are to be consistent. Other Applicable Elements - These include sewer, water and storm water management. The annexed land will be connected to the County's water and sewer district facilities and is therefore consistent. Storm water management permitting falls within the jurisdiction of the S.F.W.M.D. ,~:, EAC Meeting .......................................................................................... November 3, 1999 PUD-93-01(5) Page 3 of 6 permit has been issued for Pelican Marsh. This will require a permit modification, For its part, Collier County will not issue subsequent development approvals until the S.F.W.M.D. issues an approved permit notification for storm water drainage VL MAJOR ISSUES: Water Mana2ement: This project sits in the Airport Road Canal North Basin according to Sheet A-16 of the Collier County Drainage Atlas prepared by PBS & J for the County Water Management Department. Thc west boundary of WilsIfire Lakes, ~vhich is the project to the east of this expansion, forms the west boundary of the 1-75 canal basin. This boundary is the east-west divide of flow in this area. This acquisition / addition appears as though it will "land-lock" a parcel that lies between it and Wilshire Lakes. That drainage will, of course, have to be accommodated in the water management plan. Liviagston Road will isolate this parcel from the other portions of Pelican Marsh, which is already split by two main roads. The drainage for this parcel must pass under Livingston Road to reach the Airport Road Canal. This project will be reviewed and permitted by the South Florida Water Management District who will receive a copy ofthis staff'report. Any exceptions to the above requirements must be approved by Collier County's Stormwater Management Department. Environmental: Site Description: The proposed ~tditional 141 acres is comprised of 58 acres of improved pasture, 30 acres ofpine flatwoods with varying degrees of exotic infestation, 26 acres of pine/c3,press and approximately 26 acres of cypress with pine. A more detailed description of the vegetative communities on site can be reviewed in attachment 1 of the EIS. According to the Collier County Soil Survey prepared by NRCS, there are two soil types found on this site. Pineda fine sand, limestone substratum is a poorly drained soil typically found in sloughs and identified as hydric. Boca fine sand is poorly drained and typifies the soils found in pine flatwoods. It is categorized as being non-hydric. Wetlands: Wetland jurisdiction was claimed over 70 acres of the 141 acres project. Approximately 29 acres of higher quality wetlands on site will be preserved. They will be hydrologically enhanced through additional runoff proposed by the water management system. The ElS does not addr .e_~ ,,/~?,~" EAC Me~ing .......................................................................................... November 3, 1999 PUD-93-01(S) Page 4 of 6 the mitigation that Will be required for impacting 41 acres of wetlands at this time. During the permitting process With SFWMD the petitioner will be required to provide for impacts to jurisdictional wetlands and Collier County Staff'will review the mitigation to ensure that there has been no net loss of wetlands in accordance with the County's Growth Management Plan Conservation and Coastal Management Element. Preservation Requirements: In accordance with the preservation requirements of the CCLDC, this site would be required to preserve a minimum of 20.5 acres of native vegetation, which would be 25% of the $2 acres of' existing nati,~e vegetation on site. They are preserving 28.86 acres of wetlands and .92 acres of uplands, which is 36% of the existing native vegetation on site. Listed Species: Listed species surveys were conducted between April 12 and April 29, 1999 with approximately 42 hours dedicated to coveting the parcel by walking transects. No listed species were observed on site by :he co~sultant. The Florida Natural Are, as Inventory (FNAI) reports that in 1990 an active colony of Red-cockaded woodpeckers were observed outside the property boundary. While no RCW's were observed during field surveys, the consultant indicated that it is possible that they may be foraging on site. A Red-cockaded woodpecker survey may be require in more depth as a result of SFWMD's Environmental Resource Permit 0ERP). As stated by the consultant in the ElS, the Florida Fish and Wildlife Conservation Commission (FFWCC) reported that in addition to the possibility that RCW's may utilize the site, the property ma.~ a~so V~: suitable habitat for the Florida black bear and the Big Cypress fox squirrel. No indication of these two species were noted. VIL RECOMMENDATIONS: Staff reconunends approval of Planned Unit Development No. PUD-93-01 (5) with the following stipulations: Water Mana~emeng: 1. That the developer obtain letters of agreement from the Collier County Stormwater Management Department and Public Works Engineering Department agreeing to the engineering aspects of this project prior to approval by the Collier County Planning Commission. 2. That the developer obtain a South Florida Water Management District Surface Water Management Permit prior to submitting subdivision construction or site development plans to Collier County Development Services for approval. Environmental: Revise the acreages in Section 2.18 of the PUD document as follows," ... The total area of viable natural functioning native vegetation within the PUD boundary is g74~ -943-34 953.9 acres, therefore ~4g:O ~3-5:66 238.48 acres are required..." Add the following language to Section 8.10 Environmental, of the PUD document, "The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval." PREPARED BY: SENIOR ENGINEER DATE BARBARA S. BURGESON (./ SEN]OP ~ONM'ENTAL SPECIALIST lO DATE REVIEWED BY: E. icucr,. P.E. EI~GINEERING REVIEW MANAGER }~ONALD F. ~CP CURRENT PLANNING MANAGER EAC StaffReport~UD-93-Ol (5) DA~ DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State Applicant's Telephone Number: Bus.: (941) 947-2600 PUD93-0[5% PETITION NUMBER DATE WCI Communities, Inc., a Delaware corporation ("WCI") FL Zip 34134 Fax~ Is thc applicant the owner of thc subject property? X Yes 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. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. X (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. ,, ap[:licant is a contract purchaser, attach copy ~f contract, owner(s) name and address below. and indicate actaal WCI is the owner/developer of the existing Pelican Marsh PUD and the contract purchaser of the 141- ¢_c_re parcel t¢, be added to the Pelican Marsh PUD Current owm. rs of 141-acre parcel to be added to Pelican Marsh PUD: David B. and Diana L. Touchstone 53 Caieput Drive, Naples, FL 34108 (See attached contract summary and attached Consent and Appointment of Agent) Name of Agent George L. Varnadoe Firm Y(?ung, van Assenderp, Varnadoe & Anderson, P.A. Agents Mailing Address 801 Laurel Oak Drive, Suite 300 City ~aples State Telephone Number: Bus.: (941) 597-2814 FL Zip 34108 Fax: (941) 597-1060 3. Currently effective: Pelican Marsh PUD: PUD ORDINANCE NAME AND NUMBER: Ordinance No. 99-33 o 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]). See attached legal description. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 25, 27, 34, 35 & 36 and SECTION 31 TOWNSHIP 48 South RANGE 25 East __ TOWNSHIP_ 48 South RANGE 26 East Address or location of subject property Parcel to be added to Pelican Marsh is north of Vanderbilt Beach Road, east of future Livingston Road. 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, a parcel of approximately 10 acres (see attached legal description). _Applicant has no plans to develop the parcel, and it is in the process of being sold. TYPE OF AMENDMENT: X A. X B. PUD Document Language Amendment PUD Master Plan Amendment 10. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: If no, explain: X Yes No HAS A PUBLIC HEARING BFEN HELD ON 'IltlS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? Yes. WCI amended PUD PETITION #: Petition No. PUD-93-01 (4) HAS ANY PORTION OF THE PUD BEEN DEVELOPED? ARE ANY CHANGES DEVELOPED? Yes. X IF NECESSARY). DATE: May 11, 1999 SOLD AND/OR PROPOSED FOR THE AREA SOLD X AND/OR No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS 2 AFFIDAVIT I, Edward R. Griffith being first duly sworn, depose and say that I am the owner and contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I 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. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. For: WCI COMMUNITIES, INC. a Delaware corporation By: Edward R. Griffith Vice President SIGNATURE OF AGENT: George Varnadoe SWORN TO AND SUBSCRIBED BEFORE ME THIS (SEAL) DAY OF My Commission expires: I CONSENT AND APPOINTMENT OF AGENT Th/s Consent and Appointment of Agent is made this o~ day of ,1999, by WCI Communities, Inc., . a Delaware corporation (hereinafte'-'~ r-eferred to as "'~ZCI"), an~ David B. Touchstone and Diana L. Touchstone (hereinafter jointly referred to as "Touchstone"). WITNESSETH WHEREAS, WCI has a mailing address of 24301 Walden Center Drive, Bonita Springs, Florida 34134 and Touchstone has a mailing address of 53 Cajeput Drive, Naples, Florida 34108; and WHEREAS, Touchstone owns approximately 150 acres of land located in Collier County., Florida, more particularly described in Exhibit"A", attached hereto (hereinafter the"Subject Property"), which l,md is i~.~c:xec:~ adjacent tc the Petic,.~ Marsh Development ofReg:,onal Imp3ct ("DRi") which was approved in Development Order 95-1, as amended, issued initially by Collier County on January 24, 1995; and WHEREAS, WCI and Touchstone have entered into a contract for the sale by Touchstone of the Subject Property. described in Exhibit "A" to WCI; and WHEREAS, WCI intends to carry, out development within Pelican Marsh on the Subject Property which will require changes and amendments to the Pelican Marsh Community PUD, Master Plan and DRI Development Order 95-I, as amended, issued by Collier County, including the addition of the Subject Properly to the Pelican Marsh Community PUD and DRI, and may require approvals or actions by other agencies of the State of Florida and agencies of local government; and WHEREAS, Touchstone is aware of WCI's intention to add the Subject Property to the Pelican Marsh Community PUD and DRI and Touchstone consents to WCI preparing and filing applications for amer~dme:::~ ~o the PL'D and DRI Develo~,~ment Order to inclade the Subject Properr7 described in Exhibit "A" prior to the closing and completion of the sale of the Subject Property by Touchstone to WCI; and W-HERE.&.S, WCI and Touchstone (hereinafter jointly refen-ed to ws "Owners") have decided to appoint an agent to represent ~em in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by WCI, and to authorize said agent to act on their behalf with full authority, to obtain such approvals, including amendments to the Pelican Marsh Community PUD and the DRI' Development Orders previously issued by Collier County. NOW, THEREFORE, the Owners, in order to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property., consents to the following: APPOINTMENT OF AGENTS 1. George L. Varnadoe and the law firm of Young, van Assenderp & Vamadoe, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed the agent/representative of the Owners, with full authority to act on their behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owners' plan of development for the Subject Property described in Exhibit "A". 2. George L. Vamadoe and the law firm of Young, van Assenderp & Vamadoe, P.A., are authorized to represent and to act as agents for the Owners with their full authority, before any and all gove,,' ~mental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Property, including amendments to the Pelican Marsh DRI Development Order, and PUD zoning or rezoning on the Subject Property. These a~acies or entities may include, but shall not be limited to, the following: a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County.. b. The Southwest Florida Regional Planning Council. Transportation. The Florida Departments of Community Affairs, Environmental Protection, and d. The Florida Secretary of State and all other Cabinet level offices and agencies. eo The Flor/da Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owners, WCI and Touchstone have signed below. WITNESSES: ~CI COMMUNITIES, IlqC., a Delaware corporation Signature Printed Name Signature Printed Name By: '~t.)-C(.h~l.~.A ~ Vivien Hastings, Senior Vi~te President Si~,n'amre Printed Name Printed Name DAVID B. TOUCHSTONE Dated:_ WITNESSES: Printed Name Printed DIANA L. TOUCHSTONE Dated:(~- ~."~- q ol EXHIBIT A DESCRIPTION: A portion of Section 31, Township 48 South, Range26 East, Collier County, Florida being more particularly described as follows: PARCEL 1 N 1/2 of the SE 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL II S 1/2 of the NE 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 E~st. Collier County~ Florida. PARCEL III N 1/2 of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL IV S 1/2 o~'~hc SW 1/4 ufthc NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL VI N 1/2 of the SW 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL VII NW 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, II, III, IV, VI, and VII contain a total of 141.61 acres, more or less SUMMARY OF TOUCHSTONE CONTRACT Agreement for Sale and Purchase entered into April 22, 1998, between David B. and Diana L. Touchstone (Seller) and WCI Communities Limited Partnership (n/k/a WCI Communities, Inc.) (Purchaser) Property: As described in the legal description attached to the PUD Application Closing: On or before January 14, 2000 (Purchaser may elect to close prior to January 14, 2000, upon 120 days' notice to Seller) G:\users\THERESA\wpS\pelican marsh touchstone~misc~Summaty of Touchstone Contract. wpd DESCRIPTION: A portion of Section 31, Township 48 South, Range26 East, Collier County, Florida being more particularly described as follows: NW 1/4 of the SE 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel contains a total of 10.11 acres, more or less 0 r~ 0 'IX3 HOV3B J. 91B~I3ONYA 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 NUMBERED 8631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" AND "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PELICAN MARSH COMMUNITY PUD FOR THE PURPOSE OF AMENDING ORDINANCE NO. 99-33 HAVING THE EFFECT OF ADDING 141.6__+ ACRES FOR ADDITIONAL MIXED USE KESIDENI1AL AND GOI.F COURSE DEVELOPMENT AND MAKING RELATED REVISIONS TO THE MASTER PLAN AND TEXT FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOLrI2-I, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2213.6_+ ACRES; PROVIDING FOR TIlE REPEAL OF ORDINANCE NU~VIBER 99-33 THE FORMER PELICAN MARSH COMMUNITY PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Vamadoe of Young, van Assenderp, Vamadoe & Anderson, P.A., representing WCI Communities, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW THEREFO~'E BE VT ORDAINED BY TIlE BOARD OF COI,.~NTX: COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: T~.e Zoning Classification of the herein described real propexty located in Sections 25, 27, 34, 35 and 36, township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "A" Rural Agricultural 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 8631N, as described in Ordinance Numbcr 91-102, the ~.olher County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99-33, known as the Pelican Marsh Community PUD, adopted on May 11, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- SECTION THREE: 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: PAMELA S. MAC'KIE, CHAIRWOMAN MarJorO M. Student Assistant County Attorney g/admin/ ORDINANCE/PLID-934)I(5)/RN/im -2- EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213.6+ Acres Located in Sections 25, 27, 34, 35 & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: WCI COMMUNITIES, INC. 24301 W,~lden Center Drive Bonita Springs, Florida 34134 PREPARED BY: YOUNG, van ASSENDERP, VARNADOE & ANDERSON, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 PUD 93-1, ORDNANCE 93-27 - ORIGINAL PUD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT ORDINANCE 09-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII LEGAL DESCRIFFION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL DISTRICT GOLF COURSE, RECREATION & OPEN SPACE DISTRICT RESERVE DISTRICT CULTURAL CENTER DISTRICT ACTIVITY CENTER DISTRICT GENERAL DEVELOPMENT COMMITMENTS LIST OF EXHIBITS PAGE ii 111' 1-1 2-1 3-1 4-1 5-1 6-1 7-1 8-1 Exhibit A Map H-3 (Revised Map H) Master Plan (Johnson Engineering, Inc., 19991406) STATEMENT OF COMPLIANCE File No. The purpose of this section is to express the intent of WCI Communities, Inc., hereinafter referred to as "WCI" or the "Developer," to create a Planned Unit Development (PUD) on 2213.6+ acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Pelican Marsh Community. The development of Pelican Marsh Community will be in general compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: /'/~,~" o The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future I_and Use Element (FLUE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. The proposed density of Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four units per acre. Certain parts of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three units per acre. Pelican Marsh Community is compatible with 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 substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The development of Pelican Marsh Community 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. Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Pelican Marsh Community is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier CounB' Land Development Code Planned Unit Development District. Pelican Marsh Community represents a large scale infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. SHORT TITLE This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE". SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIFrlON PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 North 00038'20" West 2623.40 feet to the west IA comer of said Section 27; thence cominue along the west line of said Section 27 and said right-of-way North 00°39' 12" West 827.69 feet; thence leaving said line North 89o20'45.' East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said westerly right-of-way line in the following four (4) described courses; 1) South 05°34'48" East 3545.96 feet to the south line of said Section 27; 2) South 05°33' 10" East 2642.17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a cemral angle of 12o42. 18" and being subtended by a chord which bears South 00047'59" West 619.60 feet; 4) South 07o09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: 1) 3) 4) 5) 6) 7) South 89050'58" West 88.21 feet; North 31o34'00.` West 120.19 feet; North 05o37, 10" West 956.47 feet; South 74o46' 39" West 379.98 feet; South 12004'43'' East 23.53 feet; South 87o09'43'' West 272.40 feet; northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64°46'40" and being subtended by a chord which bears North 48o50'02'' West 1757.26 feet; 8) thence thence thence North 81013'22" West 737.85 feet; leaving said plat boundary North 00003'39" West 707.85 feet; South 89°33'32" East 336.81 feet; North 00026'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16°34' 19" and being subtended by a chord which bears North 08043'37'' East 37.47 feet; thence North 17°00'47'' East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94°59'52'' and being subtended by a chord which bears North 30°29'09'' West 582.44 feet thence North 77°59'05'' West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29059'57'' and being subtended by a chord which bears North 62059'06'' West 414.10 feet; thence North 47059'08'' West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central angle of 42040'04'' and being subtended by a chord which bears North 69o19' 10" West 601.07 feet; thence South 89020'48'' West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thence along said line North 00039'20'' West 665.92 feet to the Point of Beginning;' LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida, being more pa~i~.ularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according to the Plat ,~f' Grand I,le at Pelican Marsh, Plat Book 24, pages 67 through '70, Public Records of Collier County, Florida; thence along said line South 00°00'00" East 481.17 feet to a point on the north line of Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the soatheast, having a radius of 2430.00 through a central angle of 07013'26'' and being subtended by a chord which bears South 88© 15' 16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Five; thence along said line North 00003'39'' West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record. 1-2 Bearings are based on the north line of said Pelican Marsh Unit Five being South 89o33'32'' East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ~A comer of said Section 27; thence along said west line North 00o39' 12" West 827.69 feet; thence leaving said line North 89°20'45'' East 577.78 feet to the Point of Bcgimfing of the parcel herein described; thence North 57°47'59'' thence North 68°35'21" thence North 00o39' 12" thence North 77°43 '40" thence South 72°59'03" thence South 00o39' 15" thence North 89°20'45" thence South 00o39' 15" thence South 89020'45'' described. East 46.92 feet; East 110.88 feet; West 187.52 feet; East 573.08 feet; East 785.48 feet; East 27.71 feet; East 503.78 feet; East 100.64 feet; West 1957.22 feet to the Point of Beginning of the parcel herein Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being North (~)°39' 12" West. AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS: Al! th:~t part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west one quarter comer Section 27, Township 48 South, Range 25 East; thence along the west line of said Section 27 North 00°39'12" West 827.69 feet; thence leaving said Section line qorth 89°20'45" East 55.00 feet to the Point of Beginning of the area thereon described; thence North 89o20'45'' East 366.45 feet; thence South 00°39' 15" East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" and being subtended by a chord which bears South 64°19'09" East 46.45 feet to a point of compound curvature; 1-3 thence southerly 259.53 feet radius of 197.21 feet through which thence radius which thence along the arc of a circular curve concave westerly having a a central angle of 75o24'06'' and being subtended by a chord bears South 07o14'23'' East 241.20 feet to a point of reverse curvature; southerly 151.40 feet along the arc of a circular curve concave easterly having a of 130.00 feet through a central angle of 66°43'37" and being subtended by a chord bears South 02o54'07'' East 142.99 feet to a point of reverse curvature; southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98°24' 12" and being subtended by a chord which bears South 12o56' 10" West 105.98 feet; thence south 62008' 16" West 75.07 feet; thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radiu~ of 30.00 feet through a cenlral angle of 93o06' 13" and being subtended by a chord which bears South 15o35' 10" West 43.56 feet; thence South 30057'58'' East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14°16'43" and being subtended by a chord which bears South 23o49'37'' East 19.89 feet; thence along a non-tangential line South 84o13' 14" East 158.41 feet; thence South thence South 81°52'51" thence South 00°00'00'' thence North 90000'00'' thence North 00°00'00'' thence North 84o13' 14" thence South 33o05'40'' thence South 76°56'51" thence North 58°35'21" thence North 15031'55'' thence North 00°41 '41" thence North 28°22 '47" thence North 17°11 '45" thence North 13002'52'' thence North 73036' 14" thence South 49o16'08'' thence South 89047'08'' thence 80°55'24'' East 183.78 feet; East 180.90 feet; East 261.28 feet; West 394.57 feet; East 271.73 feet; West 120.32 feet; West 54.13 feet; West 89.04 feet; West 65.19 feet; West 74.80 feet; West 115.24 feet; East 171.51 feet; West 106.79 feet; East 28.51 feet; West 54.78 feet; West 112.78 feet; West 53.08 feet; North 58°00'49" West 50.49 feet; thence North 00039' 12" West 303.49 feet to the Point of Beginning of the area herein described. Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being North 00039' 12" West. 1-4 AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly des?ribed as follows: Commencing at the west ~ comer of said Section 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89020'45'' East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89020'45'' East 787.88 feet; thence South 84°45 '32" West 23.43 feet; thence South 74056'42'' West 121.32 feet; thence South 79°49'51" West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39030' 16" and being subtended by a chord which bears North 80°25'01" West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20012'57'' and being subtended by a chord which bears North 70°46'21" West 52.65 feet; thence North 80052'50'' West 36.59 feet; thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33°04' 13" and being subtended by a chord which bears South 82035'04'' West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet through a central angle of 36026' 18" and being subtended by a chord which bears South 84016'06'' West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet throt~gb a central angle of 12°55'58'' and being subtended by a chord which bears North 83°58'44'' West 68.70 feet; thence South 89033' 17" West 18.36 feet; thence South 89°39' 11" West 71.63 feet; thence N,)~h 89°35'03" West 36.03 feet; thence South 86°06'33" West 42.94 feet; thence South 83o44'08" West 26.23 feet; thence South 51°01 '05" West 27.49 feet; thence South 33°25'42'' West 19.95 feet; thence South 15o39'57'' West 20.54 feet; thence South 10°54'31" West thence South 89020'06'' West thence North 10045'58'' East described. 34.64 feet; 101.06 feet; 101.42 feet to the Point of Beginning of the parcel herein Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00o39' 12" 'West. 1-5 AND All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west ~,4 corner of said Section 27; thence along said west line North 00o39' 12" West 827.69 feet; thence leaving said line North 89°20'45" East 3401.12 feet to the Point of Beginning of the parcel herein described; thence continue North 89°20'45" East 443.43 feet; thence South 05o34'48'' East 147.72 feet; thence South 89020'45'' West 51.56 feet; thence North 23°56'01'' West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a central angle of 21°59'53" and being subtended by a chord which bears North 12056'00'' West 30.53 feet; thence North 05°01'01'' West 31.56 feet; thence North 36019'27'' West 32.02 feet; thence North 56°04'43" West 35.11 feet; thence North 80°39'23" West 32.53 feet; thence North 88039'20'' West 97.78 feet; thence North 86°04'48" West 45.79 feet; thence North 89049'56'' West 132.77 feet; thence North 69040' 18" West 37.23 feet to the Point of Beginning of the parcel herein described. Subject to ease~nents and restrictions of record. Contai~fi~ig 0.38 acrc~ more or less. Bearings are based on the west line of said Section 27 as being North 00o39' 12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Begi~ming at the northwest comer of said Section 35; thence along the north line of said Section 35 North 89045'35" East 5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00°31'47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89o39'22'. West 2541.65 feet to the south ~ corner of said Section 35; thence continue along said south line South 89o39'32'' West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89o51'02'' West 391.57 feet to the boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of Collier County, Florida; thence along the boundary of said parcel North 01 °03'33" West 295.29 feet; 1-6 thence continue along the boundary of said parcel South 89°51'02" West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along said easterly right-of-way line North 07o09'08'' East 1729.52 feet; thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a central angle of 12°42' 18" and being subtended by a chord which bears North 00°47'59'' East 648.37 feet; thence continue along said right-of-way line North 05°33'10'' West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89°31'31'' East 772.91 feet to the Point of Beginning. Containing 708.39 acres more or less. Subject to easc~nents and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast comer of said Section 36; thence along the east line of said Section, South 02°12'03'' East 2671.63 feet to the east ~A comer of said Section 36; thence continue along the east line of said Section 36 South 02o06'28'. East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; thence along said northerly right-of-way line North 89o39'39'' West 2855.35 feet; thence continue along said line North 89°43'59" West 2544.87 feet to a point on the easterly right-of-way line of Airport-Pulling Road (C.R. 31); thence along said easterly right-of-way line North 00031'47'' West 4490.03 feet to the southwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along ~he south line of satd land North 89°27'57'' East 15.00 feet; thence along the east line of said land North 00°31 '47" West 80.00 feet; thence along the north line of said land South 89o27'57'' West 15.00 feet to the east right-of- way line of Airport Road (C.R. 31); theace along said x'ight-of-way North 00°31 '47" West 539.49 feet to the north line of said Section 36; thence along said north line North 89027'57" East 3914.28 feet to the southwest comer of the east 2/5 of the east ~/5 of said Section 25; thence along the west line of the east 1/a of the east ih of said Section 25 North 01o54'09'' West 2668.19 feet; thence continue along the west line of the east Va of the east ~,6 of said Section 25 North 01o57' 16" West 2567.06 feet to a point on the southerly right-of-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89°14'36'' East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02o06'59'' East 2569.75 feet to the east ~fi comer of Section 25; //,TW~. 1-7 1.3 thence continue along said east line of Section 25 South 02°00'46'' East 2670.97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89°45'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel I: N V2 of thc SE ~A of the SW ~A of Section 31, Township 48 South, Range 26 East, CollieJ' County, Florida. Parcel II: S ~/~ of the NE ¼ of the SW ~A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel III: N lA of the SW ~A of the NW ~A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel IV: S V2 of the SW lA of the NW ~A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. P:~c~;l VI: N ~,6 of the SW ~A of the SW ~A of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII: NW ~A of the SW ~ of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, II, III, IV, VI and VII contain a total of 141.61 acres, more or less. Total parcel contains 2214 acres, more or less. PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134. 1-8 1.4 GENERAL DESCRIPTION OF PROPERTY The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west by Tamiami Trail North (U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the future Livingston Road and the Wilshire Lakes subdivision; and on the south by Pine Ridge Subdivision and Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD. The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC) Application. The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development), A (Rural Agricultural) and A-ST. Elevations within the site range from 6' to 14' above mean sea level with an average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located within both zones "AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. The soil types on the site generally include Immokalee f'me sand; Myakka fme sand; Hallandale frae sand, Pineda frae sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca, Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land Holopaw Basinger Complex; Urban Land Immokalee Oldsmar Limestone Substratum complex: Satellite fine sand; and Urban l_and Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval, and Map E of the NOPC. Prior to developme~*, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine flatwoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval, and Map F of the NOPC. Fo The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993). The general surface drainage pattern of the site west of Airport Road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Master Plan is shown on Map I 1-9 1.5 1.6 of the Pelican Marsh Community Application for Development Approval, and Map I of the NOPC. DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes, as a Development of Regional Impact (DRI). Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of the first phase of the community, which is below 80 % of any applicable DRI threshold. DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units authorized to be built pursuant to this PUD is 4800. The gross project density, therefore, will be a maximum of 2.16 units per acre. At all times :all property included within the Pelicm: Marsh Community shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways. 1-10 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of development for Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Pelican Marsh Co~ranunity, a private conununity, will include a broad range of single family and multi-family housing, 72 holes of golf with clubhouses and other associated facilities, a master planned activity center including a resort hotel and cultural facilities, stormwater management lakes, open spaces, and reserve areas. The Master Plan is iljustrated graphically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as Exhibit "A." A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. GENERAL COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Pelican Marsh Cormmmity shall be in accordance with tl,e cont~:~nts of ti'tis PUD Ordinance and applicable secti.vns of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of imprevemepts, such ~s but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994. Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. 2-1 2.4 2.5 Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except where an exen-tption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCDD constitutes a timely, efficient, effective, responsive and econoinic way to e~mre the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Pelican Marsh Community. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions, 2-2 2.6 2.7 2.8 2.9 unless otherwise 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 of the Collier County Land Development Code. The Developer, also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee tT'MDRC). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. MODEL HOMES/SALES CENTERS Model homes, sales centers 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 Pelican Marsh Community subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section 8.3 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. 2-3 2.10 COMMON AREA MAINTENANCE 2.11 Most common area maintenance will be provided by the PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDD or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Pelican Marsh Community, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the Florida Deparm~ent of Environmental Protection, U.S. Arm)' Corps of Engineers, and South Florida Water Management District. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Pelican Marsh Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1:1 Structural walled berms - vertical Fence or wall xnaximum height: six feet (6'), as measured from 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 to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:l or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Marsh Community 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. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations set 2-4 2.12 2.13 forth under 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shall apply. Eo Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. FILL STORAGE Fill storage is generally permitted as a principal use throughout Pelican Marsh Community. Fill material generated from properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope 3' 1 B. Stockpile maximum height: thirty-five feet (35') Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. The following FLUCCS Code lands as shown on Map F of the Pelican Marsh Community Application for Development Approval may be used for fill storage: 200, 212, 214, 422, 424,740. Fill storage in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any developed residential properties. Fo Soil erosion control shall be provided in accordance with Collier County Land Development Code Division 3.7. Go Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved ~nanagement plan l~.~rmits such use. DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. 2-5 2.14 Pelican Marsh Community is planned as a private, large-scale, functionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific design guidelines and standards by Collier County and Developer, those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on thc Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must fn'st submit the application to PMDRC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a letter indicating Developer's review and approval. 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 iqsued 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 control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portiox~s 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 under process by the appropriate agencies, and subject to the understanding that it is the Developer's sole risk if such permits are not f'mally issued to allow completion of the proposed use. 2-6 2.15 2.16 PRELIMINARY SUBDIVISION PLAT PHASING Due to the size and anticipated build-out period of Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in Reserve District. General permitted uses are those uses which generally serve'the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities, connnunity centers. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, ICnces and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 2-7 2.17 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines - one half (lA) the height of the structure. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - twenty-five feet (25'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACE REQUIREMENTS The PUD Master Plan identiBes approximately 1327.3 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous open space/buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. 2-8 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS 2.19 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. The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres are required to be retained. This requirement is fully satisfied within the Reserve District and no further preservation is required. SIGNAGE All Collier 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 U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum of ten (10) boundary marker monuments shall be permitted. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the corner edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. Eo Each side of a boundary marker monument may contain up to four (4) individual project, business or direction identifications (message areas), as long as the total sign face area does not exceed 64 square feet of area. The size of the words, letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary mar'kef monument. Fo Entrance signs may be located at each entrance to the project and may be one, two or three,sided. Such signs may contain up to four (4) individual project, business or direction identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feet. The size of words, letters, graphics, and the typography and color scheme used in each individual project, business or 2-9 Go Ho directional idemification on an entrance sign shall be similar to and consistent with the other identifications placed on the same sign. A maximum of two 1-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception of the entrance on the east side of Airport Road where three 1-sided entrance signs may be permitted. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feet. Boundary marker monuments and entrance signs may be lighted provided all lights are directed to the sign or are shielded. 2-10 SECTION III 3.1 3.2 3.3 3.4 RESIDENTIAL LAND USE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "R." MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R." GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with 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, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 3-1 3.5 o Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Schools (public or private). Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units which shall not be subject to the def'mition of '~dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf resort use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district. 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 "R" District. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the 'R' Residential District. 3-2 Bo Do Eo Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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 those standards of the zoning district which is most similar to the proposed use. In the case of residential structures 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. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2 shall be limited to single family dwellings, multi-family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single, two-family, and multi- family dwellings, water ~nanagement facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses, there shall be a minimum separation of one hundred feet (100') between the two uses. In addition, a platted ROW or platted landscaped buffer, a minimum width of thirty feet (30') and meeting the opacity requirements of an alternative type "c" buffer as described in the LDC, must be provided within the one hundred feet (100'). Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serves a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or less. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road, with the exception of cul-de-sacs serving 24 units or less. 3-3 Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure 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. Attached or detached courtyard residences which include cabana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1) The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence; 2) The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3) The cabana structure may not contain primary cooking facilities. 3-4 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED PERMITTED USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Category 1 2 3 4 5 8 Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF*4 3,000 SF 1 AC 1 AC Minimum Lot Width *5 75 50 35 30 150 150 Front Yard 25 20 *3 20 *3 20 *3 25 25 Front Yard for 15 10 10 10 15 15 Side Entry Garage Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BH 20 OR .5 BH Rear Yard Principal 20 10 20 20 BH BH "re, ear Yard Accessory 10 5 10 10 15 15 ,<ear Yard Special *1 10 5 10 10 .5 BH .5 BH Maximum Building Height 35 35 35 35 50 50 *2 Distance Between 15 10 0 or 15 .5 SBH .5 SBH .5 SBH principal Structures ......... Floor Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF*8 N/A*7 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. All distances are in feet unless otherwise noted. *1 - With approval from PMDRC, rear yards for principal structures on lots which abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may be 0' providing architectural bank treawaem is incorporated into design and subject to written approval from Planning Services Departmem. With approval from PMDRC, from yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent fight-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (d curbed) or edge of pavemem (if not curbed). *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *3 - Single family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 5' for the garage and 15' for the remaining structures. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S,F. ,~5,,- Minimum lot width may be reduced by 20% for cul-de-sac lots provided mimmum lot area requirement is still maintained. 3-5 *6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure shall have a ten fo~ (10') yard. Zero feet (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures ma) encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. *7 - For density comparison, each residential unit shall equal 4.0 ALF units. *8 - Structures east of Airport Road have a minimum floor area of 750 S.F. 3-6 SECTION IV 4.1 4.2 4.3 GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT PURPOSE The purpose of this Section is to idemify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "GCO" and Miscellaneous Open Space/Buffer. GENERAL DESCRIPTION Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4-1 4.4 Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. Bo Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. ° Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. ° Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. ° Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. 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 "GCO" and Miscellaneous Open Space/Buffer District. DEVELOPMENT STANDARDS Principal structures shall be setback a minimum of twenty feet (20') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (I/2) the height of the structure. Accessory structures shall setback a miniinum of ten feet (I0') from "GCO" and Miscellaneous Open Space/Buffer district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (IA) the height of the structure. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. 4-2 G. H. J. Maximum height of structures - Fifty feet (50'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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. 4-3 5.1 5.2 5.3 SECTION V RESERVE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan, as Reserve. GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of ccnservat',:,m and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Marsh Community residents. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Passive recreational areas, boardwalks, including recreational shelters and restrooms. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other architectural treatments. o Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable permits. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 5-1 5.4 5.5 Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. DEVELOPMENT STANDARDS All structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and fl6or area standards apply to principal structures. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Work Authorization as amended on April 19, 1994. 5-2 SECTION VI COMMUNITY FACILITY DISTRICT 6.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "CF." 6.2 MAXIMUM SQUARE FOOTAGE A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be constructed on lands designated "CF." 6.3 GENERAL DESCRIPTION Areas designated as "CF" on the Master Plan are designed to accommodate a full range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the" CF" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Cultural Center tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 6.4 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited to: 1. Churches and places of worship 2. Governmental buildings 3, Child daycare facilities Civic, social and fraternal associations 6-1 Bo Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Direct°r determines to be compatible in the" CF" District. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this district. Recreational facilities. 6.5 3. Classroom facilities. 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" CF" District. DEVELOPMENT STANDARDS mo Principal structures shall be setback a minimum of twenty feet (20') from "CF" district boundaries and private roads, and fifty feet (50') from all PUD boundaries, public roads and residential tracts. Bo Accessory structures shall be setback a minimum of twenty feet (20') from district boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. Setback from lakes for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures - Eighty feet (80'). Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). G. Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). 6-2 Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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. 6-3 /? F 7.1 7.2 7.3 7.4 SECTION VII ACTIVITY CENTER DISTRICT PURPOSE The purpose of this section is to identify permitted uses and developmem standards for areas within Pelican Marsh Community designated on the Master Plan as "AC." MAXIMUM SQUARE FOOTAGE/ROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to 9,000 square feet of medical offices; and 450 hotel rooms may be constructed on lands designated "AC." GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of retail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all developmem 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. Activity Center tracts are designed to accommodate internal roadways, open spaces, lakes and water managemem facilities, and other similar uses found in Activity Center areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 4. 5. 6. Accounting, Auditing and Bookkeeping Services (Group 8721). Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611-5699). Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7-1 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Business Services (Groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). Commercial Printing (Group 2752, excluding newspapers). Depository Institutions (Groups 6011-6099). Eating and Drinking Establishments (Groups 5812, 5813). Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5311-5399). Glass and Glazing Work (Group 1793). Golf Club Facilities including Ancillary Teachh~g Facilities and Temporary Golf Clubhouses (Groups 7992, 7997, 7999 ) Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059). Health Services (Groups 8011-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712-6799). Hotels and Motels not to exceed 450 rooms (Groups 7011, 7021, 7041). Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736). Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411). Legal Services (Group 8111). Libraries (Group 8231). Membership Organizations (Groups 8611-8699). Miscellaneous Repair Services (Groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksn~fith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fn'e equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneous Retail (Groups 5912-5963, 5992-5999). Motion Picture Theaters (Group 7832). Multi-Family Dwellings including Garden Apartments. Non-Depository Credit Institutions (Groups 6111-6163). Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291-7299). Real Estate (Groups 6512, 6531, 6541). Resort Recreation Facilities including but not limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999) Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97) Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7997, 7999) 7-2 /:7/' 35. 36. 37. 38. 39. 40. 41. 42. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211-6289). Social Services (Groups 8322-8399). United States Postal Service (Group 4311 except major distribution center). Veterinary Services (Groups 0742, 0752 excluding outside kenneling). Video Tape Rental (Group 7841). Vocational Schools (Groups 8243-8299). Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "AC" district. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even if contained in a free- standing building. Other accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center o:c the entit3~ owning the golf resort use. Each residential unit shall constitute and be counted as one of the 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 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 "AC" district. 7-3 7.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 3. 4. 5. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD and Collier County Development Services Department. 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 - One hundred feet (100'). D. Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). 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 feet (75'). Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. 7-4 The net platted parcel density of hotel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Center District shall be 450. 7-5 8.1 PURPOSE SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.2 The purpose of this Section is to set forth the development commitments of Developer within Pelican Marsh Community. GENERAL 8.3 All facilities shall be constructed in accordance with the final site development plans, the f'mal su~.livision plats, and all applicable state and local laws, codes and regulations rclating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit "A" (Johnson Engineering, Inc., File No. 19991406) is an iljustrative preliminary development plan. The design elements and layout iljustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsh Community PUD document. 8-1 DEC 1~ 1999 The minor change or rermement shall meet the criterion of Section 380.06(19)(e)2., Florida Statutes, and shall not require a determination and Public Hearing pursuant thereto. The minor change or ref'mement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Developmem Code. The minor change or retrmement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. The following shall be considered minor changes or ref'mements, subject to the limitations of PUD Section 8.3.A: Reconfiguration of Reserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water managemem facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachmem into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. Reconfiguration of residential parcels when there is no encroachment into Reserve areas. Minor changes and ref'mements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refmements 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 independemly from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for developmem or implementation of the minor change or ref'mement without first obtaining all other necessary County permits and approvals. 8-2 DEC 1 1999 8.4 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations or tenants associations. This agreement provides for said community recreatior~public building/public room or similar common facility to be used tor a polling place if determined to be necessary by the Supervisor of Elections. 8.5 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 8.6 SUNSETTING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7., Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community, at which time the provisions of the Development Order relative to duration and effective date shall govern. 8.7 TRANSPORTATION The developer shall provide appropriate left and/or right turn lanes at all community access points to public rights-of-way at the time of construction of each access. Bo The developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time of construction of each access. The developer shall provide a fair share contribution toward the capital cost of traffic signals at any conmmnity access points to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County. Collier County and Developer entered into an Agreement dated January 12, 1993, (herein "Agreement") to address the alignment and environmental permitting for Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh ~9rnmunitv AGENDA ITEM DEC 1 1999 property; and to address environmental permitting for the expansion of Goodlette- Frank Road from Immokalee Road to VBR. As is set forth in the Agreement, Developer is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental permits. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community PUD boundaries owned by Developer, upon request by Collier County, so long as that right-of-way is the alignn:c:nt depicted on the Pelican Marsh Community PUD Master Plan or an alternative alignment acceptable to Developer. Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06 (16) Florida Statutes, 1992, as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. There are acknowledged benefits to both the County and Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan, and as referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment 1 to the Agreement. If the ultimate alignment of V'BR within the Pelican Marsh Community PUD boundaries is the Preferred Alignment or the tdthnate alignment is otherwise acceptable to Developer, Developer agrees to pay the "Differential Cost" for the segment of VBR within Pelican Marsh Community PUD boundaries. "Differential Cost" means the reasonably ascertainable additional cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community PUD boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment 1 to the Agreement. Developer shall not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "Differential Cost" described herein. The cost for design, permitting, and construction of the expansion to Goodlette- Frank Road Overpass structure to expand said structure from two (2) lanes to up to six (6) lanes (as approved by the Board of County Commissioners), is the sole responsibility of the developer; and is not the responsibility of Collier County, the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to 8-4 ACIEI~A i~-~.M= DEC 1 q 1999 Lo Mo apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road right-of-way for the future Livingston Road (as specified in PUD Document Section 8.7 at paragraph P. below), as full or partial payment of Developer's obligation to pay for the expansion of the Goodlette-Frank Road overpass structure. The design, permitting and construction costs of the Goodlette-Frank Road overpass structure to meet the 2020 Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County. Payment of Road Impact Fees 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. These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said Agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of Hickory Road right-of-way. This buffer shall include a minimum six foot berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width, the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the developer to maintain the privacy and security of the Pelican Marsh Comnmnity residents. Vehicmar, pedestrian and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41 intersection and the Immokalee Road/U. S. 41 intersection shall not be required. No final local development orders (building permits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activ ~ 8-5 /5'/" DEC 1 1999 fy' 8.8 uses after commencemem of construction of Vanderbilt Beach Road from Airport- Pulling Road to U.S. 41. The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-rata funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodlette-Frank Road. The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as Exhibit "A" to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Cemer and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right-of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose. The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. Developer shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-22 and Section 380.06(16), Florida Statutes, (1995). The value of the dedicated property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC. WATER MANAGEMENT An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District roles. A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. 8-6 ITEM DEC 1999 8.9 Do All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Development Services Department at the time of subdivision construction plan approval. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or the PMCDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee Strand Restoration Plan is certified complete to South Florida Water Management District. Water management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19, 1994. Ho If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Irn. mokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. Xo The rate of post-development stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permiuing process. LrrILITIES 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. 8-7 A~A lib DEC 1 19gg Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable and irrigation wells. The project will be served by central potable water distribution, fire protection and sewage collection facilities. 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 transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with O~llier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution g93-187), as amended, and other applicable County rules and regulations. PMCDD will be responsible for installing potable water and irrigation water service connections to distribution mains for single family only. 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 County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead end mains shall be minimized by looping the internal pipeline network where feasible. The project's Developer(s) his assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the FDEP consistent with the volume of treated wastewatcr to be utilized. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all DEC 1 1999 Ko aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. Within the Pelican Marsh Community landscaping (including palm trees, shrubs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (7') being measured from the trunk 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 line will be the responsibility of the Developer its successors or assigns. Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by the developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. 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. 8-9 Developer will prepare a study to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling of the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be determined by the County to DEC 1 1999 8.10 be expenses that are eligible for impact fees credits, the developer will provide the County with engineered drawings and specifications suitable for bidding by the County. Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the impact fee ordinance. In order to avoid repetitive review of environmental issues in subsequem stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satistied for all future activities which take place within the Pelican Marsh Community PUD boundaries that require County permits for or County approval of development or site alteration. This provision is based upon (1) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community Environmental Supplement submitted in conjunction with this Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rezone which was approved via County Ordinance gO3-27. This provision shall apply to the Developer, its successors, or assigns. Pursuant to Collier County Land Development Code Article 3, Division 3.8, Section 3.8.8, the Pelican Marsh PUD EIS cited in provision 8.10.A above shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the Pelican Marsh Community Application fox Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as defined via County Ordinance g~93-27. Provisions 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative to species of special status pursuant to Collier CounW Land Developmem Code Section 3.8.5.4.1.5.d. and e. The Collier County 'ST' overlay has been eliminated and replaced by this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. 8-10 The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into this PUD by reference. The Cocohatchee Strand Restoration Plan (WMB&P, Inc. File No. ENV-88) depicts the improvements contemplated under the Cocohatchee DEC 1 1999 8.11 Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Managemem Plan, gopher tortoises shall be relocated to the "GCO" District and to the Xeric Scrub Conservation Area. Compensation for lost habitat whose extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. Collier County shall defer all environmental permitting regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collier County on all approved permits. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Pelican Marsh Community shall be required to conform with the subdivision improvemem requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions to the improvement standards are approved for Final Subdivision Plat requirements: A. Sidcwalks/bike paths shall cotfform with Subsection 3.2.8.3.17 except as follows: Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving more than fifty (50) ~ingle family lots shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving fifty (50) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: The right-of-way section shah include two twelve foot (12') wide travel lanes, and 8-11 DEC ! 1999 8.12 Bo Co bo the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: Cul4e-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty feet (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11 .A.4 of this PUD. All other cul-de-sacs are required to have a minimum fifty feet (50') right-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8.11.A.4 of this PUD. All other local streets are required to have a minimum fifty feet (50') right- of-way and two twelve foot (12') wide travel lanes. Where sidewalk design substitutions are desired per Section 8.11 .A.4 of this PUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide travel lanes. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (1000'). Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. Roadside slopes within private street rights-of-way may be allowed to a maximum of 3' 1 in accordance with FDOT MUMS, page I11-35. PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge '" AGENOAIT~ '" 8-12 DEC 1 1999 Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at Developer's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time" will be agreed to between the developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of the dedication. 8.14 PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: A. Permitted Use The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height The minimum setback of any structure (including temporary, accessory and por~l~lc structures) from a property line er right-of-way line shall be twenty- five (25) feet on the northern and western property lines and fifty (50) feet on the eastern and southern property lines. No principal structure of any kind shall exceed three (3) stories in height and accessory structures shall be limited to a maximum of twenty (20) feet in height. The maximum height of any structure shall be measured as set forth in the Collier County Land Development Code. C. Landscaping All areas not covered by structures, walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavemem edge of any abutting streets, to the property line and/or to the location required by South Florida Water Management District of any abutting lakes, canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and 8-13 DEC iq 1999 ,,,._ ¢2- - 8.15 landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate governmental agency. D. Signs Any sign installed in, on or placed within the School Site shall be no larger than ten (10) feet in length by five (5) feet in height. Lighting of any sign may be fluorescent uplight from grade. No neon or colored lighting is allowed. All signs must also conform with the Collier County Land Development Code. E. Exterior Lighting All exterior lighting for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Site. F. Outdoor Equipment All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature and type, and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacent properties. o All active sports areas including baseball, soccer, basketball, football, etc., shall be setback twenty-five (25) feet from the easterly and southerly property lines. NOTIFICATION OF PROXIMITY TO COUNTY FACILITY Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlette Road: 8-14 DEC 1 q 1999 "This is to notify you that the property you are acquiring is located within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County." The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that Developer shall comply with the requirements of said ordinance or regulation, where applicable. F:\users\Valarie\wp8\pelican marsh touchstone~nisc\pud final 120199.wpd 8-15 AGENDA DEC t t999 L iI · ii! THE SIERRA MEADOWS PUD MASTER PLAN ~ ,~c~___~. -,...~, SIERRA MEADOWS P.U D. 150UTI'fW~T~GI MASTER PLAN I~---~"--____,:.~___,._~ EXECUTIVE SUMMARY PETITION NO. PUD-94-01 (1) BRUCE ANDERSON, ESQ., OF YOUNG, VAN ASSENDERP V.M:LNADOE AND ANDERSON, AND GREG STUART, AiCP, OF STU)uRT & ASSOCIATES, REPRESENTING LAND TRUST NAPLES, REQUESTING A REZONE FROM "PUD" TO "PUD" KNOWN AS SiEKRA MEADOWS PUD HAVING THE EFFECT OF MODIFYING THE MASTER PLAN AND PUD DOCUMENT BY INCREASING THE CONSERVATION RESERVE TRACT FROM ~A ~_~ ACRES TO ~ +/- ACRES. REDUC~G "vm: NrU~iBER OF ~,_,rLTI-FA.MILY DWELLING UNITS FROM 425 TO 300, AND INCREASING COMMERCIAL SQUARE FOOTAGE FROM 160,000 TO 260,000 FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE HAMMOCK ROAD AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 90.8+/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rczoned from its current zoning designation of '?UD" to '~PUD" Plarmed Unit Development for the purposes of amending and updating the currently approved Sierra Meadows PUD to increase conservation lands from 34.7 acres to 38.2 acres; to decrease the allowable residential dwelling units from 425 units on 25.7 acres at 6.6 dwelling units per .acre to 300 multi-family dwelling units on ! 8.7 acres (60.6 gross acres) for a density of 4.95 dwelling units per acre and to increase the allowable commercial square footage and land area from 160,000 square feet on 26.5 a~es ~o 260,000 square fee1 on 30.2 acres. Dwelling ~niltypes will be limited lo single family attached, townhouses and multi-family. CONSIDERATIONS: The applicant proposes to develop the property for a maximum of 300 multi-family dwelling units on 60.6 acres for a residential density of 4.95 dwelling units per acre and 260,000 square feet of commercial buildings on 30.2 acres. The commercial land uses permitted by the PUD are those found generally in the C-4 zoning district. These are authorized uses of land consistent with the intent of the Activity Centers as designated on the Future Land Use Map, therefore it is consistent with the Future Land Use Element of the Growth Management Plan The project will include a 38.8 acre conservation tract. Access to the Sierra Meadows PUD will be provided from both Rattlesnake Hammock Road and CR-951. The Rattlesnake Hammock Road as designated area on the County's Future Land Use Map. The petition is ~£or a mixed use mtittiz~tamity residential and commerciiii~UD ~ttowing up to a-maximum 6f-260;t)00 square feet of commercial/retail space and up to 300 multi-family dwelling units. The allowable commercial uses are the same as the allowable uses permitted by right in the previously approved Sierra Meadows pLrD. Development Standards - The proposed development standards for the project are similar to the C-4 zoning district as originally approved, and are not proposed to substantially change as a result of this amendment. 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 merc 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 the residential portion of the project: Pm'k Impact Fee: Library Impact Fee: · Fire Impact Fee: School Impact Fee: Road !mpact Fee: Radon Impact Fee: EMS impact Fee: Building Code Adm.: Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit The following impact fees will be applicable to the commercial portion of the project: 260,000 sq ft of Commercial · RoadImpact Fee: $1,300,000.00 · Fire: $78,000.00 · Radon Gas: $1300.00 · Building Code: $1300.00 · EMS: $65,000.00 For an average unit size of 1,000 square feet, the total fiscal 'impact for residential development will be $2,639.02 per unit. Since this project proposes 300 units, the total amount of residential impact fees collected at build-out will total $791,706.00. It shoaldbe~no _mcl~hatbecauseJm.rmct ~fees v~ry by housing type and b~ause this approval does not provide this level of specificity as to the actual type of use. 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 arc u~ed on :- - "~ - * thc,, vmpo, uo,,are share of impact '~ thc '-' · ,u coumj system. Finally · ~.~a,,,,,,~,, 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 roasonabie ~imat~ of aaa revenae intaod on ad vaiorexn tax rat~. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan, The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. HISTORIC/ARCHAEOLOGICAL IMPACT: StaiTs analysis indicates that the petitioner's prope~y is located outside an area o~'historicdi and archaeological prob£biiity as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-94- 01 (1), Sierra Meadows PUD with the following stipulations, which were modified slightly at the Planning Commission hearing to further clarify the County's needs. Nevertheless, the PUD document has been amended to incorporate the stipulations which were presented at the CCPC meeting. The PUD document attached to this executive summary is reflective of staffs recommendations. Amend the appropriate sections of the PUD document and/or other supporting material as part of the PUD rezoning application to read as follows: 1. The typical cross-section of the lake shall be revised to measure the drainage easement for maintenance from the top of the bank, not from the water line. Management Basin. 3. The following shall be added to Section 6.5 of the PUD document: At each development ~ee-~qa~lfiv~y,~an ~dditimml ]2 feet is needed for a right turn lane faciht~es. Compensating right-of-way for mm lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credit to the applicant. 4. P_n_'or to ¢o_nstru_ction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive out,alt for the water management systert~. 5. The exiting right-mm out of the project onto CR-951 (just south of Rattlesnake Hammock Road) and entering right-mm from Rattlesnake Hammock Road (just west of C.R. 95i) -droll 'be Yem0vei] ~om lhe PUD Master Plan and any appropriate reference to thereof in-the PUD document. 6. Number 3 of Section 3.5 of the PUD document shall be removed. 7. Section 2.16 of the PUD document shall be revised to require that signage, fencing, and landscaping shall be architecturally unified for all development on the subject site. 8. The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate the Cmmty's drainage easement, including any mitigation, shall be the sole .responsibility of the County. 9. The applicant shall provide a strip of land 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon.presentation of the plat for recording, or within 120 days notice to the applicant by the County of'the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. EAC RECONIMENDATIOIN: The petitioner requested a waiver of the requirement to file an EIS for this PUD amendment which was administratively granted, therefore this petition was not required to be heard by the EAC. The PUD amendment increases the amount of conservation area pursuant to South Florida Water Management Districl and the U.S. Army Corps of Engineer~ approvals which have ah-cady been issued for the project. The petitioner has submitted an updated version of the EIS, to which staff has no objection. 23 P-LANNING COM_.M_I~%q~ION RECOMMENDATION: At a public hearing held on November 4, 1999 the CCPC voted unanimously to forward PUD 94-01 (1) to the Board of County Commissioners with a recommendation for approval subject to the following stiputatica~ arid ?er staff's ~-eeon-n-nendahons as referenced above: 1. The typical cross-section of the lake shall be revised to measure the drainage easement for maintenan~ from the top_ ofthe bank, not fi.om the water line. 2. Discharge rates will be limited to 0.08 CFS to comply with the Lely Resort Water Management Basin. The following shall be_added to Section 6.5 of the PUD document: At_each development access driveway, an additional t 2 feet is needed for right mm lane facilities. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credit to the, applicant.. 4. Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. The exiting right-mm out of the project onto CR-951 (iust south of Rattlesnake Hammock Road') and entehng right-turn from Rattlesnake Hammock Road (just west of C~R. 951) shall be removed from the PUD Master Plan and any appropriate reference to thereof in the PUD document. 6. Number 3 of Section 3.5 of the PUD document shall be removed. 7. Section 2.16 of the PUD document shall be revised to require that signage, fencing, and landscaping shall be architecturally unified for all development on the subject site. The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate _-~__._~'a~ ..... ~.~.. ~ ~ · . ~ ~.,.... ,. ~?~..~.~ .... ~.~_~..~a..,..~.~_..._~. ..... ~a.~.2~'..'~_:~...g- the County. pg. ~ The applicant shall provide a strip of land 25 feet in width along the entire length of the Rattlesnake Hammock Road fight-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional fight-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future ~"rJnt~of-way ~;hall be made available m the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits sh?q be ~,vabjec2 ,ma Dex, eioper C. on~iml, ion Agreeo,~meew~,' approved by/he iloar4i-ofCxnmty Commissioners, and shall be available to the developer upon change in rifle ownership of the subject contribution. The petitioner has complied with all of staff's recommendations and the PUD document and Master Plan have been revised accordingly. PREP~D BY: /,,~USAN MURRAY, AICP // CHIEF PLANNER /'; DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROyE)9 BY: ~ i. /-": VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-94-01 (1) Sierra Meadows PUD This petition has been tentatively scheduled for the December 14, 1999 Board of County Commissioners Public Hearing. AGENDA ITEM Memoralmdum To: I From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT &-E~ONMENTAL'SERVICE~ DIVISION OCTOBER 20, 1999 · ETITION: l'lYO-94-0i(1)SIERRA MEADOWS PUt) OWNER/AGE~T: 7-H Agent: Bruce Anderson, Esq. Young, van Assenderp, Vamadoe and Anderson. 801 Lam'el Oak Drive, Suite 300 Naples, FL 34101 And Greg Stuart, AICP Smart & Associates 2180 West First Street, Suite 503 Ft. Myers, FL 33901 Land Truat Naples c/o Greg Eagle 3818 Del Prado Blvd. Cape Coral, FL 33904 i i i II ~IJESTE-D The petitioner seeks to have land deseribed herein rezoned from its current zoning designation of "PUD" to "PUD" Planned Unit Development for thc purposes of amending and updating the cm~ ~atly approved Sierra Meaflows~PlJD to inc-~-e.~.~ ~n_servafio~ 4ands-~om 34.7 -acres ~o 38.2 acres; to decrease the allowable residential dwelling units from 425 units on 25.7 acres at 6.6 dwelling units per acre to 300 multi-family dwelling units on 18.7 acres (60.6 gross acres) for a denny of 4.95 itw~-tting ~ !~r aca'e and lo iner~ the allowable commercial square footage andiana are'a~ ~l~60,-O00a,q ,u,_'-'eLeet ~on~5 acres to 260,000 square feet on 30~ a~-rez. Dwelling mt types will be limited to single family attached, townhouses and multiZ~amity. The subject site is located at the southwest comer of the intersection of CR-951 and Rattlesnake Hammock Road within Section 22, Township 50 South, Range 26 East, Collier County., Florida. i'URPOSEfl)ESCRIPTION O~F PROJECT: The applicant proposes to develop the property for a max-h'm'mm of 300 mulfi-faxnily dwelling units on 60.6 acres for a residential density of 4.95 dwelling units per acre and 260,000 square feet of commercial buildings on 30.2 acres. The commercial land uses permitted by the PUD are those found generally in the C-4 zomg district. The project will include a 38.8 acre conservation ~act..~2~c.~qs to the Sierra Meadows PUD will be provided from both Rattlesnake Hammock -Road and CR-951. SURROUND, lNG LAND USE AND ZONING: Existing: The subject site is vacant. The site presently has a PUD zoning designation. Zoning Land Use Surrounding: North - Rattlesnake Hammock ROW Naples Forest Country Club PUD mixed use commercial and reaidential Edison Comm College and Lely Elememm3t School East- CR-951 ROW West - Collegewood PUD Approved for multi-family Residential L~ 12.09 dudacre i I. I 1 Il I '-ii I GROWTH MANAGEMENT PL~dq CONSISTENCY: The subject property is located in the Mixed Use Activit3, Coater surrounding the kn~e~eetion of CR-951 and Rattlesnake Hammock Road as designated area on the County's Future Land Use Map. Activit3, Center~ are inehasive of_a variety of commercial uses and activities that contain a mixture of uses and are designed'to concentrate almom all new ~~ ~ in locations where traffic impacts can readily be accommoi~ate~ to avokl,strip~qli~rgani~.d-pattem~>f commercial development. The subject petition is for a mixed use multi-family residential and commercial PUD allowing up to a maximin of 260,000 square feet of commercial/retail space and up to 300 multi-family dwelling milts.-Thei~ doeuments~tio,c,'s-aa~s whieh~mnt with the commercial uses typically penmtted in the C-4 zoning district. These are authorized uses of land consistent with the intent of the Activity Centers as designated on the Future Land Use Map, therefore it is consistent with the Future Land Use Element of the Growth Management Plan. Thc allowable commercial uses arc the same as the allowable uses permitted by hght in the previously approved Sierra Meadows PUD. Consistency with other applicable elements ofhhe Growth Management Pla~ (GMP) is as follows: Land Use Residential DensiW: The projected density of 4.95 dwelling units per acre is consistent with the density rating system con'mined ~-~ ~er, .u, -.~'T T m ~nd ~o:.- ..,,~o~ ....^- ,h,~_._ following relationships to the required criteria: Net gross area for Residential DensiW Calculations - Mixed Use Activity Center Residential Base Density Activity Center Density Band 2 Direct Access ArtefiaVCollector 60.6 acres 5.1 acres ~ 16 dus per acre 82 dus 55.5 acres ~ 4 dus per acre 222 dus 55.5 acres ~ 3 dus per acre 166 dus 55.5 acres ~ 1 du per acre 55 dus Total Allowable Units 60.6 acres 8.66 dus per acre 525 dus Requested density 60.6 acres 4,95,dus per .acre 300 dus The proposed increase in commercial ~fcommemialqmiiding area~eracre. square feet per acre. square footage equates to approxnnate~ry~~x This ~figttre:is~'~eH~e, low~he..industry standard of 10,000 Traffic Circulation Element - The subject site's generated l~q~ic exceeds the siBt~ifimce test standard (5 percent of the LOS "C" design volume) on CR-951 and Rattlesnake Hammock Road. The ITE Trip General/em Manual indicates that the proposed amendment will generate approximately 6,361 trips over the 3 II ii ! 'amount ~taat e-an be gen~rat.~x! by ~ approved PUD. xlt :should be noted that-the difference 'betweenthe proposed site-generated-traffic and the currently approved.site-generated traffic will exceed the significance test standard (5 percent of the LOS "C" design volume) on CR-951 and on Rattlesnake Ilammock Road. However, these road segments are projected to operate at an acc~tabte t~-et of r~rvice at the projoct build-out. Therefore, it ~is consistent with Policy 5.1 and 5.2 of the Traffic Circulation F_~lement (TCE) Policy 7.2 of tt~ T~*hc Circn~_'on Eiem~ (TC~) ~ streets between developments when feasible. The PUD Mastt~r Ptan ir~licates that interconnection to the adjacent church property to the south has been provided. No other feasible interconnection can be made. Policy 7.3 of the TCE requires"the~provision of safe and convenient on-site traffic flow and the need for adequate parking. Staff is of the opinion that this petition is consistent with this policy. The final traffic circulation system will be reviewed at the time of site development plan review (SDP) or preliminary subdivison plat review (whichever is required). Other Applicable,, El~ent.(s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements.are made comm~osurate with urban intensification.. 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. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's propcmy 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. ~N~-~I~ION~INMENTAI~, TRA~_ .Sp~ .!~RTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above r6ferenced areas of critic-al-~ hasxevie~d the subject l~tition. This primely includes a review by the Community Development envirom,n~ntal and engineering staff; and the Transportation Services Division staff. This petition was reviewed by the EAC and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. 4 ! i i ti Ii ~M.,YSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable de, termination must be based.~ft'ds e,,'a!u~or~is/mmdedmprov/de~anobjective, 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 ~y m~ed in ,?gw, tion 2.7.2._5. and Section 2.7.3.2.5. of the Land Deveiopment Code~hus~r~g~taff~e¥_al_uation.and comment, and shall be used a~ fl,,e ba~ for a recommendation of approval or denial by the Planning Commission to theBoard o~/'County Commissioners. Each of the potential impacts or considerations identified during the staff review are tisted~undcr~,c~hofChe cfileri_on 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. Appropriate evaluation of petitions for rezoning should establish a factual b~i.~ for supp~ve action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include anasse, ssment of adequacy of transportation infi'astrucmre, other infrastructure, and compatibilit3' with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationshi~ to Future and Existine Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use plmming, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. Whe subject propertyis-/ ' -~---~---~~Z~e~c~i,gy_.~ C_ .~ler furore land use ~sification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The majority of the site is vacant and vegetateit.-q-'he~'PL~'D' ~unent~dic, ates the proposed development plan for the 90.8-acre site is for mixed use development consisting of multi-family development with customary accessory uses such as common facilities for recreational uses and open space. Residential development on the site is planned to occur within one (1) development tract centrally located on the site, approximately 1,200 feet west of CR-951 1 i I d Il il !11 II II on the west side ofthe planned eommereial~-aet. A ~ g ~~tion di~qxict,inctuding native open space preservation, wetland restoration and surfacewatermanagement tract will .be located on the western 1/3 of the site, abutting the western side of the planned residential tract. The maximum building tmght ~istimited to 35 feet for single family attached and townhouse dwelling units, 55 feet for mulfi-~ly dwellings, and 50 feet for commercial structures. Access to the site is proposed from CR-951 and Rattlesnake Hammock Road, as on the previously _a!~_ roved PUD. On-site circulation will faeilit_a_t~e pedestrian and automobile interconnecfion betwom the re~identiai and eomm~'eial lxa~. The applicant propoaes structures, signage and landscaping throughout the project. With respect to compatibihty issues, the proposed Master Plan layout is more compatible in relationship to both internal and external lanit Yes'thaxt ~he ~riginatty appmv~ Master Plan. The project is internally compatible, with commercial land uses located adjacenVto the-intersection of Rattlesnake Hammock Road and CR-951, where high levels of transportation related activity will occur. As one moves further west away from the intersection, the land uses step down into one lesser intense multi-family tract, then further west, a significant preserve area providing a contiguous 38-acre native open space tract for wildlife .and flow-wa.v corridors. The proposed layout uses shared access points and connections. These shared connections align with north and east activity center quadrants and present a south direct access connection to Lely Cultural Parkway Boulevard and associated public educational facilities. The project provides an intexnal by-pass road around the intersection of Rattlesnake Hammock Road and CR-951. Finally, the project is designed to use the west oriented Conservation tract as a mixed-use activity center buffer. Staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developmextts within the area. Traffic: The ITE Trip Generation Manual indicates that the proposed amendment will generate approximately 6,361 trips over the amount that can be generated by the approved PUD. It should be noted.that the difference between the proposed site-generated traffic and the currently approved site-generated traffic will exceed the significance test standard (5 percent of the LOS "X'.'~lesign~ x,~alume) on CR-951 and on Rattlesnake Hammock Road. However, these road s ~egments are projected to operate at an acceptable level of service at the project~t-mrt. -~ttaea'efore, it is eonaiat~t -eeith-Poticy 5 A~e,t -5.g~f~he Traffic Cix~~~,,~,,~--n, t Policies 1.3, 1.4, 5.1, 5.2 and 7.3. The final geometry and design of the access will be reviewed at the time of Preliminary Site Development Plan (SDP) and/or Prelhx~hiary Subdivision Plat OaSP) review and shall be required to comply with the County's Access Management Plan. 6 I d d II Thc GMP ..~nsislmaey re'eiew~indicates that approval of this petition is consistent with policies of the TCE. Utili~ In fras~_tmcture: The project site will be served by a full range of services and utilities provided by Collier County.. All development must comply with surface water management requirements invoked at ~ ~ of site ~",,etolmmni plan approval. Community_ Infxasmicmre and Services: ~fheiyroject ~is 4oeated q~ithin~ ~,.ti~,/~ Center located_ at the intersection of Rattlesnake Hammock Road and CR-951. The mixed use development will allow residents of the project pedestrian access to the planned commercial development located at the eastern boundary of the property.. Additionally, to the north, the Naples Forest Country Club PUD is also located within the same Activity Center, thus providing commercial shopping and services ~o all nearby residences. Based on the above analysis, the following conclusions can be reached from the staff report: t. The proposed rezoning of the subject property from PUD to PUD and the proposed development strategy for commercial, multifamily residential development and conservation areas is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Activity Center Land Use classification and surrounding density bands and Urban Mixed Use Furore Land Use classification and is similar to the density and intensity of development for neighboring PUD's. 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made apart of the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the ~specifieddn~thc~?-UrD .xtocmment and Master Plan support a recommendation of approval and compatibility with urban densities of development at a density of 4.95 dwelling units-per acre and approved commercial land uses within the same Activity Centers. Il ii ~FA~ ~,.EC~NDATION: Staff recommends that Collier County Planning Commission recommend approval of P~ition PUI~94~01 (t), Sierra Meadows PUD wilah .the following _stipulations: Amend the appropriate sections of the PUD document and/or other supporting material as part of the purl) rezomng application to read as follows: 1. The typical cross-section of the lake shall be reprised to measure the drainage easement for maintenance fi:om the top of the bank, not fi:om the water line. 2. Discharge rates Will be limited to 0.06 C-*FS to comply wiihihe Lely ReSoH Waler Management Basin. o The following shall be added to Section 6.5 of the PUD document: A minimum ofeteven (t 1 ) feet of compensating fight-of-way for the deceleration lanes on CR-951 and Rattlesnake Hareanock Road shall be ded/camt~d m the CounW, phor Io any certificates of occu.tmncy being issued. This dedication shall not be eligible for impact fee credits. Prior to construction plans approval, a 30 foot wide drainage easement along the western property line shall be dedicated to Collier County with responsibility for maintenance, for the drainage conveyance of the future widening of Rattlesnake Hammock Road. 5. Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. o The exiting right-mm out of the project onto CR-951 (just south of Rattlesnake Hammock Road) and entering right-mm from Rattlesnake Hammock Road (just west of C.R. 951) shall be removed from the PUD Master Plan and any appropriate reference to thereof in the PUD documcmt. 7. Number 3 of Section 3.5 of the PUD document shall be removed. Section 2.16 of the PUD document shall be revised to require all building Architecture, -~e,_fencing, landscaping and colors shall be architecturally unified for all development on the subject site. ~PREPARED BY: ~s'~ ~-'~-~' ~c~ CHIEF PLANNER RE EWED : MULHERE, AICP PLAN~Ih-NG SERVICES DEPARTMENT DIRECTOR VnC~6ENT ^. C^UTERO, A~C?, ADMr~SrP, ATOR COMm~X'V DEV. & EmrmONMENT~L SVCS. reV. Petition Number: PUD-94-01 (1) StaffReport for November 4, 1999 CCPC Meeting DATE DATE NOTE: This Petition has b~n~tafiv~y // COLL?m~Sousr¥~~9~omassto~: ~(jSSF (_,L A. i?,UbD, cHAIRPERSON 9 II I II II 11 ~EZO~ ~GS FOR ~PETtTtON Section 2.7.2.5. of the Collier County Land Devctopmcnt Code requires that the r _eport and recommendations of the PI~ Commission to theBo~ad of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with thegoals, Objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary_ Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the G-rowth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: The subject site is vacant. The site presently has a PUD zoning designation. Zoning Land Use Surrounding: North - Rattlesnake Hammock ROW Naples Forest Country Club PUD mixed use commercial and residential .~zSoUth -J~ely PUD/DRI EdisrmComm Colle. geand Lely Elementary School East- CR-951 ROW West - Cotlegewood PUD Approved for multi-family ~ ~ 12.09 du~acre 10 i I I 1! II Theeurrent PUD ~o~thag~hon~llows£or development of single family residential and multi-family residential dwelling units at a density of 6.6 dwelling units per acre for a total of 425 dwelling units. The requested rezonmg will reduce the residential density, iacreas~ *,he conservmion area and increase the allowable square footage and acreage for commercial development. The proposed density of4.~ flwePdng units per acre will be compatible to adjacent PUD's as described in the staff report. 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary_ Findings: The site is adjacent m a similar mixed use commercial and xesid~tiat PUD to the no-th, a multi-family residential project to the west and public l~-acilities (com, murdty college ~-~ element,..,',/school) to the south. The proximi _ty to adjacent developments and the site's Activity Center Future Land Use designation justifies a rezoning action from PUD to PUD for commercial and residential purposes, as prexdously approved. 4. Whether existing district boundaries are ~ogieally drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary_ 'Findings: The district boundaries are logically drawn. They allow for the · dedication of right-of-way for the expansion of Rattlesnake Hammock Road and preservation of an existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. not a~p!icable. ~$umma .r~h~iin~s: 3~he~proposed chaageqs~tl~mpriately-based _on_the conditions of the property and because it is consistent with the Future Land Use Element o£Lh~e Collier County Gro~ Management Plan. 11 6. Whether the proposed change will adversely influence living conditions in the ae/ghborhood~ Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the north. _The develoimae~ sirate~, ~pgroved ~ xhe _m-i_'ifinal Sierra Meadows PUD Con: None. I I 1 ! ~ntmmary Findings: The.proposed zoning amendment will not adversely atTeel ti~4i~g conditions in the neighborhood due to the similar nature of the surrounding development and the fact that this PUD was originally approved with essentially the same development strategy. 7. Whether the propostnl 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) The proposed development of~the~subjeet property is eonsistenI with the provisions of the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. (ii) Access to the subject property is will be aligned with projects to the north and south. Con: None. Summary_ Findings -Ev~inafion o-fqhis-proj~-l~k~ ~am~tb.e~quirement. for consistency with Policy __SA_oJ't~h.~T_Traffic Element of the GMP and was found consistent. In the final analysis all projects are subject to the Concurrency Management system. 12 8. %Vhether ~he l~r~posed ehange~ill ~reate ~ drainage problem; /Pro: Wm~ management improvements to accommodate site development are designed ~o-ac, oommodate~tAcainage xequirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage hnprovements are made commensurate with urban imermificatiom 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 sffv-surface drainage generated by developmental activities as a conditiono£~ppmval. T'msl~roject was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Staff's recommendation incorporates stipulations which would require the development to perform certain actions as a condition of approval which would address additional stormwater concerns. 9. Whether ~ proposed change will seriously reduce light and air to adjaeent areas; pro/Con: Evaluation not applicable. Summary ~indin~: Ail projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetra~itm and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; pro: _ Urbanmtcnsifi~on typically increases the value of adjacent vacant or underulitizcd lan& _Con: None. 13 ¸%. I Summary Finding: This is a s-abjeC~t~'e~tet~-enttiaation b=~=~n,~ticipat~ re~ whch may ~ ~t~ or e~ m ~e subj~t~rop~-~t c~ ~t ~rop~ v~ues. Pr~ valu~i~ is aff~t~ by m~y facto~ ~clu~g ~ning, however m~ng by itself ~y or may not~t v~, s~ce v~ue dot--on by law is ~vm by m=ket value. ~e mere fact ~at a p~ is ~v~ a new zov~ng desi~on ~y or ~v ~ot ~t value. 11. 'N~aether the proposed chat~e wlll be at deterreM to flee jmprovemm~ ~r development of adjacent property in accordance n~ith existing Pro/Con: Evaluation not applicable. Summary Findinus: Application of the development standards found in the Laud Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of sp~ial privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary ~-~indin~s: Since consistency with the Future Laud Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; pro/Con: Evaluation not applicable, Summary Findings: The subject property is not undcvelopable under its current zoning ~-designation. Surrounding properties north and west of the site are approved for laud uses of a sirnilar nature. 14 d d d d ii d Id i i Il i 14. ~Whether the change suggested is out of scale with the needs of the ueighborhood or the County; ~!Co'n: Evalua~t-applicabte. 'Summar~ Findings: The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has eva~uated the scale, density mad imensity ofinnd uses deemed m be aeeeptabie 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 Findines: This rezoning petition was already approved for the same land uses ~his rezordng action proposes. 16. The physical charncteristics 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 Findin_~s: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Colfier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities-Ordinance, as amended. Pro/Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve ~qxhe 'development,-upon-their-ex'tension:--Remew~by jurisdictional ~sti~ff~for ~:o'n-sigten-cy evaluation with GM? required levels of service advise that there is no deficiency. 15 FINDINGS FOR PUD S~'tion 2.7.3.2.5. ofthr Coliier ~ ~ De.~iopme~ Ct:gig ~equires the Planning Commission to make a'fmding~,xo the pi_rD Ma~t~PJan'-~ compliance with the following criteria: T~n~ ~attalffiit-y~he avea~for the type and pattern of development proposed in relation ~to~physical ~:haracteristics of the land, surrounding areas, traltic and access, drainage, sewer, water, and other utilities. ~ (i) (ii) The subject site is located within the same neighborhood as Similar type of approved mixed use development and residential development to west and north. A majority of the site is located within the Activity Center located at the intersection of Rattlesnake Hammock Road and CR-951. Activity Centers are preferred locations for commercial and higher intensity mixed use residential developments. Con: (i) None Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions recommended by staff in the staffreport should provide assurance that all infl:astmcture will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. Adequacy of evidence of unified control and suitability of any proposed agreements, eoutraet, mm~se~m~r~ . _atsin those ~iw~poa~l~ar~culnrly._as_they may relate to arrangements or provisions to be made for the continuing operation and ma~mtenance iffsuch~arens~ facffities Xhat are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. 16 e 6. Documents submitted with the application provide evidence of unified control. The PUD documem makes appropriate provisions ~ore4m~gop~a!itm~md~emmeeofcommem-areas. Conformity of~he proposed t~lanned Unit Development with the goals, objeetive~ and ~ of the Growth Management Plan. Pro/Con: Evaluation not applicable. Findine: The subject petition has been found consistent with the goals, objectives and pOlicies Of the Growth Management Plan. The subject property is designated Mixed Use Activity Center and Mixed Use Urban Residential on the FLUE to the GMP. The internal ami external compatibility of ~ ~es, ~ieh eo~dRions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. The PUD Master Plan has been designedlo optimize ~ternal lmad use relationships. External relationships are regulated by the Land Development Code to help assure harmomons relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: ~3ndln~: Evaluation not applicable. The amount of open space sot aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the ~~y~l~il~ble~improvemen~snm-dq~feflities,~lic~and~private. Pro/Con: Evaluation not applicable. 17 I I tl Timing Or *sequence of dg,;,et~m', 'nt in hght ~o f-concurrency requirements automatically~riggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is.~nmcted. Additionally, staff's recommen~tions concerning transporlation, stonnwat~ mmaag~nent arui ufiii~ emenhem should help assure the adequacy of available improvements, both public and private, on an area-wide basis. See FindingNo. 1, also applicablei~orlhis~a'ating. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding: Ability, as applied in this context, implies supporting infrastructure such as wastew_ater disposal systems, potable water supplies, charact~stics 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. Recommendations by staff have been made as conditions of approval which should insure the ability of thc surrounding area to .ac~omm_ odate expansion. Conformity with PUD regulations, or .as to desirable modifications of such regulations in the particular case, based on determination thatsuch modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con.: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this 18 APPLICATION FOR PUBLIC WKAR~G FOR: PUD ABOVE TO BE COMPLETED BY STAFF ~1 lnfcnmation: Name of Applicant(s): Land Trust Naples Applicant's Mailing Address: c./o. Gre~ Eaale 3818 Del Prado Blvd. City.: Cave Coral State: FL Zip: 33904 Applicant's Telephone #: 941-542-2333 Fax #: 941-542-5602 Name of Agent: Firm: Agent's Mailing Address: City/State/Zip: Agent's Telephone #: Fax#: Bruce Anderson, Esq. Young, Van Assenderp and Vamadoe 801 Laurel Oak Drive Suite 300 Naples, FL 34101-7907 941-597-2814 94 t - 597- t 060 Greg Smart. AICP Smart & Associates 2180 West First Street Suite 503 Fort Myers, FL 33901 941 337-7176 94t 337-2496 COLLIER COUNTY COMMUNITY DEVELOPMENT -.PL~4"'_~N G,SERVI CES/CURRENT-~L-A~N2.-~ G 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941 ) 403-2400/FAX (941 ) 643-6968 /kPPLIC_.ATION FOR PUllLIC HI. AR~G PAGE 1 OF 12 -~E~Lectosufe~f~r~st ~[uformation: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list att parlies wilh an ownership intere~qt l~s well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership 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 If the property is in the name of a TRUS~E, list the beneficiaries of the Trust with the percentage of interest. Name and Address Percentage of Interest Land Trust Naples 100% ~ See Attached Owners List A.-ppL_ICAT~ONFOR~PUBL~tC~TEA~N-G'FOR pUD RE;ZONE -5198 PAGE 2 OF 12 If the property is in he:tmmc of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR pLrRCHASE, with an individual or individuals, a Corporation, Trustee, or_a P. artr!erihip, -t/st Cbc ~am~-of-lhe c~trae*. =purchasers -below, including the officers, stockholders, beneficiaries, or partners. Name andAddress Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, ifa corporation, partnership, or trust. Name and Address Date subject property, acquired ( X ) leased ( ): 7/31/97 Term of lease ~ ~T./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: . , or anticipated closing date ~ APPLqCAT~ION~FOR PL*tlLtC REARING-FOR PUD REZONE -5/98 PAGE 3 OF.,~': oh,,o~d~ ~"~ any' 'changes ~)f x)~vnerShip 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 m legal d~on for property invotv~d in each district. Al~plicanl shall submit four (4) copies of-a reem~l ~a~vey (comPleted within the last six months, maximum i ~: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 eoneerming Se legal descr/ption, an ~engineer's -certification or sealed ~urcey may be required. Section: 22 Township: 50S Range: 26E_ Lot: Block:: Subdivision: Plm Book: __ Page =.:__ Property t.D.~t: See Attached Legal Descript..ion Metes & Bounds Description: See Next Pa_oe Size of properW: approx. 1255-ft. x approx. 3192-ff. = __ Total Sq. Ft. Acres 90.8 +/- Address/eeneral location of subiect property,: The Sierra Meadows PUD 94-64 -- Located within the southwest quadrant of the CR 951 and Rattlesnake Hammock Road Activity Center, Collier Coun _ty, FL Adiacent zonine and land use: Zoning Land Use N PUD S DRI E AG W AG Naples Forest C.C. (Mixed Use Activity Center Designation) Lely Resort DRI with public educational facilities Vacant Agriculture (Activi _ty Center FLUM Designation) Vacant PUD APPLICATION FOR PUBLIC HEARING FOR pUD REZONE - ~'9S PAGE 4 OF 12 Docs~hc u~cr :ol'~m ~j~t'property 'own property -~tiguous to the subject property? If so, give complete ~legai description of~ntire contiguous property. (If space is inadequate, attach on separate page). Yes Section:22_ Township: 50 S Range: 26 E Lot: Block: Subdivision: ~j~267..2 016.0005B22 Pro.mmV,' t.D.#: The Sierra Meadows PUD 94-64 Metes & Bounds Description: The North one-half (9-1/2) of the North one-half (9-1/2), except the Northwest quarter ~-~) -oT'O~e ~Noxthwest quarter ~N~' ~/,~) ~ntl ~ad -~gl-~,f-v~y zed ~ 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres, more or less. Subject to easements, reservations or restrictions of record. Rezone Request: This application is requesting to amend and update the Sierra Meadows PUD 94,~4 zoning ordinance. Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: To increase .conservation lands from 34.7 acres to 38.,2 acres +/-, to decrease residential units from 425 units/25.7 acres to 300 multi-family units/18.7, acres +/-, and to increase commercial from 160,000 sq.fi.[26.5 acres to 260,000..sq.ft.B0.2 acres o Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. - See Attached goninl2 Considerations Report Standard Rgz. on.e Considerations (LD~C ~_ection 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land tae map and the elements o.1 t-Ire growth managememp~n. 2. The existing land use pattern. APPLICATION'_ia'OR l~llLtt~, WEARItnG I*Otll ~PL~D REZONE -~S/~ The poss'ibie creation of an isolated district unretaled'Io adjacent and~ne~rby-distr4a~ts. PAGE 5 ?UD94-0 OF 12 4. -Yt/'hether existing district boundartes are illogtcaIIy drawn tn relation to existing conditions on the property for the proposed change. 5. F,/'hether changed or chang4ng_~onditions make the passage of the proposed amendment (rezone) necessary. 6. 17rTzet_her the propased change will adver~ely influence living conditions in the neighborhood. 7. ~-t~ether 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 constrttction phases of the d~Yeloj~tnent, ~? olh~ise affect j~ublic ~dfety. 8. IVhether the proposed change will create a drainage problem. 9. ~l'7~ether the proposed change will seriously reduce light and air to adjacent areas. t 0. ~7~ether the proposed change wilt seriously affect property values in the adjacent area. 11. ~Vhether the proposed change will be a deterre~t to the improvement or deveiop~nent qf adjacent property in accordance with existing regulations. 12. Ig'hether the proposed change will constitute a grant of special privilege to an individztal owner as contrasted ~vith the public welfare. 13. lZ~hether there are substantial reasons why the property cannot be used in accordance with existing zon lng. 14. tVhether the change suggested is out of scale with the needs o the neighborhood or the 15. IVhether 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 proposed zoning classification. 17. The impact of development on the avodobility of adequate public focilities and services consistent ~ith the levels of service adopled_inthe C~o]]jer C_ounty_growth management ..M'PLiICATION i*OR ll~'lgllL~ I, IE.4dlI3/G ,~OR PUl} plan and as defined and implemented through the Collier County ~tdequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection af the public health, safety, and welfare. PUD. Rezone Considerations_tLDC_Section 2. 7.i2,5) The suitability off area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and,~uitability 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 2f 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 coun.ty attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan,. The internal and external compatibility of proposed uses, which conditions may' include restrictions on location of irnprovements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of crvailable improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. · M~PLt~ATtON FlaIR PLnlILIC ~-IE~.t!..~G FOR PLn~ ~I!EZO.nlE . S~8 PAGE 7 OF 12 Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, mzmy communities h'ave'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. - No Deed Restrictions are in place that hinder the reauested PUD use. 10. 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?- N_..9 !~.'bic ~i~ tins ~ la-eld regarding this pmpm't~_ - within the last year. 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived -during the pre-application meeting. A copy of the pre-application meeting notes; - A __Pre-applicatio. n meetin, g was held 6 January, 1999 at .2.30 with David Weeks and Ray Bellows and a second meeting with Ed Kant and Susan Murray 26 May, 1999.. bo If this rezone is being requested for a specific use, provide fifteen (].5) copies of a 24" x 36" conceptual site plan [and one reduced 8'A" 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; -- See Attached · 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. - To be submitted at SDP stage.. d. An Environmental Impact Statement (ELS), as required by Section 3.8. of the Land De~l~ii~ Cc, de (LD C), or a-re, qu~t-~or -~-~propriate. - See Enclosed APPLICATION FOR PUBLI~ HEARING FOR PUD REZONE PAGE 8 OF 12 _W'neL-her or not an ElS is Tequked, two copies ~fa 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 Clarification 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.$.5.4.).- See Enclosed g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; - See A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability. (as identified at Preapplication meeting); -- See EIS Any additional requirements as ma.,: be applicable to specific conditional uses and identified during the pre-application meeting, including I~ut not limited to any required state or federal permits.- See EIS For SFWMD Permit APPLICATION FQRPI~LI(~ HEARING FOR pUD REZONE -'5D8 o NAME OF APPLICANT: Land Trust Naples MAILING ADDRESS: c./o. Greg.F.~le, 3818 Del Prado Blvd. CITY Cape Coral STATE FL ~ 33904 3. ADDRESS OF SUBJECT PROPERTY (IF AVMLABLE): Not Available LEGAL DESCRIPTION: -See Attached Section: 2__2_2 Township: Lot: Block: Plat ~ook: -_ Page #: 5O Range: 26 Subdivision: Prol~la~y ~1[} g 502622 01~5.0005B22 Metes & Bounds Description: See Attached TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check appiicabie system): a. COUNTY UTILITY SYSTEM - b. CITY UTILITY SYSTEM c FRANCHISED UTILITY SYSTEM PROVIDE NAdME d. PACKAGE TREAt~vlr~NI PLAIN i (GPD capacity.) e. SEPTIC SYSTEM - ix] [1 Il [1 TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREAIM~Ni- PLA~Ni (GPD capacity) e. PRIVATE SYSTEM (WELL) [Xl [1 [1 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 PAGE 10 OF 12 TOTAL POPULATION TO BE SERVED: 300 DUS and :260,000 GLA PEAK AND AVERAGE DAH.Y DEMANDS - For Commercial Use A. WATER-PEAK 54600 GPD AVERAGE DAH.Y 36400 GPD B. SEWER-PEAK 39000 GPD AVERAGE DAII.Y 26000 GPD PEAK AND AVERAGE DAILY DEMANDS - For Residential Use: A. WATER-PEAK 151875 GPD AVERAGE DALLY 1012500 GPD i0. 11. 12. Il*PROPOSING TOBE CONVICTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 1/2001 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage rreatmem process m be used as well as a spec/ftc statem~t r%gardmg the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil revolved shall be pro'~fded from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Colher County,'s utility, service system, written notarized s~o,,,,~,~,,* ~h~n h,, ,,~,,.4,4~ a.~eeLn~ to de,4i~'a*~ to Ool!i,~,- Onun. ty; lti!ities the water distribution and sewage coiiection facilities within the project area upon ~pletion r>fxhe eonsu-uction of these facilities in accordance with all applicable County ordinances in effect at the at time. Th/s statement shall also include an a~eement that the applicable system developmen~ 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 AVAILABILrrY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, ii'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 capaci~ to serve the'project shall be provided. APPL.~AT1ON FOR PUBLIC HEARING FOR P~D REZOtNE - S/~ PAC.-E t t OF 12 [ _ PUD REZONE APPLICATION 'SUBMITTAL C. HECKI,IST PACKET: -REQUIREMENTS _C_0~_pleted Applic..a.tion Copy of Deed(s) and list identifying Owner(s) and all Pa, rtners if a Corporation ..... Completed Owner/Agent Affidavit. Notarized Pre-application notes/minutes Conceptual Site Plans Environmental Impact Statement - (EIS) Aerial Photograph - (svith habitat areas identified) Completed Utility Provisions Statement (with required attachments and sketches) Traffic Impact Statement - (TIS) Historical & Archaeological Survey' or Waiver Application I Copies of State and/or Federal Permits Architectural Rendering of Proposed Structure(s) Application Fee, Check shall be made payable to Collier County Board of Commissioners Other Requirements - # OF { REQUIRED COPIEs I 1 , 15 See Application 11.A 15 4 ! See ElS 4 See ElS 4 See EIS NA 4 NA 4 NOT REQU o NA 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 reautt in the delay of process this petition. Date PAGE 12 0Fl2 COLLIER COUNTY UTILITY DEDICATION STATEMENT J, Or_e~ ~a~J_e= T~e¢~ b~ing dn!y swo~ d~po~ ~ say ~at ~ ~ ~e o~r of ~ prop~ des~bed he~, a~ee to dedicate to Colti~ Co~V Utilities ~e ~ter di~bution ~d sewage collection facilities ~ ~e project ~ea upon completion of ~e cons~ction of these facilities ~n accord~ce ~%h MI &~pticablc Co~W ordin~ces ~ effect at ~e at t~e. I a~ee ~t uhe ~piici~ic ~m~ d~eio~em c~ges ~d co~e~ion f~s ~Ii be pMd to ~ Co~ Uflities Division prior to ~e issu~ of building ~m by the Co.q, ~d ~11 ~t app[opfiate ufiliq, e~ements, if needed, by the utiliw comply. )~h~, / ~ h ~ .,~ lq/;~ STATE OF FLORID~A~_ COUNTY OF ,I SIGNATURE OF O%~NER ' The forgoin~ A~reement Sheet ',vas acknowledged before me this 1999, by ~.Or'T't-'~ k... 5::~pt~"'-~.r%N..5 - . ,~lao is personallv know~ to me or who produced ' ' O as Identification and who did (did not) take an oath. NOTARY PUBLIC Commission # My Commission Expires: COUNTY GOVERNMENT PUBLIC WORKS DIVISION May 13, 199-3 Mr. Manuel Garcia, P.E. $~_~ltrwe~t F.n~~g of Lee County ~3~2~lmrial ~Boulevard, 6uite $1 Fort Myers, FL 33907 3301 E. TAMIAMI TRAIL (941) 732-2575 FAX: (941) 732-2526 Sierra Meadows PLrD Water and Sewer Avaitabihw Dear Mr. Garcia: Water and sewer services are available for the above referenced project via existing lines along Rattlesn~e Hammock Road and C.R. 951. If this project is not to provide the required Collier County Utility Easements (CLTs) as defined in Ordinance 97-17, all sewer facilities shall be owned and maintained by the owner, his successors or assigns. If this project is to provide the required CUEs, all sewer facilities shall be owned and maintained by Collier County Public Works. All on site water facilities constructed within any multi-family tracts, clubhouse tracts, commercial tracts and common areas shall be owned and maintained by the owner, iris successors, or assigns. This project shall be equipped with a master meter and appropriate backflow device. Ail water and sewer within this project shall be owned and maintained by the owner, his successors or assigns. Tie-in to water and sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, showing that the downstream systems are adequate to handle the increase in flow. The District will be making phased expansions to the water supply, treatment and trmmnission facilities and sewage transmission, treatment and disposal facilities -3_'c~¢icing-~e -area in question,~rt~~,u~ :o £-the County,-based,on~2mramals~a,vithina. he system and other binding commitments. These expansions should provide sufficient capacity to supply the referenced property's anticipated potable water and sewage treatment and disposal demands and the remainder of the District's committed capacity. However, no ~m. mrant~ mn be issued that other developments throughout the District will not impact on the quantity of potable water and sewage treatment and disposal capacity available to this property until each phase has received a commitment for service. Sierra Meadows PUD May 13, 1999 Page 2 Connections are also subject to the availability of water and sewer capacity at the time formal application is received. Should water supply or sewa_c,e treatment and disposal capacity not be available, the Developer would be required to provide an imerim means of water supply and ~eam'~ent and sewage treatment and disposal until the District's facilities have the adequate capaci _ty to serve the project. Please note that any and all improvements that you construct must be in accordance with Ordinance 97-17 and any other applicable ordinances and policies, including the payment of impact fees. Should you have any further questions, please feel free to contact me at (94t)732-2575. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Wes Hill, Engineering Review Services AFFIDAVIT I, Greg Eagle, Trustee, ,being duly sworn, depose and ~y-ttmt I am ~he 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 boneset and mae to ~ be~t of my knowledge and belief. ! understand-this applici~lSoninust be completed and accurate before a hearing can be advertised. I further permit Greg Smart, AICP and Bruce Anderson, Esq. ¢44~ems Name) STATE OF FLORIDA cou, rr¥ OF l The forgoing Agreement Sheet was acknowledged before me this 1998, by ~T'~'b-~ I,~ ~>~~ , who is personally known to me or who ha~ produced Identification and who did (did not) take an oath. (Signature of o~ Public) NOTARY PUBLIC Commission # My Commission Expires: LAND TRUST NAPLES GREG W. EAGLE -Li-st of -Beneficiaries Ali, Masood S. & Maqbool M. 114 W. Morn£ngside Drive P~O~i~, iL 6i6~4 % 1.0 Bellono, Gregory A. (Trusee) 5080 Oakwood Court Comme=e Tw~., MI 46362 6.0 Brunsman, Virginia Lee & Anthony W. 1253 Need Road Cincinnati, OH 45233 2.0 Cason, Cheri RR#2, Box 2073 Green City, MO 63545 1.0 CooDer, Dorothy M. (Trustee) Mesa, AZ 85206 1.5 Duncan, Joe F. 3575 Earhart Road Mt. Juliet, TN 37122 .5 ~g!e~ Gregory W. P.A. 3818 Del Prado Blvd. Cape Coral, FL 33904 2.0 Francomano, Robert A. IRA 35 Revere Road Queensbury, NY'12804 Gray, Edward A. (Trustee) 4330 E. Birchwood Circle Mesa, AZ 85206 4.0 1.5 Hafner, Charles 'D. 2 Beechurst Woods Lane Cincinnati, OH 45233 8.0 InArc Drilling, Inc. ~Pe=er ~. ~berle, ~resident 4405 NW 73rd Avenue - Suite 114-8169 ~£am~, FL 33166 16.0 Joh.-~on, Larry G. 33 48 East Farm Road 76 Springfield, MO 658~3 P-1 .5 PUD94-Ol ") L': z',3 · % Kun=z, George D. & Phyllis J. 1084 Gayer Way Marco Island, FL 34145 Larrd, ~ohn ~. ~Tru~tee) ~3 Yellowbird Marco Island, FL 34145 .5 4.0 La¥igna~ _~gka~! ?. (Trustee) 1520 Ben Crenshaw Way #120 -Austin, TX 78746 Leanza, 24462 Grosse Ile, MI 48138 Lukas, Theodore M. 990 ~a{~ Marco Drive gH3 Marco ~sland, FL 34145 6.0 1.0 Medlin, Gerald D. & Carmen P. O. Box 429 Sullivan, MO 630~0 3.0 Meyer, John ~. 2420 ~lam Road Xenia, OH 45385 20.0 Mitchell Holdins LTD Gerald M. Mitchell 4051 Gulf Shore Blvd. N. PH202 Naples, FL 3103 2.0 McClain & Associates Robert B. McClain P.O. Box 19818 Indianapolis, IN 48219 1.0 McCurry, Michael R. 2 Garrison Lane Lake George, NY 12845 1.0 McGovern, Brian A. & Jennings, Anne 215 Middleton Road Boxford, MA 01921 3.0 Newcomb, Anna Alice & Wheeler H. (Trustees) 150O~Bi~hop Estates =~-~ad ---<Jit~-a 13A Jacksonville, FL 32259 .5 Noyes, ~tty M. 1112 Roosevelt Trail ~13 Windham, ME 04062 P-2 · % Reckman, Robert F. (Trustee) 2500 Cincinnati Commerce Center 600 Vine Street Cincinnati, ~H 4~5202-2409 Regent Investment Corp. Harold M. Becker, President Guaranty Building- Suite 230 222 Third Street SE Cedar Rapids, LA 52401 -1 516 ~, ~oris ~. tTrustee) ]~57~ ~rtz R~ad Ypsilanti, MI 48197-9421 Rutten, Donald (Trustee) g~5 ~. ~ago ~go Drive Naples, FL 34113-8654 Rutten, Irene G. (Trustee) t05 W. Pago Pago Drive Naples, FL 34113-8654 Santos, George L. & Clara C., Jr. 148 Muirfie!d Circle Naples, FL 34113 Sevenliss, Craig P. O. Box 461 Port Salerno, FL 34992 Zurlo, George J. & Helen P. O. Box 764 Glens Falls, NY 12801 2.0 4.0 1.0 1.0 1.0 t.0 1.0 1.0 100.00 P-3 OR: 2337 PG: 0747 EXHIBIT "A" North one-half (N 1/2) of the North one-half (N 1/2), except the Northwest quarter (NW 1/4) of the Northwest {NW 1/4) and road right-of-way and less the Westerly 400 feet, Section 22, Townsraip 50 South, Range 26 East, Collier County, Florida. feet {25') of lhe b3LIowing described North one-half (N 1/2) of the North one-half (N 1/2), except the Northwest quarter (NW t/4) of the Northwest (NW 1/4) and road right-of-way and less the Westerly 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. AND LESS AND EXCEPT that Sidewalk Easement granted by Ayres Partnership to Collier County covering the property described as: A l)o~tion ~)f that Nm~heast quarter of Section 22, Township 50 South, Range 284[~st, Collier C=un~/, Florida, being ~or_e particularly described as follows: Commence at the Northeast corner of Section 22,Township 50 South, Range 26 East, Collier County, Florida thence run South 87049'33" West, along the North line of said Section 22 for a distance of 125.18 feet to a point on the Westerly right-of-way line of State Road 951, a 225.00 foot right-of-way; thence run South 00o52'44" West, along said Westerly right-of-way line for a al{stance of 373.60 !se.* .to !he P~int of~Beqinninq of the parcel of land herein described; thence continue South 00052'44" West, along said right-of-way line for a distance of 253.24 ~eet; thence run No,-th 89o07'! 5" West for a distance of 6.50 feet; thence run North 00o52'44" East for a distance of 220.22 feet; thence run North 12o00'55" East for a distance of 33.65 feet to the Point of Beqinninq containing 0.035 acres, more or less. Bearing shown hereon refer to the North line of Section 22, Township 50 South, Range 26 East, Collier County, Florida as being South 87o49'33" West. 2213497 OR: 2337 PG: 0746 [Spa~e ~ This Line aw Rem~d'mg WARRANTY DEED oth~ gO~ and vllu~le c~ideMtions to smd gmn~o~ m ~ paid by ~ ~ntee. the r~e~t w~ere~ the ~ent ~ ~ ~ ~uem ~ ~ prop~ Is n~ now. it e~r been the h~e~Md prope~ ~ the Grantor, nor h~ comigu~s to ~e h~e~d ~pe~ ~ ~ ~nmt, THISI RECORDED tNS~UME~ shall conter on the Trustee luth~ri~ ei~r to protect, conserve and to ~!1, or to lea~, or to engumbe~ or othe~ise to m~age and dispose of the reel prope~ d~H~d ~rein, PARTNER~IF on ~l~ll iai tile cor~aUon. Ha/she Is pm~ ~ to me ~ PUD94-Ol~} 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 41 42 43 45 ORDINANCE 99: ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH L~CLLVDES THE CO~R.EIa~NSiVE ZONriN6 REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COLrNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0622 BY HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SIERRA MEADOWS PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE-HAMMOCK ROAD (C.R. 864) AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 90.8+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NX,qVlBER 94-68, THE FORMER SIERRA MEADOWS PUD; AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, Bruce Anderson, Esq., of Young, Van Assenderp, Vamadoe and Anderson and Greg Smart, AICP, of Stuart and Associates, representing Land Trust Naples, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY TI~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zomng Classification of the herein described real property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, is changed fi.om "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 0622, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWQ: Ordinance Number 94-64, imown as the Sierra Meadows PUD, adopted on December 20, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in its entir~o 1 5 6 7 9 I;3 1! 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 SECTION THREE: This-Or~'~-,mnee a.~afil b~o~-me -e.q~.fix.~ ~-on fi~.fiaag with the D_~partmc~nt of State 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, FLORIDA ~P~pproved a~ ~'o l'~,im ~ti~d Legal Sufficiency Marjo~ M. Student Assistant County Attorney BY: PAMELA S. MAC'KIE, CHAIRWOMAN ORDiN ^NCE~PUD-94-0 i ( 1 )/SM/ira -2- PUD-94-1(1) Exhibit A PLANNED ~JN ITDEVELOPMENT ~DOCUMENT The Sierra M~do~vs PUD A Mixed Use Development Prepared by: ,Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Flodda 33901 ,Date ~evie~ed=by-C-~PC: Date Approved by BCC: Ordinance Number: TABLE OF *CONTENTS .STATEMENT OF .COMPLIANCE SECTION II SECTION IV SECTION V SECTION VI Pro~ Ownership & Description Project Development --Residential District Community Commercial District Conservation Reserve District General Development Commitments PAGE 3 6 t"1 16 20 21 lIST OF EXHIB~S EXHIBIT "A" EXHIBIT "B" PUD Ordinance Master Concept Plan 2 STATEMENT OF COMPLIANCE The development of 90.8+ acres of property in Section 22, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Sierra Meadows PUD wilt be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial, residential and conservation reserve tracts of the Sierra Meadows PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive ~ianning o~D]ectives'for:the~oiioWing reasons: The subject property is located at the southwest quadrant of the intersection of~atttesnake-Hammock-Road and CR951, and ~is classified as ~he Urban Commercial Mixed Use Activity Center on 'the Collier County Future Land Use Map. The Mixed Use Activity Center permits up to 40-acres of commercial and residential development at up to sixteen (16)dwelling units per acre within the Activity Center. The Sierra Meadows PUD calls for a 30- acre plus commercial tract with an integrated three-hundred (300) multi- family dwelling unit tract, Activity Centers are the preferred locations for the concentration of mixed- use residential and commercial development activities. The proposed development includes both residential and commercial uses which is entirely c~_ ~si_stent with the Urban. Commercial Distdct O~3jective and a.~oc~ated Policies and Standards. Provisions are .included in the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 951 so as to coordinate on-site and off-site traffic movements and to provide interconnections for pedestrians, bicycles and motor vehicles for existing and future adjacent projects. The project development promotes sound planning and ensures land use compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing land u.~..~ tn we.~t. The subject property's Mixed Use Activity Center location in relation to existing or proposed community facilities and services permits'the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and the Collier County Density Rating System. Ail final development orders for this project are subject to Divisior Adequate Public Facilities, of the Collier County Land DevelopmE 3 T set forth in Policy 2.3 of the Future Land Use Element. The development project'w~! t3i~ ~i~ ~y ~1'ull~a-nge~l~t~s ~nd utilities provided by the County and will mesult'in an efficient and economical,expansion of facilities as required Policy 3.1H of the Future Land Use Element. The project shall be in compliance w~rth all applicable County regulations including the Growth Management Plan. 3-t~e Sierra-~eadows ~ is planned to in~ ~-si:~ces, ~ and natura! syste, .ms'{or .water ~anage.~-.n.t~..;-a~daRc, e-wRh~r ~a~l functions and capabilities consistent with Objective t .5 of the Drainage Sub- Element of the Public Facilities Element and Goals One, Two and Six of the ~'~'eatien ~nd Olin Spar_,-e Element. The entire subject property qualifies for a maximum density of 496 dwelling units per acre based upon Future Land Use Element Density Rating System. The project development is consistent with the Density Rating System with a project density of 5.27 dwelling units per acre, or 300 total maximum units. Land Use Area (1) Density Dwelling Units Total Site Area 90.8 Less Commercial Tract 30.2 ac. Right-of-way 3.1 ac. Mu!ti-family Residen,-'-~-! !8.7 ~c. Presem'e and Surface Water 38.8 ac Management Area Net Gross Area For Residential 60.6 ac Density Calculations - * Mixed Use Activity Center 5.1 ac. -* Residential Base Density 55.5 ac. , Activity Center Density Band 55.5 ac. * 2 Direct Access Connections 55.5 ac Total Estimated Maximum Units Sierra Meadows PUD Amendment 616 DUS per ac. $2 DUS 64 DUS per ac. 222 DUS 63DUSperac.' 166DUS ~ 1 DUS per ac 55 DUS 60.6 ac. 8.66 DUS per ac. 525 DUS 60.9 ac. 4.93 DUS per ac. 300 DUS (1) Right-of-way, Commercial and Residential Tract areas to be finalized at Final Site Development Plan Review. 4 ~'ECT~I3N 1 'PROPERTY OWNERSHIP AND DESCRIPTION 1,1 PURPOSE The purpose of t, his Section is to set forth the tocation and ovcrmeship of the ~property, ~and~to describe-the existing conditions or'the property proposed 1o'1)e developed under the name of The Sierra Meadows PUD 1.3 1.4 1.5 A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The North one-half (9-1/2) of the North one-half (9-1/2), except the Northwest quarter(NW-l/,) of the Northwest quarter (NW-I/,) and road right-of-way and less the Westedy 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres, more or less. Subject to easements, reservations or restrictions of record. PROPERTY OWNERSHIP The subject property is currently owned by Land Trust Naples. GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within an Urban Mixed Use Activity Center as designated on the Future.Land Use Map. PROJECT DESCRIPTION Approxin'mtely 40--acres oflhe90.8 acre property are located withintheMixed Use Activity Center. The Sierra Meadows PUD wJll include a mixture of land uses for commercial, residential and conservation reserve. The mixed-use project will consist of a 30.2 plus acre commercial land use tract, approximately 3.1 acres of internal right-of-way, a 18.7-acre residential land use tract, and a 38.8-acre conservation reserve tract. The final size and configuration of the commercial, _///'7' ~ right-of-way, residential and conservation reserve tracts will be determined during final ~ Dcvetopm~ Pla]3 'ap~)~val ~roz;~-ss l',~w~ver, ::he final .size shall :not deviate'more'then five T)ercent of'the total acreage designated as such, up to five acres in area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through existing and proposed median openings to provide ingress and egress to both arterial and collector roadways. The Sierra Meadows PUD Access Management Plan is depicted within the Exhibit "A", PUD Master Plan. A maximum number of three hundred (300) dwelling units are proposed along with two ='hundred and sixty {1'~o~ (260,~0) square feet of gross commemiat floor area. The~ie~ra~vleadows~PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created ~or4andscaptng, -~i~htlr~g,~-rces ~nd ~bu~ffem. T-he A4aster~lan :i-sitjustrated ~raphically on Exhibit "A", PUD 'Master Plan. Individual tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Sierra Meadows Ptanned Unit Development Ordinance." ~CT~ION PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. -Regulations for development oTThe'Sierra-Meadows PUD shall be in accordance.with-the contents of this~ocum~nt,-~n~D-PJanned~UnitJD~ey~el~p~ent District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect, at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar distdct in the Collier Cou~n__hC~_Larjd Development Code shall apply. ~.j/,?.~. 6 2.3 2.4 B. Unless otherwise noted, the definitions of all terms shall be the same as the de~finitions set ~off-h ~n ~he Co]liter ~t,-un[y L~a~d .Development Code --in ~ffect ~at ~the date of adoption of this PUD. C. All conditions imposed .and graphic rr~tedal presented depicting restrictions for the development ol' The Sierra Meadows PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless ~lty waned through any variarme o~ waiver provisions 1rom any other applicable regulations, the provisions of those regUlations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by-the approval-oflhis petition will ~be ~ut3jected =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. PROJECT PLAN AND PROPOSED LAND USES Ao The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. M~,,,,r ,mo,~,,,,~ca;~on,, ,-o ,..,,,,,,,,, may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwiseprovided within this PUD Document, any division of the property and the development of the land shall be in compliance with ~~div~sion ~Regula~Jons ~ nd-,~h~aEi~g ~3ws of-the State :of~FJ~da. 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 infrastructu.i'e improvements regarding any dedications and provision for '7 T ] perpetual maintenance of common facilities. 2.5 2.6 d~MENDMENTS TO,PUD DOCUMENT OR-PUD ;MASTER ~PLAN Amendments may be made to the PUD document and Master Plan as provided in Section 2.7.3.5 oflhe Collier County Land Development Code. MODEL HOMES 2.7 2.8 Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. UMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Secticm 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING 2_9 2.10 2.11 Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. OPEN SPACE REQUIREMENTS A minimum of thirt_v_percent (30%/of the nroiect's~aross area shall.be devJ3ted ~ open space, pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier ~County L.~and Development:Code. T~he total~project~0~8~/-~acres,~equiring a minimum of 27.24 acres to be retained as open space throughout The Sierra Meadows PUD. The 38.8-acre consewation reserve tract will comprehensively meet the projects 30% open space requirement. The 30% open space requirement shall not apply to individual development parcels. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County land~;:,.~/?'G, · Development Code, 25% of the viable naturally functioning native vegetation on -~-~ffe, ~r~3pro~-~rr~te~ 22.7~cres,=shall~Tetain~-d. The 38.8--a~;~re'~,_,b'n~ervation -reserve tract will ~omprehensively'meet the projects 25% T~ative vegetation requirement. The 25% native vegetation requirement shall not apply to individual development parcels 2.12 2.13 2.14 2.15 Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building spaoe within cemmon areas for fl'm purposes of accommodating 'the function of an electoral polling place. SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. LAKE SE't'~ACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County£and Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. Ail lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Sierra Meadows PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a t)uitcling permrt w~ere'the development proposed requires a bUilding permit under me J_ar~d .De~elopme~ =,,~,~ ,.:,, r~ot h er~appl i~a~le ~.pu r~ty~ ~i~ ~s. J=~F~.~e~r)~t±o ~ s ~to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting tt _e.. s_~.nd_ards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been'issUed.~ 9 Removal of exotic vegetation shall be exempted upon receipt of a vegetation ~'~Wg)v~ ~'tw3it=fo-r ~e×~tic~ pursuant to-Division 3i9 of~he Land Develop~nt Code. B. A site clearing, grading, filling and revegetation plan and a Cleadng and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review ~and approval pdor to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site- clearing plan shall dearly depict how the improvement plans incorporate and retain native vegetation, q'he Site specific cteadng, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation byexotics subject to the following: a) Provision of a site filling _and grading ,oJan for teyiew and appmva! by the County; b) Provision of a revegetation plan for review and approval by the County; _Site ~i!!Jng exceeding 25 a~s but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a) A site-clearing plan shall be submitted for review and approval that shows the acreage to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b) The applicant shall submit a .detailed description of~he fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. _c) The~a pplica nt_-st'~all~b~it .=a~ailed,revegetation ~la n,J~ ~a~Jin g ~a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetafion work. d) The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimata~as previously detailed including the maintenance cost for 3 y~ears. ~The~, amount of the security may be reduced upon'the issuanc6 of ~' " 2.16 building permit. A separate security will not be required if such ~,~sts ~ ~it~lud~d ~n~he subdivision security. ARCHITECTURE AND SITE DESIGN Ail signage, fencing and landscaping shall be architecturally unified for ali development on the subject site. All commercial buildings shall complywith Division 2.8 of the Collier County Land DeveJopment Code (Architectural and Site Design Standards and Guidelfnes) prior 1o issuance of a building pem~it. ~SECTION 111 RESIDENTIAL DISTRICT 3,1 3.2 3.3 The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as "Residential". MAXIMUM DWELLING UNITS A maximum number of three hundred (300) Dwelling Units may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the maximum gross floor area shall not exceed a factor of 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Multi-family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential District is eighteen and seven- ~tenth ~(~I~3 ~-)~acre s..Actual~acreage,of~aii=develepment~tracts~wiii~be~provided ~t the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. ]! 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be .erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1 ) Multiple-family dwellings including Garden Apartments. 2_) Single-family Attached and Townhouse 3) Assisted Living Facilities (ALFs) pursuant to Section 2.626 of the Land Development Code. 4) Group Care Facility (category I and category I!) pursuant to Section 2.6.26 of the Land Development Code, excluding Homeless Shelters. 5) Nursing home facitLty pursuant to S~'tion 2.6.26 of the Land Dev~t Code. 6) Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. Management offices and recreational facilities that serve the group housing development including but not limited to administrative offmes, tennis courts, pools, pool cabanas, clubhouses and gazebos. Any other principal use, which is comparable in nature with the foregoing, uses. Accessory Uses: Uses and structures that are ~ecessary and incidental ~to uses permitted as a right including, but not limited to, garages and carports. Parks, passive recreational areas, boardwalks, observation platforms. Biking, hiking, health and nature trails. Water management facilities and lakes, including lakes with seawalls and other types of architecturai bank treatment, and essential services. Recreational shelters, restrooms, off-street parking, lighting and signage_... 7) 6) 9) 2) 3) 4) 5) 12 3.5 *DEVELOPMENT'SI'ANDARDS T~ 1 ~j~ forth the development standards for ~and uses within the Residential District. t¸o Standards for parking, landscaping, signs and other tand uses where such standards are not spec'~ed herein are to be in accordance with ~e 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 1 shall be of the Land Development Code in accordance with ~ese standards ~ ~e zoning district which is most similar m ~e pm~sed use. Site ~' '"" * dove,~,pmen, standards for single family attached and townhouses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. 4. During the platting process, the developer shall identify the specific housing type intended for each platted tract. ]3 T~BLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS Category. Minimum Lot Area Minimum Lot ~Vidth Front Yard Front Yard for Side Entry Garage Side Yard Rear Yard Principal~2 Rear Yard Accessory Maximum Building Height "3 Distance Between Principal Structures Floor Area Min. (S.F.) SINGLE FAMI] ATTACHED 1 3,000 SF per DU 30 20 10 0 ~r.5 ~H (4) 2O 10 35 .5 SBH 1200 MULTI- · ~I}W~E~L~INGS 2 1 AC 150 25 15 0.5 BH BH 15 55 .5 SBH 425 *5 + BH:Building Height · SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. + S...~F: Square feet · All distances are in feet unless otherwise noted. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right- of-way tine. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel is served by a plat'tea private clrive, the setback is measured from the back of the near.est easement or property line, whichever is more restrictive. '1 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *2 ~ Rear yards ~-.-,.., ~.,.,,......,'--;'.,';'.oJ and a-'~..cesso,~ st-u"~,,res, v.., '-.,v,, .Jots and tracts which abut a non- jurisdictiona! open space or native vegetation preservation area may be zero (0') feet except lhat when abutting a lake or water body; an architectural bank treatment shall be incorporated into the design. ~- ~ 14 i *3 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the ~.~ppermost finished ceiling elevation of the str~Jcture. '4- The zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi- detached units. *5 - Group care facility (category I and category 11 other than homeless) - 1,500 sq.ft, plus 200 sq.ft, per live-in person, beginning with the seventh live-in person. SECTION *iV COMMERCIAL DISTRICT 4.1 PURPOSE The ~se =of~his ~ 4s~o~Ment~fy l)ermitted uses ~i ~pme~t ~-ta~ards for areas within The Sierra Meadows PUD designated on the Exhibit "A", PUD Master Plan as "Commercial". 4.2 4.3 GENERAL DESCRIPTION Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. The approximate acreage of the 'Commercial District that includes the project's internal right-of-way will be thirty and three-tenths (33.3) acres of which approximately three and one-tenth (3.1) acres will be for right-of-way. Net commercial land area will be thirty and two-tenth (30.2) acres. Actual areas of al! development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. Up to two hundred and sixty thousand (260,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development. PERMITTED USES AND STRUCTURES No building orstructure or_part thereof, shall_be~emcted,.__altered or_used, or land used, in whole or in part, for other than the following: A. 'Permitted'Principal Uses and Structures 1. Agricultural Services (Group 0742, 0752, except for outdoor kenneling) 2. Amusements and Recreation Services - Indoor (7911 to 7933, 7991 a ]6 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Auto and Home Supply Stores (5531) Automotive Services, Car Washes, Supplies and Gasoline Station, subject to Section 2.6.28 of the Land Development Code (Groups 5531 with primary emphasis on Sale of Automotive Parts and their Installation, but not unrelated Repaim; 5541 which may inciucte a Car Wash as ~ by 7542, with i~e ~xc-~pt~ ~)1'Sas ar+d T~ruck Wast~Ir~j ~1 A~cilta~y Repairs ~normatty ~ ffunctio~n of a Full Service Automobile Gasoline Service Station. Car washes abutting residential land uses subject to Section 2.2.t5.2.t .5 of the Land Development Cede.) 6. Automotive Repair, Services and Parking (Groups 7514, 7515, 7521) 7. Building Materials, Hardware and Garden Supplies (Groups 5211,5231, 5251 - Outside Storage is limited only to Garden Supplies). Business Services (Groups 7311-7352, 7359, except airplane, industrial truck, portable toilet and oil field equipment Renting and leasing, except armored car and dog rental, 7389 except auctioning, bronzing, field warehousing, salvaging of damaged merchandise). 9. Child Day Care Sew'ices (8351) 10. Communications (Groups 4812-4841, except principal transmission towers) 11. Depository Institutions (Groups 6011-6099) 12. Drug Stores and Proprietary Stores (5912) 13. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 15~ngineering, Accounting, ~esearch, =Management -and -4:{elated -Services (Groups 8711-8748) 16. Food Stores (Groups 5411-5499) 17. 18. General Merchandise Stores (Groups 5311-5399) Group Care Facilities (Category I and II) Care Units and Nursing Hot to Sec. 2.6.26 ]7 19. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 20. Health Services (Groups 8011-8049, 8082) 21. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736) 22. Insurance Carriers, .Agents ~and Brokers (Groups 6311-6399, 6411 ) 23. Legal Services (8111 ) 24. Libmdes (8231) ~25.1~tanagement and-Pablic~'elationsSewices-(Gtoups8741-~743,-ST~tS) 26. Membership Organizations (8611-8699) 27. Miscellaneous Personal Services (7291) 28. Miscellaneous Retail (Groups 5912-5963, 5992-5999) 29. Motion Picture Theaters (7832). 30. Museums and Art Galleries (8412) 31. Non-depository Credit Institutions (Groups 6111-6163) 32. Paint, Glass and Wallpaper Stores (5231) 33. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 34. Public Administration (Groups 9111-9199, 9229, 9311,9411-9451,9511-9562, 9611-9661 ) 35. Real Estate (Groups 6512, 6531-6541) 36. Retail Nurseries, Lawn and Garden Supply Stores (5261) 37. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups '-621'1 --6289) __3~ Yj_d_ep _-l'_a_p_e R__en~l .f7841 ) 39.Vocationai SchDols (Grou,os 8243-8299) 40.Any other general commercial use, which is comparable in nature with the C-4 General Commercial District in effect on the date of approval of this F Ordinance and the foregoing uses. ~.j/'~' ~" **4.4 . .~CC~ ~Y US~ ~d~JD STRUCTURES Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity C, enter Subdistrict which the Planning Services Department Director determines to be compatible. 4,5 DEVELOPMENT STANDARDS A. Nlir~imumtetarea: Ten {housand (10,O00) square feet. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Rattlesnake Hammock Roads: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25)feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required by Division 2.3. of the Land Development Code. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. ~ _Maximum height: Fray ~sn~ f,=,~ above Mean Flood F:levafion~s_measured by the finished floor elevation to the building eave. H. General application for setbacks: ~Front yard setbacks Shall comply With the following: 1. If the parcel is served by a public or pdvate fight-of-way, the measured from the adjacent right-of-way line. setback is 2. If the parcel is served by a non-platted private ddve, the setback is measured from the back of curb or ~:lge of pavement. 3. lfthe parcel is served by a platted private drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural-and site design standards: All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. L. Signs: As required by Division 2.5. of the Land Development Code. SECTION V CONSERVATION RESERVE DISTRICT 5.1 5.2 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as Conservation Reserve Tract. GENERAL DESCRIPTION The 38.8-acre tract designated as Conservation Reserve on the PUD Master Plan is designed to accommodate a full range of conservation and limited water management uses, functions and berms. The primary-purpose of the Reserve District is to conserve native on-site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a ~tive~ pe r~s ~pa -ep_~jte _-o. men ity-for,th e~njeyme~t .,cf ~.~a _-Meadows :PUD residents, and to provide a native vegetative buffer for future adjoining residential uses to the west. The Conservation Reserve Tract consists of 35.9 acres of wetlands and uplands preserve, and 2.9 acres of a perimeter berm easement. The final size and configuration of the commercial, residential and conservation reserve tracts will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total;a~ma, ge designated as such, up to five acres in area. 5.3 PERMITTED USES AND STRUCTURES No building or structure, ,or part thereof, shall ~e,erected, altered or used,,or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. -S. -~tatu~re-~'aits,-e×cluding~asphatt13aved~surfaces. C. Water management facilities, berms, structures and lake bulkheads or other structural treatments. 5.4 D. Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the fore_goi~cl uses and which the Planning Services Department Director determines to be compatible in the Reserve District. DEVELOPMENT STANDARDS 5.5 Ao All structures shall set back a minimum of fifteen (,15) feet landward from the edge of wetland preserves Jn e_l! places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. RESERVE DISTRICT CONSERVATION ;EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County l_anci~eveiopme~oae, saia easement shall be provided in accordance with the terms set_f~rth.~.Jn_t+he_applicable.permit.gm~ed~y.~,said~gen¢ies. The~levelopcr-cr owners of The Sierra Meadows PUD shall be responsible for control and maintenance of lands within the Reserve District. SECTION VI ~.-.-~NERAL'DEVELOPMENT 6.2 6.3 PURPOSE The purpose of this section is to set forth the standards for development of the GENERAL All-facilities ~hall-b~ ~o~nstracte~ in ~t;t;br--dah~,~ wlfll-~i~ihal s-ire :~evel0pment plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be pJatted. Ail state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall agree to follow the Master Plan and the PUD regulations as adopted, along this property. In addition, the developer and the successors am bound by the commitments within this agreement. PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan iljustrates 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 maybe made from time to time. -,A!l-p.e~.ss:a~.~a~- mer~ts,,,j~tedieafions ~or~other ~4nstrumer~ts,shalH3e~ ranted to ensure the continued operation and maintenance of ali service utilities and all common areas in the project. This PUD shall be subject to the Sunset Provisions of Sectk~ 2.7.3.4 of the Land Development Code, including development monitoring report provisions ...... Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. ~Deta~ paving, grading and site drainage plans shall be submitted to Er+gL-~ss,-ir~j ~Re'~-~ -~m'~re~iew. ~No~)~stra~'-tio~ ~-mRs ~hall =t~ issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. In accordance with the~ules of the -South ~Ftofida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. Do Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. Eo Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive outfall for the water management system. F° The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate the County's drainage easement, including any mitigation, shall be the sole responsibility of the County. 6.5 TRANSPORTATION Co The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 951 and the project entrance if and ~'~e~-t~ty~~he~roject. ~i~e signal w~'De ownecl, operatea _and mai ntained_by_C~!!ier_.C~ unty. The developer shall provide arterial level street lighting at ali project entrances prior to the issuance of aCertificate o~: Occupancy. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any, ..... ,. . .~ .... .~ development permit for the project, i'..=. I 6.6 6.7 The developer shall provide sidewalks/bikepaths along all PUD development ~b-act arterial roadway ~rontages at the'time o-f 'final site development 'permitting and construction for each phase and parcel of the ~PUD. At each development access driveway, an additional 12 feet is needed for right turn lane facilities. Compensating fight-of-way forturn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "pem~went" Certificate of Occupancy. Such fled~ shall be considered site related, and there shall be no road impact fee credits to the applicant. The applicant shall provide to the County in fee simple ownership, a strip of land 25 Teet in width along the entire length o-fthe Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-2.2, as amended. The ~ture right-of-way shall be mede avaiJable to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occ_~rs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. UTIUTIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. ENGINEERING A. Except,as otherwise provided within this ~PUD document, this project .shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. ~ENViRON MENT, AL 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. 24 Bo Co Fo All conservation areas shall be designated as conservation/preservation tracts or easements on alt construction plans and if the property is platted shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in .-ac.~ fda nc..e with ~Subsection 3.2.8.4.7.3 of~ £and Development Code. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in ali 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 approved by Current Planning Environmental Staff. Petitioner shall comply with the guidelines and recommendations of the U.S° Fish & 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 shal! be submi~ed to Currant Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be s,~bm,~e,.," ; '~ to,.,,,,, ~.,~" ...... ,,,o,Dl""";"'",, ,,, ,~ --,r-""~,., ,, ...... ,.,, ,, ,,~, ~o,*"~ Staff ¢"",,.,, review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within the conservation/preservation area. The project shall comply with the .environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final development order approval. The 35.9-acre Conservation Reserve Tract will serve to meet all Land Development Code ~ative open space requirements for'the Residential and Commercial Tracts. A copy of the South Florida Water Management Distdct Conservation Easement will be copied to Current Planning Environmental Staff at the time of the first Site Development Plan approval. I EXECUTIVE SUMMARY PUD-99-18, ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC., REPRESENTING OLDE CYPRESS DEVELOPMENT CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE AND "PUl}" (OLDE CYPRESS PUl}) TO "PUD" PLAxNNED UNIT DEVELOPMENT TO BE KNOWN AS OLDE CYPRESS PUD FOR THE PURPOSE OF INCREASING THE PROJECT ACREAGE FROM 500.1+ ACRES TO 528.79_+ ACRES AND REDUCING THE GROSS DENSITY FROM 2.2 TO 2.1 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 1,100 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 1.3 MILES EAST OF 1-75 IN SECTION 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO DOA-99-03) OBJECTIVE: The petition seeks to rezone approximately twenty-nine (28.69) acres of land from "A-ST" Rural Agricultural with a special sensitive land overlay to "PUD" Planned Unit Development which will be attached to and made a part of the current Olde Cypress PUD. In addition certain modifications will be made to the existing Olde Cypress PUD resulting from the added land area. CONSIDERATIONS: The Olde Cypress Woods PUD is located on the north side of Immokalee Road (C.R. 846) immediately contiguous to the east side of Longshore Lake generally occupying most of Section 21, Township 48 South, Range 26 East. The added land area lies immediately east of the east boundary of the current Olde Cypress PUD concurrent with the Section line between Section 21 and 22. The land area to be added to the Olde Cypress PUD will be used for mixed residential uses and accessory recreational amenities. Nevertheless, no additional dwelling units over and above what is now authorized under the Olde Qvpress PUD regulatory document (i.e. 1,100 dwelling units) is being requested. In essence the land will be used to accommodate some of the number of dwelling units authorized for the Olde Cypress PUD thereby in fact reducing the overall density over that which could othem ise ~;~x e re~tdted with the number of dwelling units that the property on its own is o~herwise entiticd to. The effect of adding approximately twenty-nine acres of land to the Olde Cypress PUD results in two revisions in particular. One, it requires an amendment to the legal boundary of the enlarged PUD, and second, changes the acreage for land use calculations including density. In addition to these revisions, some modifications of development standards are proposed. They are as follows: (i) A maximum building height of thirty-five (35) feet will be made applicable to the added land area. (ii) A guest suite in connection with the land area associated with the Golf Course Clubhouse is proposed to be reduced in terms of floor area fi.om 750 square feet to 600 square feet. (iii) Proposes the elimination of the requirement for improvements to the Cocohatchee Canal inasmuch as these improvements have been completed. (iv) Proposes elimination of requirement that no construction commence until a fire station is located within five (5) miles of Olde Cypress, inasmuch as this condition has been met. (v) Proposes a reduction to the required setback fi-om proposed Logan Boulevard extension, now at fifty (50) feet, to twenty-five (25) feet north of the Clubhouse. All of the land area of the Olde Cypress PUD, including that to be annexed to the Olde Cypress PUD, is located within the Urban Residential designated area. The current Olde Cypress PUD was determined to be consistent with all applicable elements of the GMP. None of this consistency relationship is affected by adding approximately twenty-nine (29) acres of land. In terms of the added area itself the following consistency analysis applies: Land Use and Densi~' - Since the intended use is for residential purposes this is consistent with its urban residential designation on this Future Land Use Map to the FLUE. Inasmuch as no additional dwelling units are being requested density for the Olde Cypress previously determined to be consistent is unaffected by the change. In fact the gross density is reduced from 2.2 to 2.1 dwelling units per acre. Traffic Element - This petition will not result in any additional impact on roadways because the rezoning action does not result in any additional dwelling units or other increase in land use intensity. Therefore, an action to rezone additional land and amend the current Olde Cypress PUD d~,~ ,Jot g~x e risc to any ir~con~istencs' with the TCE. Open Space/Natural Features Reservation - When the current Olde Cypress PUD was approved, consistency thresholds for open space and natural vegetation communities preservation were exceeded by a considerable degree. The addition for approximately twenty-nine (29) acres makes no measurable impact on these consistency relationships. Other Applicable Elements - The added land will be developed through extension of County sewer and water utilities. Olde Cypress water management plan will extend into the added area, all of which is under the purview of the S.F.W.M.D. That agency is charged with the permitting function. A permit is in effect for Olde Cypress thus requiring a permit modification for the added land area. S.F.W.M.D. approval is a prerequisite for subsequent action that is intended to allow commencement of construction. FISCAL IMPACT: The original fiscal impact does not change as a result of amendments and added land area, inasmuch as there are no additional dwelling units. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: The petitioner's property is located within, an area of historical/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historical/archaeological survey and assessment is required. The applicant has provided a Cultural Resource Assessment Survey that was prepared b~ Archaeological Consultants Inc. in 1997. The su~'ey results indicate that no historical"archaeological sites were found within the subject site. As a result, the PUD Document shall contain the following information. Pursuant to Section 2.2.25.81 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historical 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. PLANNING SERVICES STAI.'F 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 PkqD-99-18 subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was administratively reviewed for environmental consistency inasmuch as the property is considered developed. Environmental staff stipulations based on LDC requirements are included in the PkqD. i PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Cormnission heard this petition on November 3, 1999. They unanimously recommended to forward this petition to the Board of County Commissioners with a recommendation of approval. 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~etition has been placed on the Summary Agenda. / P]IEPARED BY RONALD F. NINO, AICP DATE CURRENT PLANNING MANAGER REVIEXVED BY: ROBER~[' J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED Bq~?: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE g!admin PUD-99-18 EX SUMMARY~RN/im AGENDA ITEM 7-F TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL S OCTOBER 22, 1999 PETITION NO: PUD-99-18, OLDE CYPRESS COMPANION TO DOA-99-03 (FKA WOODLANDS) OWNER/AGENT: Agent: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Owner: Olde Cypress Development LTD., A Florida Limited Parmership 3620 Strand Blvd. Ste. lC Naples, FL 34110 (See application for specific ownership details) REQUESTED .aCTION: The petition seeks to rezone approximately twenty-nine (28.69) acres of land from "A-ST" Rural Agricultural with a special sensitive land overlay to "PUD" Planned Unit Development which will be attached to a made a part of the current Olde Cypress PUD. In addition certain modifications will be made to the existing Olde C,vpress PUD resulting from the added land area The Olde Cypress Woods PUD is located on the north side of Immokalee Road (CR 846) immediately contiguous to the east side of Longshore Lake generally occupying most of Section 21, Township 48 South. Range 26 East. The added land area lies immediately east of the east boundary of the current Olde Cypress PUD concurrent with the Section line between Section 21 and 22. (See location map following page). /7,4' , DESCRIPTION OF PROJECT AND PUD AMENDMENT ADDED LAND AREA: The land area to be added to the Olde Cypress PUD will be used for mixed residential uses and accessory, recreational amenities. Nevertheless, no additional dwelling, units, over and above what is now authorized under the Olde Cypress PUD regulatory document (i.e. 1,100 dwelling units) is being requested. In essence the land will be used to accommodate some of the number of dwelling units author/zed for the Olde Cypress PUD thereby in fact reducing the overall density over that which could otherwise have resulted with the number of dwelling units that the property on its own is otherwise entitled to. AMENDMENT TO OLDE CYPRESS: The effect of adding approximately twenty-nine acres of land to the Olde Cypress PUD results in two revisions in particular. One, it requires an amendment to the legal boundary of the enlarged PUD, and second, changes the acreage for land use calculations including density. In addition to these revisions, some modifications of development standards are proposed. They are as follows: A maximum building height of thirty-five (35) feet will be made applicable to the added land area. (ill A guest suite in connection with the land area associated with the Golf Course Clubhouse is proposed to be reduced in terms of floor area fi-om 750 square feet to 600 square feet. (iii) Proposes the elimination of the requirement for improvements to the Cocohatchee Canal inasmuch as these improvements have been completed. Proposes elimination of requirement that no construction commence until a fire station is located within five (5) miles of Olde Cypress, inasmuch as this condition has been met. (v) Proposes a reduction to the required setback from proposed Logan Boulevard . ,:tc:~on, nu~v at fifty l 0) ,'cot. To ~wer L3 five (25) feet north of the Clubi~ousc. COMP CONSISTENCY All of the land area of the Olde Cypress PUD including that to be annexed to the Olde Cypress PUD is located within the Urban Residential designated area. The current Olde Cypress PUD was determined to be consistent with all applicable elements of the GIMP. None of this consistency relationship is affected by adding approximately twenty-me (29) acres of land. In terms of the added area itself the following consistency analysis applies: : Land Use and Density- Since the intended use is for residential purposes this is consistent with its urban residential designation on this Future Land Use Map to the FLUE. Inasmuch as no additional dwelling units are being requested density for the Olde Cypress previously determined to be consistent is unaffected by the change. In fact the gross density is reduced from 2.2 to 2.1 dwelling units per acre. Traffic Element - This petition will not result in any additional impact on roadways because the rezoning action does not result in any additional dwelling units or other increase in land use intensity. Therefore, an action to rezone additional land and amend the current Olde Cypress PUD does not give rise to any inconsistency with the TCE. Open Space/Natural Features Reservation- When the current Olde Cypress PUD was approved required consistency thresholds for open space and natural vegetation communities preservation were exceeded by a considerable degree. The addition of approximately twenty- nine (29) acres makes no measurable impact on these consistency relationships. Other Applicable Elements- The added land will be developed through extension of county sewer and water utilities. Olde Cypress water management plan will emend into the added area all of which is under the purview of the S.F.W.M.D That agency is charged with the permitting function A permit is in effect for Olde Cypress thus requiring a permit modification for the added land area. S.F.W.M D approval is a prerequisite for subsequent action that is intended to allow commencement of construction. EXISTLNG AND SURROUNDING LAND USE AND ZONING: Existing: The existing site being added to the Olde Cypress PUD is an current operating plant and tree nursery. As such the land has been cleared of native vegetation and is used to grow nurse~w stock. 'I'he property is zoned "A-ST" Rural Agricultural. Surrounding: North - To the north the land is an undeveloped and divided in acreage size parcel. The land is zoned "A" Rural Agricultural. South - To the south the property, is separated by Immokalee Road and the Cocohatchee Canal. The south side of Immokalee Road is developed, containing the Gulf Coast High School and other PUD zoning districts (i.e. IBIS cove and Laural Woods) currently undeveloped. West- To the west lies the current Olde Cypress PUD which is now being developed as a golf course (residential community) HISTORICAL AND ARCAELOGICAL REVIEW: The petitioner's property is located within 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 applicant has provided a Cultural Resource Assessment Survey that was prepared bv Archaeological Consultants Inc. in 1997. The survey results indicate that no archaeological or historical sites were found within the subject site. As a result, the PUD Document shall contain the following information. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of critical concerns. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause Development Commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and County Board of Commissioners. This petition was not reviewed by the EAC because it was considered developed property not requiring an Environmental Impact analysis .~NALYSIS: 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 ::~.:, - ~-' ~.:.,' ;:.. c,,' ;'.-.c l~c;:.i~¢:~.::", ic:,:; c.:~shJp to, :i~e con', mni~v's fuiur, whether or not a rezomng 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 fact of analyzing the relationship of the rezoning action to the long range plan for 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 1 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 27.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and form the basis of a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or cons or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advice as follows: Land Use and Densitw- An action to rezone this property to a residential PUD classification is clearly consistent with the FLUE to the GMP. The density resulting from annexing this property to the Olde Cypress PUD without a commensurate increase in density results in an assessment that the action to rezone remains consistent with the Density Rating System. Actually this rezoning action results in a reduction of density from 2.2 to 2.1 dwelling units per acre. Additionally, it should be noted that this property if developed on its own would qualify for 172 dwelling units, therefore, it is possible to claim that this rezoning as proposed will result in up to 172 fewer dwelling units being built in this general area. That result further carries over on to related infrastructure and impacts on highway levels ~,o seN-ice Regarding an assessment of compatibility it should be noted that the property abuts a residential one- family development, albeit the land is zoned agriculture. The property currently lies adjacent to a residential tracl in the current Olde Cypress PUD for which a Site Development Plan was recently approved for a multi-family type of development. Opposite the property are the Gulf Coast High School and several residential projects, which will soon initiate development. Given these similar land usc-->,,:' r,,Jn,5.r,,¢ ~e',d~tsor's .~e can easxi3 smi. e rna* the rezorang action is compatible with sun ounciing land uses. Given the amount of urban development taking place in this general area, the immediate availability of K thru 12 schools, and sewer and water utilities, the timing of this zoning action is clearly ripe. Traffic- '[he rezoning of the subject land will have no additional impact on levels of service unless one assumes that Olde Cypress under its current development strategy would not have achieved the level of development it was approved for (i.e. 1,100 dwelling units). However, the fact remains that the basis for analyzing this threshold relationship is the degree to which it represents an increase in density 5 ~ density and/or intensity. This petition does neither, therefore; it is consistent with the Traffic Circulation Element. From a traffic engineering point of view, no additional access is created with Immokalee Road, inasmuch as this portion of Olde Cypress will be served by the existing box culvert crossing that currently serves the Bay West Nursery. Moreover, this access road aligns with the entry to the high school which now has a traffic signal. Traffic stipulations provide for turning lanes, arterial level street lighting a intersections with project access point, and fair share contribution towards traffic signal improvements. Infrastructure- This subject property enjoys a relationship to public infrastructure that is supportive of urban development. County sewer and water utilities are available to the property. This fact means that these public utility investments will be maximized by the development of land they are extended to serve, and conversely development of this land reduces the tendency to develop land that is not similarly invested with urban infrastructure. Immokalee Road will shortly be widened to four (4) lanes, and this too supports the timeliness of urban development. The property also enjoys a supportive relationship to area wide drainage facilities by virtue of its contiguous relationship to the Cocohmchee Canal only recently improved as to capacity. Proposed Revisions To Current Olde Cypress Development Order- Essentially revisions to the current development order are not of a substantial nature. By and large with few exceptions the amendments readopt the current Olde Cypress PUD inclusive of the annexed property. Basically, the same development standards will apply to the expanded area with two exceptions. This opportunity to amend the Olde Cypress PUD is being used to revise the minimum floor area for quest suites developed in connection with the Golf Clubhouse from 750 square feet to 600 square feet. It should be noted that a standard multiple family zoning district permits the same minimum floor area, so this change would not establish precedent. A reduction to the setback from the Logan Boulevard ~xtens~,n/Olde Cypress Way from 50 feet to 25 feet north of the Clubhouse portion of Olde Cypress Way again is not precedent setting given the fact that most residential zoning districts allow a 25 foot setback. In the case of Olde Cypress Way however, no residential lots front on the road but rather the residential lots will have their rear yard along the road. The remaining frontage is golf course related. As to development standards that currently apply to the Olde Cypress PUD these are not being revised by this amendment. They were deemed appropriate then and remain so. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-18 as described by they draf~ Ordinance for Adoption and exhibits there so, namely the PUD regulation and Master Plan. 6 _/:7/; RON~D ~. N"i~O, Aide CURRENT PLANNING MANAGER REVIEV~:ED BY: R~MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR Petition Number PUD-99-18 Staff Report for the November 18, 1999 CCPC meeting. COLLIER COL~TY PL>uN%'ING COMMISSION: RUSSELL A BLT)D, C~~' DATE DATE DATE STAFF REPORT/RN/ts 7 REZONE FINDINGS FOR PETITION PUD-99-18 Section 2,7.3.2.5 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; 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 finding 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 existing site being added to the Olde Cypress PUD is an current operating plant and tree nursery.. As such the land has been cleared of native vegetation and is ased to grow nursery stock. The property is zoned "A-ST" Rural Agricultural. Surrounding: North - To the north the land is an undeveloped and divided in acreage size parcel. The land is zoned "A" Rural Agricultural. South - To the south the property is separated by Immokalee Road and the Cocohatchee Canal. The south side of Immokalee Road is developed, containing the Gulf Coast High School and other PUD zoning districts (i.e. IBIS cove and Laural Woods) currently undeveloped. I West- To the west lies the current Olde Cypress PUD which is now being developed as a golf course (residential community). The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findinffs: 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 GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, nearby urban development (i.e. Imperial Golf Estates, Pelican Strand, Carlton Lakes), 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. ~Vhether changed or changing conditions make the passage of the proposed amendment necessary; Pro/Con: Evaluation not applicable. Summar~ 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. Vv'hether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The County's land use policy as reflected by the FLUE supports an action to allow urban residential development. Con: (i) Urban Mixed-Use development may not coincide with resident's desire to maintain a natural atmosphere. 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 properly is consistent with provision 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) Urban intensification is coast effective. (iii) 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. Conz (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 Findines: 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 cond;tion of approval (i.e turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management systems. Whether the proposed change will create a drainage problem; Pro: (i) Road improvements precipitated by this development and water m ,,' .,itc' d.~clopment are llt,.;ia~,k;ii;c~,t ]:liploxoitlOltlS 1o a. CCO, mo,,atc designed to accommodate the normal drainage requirements. Con: (i) Urban intensification potentially can heighten the occasion for area- wide flooding under more severe rainfall event. 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 I consist of an interconnected lake system. Runoff from the developed areas will be conveyed to the lakes by sheetflow, 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: (i) Urban intensification typical 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 ,^4xici~ ma) be internal ur 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. x,X,'hether 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. Summar~ Findine: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. 12. 13 14. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development 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. 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 ~,ro?~sed 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summar~ Findings: The subject property is zoned Rural Agriculture "A" and "PUD" Planned Unit Development. To den) this petition xvould deprive the owner of any reasonable use of the property consistent with the goals, objectives and policies of the GMP. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findines: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use; 16. 17. NOTE. Pro/Con: Evaluation not applicable. Summary Findings: This site is zoned "A" Rural Agriculture and "PUD" Planned Unit Development. Whether or not there are other similarly zoned residential areas in irrelevant. 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 Findim, s: The site will be altered to the extent necessary to execute the development strategy. 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 thcough ~l~c 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. GMP as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of the GMP. G admin 'Rezone Findings PUD-99-18r'R~'~J,/~ /7// -6- FINDINGS FOR PUD PUD-99-18 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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 patterns 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. (iii) The subject property is served by a network of arterial road, all of which are well within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability 'of the land for the uses proposed. 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 systems. SummarvFindine: Jurisdictional reviews by County staff support the manner and pat~e~'~ c'c developmeT~t prop~ ;ed for the s~bject property Development conditions contained in the PUD document give assurance that all infrastructures will be developed 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: (i) Evaluation not applicable. Summary Finding,: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None Summary 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. lhe 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. Summa~' Finding' The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation (i.e. preserves, lakes, golf course, etc.). External relationships are automaticallv regulated by the Land Development Code to assure harmonious I ciar~. ~]lips t>etwcen projects The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findine: The amount of open space set aside by this project is consistent with 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. Findine: Timing or sequence of development in light of concurrency requirements is not a significant problem. (Additional response for projects that may require phasing or special mitigation because of degraded LOS conditions.) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting i~d?astroctme such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by 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 justificd as meeting public purpose~ to a degree at least equivalent to literal application of such regulations. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this depart from development standards that would be required for the most similar conventional zoning district. The de,,elopment standards ip this PI?D are similar to those standards used for p.a~ t~c,~.,ar h~si~:~ struct~,rcs and associated a~ a requirements G/admm'PUD-99-] 8,'I~N 'ts i Preserving and enhancing Florida's quafity of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS November 4. 1999 Mr. Ronald Nino Collier County Pla~ming Services Current Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: Bay West Nursery Property Zoning Application HMA File No. 1998152 Dear Mr. Nino: Attached iq a rezoning application to rezone 28.6c~ acres from Agricultural zoning to P.UD. so as to incorporate it into the PUD for Olde Cypress. This zoning petition is a companion item to the changes proposed to the DR/ Development Order. A check in the amount of $5,550.00 is provided to process the rezoning petition and a separate check is provided to process the Notice of Change and changes to the DRI Development Order. Tine 28.60 acres to be added to the DRI Development Order and Olde Cypress PUD lies immediateh' to the east of Olde Cypress and is currently occupied by a Nurser3,' known as the Bay West NurseD,. (See attached location map.) The lands to be added are located in Section 22. Township 48S. Range 26E. while Olde Cypress is presently located in Section 21. Total p~jcct a,.reage x~il! nox~' be increased fi'om the 500.1 acres located in Olde Cypress to 528.79 acres with thc lands to be added. Existing Conditions The lands to be added to the Development Order and PUD have been generally cleared far nursery use and no native vegetation for practical purposes rem~qins on the site. A x~'aiver to the requirement to prepare an EIS has been requested as part of thi~ petition. (See attached vegetation assessment and blueprint aerial with habitat mapped.) Access to the subject property will be provided from the easterly most entrance into Olde Cypress. which is a signalized intersection with Immokalee Road and shared with the adjacent property to the west in Olde Cypress. Sewer and water service is available to service the subject property. The lands around the subject property to the west are zoned for the Olde Cypress PUD and are presently under construction for golf course development. Lands immediately to the east are zoned Agricultural and are developing ../7? W:\ 1998\1998152Xrld~RN91104.doc ?"_- ~-'E_',-~ %-~E~~ S ~ ~ ~'?' D--w!CE ~O× 1596 NAPLES FLORIDA 3,4106 9,41-262-4617 FAX 941-262-307,4 Mr. Ronald Nino Bay West Nursery Property Zoning Application November 4, 1999 Page 2 of 5 2) 3) 4) with some single-family uses. Gulf Coast High School is developed on the south side of Immokalee Road in the vicinity of the project, including other vacant residential PUD's (Ibis Cove and Outdoor Resorts of Naples including vacant RSF-3 zoned land.) Zoning Request The request is to rezone 28.69 acres from Agricultural use to PUD in order to incorporate the subject property previously described into Olde Cypress. The permitted uses will be single-family or multi-family uses as permitted on any tract of the Olde Cypress PUD and designatcd R on the PUD Master Plan. Archaeological Resources A ±1.4 lake/muck area has been identified as an archaic mortuary dating back to calendar 4400 B.C. - 4900 B.C. (See attached archeological survey.) This lake/muck area is proposed to be retained as a preserve area on the proposed master plan with a 25 foot setb,~ck area retained around its perimeter providing a total Preserve Area of 2.1 acres. No structures or parking areas will be containcd around this perimeter area. However, the lake/muck area will be part of a water management system for the subject property, which comprises two other lakes. All storm water will be discharged into the other lakes and discharged only into the preserve area after the water is pretreated. This will ensure the maintenance of uniform water levels throughout the system, and ensure appropriate v,-ater levels are maintained in the preserve area. Growth Management Plan Under the Collier County Growth Management Plan, thc subject propert3 in its entirety is located within the Density Band extending from the 951/Immokalee Road Activity Center. Therefore, under the current Growth Management Plan the subject property is permitted a maximum density of 200 units at seven dwelling units per acre. Therefore, since there is no increase in density proposed for Olde Cypress but rather a density reduction from 2.2 to 2.1 dwelling units per acre, and up to 200 dwelling units will be ,c:: ~,'. :..~ fro ;~ '.i:,. F.~,'re f.:~.'. !'se M;~p. fro,~~. thc land~ to be add~'d. & c~se can be made that there will be a reduction in traffic impacts. For example, 200 multi-family un;ts, generating +6.63 ADT per unit, will reduce +1,200 trips per day onto the nearby and adjacent road network. This will offset a small increase in traffic with the increase in single-family units and a reduction in multi-family units included in the 1999 Notice of Change for the Olde Cypress DRI compared to the 1996 Notice of Change (see attached Traffic Study included as part of the 1999 Notice of Change and the attached I.I.S. waiver request). 5) PUD Changes W:\1998\1998152Xrld~RN91104.doc i Mr. Ronald Nino Bax West Nursery Property Zoning Application November 4, 1999 Page 3 of 5 There are no unique or specific development standards incorporated into the PUD for Olde Cypress for the lands to be added, other than archaeological resources are proposed to be preserved and the height will be limited to thirty-five (35) feet as noted in Section VII, item No. 7 of the PUD ordinance. Forty-five (45) feet of building height is permitted throughout other parts of Olde Cypress and, under some circumstances, up to seven (7) habitable floors may be permitted. A thirty-five foot height limitation is designed to promote compatibility with nearby properties to the east of lands to be added. The following changes have also been made to the PUD. a. The legal description has been changed to reflect the new project acreage. Language has been added to Section I, the Statement of Compliance, to reflect the lands to be added in Item #10. Project acreage has been increased from 500.11 to 528.79 acres throughout the document. Project acreage has been revised in Table 1, Section IV, page 2, to reflect revised land use tabulations. Guest suites are proposed to be reduced from 750 s.f. to 600 s.f., in Section V, page 2, which, in effect, is similar to hotel-type rooms for guests as found in some other countD' club Planned Unit Developments in Collier County. The present size of 750 s.f. permitted by the PUD is unnecessarily large for guest suites and will not compromise the integrity of other dwelling unit sizes in the project. The requirement for a fire station to be in place, as set forth in Section 9-13 of the PI rD. has been eliminated since a fire station is presently in place within five (5) miles of the proposed development. Similar language was deleted in the 1996 Notice of Change from the Development Order. An entry monument with signage for inclusion into the P.U.D. as an accessory use is pr,~v~ded for alono the near eastern extremity of Olde Cypress. A new attachment Exhibit D is also ~ncorporated into thc PUD to depict the details of the structure. The proposed structure depicts 50 SF of logo / signage on northern and eastern face of the entry monument. While the total amount of logo / signage the area exceeds the sixty-four SF of sign area permitted by Section 2.5 of the LDC for project entrance signage it is not out of scale or character with the size of the proposed entrance feature. It is also not dissimilar to minor variations that have been granted in other master planned communities for decorative entrance features. W:",1998\ 1998152xrldLRN91104.doc Mr. Ronald Nino Bay West Nursery' Property Zoning Application November 4, 1999 Page 4 of 5 ho The 50-foot setback applying to principal structures in Section VII, Item 8, of the Olde Cypress PUD, as it applies to the north/south roadway along the western edge of the property, is proposed to be reduced to permit a 25-foot setback. As you may recall, this subject was discussed at the last BCC hearing in the spring of 1999 on the last amendments made to the Olde Cypress PUD. My client strongly believes his inability to reduce this setback at the last public hearing is unnecessarily restrictive and potentially disruptive to his planned development. The history pertaining to the 50-foot setback goes back to setback requirements contained in the initial PUD zoning for the Woodlands, which required this setback from the north/south road previously planned along the east side of the subject property. This roadway was originally contemplated to be extended north to Section 16 (as is the present 60-foot right-of-way planned along the western edge of the proper~d), with the potential to extend it north through The Parklands to Bonita Beach Road. However, since that time in 1996, a 60-foot local right-of- way along the western edge of The Woodlands was approved with the intention of just providing access from Immokalee Road to lands north of the Woodlands. This right--of-',~ v i.~es :~o,~ ~ine ap with The right-of-way reservation along the east edge of ~Ihe Parklands. This was done largely for environmental reasons. Moreover, the Olde Cypress golf course has constructed golf holes and play areas adjacent to the 60-foot right-of-way area along the western edge of Olde Cypress. Therefore, expanding the 60-foot right-of-way to 100 feet is no longer practical as ~his would be potentially disruptive to both Longshore Lake and the Olde Cypress golf course. Other factors, complicated by the current 50-foot setback, are that residential lots plaxmed for northwestern pt~rtions of Olde Cypress do not acconm~odat: the 50- foot setback well and will require further adjustments to accommodate the 50-foot setback requirement. It should also be noted that when changes were made in 1996 to change the location of the north/south roadway, the extension of CR 951 north from l~'~r .(' ~!ee Road to Bonita Bc_~ch Road .vas incorporated into the Coll;er County 2020 Long-Range lransportation Plan. [he extension of CR 951, there/bre, to Bonita Beach Road, obviates the need for a collector road to be extended through Olde Cypress to Bonita Beach Road as plans have changed. In summary, for the foregoing reasons, we request the 50-foot setback be reduced to 25 feet along the north/south local roadway. This reduced setback requirement is the ~pical setback requirement for planned residential development from local roadways found in Collier County Land Development regulations, and in properties developed throughout Collier County. W:\ 1998\199g 152~'Id\RN91104.doc /7/'/ Mr. Ronald Nino Bay West Nursery Property Zoning Application November 4, 1999 Page 5 of 5 In summary, the proposed request to add lands to the Olde Cypress PUD with a small decrease in overall project density may be found to be consistent with the Collier County Growth Management Plan and the general land development regulations found in the Olde Cypress PUD and in the Collier County Land Development Code. Therefore, we trust you will find the proposed change in use appropriate for the subject property and that you will find the rezoning petition worthy of your support. Thank you for your consideration in this matter and if I can provide you any additional information, please do not hesitate to contact me. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. ~. A.i.C.P. Planning Director RLD/slj Frank Potestio Paul Hard,,' W:\ 1998\ 1998152~rldkRN91104.doc APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Com-m/ssion Distr/ct: Date Petition Received: Planner Assigned: .~BOVE TO BE COMPLETED BY STAFF General Information: Name of AppScant(s) 01de Applicant's Mailing Address 5620 . City Naples Applicant's Telephone # Name of Agent Robert Duane Agent's Mailing Address 715 10th City xa¢: ~ Agent's Telephone # 262-4617 Cypress (941)596-47J7 Development Ltd., Strand Blvd., Ste. A Florida Limited 1 C Partne~_.~i State FL Zip 34110 Fax g (941)596-9691 Firrrl Hole, Montes & Associates, Inc. Street South Stale FL Zip.. 24102 Fax# 262-3074 COLLIER COUNTY COMIViUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-N~LES, FL 34104 PHON'E (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HE.~G FOR PIID REZONE PAGE 1 OF 16 o Disclosure of Interest In formation: a. If the property is owned fee simple by an INDIVIDUAL, t?naney by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interes~ (Use additional sheets if necessm'y). Name and Addv~s Percentage of Ow~ bo If the property is owned by a CORPORATIOn, list the officers and stockholders and the percentage of stock owned by each. Nmmeand Ad&ets, and Offi~ Percenmg¢ofStock Francis Cle~en 33,333% F. Clesen & Sons, Inc'. 316 Florence Ave. Evanston, IL 60202-3298 Kenneth Clesen _~ ~3~3~ ........... Same as above Richard J. Clesen 33.333% Same as above If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest and Percentage of latere, t APPLICATION FOR PUBLIC HEARING FOR PUl) REM, ONE do If the properly is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. N~me and Adch'~s R. P~,l ~-. 6040 24tk Naples, F10r~i~a 34119 P~.,~ntase of Robert S. Hardy 50% 10621 Airport Rd., Suite 1 General Partner See attached for Limited Partner If there is a CONTRACT FOR PURCHASE, w~th an individual or individuals, a Co~ora~on, Trustee, or a Partnership, hst the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Frank Potestio 4288 Silver Fox Dr. ~aples, FL 34119 See attached Sales Contract Pereenmge'ofOwnem~p 100% f. Date of Contract: ~/a~/e~ If any contingency clause or contra¢l terms involve additional parfes, list all individuals or officers, if a corporatioIz, partnership, or trust. N/A go Date subject property aequired (01eased ( ): 9/98 TermofleaseN/A yrs./mos. If, Petitioner has option to buy, indicate date of option: N/A and date option terminates: , or anticipated closing date APPLICATION FOR PUBLIC HEARIWG FOR PUD REZONE PAGE 30F 16 Limited Partner K. C. Stock 307 Neopolitan Way .Naples, Fi, 34103 I00% /7// ORDINANCE NO. 9% AN ORDINANCE A_MENDING 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 MAPS NUMBERED 8621S, 8621N AND 862122; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL .AGRICULTURAL AND "A- ST" RURAL AGRICULTURE WITH SPECIAL TREATMENT OVERLAY AND "PUD" (OLDE CYPRESS PUD) TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLDE CYPRESS PUD FOR THE PURPOSE OF INCREASING THE PROJECT ACREAGE FROM 500.1_+ TO 528.84_* ACRES AND REDUCING THE GROSS DENSITY FROM 2.2 TO 2.1 RESIDENTIAL DWELLING UNITS PER ACRE FOR A MAXIMUM OF 1,100 RESIDENTIAL DWELLING UNITS AND MAKrNG OTHER REVISIONS TO THE PUD AND PUD MASTER PLAN TO REFLECT ACREAGE CHANGES, DEVELOPMENT STANDARDS AND COMMI~NTS FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 1.3 M/I_ES EAS'I OF 1-75, IN SECTIONS 21 AND .'2, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA: BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-27; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Robert L. Duane, AICP of Hole, Montes & Associates, Inc., representing Olde Cypress Development Corp., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOV'. THEREFORE BE IT ORDAdN'ED BY THE BOARD OF COLLNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 21 and 22. Township 48 South, Range 26 East, Collier County, Florida. is changed from "A" Rural ~.gvc ; - c a_n,~ ' ~.,-> r" i~jr ' .-\gncuh!~e ~ ~'k _-.pcci,,~ ~ ~'~m~,cw. O' .. ~'l~: and "PUD ' t'~arL~cd Unit Development to "PUD" Planned Unit Development in accordance with the Olde Cypress PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps nmbered 8621S, 8621N and 862122, as described in Ordinance Number 91-102, the Collier County Land Developmgnt Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 99-27 known as the Olde C.xpress PUD, adopted on April 27, 1999, by Board of County commissioners of Collier County, is hereby repealed in its entirety. -1- 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 ATTEST: DWIGHT E. BROCK, Clerk BY: PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency ~a~01~ M~ Student' Assistant County Attorney g a~mm, ORDINANC E?PUD-gq-I -2- OLDE CYPRESS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 DATE ISSUED: ( DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: ORDINANCE NITMBER: November 29, 1999 HMA File No. 1998152 ) TABLE OF CONTENTS SECTION I, Statement of Compliance SECTION II, Property Ownership & General Description 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description SECTION III, Project Development 3.01 Purpose 3.02 Genera] Plan of Development 3.33 Wetlands 3.04 General Land Development Regulations SECTION IV, Land Use and Regulation 4 01 Purpose 4 4 4 4 4 4 02 Project Plan & Land Use Tracts 03 Project Density 04 Sequence and Scheduling C~ Recreational Facilities and Schedule 06 Native Vegetanion Retention 07 Common Area Maintenance SECTION V, Golf Course 5.~' Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treetment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description r_~ ?~i ~ht::e~ ~ses ~'~ Structures 7.05 Development S5andards 8.01 Signs as Permitted SECTION VIII, Community Shopping & Business Office Center 8 01 Purpose 8 02 Permitted Uses & Structures 8 03 Minimum Yard Requirements 8 04 Building Separation 8 05 Minimum Floor Area of Principal Structures 8 06 Maximum Height PAGE I-1 II-1 III-I IV-1 V-1 VI-! VII-1 VIII-1 8.07 Minimum Off-Street Parking & Off-Street Loading Requirements 8.08 Minimum Landscaping Requirements 8.09 Signage 8.10 Site Development Plans 8.11 Development Intensity 8.12 Architectural and Site Design Standards 8.13 Standards for Personal Self Storage Centers SECTION IX, General Development Commitments 9 01 Purpose 9 02 PUD Master Development Plan 9 03 Clearing, Grading, Earth Work & Site Drainage 9 04 Utilities 9 05 Solid Waste Disposal 9 06 Recreational Facilities 9 07 Traffic Improvements 9 08 Streets 9 09 Exceptions to County Subdivision Regulations 9 10 Polling Places 9 11 Environmental Stipulations 9 12 Water Management Stipulations 9 13 Fire Station 9 14 Archeological Resources PAGE VIII-3 IX-1 A. PLI~ Master Plan Property Description C. Roadway Sections \~MA_NAPLE$\WP\1998\1998152~ld~PUD2-sect ions ~NOVPUD~IARKUP~PUD2-11-99-2doc SECTION I STATEMENT OF COMPLIANCE This development of approximately ~ 528.84 acres of property in Sectionm 21 and 22, Township 48 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as OLDE CYPRESS will comply with the planning and development objectives of Collier County as set forth in the Collier County Comprehensive Plan. The residential and commercial aspects of the development, together with associated recreational facilities, will be consistent with the growth policies and land development regulations of the Comprehensive Plan~__F_Lht~Lhr~ Land Use Element and other applicable documents for the following reasons: 1. Project development will be compatible complimentary to the surrounding land uses. with and 2. The Project shall comply with the applicable zoning and other regulations. 3. The Project shall utilize natural systems for water management, such as existing drainage areas and environmental~ sensitive areas in accordance with their natural functions and capabilities. 4. The development areas are being well separated from the environmentally sensitive areas and the value and functions of the environmentally sensitive areas will not be unduly D_r__adversely affected by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of ~.2 2.1 residential dwelling units per acre for OLDE CYPRESS, therefore, is consistent with the Collier County Growth Management Plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. SECTION I PAGE 1 8. The project contains land uses and densities which make it compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. 9. The inclusion of personal storage facilities in the commercial component of the project may be found consistent with Policy 5.1 of the Future Land Element of the Collier County Growth Management Plan because this use will result in a reduction in development intensity. 10. The inclusion of 28.68 acres into the OLDE CYPRESS PUD along the eastern edge of the project as part of the 1999 Notice of Change to the DRI with no increases in the number of r~aside/1K.i~li~g__nnits may be _fxlLLEud__c~Q~lsistent with the Collier County Growth Management Plan because -i-t- results in Q ~walling unit~ par acre. the proposed density of 2.1 dwelling units per acre is consistent with the Density Rating System of the Future Land Use Element which permits up to four (4] dwelling units per acre in the. Mixed Use Urban Residential Area iR which the subject property is located. 11. A 2.1 acre preserve area is incorporated onto the PUD Master Plan~ along the eastern edge of the project~ to preserve archaeological artifacts pursuant to the requirements of Section 2.2.25.8.1 of the LDC. SECTION I PAGE 2 SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner to establish and develop a Planned Unit Development on approximately ~ 528.84 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of 1-75. It is the purpose of this document to provide the required detail and data concerning the development of the property. 2.02 NAME The development shall be known as OLDE CYPRESS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B" 2.04 TITLE TO PROPERTY The property is owned by the Olde Cypress Development LTD, a Florida Limited Partnership. 2.05 GENERAL DESCRIPTION OLDE CYPRESS is a Development of Regional Impact, consisting of 500.11 528.84 acres, located on the north side of Immokalee Road (CR 846).. immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. The project consists of a mix of residential uses, limited commercial uses, an eighteen (18) hole golf co~rse, and substantial areas of open space and preservation areas. SECTION II PAGE 1 ·/7// SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 3.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS The applicant recognizes the importance of the wetland areas. The applicant also recognizes the importance of setting aside and not developing those areas and other areas, which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limited use of environmentally sensitive areas. This plan offers ample open space and other amenity areas to the residents. 3.04 General Land Development Regulations The following are general provisions applicable to the PUD Master Plan: Ao Regulations for development of the OLDE CYPRESS PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which auuhozizes the construction of improvements. The Developer, his successor or assignee, agree to 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. SECTION III PAGE 1 Co Do E o Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Ail conditions imposed and all graphic material presented depicting restrictions for the development of the OLDE CYPRESS PUD shall become part of the regulations which govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3o15~ Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 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. SECTION III PAGE 2 SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS The project plan, including street lay-out and land use, is iljustrated in Exhibit "E" "A"~ ,'PUD Master Plan". Included is a sckedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. 4.03 PROJECT DENSITY The total acreage of OLDE CYPRESS is approximately 500 528.84 acres. The maximum number of dwelling units to be built on the total acreage is 1100. The number of dwelling units per gross acre is approximately 2.20 2.1. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build-out will take approx]~ate!y seventeen tc twenty years. The estimate may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (117.41 acres); 2. Swimming pool; SECTION IV PAGE 1 3. Bicycle paths and sidewalks; 4. Nature trails; 5. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits; and 6. Parks (3.9 acres minimum). 4.06 NATIVE VEGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 176.2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "E" "A" of the general plan of development for OLDE CYPRESS. 4.07 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property Owners' Association. TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 ACREAGE RESIDENTIAL ~.~ ~ /52.5 COMMERCIAL (165,000 sq. ft.)* 12.5 GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE 157.$ 161.7 LAKE/PRESERVE AREA 2.1 WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176.2 *See also Section 8.13 of this Ordinance. Units Acres Acres Acres Acres Acres SECTION IV PAGE 2 SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E" IA_. "Development Plan", as Go].f Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities 4. Guest Suites Permitted Accessory Uses and Structures 1. Pro-shop, practice driving range, and other customary accessory uses of golf courses or other recreational facilities. 2. Small commercial, establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other permitted recreational facilities. 3. Shuffleboard courts, swimming pools, types of facilities intended for recreation. and other 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. SECTION V PAGE 1 C. General Requirements 1. 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. 2. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and twenty-five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference. a. Maximum Height Fifty (50) feet above the finished grade of the lot. b. Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. c. Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code. d. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. Guest Suites The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eleven hundred (1100) units. SECTION V PAGE 2 bo The minimum unit size shall be mavan hundrcd fifty (750) six hundred (600) square feet. C o The Guest Suites may be attached to or detached from the Club House and are available for only residents or their guests. The maximum height shall be thirty-five (35) feet if detached from the Club House, and fifty (50) feet if contained within the Cluo House. SECTION V PAGE 3 SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit "~"~ "A"_ 6.02 FUNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a groundwater recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents. 6.03 TREATMENT USE The treatment of these areas shall be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Development Services Director for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, and others in accordance with environmental permits and Division 3.9 of the Land Development Code will be required. A maintained water management system that meets the zequirement of agency permits will be established for the area. The waker management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and/or updated for further details.] SECTION VI PAGE 1 The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County Engineer, Development Services Director, other appropriate County departments, and other governmental permitting agencies. 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, alteled or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures 1. Limited access roads. 2. Nature trails and pedestrian and golf cart boardwalks. 3. Paths and bridges to provide uplands through the area. 4. Water management facilities. access from the 5. Other facilities for recreation, conservation and preservation when approved by the Development Services Director. 6.05 REGULATIONS A. General 1. Ail development including clearing, grading and/or other earth work shall be in accordance with the commitments in Secti~n iX of this document and appz'oved by the Development Services Department. 2. Ail structures or other development shall be subject to receipt of necessary permits and authorizations from applicable County, State and Federal Governmental agencies. SECTION VI PAGE 2 SECTION VII RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within OLDE CYPRESS designated on Exhibit "=" "A" the PUD Master Plan, as "R,' 7.02 MAXIMUM DWELLING UNITS A maximum number of 1,100 residential dwelling units may be constructed on lands designated "R". 7.03 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with 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, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 7.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses & Structures: 1. Single family detached dwellings. 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit types with marketing descriptions of single family attached, duplex, patio, cjuster attached, cjuster detached, villa attached or detached, townhouses and zero lot lines are permitted. Water management facilities. SECTION VII PAGE 1 4. Parks, open spaces and other recreational outdoor facilities. 5. Multi-Family Dwellings including Garden Apartments. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this District. 2. Model homes and model dwelling units in conjunction with promotion of the development for a period not tc exceed three years from the initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. 4. Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5. Signs as permitted by the Collier County Land Development Code in effect at the time a building permit is requested. 6. ~ny other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. 7.05 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein 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. C. Development standards for uses not specifically set forth in Table II 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 those standards of the zoning District which is most similar to the proposed use. D. In the case of residential structures with a common architectural theme, required property development regulations may SECTION VII PAGE 2 be reduced, provided a site plan is approved in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. E. No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. F. Single Family zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II. Zero lot line dwellings shall be defined as any type of detached or attached single family structure 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 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. G. Principal use structures which are identified herein shall have a minimum of two parking spaces per dwelling unit. The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. H. Landscaping shall be provided as required by Section 2.4 of the Collier County Land Development Code in effect at the time a building permit is requested. I. A landscaped buffer shall be provided along any tract boundary adjacent to the OLDE CYPRESS project boundary including those adjacent to the roadway along the east and west project boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a preservation area exists or where the golf course exists. The design of the buffer shall meet the standards of Section 2.4.7 of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. J. Differing housing types on the same tract must be compatible, unless the following standards are adhered to: 1. The differing housing types are physically separated into discrete areas, such as separation by common amenities or water management areas; or o Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. SECTION VII PAGE 3 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS SINGLE PERMITTED USES AND STANDARDS Minimum Lot Areas SINGLE FAMILY DETACHED~ 6,000 S.F. ZERO LOT LINE 60 Front Yard Setback 25(s) a0 -- -- Side Yard® 5 Setback 206~-- 5,000 S.F. Minimum Lot 45 Width(2) ~0(5) d4 (4) 0 or 10 Rear Yard Setback Principal l0s TWO F~LY & DUPLEX 3,500 s.F.(i) AND TOWNHOUSE 3,000 S.F. per du. 35 3O 20o) ~ -20~ 0 or .5 BH' 0or5 20a4 20o~ D~ELLINO 1 AC 150 25a4 0 or .5 BH 25a4 Rear Yard 10 5 10 10 10 Accessory® Maximum Building 35 35 35 35 45(7) Height Distance Between N.A. N.A. N.A. 10 .5 BH Structures Floor Area Min. ~ 1200 1200 1200 1000 750 (SF) Building Height Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear s~:reets provided the minimum lot area is still maintained. o Accessory uses such as pool enclosures may be attached to principal uses. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. /7/~ SECTION VII PAGE 4 o o Singly family dwellings which provide for two (2) parking spaces within an enclosed side-entry garage and provide for guest parking other than private driveways may reduce front yard requirements to ten (10) feet for the garage and twenty (20) feet for the remaining structures. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the eaves and the ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade, with the exception of the entry monument depicted ~n E×h~b~t D, which may be developed in accordance with the elevations provided. o o Four habitable floors above parking. A maximum of seven habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking, and the 28.68 acres located along the eastern edge of the project in Section 22 and the subject of the 1999 Notice of Change %o the DRI is permitted a maximum height of three (31 stories or thirty-five (35~ feet. The project entrance signage, which includes architectural enhancements~ shall be permitted the near eastern extremity of OLDE CYPRESS as depicted on ~--~_h/_t__P__on_~?~i~--%L~ier common owner~aj.p_ by SECTION VII PAGE 5 /7// SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "E" "A" Development Plan as Community Shopping and Business Office Center ("C"). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other uhan the following: A. Permitted Uses Ail commercial uses permitted by right in the C-3, Commercial Intermediate District of the Section 2.2.14 of the Land Development Code in ef .... ac ~ ~ date ~ ~T~ ~ ........ ~ in effect as of the date this PUD District is approved by the Board of County Commissioners~ including a personal self storage center group (4~-2=q~ 4255). Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director finds compatible within the District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures associated with the uses permitted in this District. customarily 2. Temporary sales/information permitted at the Director's discretion. facilities may be 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. 8.04 BUILDING SEPARATION Ail buildings shall be separated 20 feet or one-half the sum of their heights, whichever is greater, except that in the case of cjustered buildings with a common architectural theme. These distances may be less, provided that a site development plan is approved by the Development Services Director. SECTION VIII PAGE 1 8.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when site development plan approval has been received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAPING REQUIREMENTS As required by Section 2.4 of the Land Development Code of Collier County. 8.09 SIGNAGE Signs as permitted by Section 2.5 of the Collier County Land Development Code in effect at the time a permit is requested. 8.10 SITE DEVELOPMENT PLANS As required by Division 3.3 of the Land Development Code of Collier County. 8.11 DEVELOPMENT INTENSITY The commercial component of the project is limited to a maximum of 12.5 acres or one hundred and sixty-five thousand (165,000) S.F. of floor area. (See also Section 8.13 of this Ordinance.) 8.12 ARCHITECTURAL AND SITE DESIGN STANDARDS Ail development within the ~ommercial area of OLDE CYPRESS as depicted on the PUD Master Plan shall be unified for each tract including building designs, landscaping, and signage and shall meet the requirements of Division 2.8 of the Land Development Code. SECTION VIII PAGE 2 8.13 STANDARDS FOR PERSONAL SELF STORAGE CENTERS For each acre or fraction thereof that is developed with personal storage facilities in lieu of retail uses, a proportional amount of retail area shall be forfeited. For example, if six (6) acres of personal storage facilities are developed in lieu of retail uses, seventy-nine thousand two- hundred (79,200) S.F. of retail uses will be deducted from the maximum square footage permitted for the commercial retail area. o Personal self storage facilities may operate from 7:00a.m. and 8:00p.m. C o Individual businesses within the personal center are prohibited. self storage D o Open space within the self storage center shall be thirty (30) percent minimum. o The location of the personal storage facility shall be limited to the west side of the entrance into the commercial tract and shall be located to the rear of commercial uses fronting along Immokalee Road, and south of the Preserve Area located on the OLDE CYPRESS PUD Master Plan. This location will serve to minimize any impacts on adjacent properties. SECTION VIII PAGE 3 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan iljustrate a preliminary development plan. B. The design, criteria and lay-out iljustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. Ail necessary easements, dedications or other instruments shall be executed or granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Amendments to this Ordinance and PUD MasUer Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time such amendments may be requested. F. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. G. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan, which may be protected by a guard house or other limited access structure, with the exception of temporary cons%ructlon roads necessary to construct and build certain facilities on the project. H. The Developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. Ail lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in SECTION IX PAGE 1 /?// Land Development Code Section 3.5.7.3.1. I. The OLDE CYPRESS PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, thereof Monitoring Requirements. 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE Ail clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to harm any such areas or plants. 9.04 UTILITIES A. Water and Sewer 1. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. Ail water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer ~acilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the C~unty, when required by the Utilities Dzvision, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prier ko ~omm~n~emen~ of construction. 3. Ail customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. SECTION IX PAGE 2 4. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. 5. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, to state that: a) Connection to the County's off-site water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. b) The following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) Ail water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or 2) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary. c) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. d) The Developer, his assigns or successors, a~ree to p~y all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. SECTION IX PAGE 3 B. The project's Owner(s), his assigns or successors, shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would bc sJ~ responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized OLDE CYPRESS has first rights to effluent generated by the project. C. Construction and ownership of the water and sewer facilities shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time constr~]ction approval is requested. D. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners' association. In addition, any future recreational facilities, as may be needed by the future residents of this prcject, shall be funded through a system of revenues collected by the home owners' association. Every residential unit owner of the development shall become a member of the home owners' association. 9.07 TRAFFIC IMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor co±zecEor. b. The PUD document, Section 9.02-G, states that the roads may be private. The road through the commercial area may possibly be designated public, providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. SECTION IX PAGE 4 c. The project shall be provided with three points to Immokalee Road. (3) access d. Ail access roads/drives shall be limited to the access points shown on the ~aster Rlan. The proposed commercial areas shall not have direct access to Immokalee Road. All drives shall be connected to the access roads built by this project. e. Ail traffic control devices used, excluding street name signs, shall conform with the Manual for Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). f. If the four-laning of Immokalee Road has not been started, the Developer shall provide an eastbound left turn storage lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. g. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The Developer shall provide arterial level street lighting at each project entrance at the time of construction. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north-south local road on the western side of the project shall be platted as a public right.©f-way and shall be constrained to a two-lane (sixty foot (60') right of way) configuration over the north half of the project. 9.08 STREETS The streets within the project may be privately owned and maintained with exception of the North-South road on the Western edge of the proj~ct~ which shall be a public road. The acccss ~ streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment based upon approval of the County Engineer and the Development Services Department. Typical cr ~Qjis-sections are attached as Exhibit "C" "C". 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. SECTION IX PAGE 5 Street pavement painting, striping, and reflective requirements shall be waived, except at entrances. edging B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street riahts-of-wav and cross-section for specified private roads shall be as shown on Exhibit "C"; provided that a sidewalk or bikepath be provided on both sides of four-lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3.2.8.4.16: The 1,000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for 100 foot tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. F. Land Development Code, Sections 3.2.8.3.24 and 3.2.8.4.20: The requirement for blank utility casings shall be waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that Permanent Reference Monuments be installed in typical water valve cover is waived. H. Right-of-Way requirements shall be determined in accordance with the general requirements of Division 3.2~ Subdivisions; however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES Polling places shall be provided in accordance with the Collier County Land Development Code, and as may be amended in the future. 9.11 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County's Groundwater SECTION IX PAGE 6 Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida Water Management District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements, as well as on the plat, with protective covenants per or similar to Section 704.06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11-01232S, and U.S. Army Corps of Engineers Permit No. 1989909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Staff. E. Buffer zones adjacent to the preserve areas shall be pursuant to South Florida Water Management District Permit No. 11- 01232S. F. 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. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in the OLDE CYPRESS Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. 9.12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the SECTION IX PAGE 7 Environmental Advisory Board Council and County Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Land Development Code. D. Storage of hazardous materials in above-ground and underground tanks shall conform to the minimum requirements provided by state law. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above-_gr~ storage and undergr©und tanks shall be approved by the Wauer Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the Developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties. When required by the County, the Developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. n ~ ~3 AgCHEOLOGICAL RESOURCES The Developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archeological resources in thc cvant such rcsourccs ~^ ~ ..... ~ ~ +~ .... ~+ ~ in addition to the .................... ~ .... propers?'. following requirements: a. the +2.1 acre lake/mortuary preserve and along the SECTION IX PAGE 8 eastern edge of the development will be protected by a 25-foot protective buffer. b. the buffer area will be maintained in a natural state; should tree removal! tree or shrub planting or other disturbance occur as part of maintenance or landscape of the buffer: a professional archaeologist be present to monitor these activities. c. a professional archaeologist will monitor installation of any pipes~ drains~ or other e~ipment necessary, to construct and/or maintain the three lake system. d. no excavation will be permitted within the ±2.1 acre lake/mortuary. e. preservation of the lake/mortuary and buffer will be in f. inadvertent discoveries of human remains or mortuary artifacts made during routine maintenance or site development activities will be hand]ed as required in Section 2.2.25.8.1 of the Collier County Land Development Code. SECTION IX PAGE 9 z Preserving and enhancing Florida's quality of life since 7966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #1997076 REF. DWGS. #A-1026 & #A-1091 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, E1/2-SW1/4-NW1/4, W1/2-SE1/4-NW1/4, W1/2-SE1/4-SE1/4, W1/2-W1/2-SW1/4-SE1/4, SE1/4-SW1/4, E1/2-W1/2-SW114-SW1/4, E1/2-SW1/4-SW1/4. , AND THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOP, PU::JLIC ROAD RIGHT-OF-WAY.OVER Ah~D ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF 'PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERLY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES&ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #i 772 BY~ "'~,~--~' P.L.S. # 3741 THOMAS J. GARRIS STATE OF FLORIDA 10550 ABERNATHY STREET BONITA SPRINGS. FLORIDA 34135 941-992-0795 FAX 941-992-2327 i,i 0 o 0 *R.O.W. MAY BE DECREASED ~'~'1 APPROPRIATE JUSTIFICA'nON AND ADEQUATE PROWSIONS FOR UTIUTIES. 50'= R.O.W. SECTION N.T.S. Ne'm: 1. CUL-DE-SAC PAtd~MENT RADIUS S~N.L BE: 40' (MIN). 2. CUL-DE-SAC R/W RADIUS S~,U..L a[ 50' (WIN). WIN. WALK 60' R.O.W. SECTION N.T.S. 100' R.O.W. ,,j · =" '1' 'I t2 ...1 02 FT/FT I I I/ / I~ ~ ~ \1 ~- s~£ e' ~,.. w~-.' '---'-~/ \ \ ~-cu,s --- '-~ / \ ~ ~2' VALLEY ~[JJi~J~J OR CU~J~ 1 1/2' AS~HALllC -/ \ ~-- 8' UWEROCK BASE (PRIMED) 100' R.O.W. SECTION N.T.$. & ~C EXHIBIT THE WOO LANDS ,.,,,,,, .: ~. ~ ,,,,. ROADWAY SECTIONS o,~ '"~E,,,=,~82e~"~- ,~ J :8/g6 HOLE MONTES & ASSOCIATES 715 10th Street S., Naples. FL. 3595g - Phone : (941) 262-4517 EAST SIDE ELEVATION HOLE, MONTES & A~SOOIATES, kc. ENGINEER,R- P~- SURVEYOR8 715 lOt~ $'rr~et S., Napie=, FL 34,102 - Phone : (g41) 262--4.617 EXHIBIT D OLDE CYPRESS ENTRY MONUMENT R. LD. DRAWl BY: DRP D,TE :10f/gg PRO~CT fiLE 9680MONIr mX I ZO~ o 0 z EXECUTWE SUMMARY PETITION PUD-99-23 ALAN D. REYNOLDS, AICP, OF WlLSONMII.LER,INC. AND GEORGE L. VARNADOE, ESQ OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING BARRON COLLIER COMPANY, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO ~'PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WINDING CYPRESS FOR A MAXIMUM OF 2,892 RESIDENTIAL DWELLING UNITS, GOLF COURSE, AND A MAXIMUM OF 30,000 SQUARE FEET OF RETAIL, OFFICE AND RECREATIONAL USES,FOR PROPERTY LOCATED ONTHE EAST SIDE 'OF C.R. 951,"NORTH OF U.S. 41 EAST AND SOUTH OF .SABAL PALM ROAD, IN SECTIONS~26, 34Al~D_35, TOWNS~ 50 SOUTH,RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 +/- ACRES. OBIECTIVE: di, ict 7 7*-::: Xii xiexs ,3 :-w mmg ypress is propog~ ag a m/xed ur, e ~fial ~~' ofho~ing, ~ti~l, ~d nd~~ co~ci~ ~ilifies. ~prov~ of~ developmmt order will ~o~e ~e following development activities: 1. 2,892 S~gle ~ly ~d multi-f~ly residential dwel~g ~im 2. 30,000 ~oss sq~e feet ofret~l, offices ~d clubhouse 3. 45 holes of golf Mth Clubhouse facilities 4. Vmo~ ~ela~ roes of l~d for water m~~k ro~ right-of-way, co~afioWpr~m, o~ ~e ~ p~ ~d recreation ~ilitics. CONSIDERATIONS: It should also be appreciated that the Winding Cypress PUD regulatory document is also complimented with a DRI Development Order which is as much a part of the regulations governing the development of the Winding Cypress community as the PUD document. The applicant proposes to develop the property for a maximum of 2,892 single family and multi- family dwelling units on 1,928 acres for a residential density of 1.5 dwelling units per acre and 30,000 square feet of commercial, office and clubhouse buildings on 15 acres. The commercial land uses permitted by the PUD are those consistent with the intent of the Neighborhood Village Center provisions of the Furore Land Use Element, and are typical of convenience type of commemial uses which will serve the residents of the development. The project will include a approximately 1,391 acres of preserve, golf course, landscape buffer and open space land area and approximately 15 acres for Neighborhood Village Center commercial land uses. Access to thc Winding Cypress PUD will be provided from both CR-951 and U.S. 41. Thc subject property is located in thc Urban Residential Fringe future land usc classi~ as designated area on thc County's Future Land Usc Map. DEC 1999 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 The following impact fees will be applicable to the residential portion of the project: -* Park Impact Fee: * Fire ]mpaclIx:e: -· ~.ta_oo_.l Jmpact~e'ee: Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $!g0.529er an/t ~$'0.15~er ~quare/eot of~ouilding "-~z / -per unit $89O per unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit The following impact fees will be applicable to the commercial portion of the project: 30,0000 sq ii of Commercial · Road Impact Fee: $1,300,000.00 · Fire: $78,000.00 · Radon Gas: $1300.00 · Building Code: $1300.00 · EMS: $65,000.00 For an average unit size of 1,000 square feet, the total fiscal impact for residential development will be $2,639.02 per unit. Since this project proposes 1,928 units, the total amount of residential impact fees collected at build-out will total $5,088,030.00. It should be noted that because impact fees vary by housing type and. because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. DEC 1999 Ot~er fees will include building pcmdt review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem, tax rotes. The revenue that will be gen~aled depend.~ on the vahm of the improvements. Al this point in time a model has no! been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. GROWTH MANAGEMENT IMPACT: The ap~val cf-m,~i$ re"~v2ng request vA!! act a,ef~t or c orange the requirements of the Growth Management Plan. The rezoning request is consistent with the applicable elements of the Growth Management Plan and will not have a negative impact on adopted level of service standards. A detailed analysis of the consistency relationships with the Coun.Vy's Growth Management Plan is ~ ~W~: The subject prop~fy is ~nfimly sixnamtl in ~he-LltbanResiden~l ]hSngeanm ~ ~he Urban --!t.em~nt iai' t~l~tv_re'3_~aa 33_se £~a ~egory ~ O~gn~ .at~. _area _one_ t~e :~_xmnty's ~umre -t,anU~ se-~vlap. Urban R~idential Mixed Use is inelus-ive ora variety of~'esidenfiat land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifamily land uses, golfing and recreational facilities, preserve areas and neighborhood commemial type of land uses which are authorized uses of land in the Urban Residential designated area and the Urban Residential Fringe area as described in the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Future Land Use Element - consistency with FLUE requirements is further described as follows: Residential Density - The total residential development proposed by the Winding Cypress project is for 2,892 dwelling units. The residential density is therefore 1.5 dwelling units per acre a~er deducting Ihe proposed village commercial acreage. The purpose of the Urban Residential Fringe Subdistfict is to provide transitional densities between the Urban designated area and the Agricultural/Rural area. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to specific conditions, and are not subject to the Density Rating System. In any event, it is readily apparent that the requested number of dwelling units is equates to the maximum permitted in the Urban Residential Fringe Subdistrict, and, is therefore, deemed to be consistent with the FLUE. Accessory and ancillary uses, golf comes and related activities, open spaces, community facilities and the village commercial acreage, are land uses allowed within the urban designated area that are specifically authorized uses of land by the FLUE, and are therefore consistent with the FLUE. DEC 1 1999 Neighborhood Village Center Subdistrict - The Master Pl~q purports to set aside fifteen (15) acres of land as areas where Neighborhood type of commercial land uses may be developed. The purpose of this subdistrict is to allow for small scale retail, offices, and service facilities to serve the daily needs of the residents of the development. 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. ThePUD proposes 10,000 square feet for cxnm~ercial land uses and 10,000 square feet for office type of land uses. In the absence of any thresholds for intensity of development within Village Center subdistricts (i.e. building area to land area ratio) and in the presence of direction from the FLUE as to market orientation, i.e. neighborhood type of uses, staff concludes that the Village Center designated district, 'and the range ofa~ses t~mposed~r_e.consistent with the FLUE, once the amendments to the 1997 FLUE become legally effective. Traffic Circulation Element - The Development t~fRegit~nal Impact review that is assoeimed with 1his petitirm :thrrmgh Ihe Application for .Dev_elopment Approv_-al (ADA) r~quires the -cmnpruiien~sive ~si~ uf~a-zffielmpauts. This study is in lure reviewed ~y regionai ~and mate -~an~~ ~a,t~i~ ~~ anaemi~t~sung ~ xyrme ~mpams ami eond/fions urger which ~oa¢ mpa,ets ~,511 be mitigated. Said mi~gahvc mc",~arcs include provision for improvements to the intersections ofCR-951 and U.S. 41 and Davis Boulevard and CR-951, on-going traffic analysis to determine if and when system improvements are necessary to various traffic links and intersections, and fair share costs of improvements where appropriate. All of these mitigative actions are made part of the Development Order approval action which is reflected in the Development Order resolution to be approved as a companion to the approval of the PUD. The Winding Cypress ecniammity will have an impact on traffic in Collier County. As traffic mitigation, Winding Cypress developers will provide payment of road impact fees. In addition, the Winding Cypress developers will provide all site-related improvements to the internal circulation system of Winding Cypress and at Winding Cypress' access points. In the final analysis, the developers of Winding Cypress will have to comply with the County's Concurrency Management System. This fact in additional to approved mitigation plans and conditions of approval allow us to conclude that the Winding Cypress PUD as approved will be consistent with the Traffic Circulation Element. Conservation and Coastal Management Element - Winding Cypress is a good example of efforts to preserve potentially viable natural systems. By virtue of its DRI relationship the Winding Cypress PUD is subjected to a higher level of scrutiny than the typical rezoning petition. Development Order stipulations and Master Plan land use designations are executed in a manner that assures consistency with all applicable objectives and policies of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. D. C lq 1999 Recreation and Open Space Element - approximately 72 percent of Winding Cypress is set aside in land uses that qualify as open space. The distribution by use type is as follows: ~Land Use ., Approximate Acreage Golf Co--on 355 Preserve 713 Lakes 235 Miscellaneous Open Space/Buffer 88 Total 1,391 · - ~he~ orovjstod J_n ~able~_~ot jnetude open space_contained in right-of- way m~ ~spaee ~o be 9rov~d ~-i~hiv~ dcvelopn-~nt U'acts or parcels. · uz;,,,~;,,,, t-,,,,,.~,~s wi!! be for the me of the residents, club The recreation areas prov/ded members and guests of Winding Cypress and will therefore, lessen the burden on the County's recreation facilities. The Recreation and Open Space Element of Collier County's Growth Management Plan sets the standard of service at 1.2882 acres of community park land per 1,000 population and 2.9412 ~zres ofregimml park land per 1,000 population. Based upon estimates of a buildout population of 5,8t3 persons, this represents 7.5 acres of community park demand and 17.09 acres of regional park demand. Collier County collects impact fees for community and regional parks at a rate which will provide the necessary capital to meet these demands. It is estimated that approximately $1,671,576.00 for both regional and community parks will be realized from the development of Winding Cypress. It is apparent that the above open space commitments coupled with the normal open space reservations that occur with each development project will ensure that more than 60 percent of the land in the Winding Cypress development will count as open space land therefore complying with the 60 percent requirement of the Land Development Code and is consistent with the GMP. Housing Element - Application of the current level of regulation for DRI size projects does not assign any specific financial commitment to Winding Cypress to provide on-site or off-site affordable housing. The Housing Element to the Collier County Growth Management Plan is general in its application and does not specifically charge developers with any financial formula to assist in the provision of Affordable Housing therefore development order commitments to be contained in the DRI Development Order give us assarance that hi~ approval is consistent with the Housing Element. DEC 1 1999 Sanitary Sewers, Potable Water and Drainage Elements - The Master Plan for the Winding Cypress development and its development requirements provide for connection to the County's Wastewater Disposal System and potable water supplies. Additionally, Winding Cypress will be subject to the County's Concurrency Management Systems as it relates to water and sewer availability. The Winding Cypress drainage plan is responsive to County and envimmnental nxluirements. Winding Cypress has been designed to provide water quality enhancement to the Rookery Bay estuarine system, by intercepting and impeding excess flow of freshwater into Henderson Creek through an on-site waterway which routes the freshwater to the preserve and enhancement area -~msite. This design ~rill~~the hyflroperiodoftheonsite wetlands.and will help with timely release to the canal and thus to Rookery Bay Aquatic Preserve or bypass through the U.S. 41 canal ea~ to the County's regional spr~der swale system. .Otker .-ay_ olicableelement {s) - By virtue ofdevelopment commitments and master plan development 6-tr.atE~/. ~taff is of _lhe ~pin/on ~-t~hat ~lae .Ib'_ind_ i.~ ~r~.ss P~ID ~is _.gntirely-consistent tttSTORICtARC~ICAL IMPACT: DRI projects are required as a function of the Application for Development Approval, to submit a Historic and Archaeological survey of the property. An archaeological survey, recommended by the Division of Historical Resources, Florida Department of State, and conducted at the applicant's behest, revealed the presence on the Winding Cypress property of eleven (I 1) previously unknown archaeological sites. The project consultant believes that all eleven sites are locally and/or regionally significant and eligible for inclusion in the National Register of Historic Places. Ten of the sites will be protected within the development's preserve areas. One site is within a designated golf course area, and will either be protected by burial beneath golf course fill, or will be excavated as impact mitigation. The consultant's recommendations and standard archaeological conditions will be included in the Development Order for Winding Cypress. As a result of these recommendations, no adverse Regional Archaeological/Historical impacts should result from the development of this project. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-99-23, Winding Cypress PUD with the following stipulations: Amend the appropriate sections of the PUD document to read as follows: DEE: 1 1999 1. Page 2-3, Section 2.5.B.1-3. Remove any reference to substitutions to allow a sidewalks on one side of the street, or to place pathways on one side of t~e street in lieu of a required sidewalk. Reason: The LDC requires sidewalks on both sides of local, collector and arterial roadways. Exemption is inconsistent with SWFRPC recommendations under Tramspormtion, F. .2. Page 2-1 t, ~ection 2. lB. C. ,4. The E~lyanee sign ~figt s~ll~a~y~ot exceed a height of 46- __8 feet c.=~ ~: ~'_~l :.i--e,- ~*~'~ ..v.-~' :x::=.~: ~.~g.~: v.~con_v f~t above the finished ground level of the sign site. For the purpose of this provision, finished ~ade ground level shall be considered to be no greater than the highest crown eleveation of the nearest mad. lleastm: All signs within residential zoning districts and residential PUD's are limited to a maximum height of 8 feet. Staff recognizes that the size of the project and its location may justify the need for :additional signage. It is staffs opinion that sufficient.additional signage has been provided for in Section 2. t g.C.2, of the .PUD document which allows for approximately 140 additional square feet of entrance sign area to identi .fy the project. Furthermore, Section .2.18JC.3. allows for re. xtuced setbacks from 15 feet to 5 f~t from the C.1L 951 and U.S. 41 xights- or-d'ay, ttms 'fi~,/k,,r ~ ;'i~bili,~- fr-~m *,,-Sine roa~'ays. Addi~ly, tlac PCrD docm'ncnt sonthe-ast prope._~ comers with a ma-~imurn si~_ face area of 120 square feet. The petitioners requested height of 15 to 20 feet for an entrance sign to a residential development deviates greatly from the maximum height of 8 feet permitted by the Land Development Code. A sign 20 feet in height is more consistent with regulations governing pole or ground signs within commercial zoning districts, rather than residential districts. This project has excessive frontage on two major roadways with no competition from adjacent developments or commercial land uses. Similar to other gated communities in Collier County, this development likely will utilize perimeter landscaping, berms and sculptured watera, ays along C.R. 951 and U.S. 41 which will assist in drawing attention to the development from passing motorists without the need for additional height in entrance signage. Given these factors, statTis of the opinion that the additional height for entrance signage is not warranted. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) heard this petition on November 3, 1999. They recommmuted approval as presented by staff with no additional stipulations. It should also be appreciated that the Winding Cypress PUD regulatory document is also complimented with a DR/Development Order which is as much a part of the regulations governing the development of the Winding Cypress community as the PUD document. DEC 1 1999 PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to forward a recommendation for approval to the Board of County Commissioners without the aforementioned staff recommended amendments to the PUD document. DE~ I ~ 19~9 PREPARED BY: .S U S A3'q. M~ ..~.!~_4. y, .MC P CHIEF PLANNER DATE REVIEWED BY: i R~[~_.D F." 'Ni~No; ~I"~P, MANAGER C~IR~mNT PLg_ ,.NNING SECTION DATE PLUG SERVICES V~CENT A. CAUTERO, ~CP, ~M~ST~TOR DATE COMM~TY DEVELOPME~ & E~IRO~E~ SVCS. Petition Number: PUD-99-23 Winding Cypress PUD This petition has been tentatively scheduled for the December 14, 1999 Board of County Commissioners Public Hearing. Memorandum To: From: Subjeet: COLLIER COUNTY PLANNING COMMISSION YLA.~NING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION PETITION: PUD-99-23 WINDING CYPRE~'~UD OWNER/AGENT: Agent: Alan D. Reynolds, AICP WilsonMilter, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Ban'on Collier Company Mark Morton, Company Representative 2640 Golden Gate Parkway, Suite 115 Naples, FL 34105 REOUESTED ACTION: This petition seeks to have 1,928 +/- acres of land rezoned from the Rural Agriculture (A) district, which in part has certain "ST" overlay districts, to the PUD district. GI~OGRAPHIC LOCATION: The project site is located in Section~ 26, 34 and 35, Township 50 So_-h. Range 26 East Sections 2 and 3, Township 51 South, Range 26 East, Collier County, Florida, and is comprised of 1,928 +/- acres. It extend~ south from Sabal Palm Road; east of C.R. 951; north from U.S. 41 as iljustrated on the following page. I I I $.R. 2g PURPOSE/DESCRIPTION OF PROJECT: Winding Cypress is proposed as a mixed use residential community of housing, recreational, and neighborhood commercial facilities. Approval of this development order will authorize the following development activities: 2. 3. 2,892 Single family and multi-family residential dwelling units 30,000 Gross square feet of retail, offices and clubhouse 45 holes of golf with Clubhouse facilities V~arious rel_ated ~uses of land for water management, mad right-of-way, conservation/preserves, open space and parks and recreation facilities. S~UNDING LAND USE AND ZONYNG: ~.j~._n.~.: ~a_b4ecs_ ~t~ js-_~cant~x! v _e:ge_ mt~ Portionsof~ezite:have:beenamed ~g, ~d iimt: are activei~affi~ing i~a~s ~n-.xhe-~i~e. The*siie ~iy°nas a Rmai Zoning Land Use Surrounding: North - Rural Agricultural (A) Sabal Palm Road, unimproved private road ~outh - Rural Agricultural (A) U.S. 41 East- Rural Agricultural (A) Vacant West- Rural Agricultural (A) CR-951; Marco Island Raw Water Supply; Vacant Agricultural GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is entirely situated in the Urban Residential Fringe area within the Urban Residential Future Land Use category as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed uae (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifanfily land uses, golfing and recreational facilities, preserve areas and neighborhood commercial type of land uses which are authorized uses of land in the Urban Residential desi~tmated area and the Urban Residential Fringe area as described in the Future Land Use Elernent (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Future Land Use £1emcnt .41eside~tial i)easity- The'to~l~,~l flevetepmi~at'lmNx~'by the Winding Cypress project is for 2,892 dwelling units. The residen~ density is therefore 1.5 dwelling units per acre ai%r deducting the proposed village commercial acreage. The purpose of the Urban Residential Fringe Subdistrict is to provide transitional densities between the Urban designated area and the Agricultural/Rural area. Residcntial land uses may bc allowed at a maximum density of 1.5 units per gross acre, subject to specific conditions, and are.not subject to the Density Rating System. In any event, it is readily apparent that the requested number of dwelling units equates to the maximum permitted in the Urban Residential Fringe Subdistriet, and, is therefore, deemed to be c~nsistent with thc FLUE. Accessory and ancillary uses, golf courses and related activities, open spaces, community facilities and the village commercial acreage, .are land i~ses allowed within the in-ban ~ ~rga ghat ,arg ~speci~ly~~ asc~ of land by' thc FLI.:~, .a,-,,d are therefore consistent ~-ith ~t-ie FLUE. acres of land as areas where Neighborhood type of commercial land uses may be developed. The purpose of this subdistrict is to allow for small scale retail, offices, and service facilities to serve the daily needs of the residents of the development. 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 PUD proposes 10,000 square feet for commercial land uses and 10,000 square feet for office type of land uses. In the absence of any thresholds for intensity of development within Village Center subdistricts (i.e. building area to land area ratio) and in the presence of direction from the FLUE as to market orientation, i.e. neighborhood type of uses, staff concludes that the Village Center designated district, and the range of uses proposed are consistent with the FLUE, once the amendments to the 1997 FLUE become legally effective. Traffic Circulation Element - The Development of Regional Impact review that is associated with this petition through the Application for Development Approval (ADA) requires the petitioner to retain professional transportation consultants for the purposes of doing a comprehensive analysis of traffic impacts. This study is in mm reviewed by regional and state traffic planners, which review concludes with a detailed listing of all of the impacts and conditions under which those impacts will be mitigated. Said mitigative measures include provision for improvements to the intersections of CR-951 and U.S. 41 and Davis Boulevard and CR-951, on-going traffic analysis to determine if and when system improvements are necessary to various traffic links and intersections, and fair share costs of improvements where appropriate. All of these mitigative actions arc made pan of the Dcvclopnumt Order approval action which is reflected in the Dcvcl~cnt Order resolution to bc approved as a companion to thc approval of the PUD. The Winding Cypress community will have an impact on traffic in Collier County. As traffic mitigation, Winding Cypress aevelopers will provide payment of road impact fees. In addition, the Winding Cypress developers will provide all site-related improvements to the internal circulation system of Winding Cypress and at Winding Cypress' access points. In the final analysis, the developers of Winding Cypress will have to comply with the County's Concurrency Management System. This fact in additional to approved mitigation plans and conditions of approval allow us to conclude that the Winding Cypress PUD as approved will be consistent with the Traffic Circulation Element. t~onservation~nd q2oastal Management Element - Winding Cypress is a :good_example of efforts to preserve potentially viable natural systems. By virtue of its DRI relationship the Winding Cypress PUD is subjected to a higher level of scrutiny than the typical re. zoning petition. Deveiopment Order stipulations and Master Plan land use designah~ :that_-assures_~-consistency with-all-applicable .objectives-and.policies of the Conservation and C._-aastat ~,,~me.m Element of the.Collier Cou.n~~ a:Maa.a ~me~t :- land uses that ~ '"~-' ' uua, d~y a~ open space. Thc di~bution by use t3q~e is as follows: Land Use Al~proximate Acreage Golf Course/Recreation 355 Preserve 713 Lakes 235 Miscellaneous Open Space/Buffer Total 1,391 The acreage provided in Table does not include open space contained in fight-of-way and open space to be provided within development tracts or pm'eels. The recreation areas provided in Winding Cypress will be for the use of the residents, club members and guests of Winding Cypress and will therefore, lessen the burden on the County's recreation facilities. 4 The Recreation and Open Space Element of Collier County's Growth Management Plan sets the standard of service at 1.2882 acres o f community park land per 1,000 population and 2.9412 acres of regional park land per 1,000 population. Based upon estimates ora buildout population of 5,813 persons, this rep_resents 7.5 acres of community park demand and 17.09acres of xegional'pm'k demand. Collier Connty collects ~qmct fees for community andxegional parks at a rate which will provide the necessary capital to meet these deanands. It is t~--timatM that approximately $1,671,576.00 for both regional and community parks will be realized from the development of Winding Cypress. It isapparent flint the above open space commitments coupled with the nomml open space reservations that occur with each development project will ensure that more than 60 percent of the land in the Winding Cypress development will count as open space land therefore complying with the 60 percent requirement of the Land Development Code and is consistent with the GM?. 3Iousin&Element - Applicot_ion of the current level of regulation for DRI size projects does not ~ign any ~-'peeific fimmcird con-animaem m Winding C~-ffrcas m- pro,A,.~ o,- ~,4ile or off-site '- --'~" .... tOem-il_lg. ~i~g~'~i~-~_.~o~c.~,~-' ........... '. gen-.,--"o~ in its application and does nor specific. M!y charge deveiopea's wit_hh any firmncial _fOHl!tl~ to assist in the provision of Affordable Housing, therefore development order commitments to be contained in the DRI Development Order give us assurance that this approval is consistent with the Housing Element. Sanitary Sewers, Potable Water and Drainage Elements - The Master Plan for the Winding Cypress development and its development requirements provide for connection to the County's Wastewater Disposal System and potable water supplies. Additionally, Winding Cypress will be subject to the County's Concurrency Management Systems as it relates to water and sewer availability. The Winding Cypress drainage plan is responsive to County and environmental requirements. Winding Cypress has been designed to provide water quality enhancement to the Rookery Bay estuarine system, by intercepting and impeding excess flow of freshwater into Henderson Creek through an on-site waterway which routes the freshwater to the preserve and enhancement area on site. This design will enhance the hydroperiod of the onsite wetlands and will help with timely release to the canal and thus to Rookery Bay Aquatic Preserve or bypass through the U.S. 41 canal east to the County's regional spreader swale system. .Other applicable element (s) - By virtue of development commitments and master plan development strategy, staffis of the opinion that the Winding Cypress PUD is entirely consistent with provisions of the Collier County Growth Management Plan. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Where appropriate, stipulations have been generated to ensure consistency with the Growth Management Plan during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: DRI projects are required as a function of the Application for Development Approval, to submit a Historic and Arc2meological survey of the property. An- archaeological survey, recommended by the Division of Historical Resources, Florida Department of State, and conducted at the applicant's behest, revealed the presence on the Winding Cypress property of eleven (l 1) previously unknown archaeological sites. The project consul~t believes that all eleven sites are locally aM/or regionally significant and eligible for inclusion in the National Register of Historic Places. Ten of the sites will be protected within the development's preserve areas. One site is 'within a designated golf course area, and wilt either be protected by burial beneath3olf course _h~ i_~ _or w~iil _be~--x_c,.a. _~te~_~ i~ t ,_,~__~n. Tb.e ~ result of these recommendations, no adverse Regional Areha,~nlogic. ab~jsmric..ai result from the development of this project. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by thc appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and thc Board of County Commissioners. Thc Enviromental Advisory Council (EAC) heard this petition on November 3, 1999. They recomm~mt~'~! approval as presented by staffwith no a_dttitiollal stipulations. It should also be appreciated that the Winding Cypress PUD regulatory document is also complimented with a DRI Development Order which is as much a part of the regulations governing the development of the Winding Cypress community as the PUD document. The DRI development order deals extensively with many elements of our Growth Management Plan, and in particular transportation relationships. These indicate service level requirements that must be maimained throughout development of thc project unique to ~ons and road acgmmus. 6 ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they. positive or l~4gative, ~:ntminating in a staff re, commendation based on that ta:axtpmhensive overview. The listed fl'ileha are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff revieware Jistedxtnder~tch afl:he .criterion_.noted-and.are categorizaxt .._a~. ~.eith~roor con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a smnmary conclusion culminating in a detem~in,~rion of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport. Appropr:u~.e evaluation of1.~it'/ons Ib~'~rezmm~g 6q~ottld ~~ a f~ ~ f~ ~i~ pl~ ~d whether or not a rezoninl action would be co~istent wi~ ~e Collier Co~ Gro~ M~agement PI~ in all of its related elements. Other evaluation considerations should ~clude ~ ~sessment of adequacy of tr~spo~tion ~ff~c~e, o~er ~~c~ ~d compatibili~ ~ adj~ent l~d uses, a consideration ~u~ly dealt ~ of~e rezoffing ~tion to the long range pl~ for h~e l~d ~es. Notwithstanding the above, staff in reviewing the determinants for adecl,,Ste findings to support a rezoning action advise as follows: Relationship to Future and Existine 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 Futura Land Use Element of the Collier County Growth Management Plan. Micro details of the residential development strategy are addressed in the PUD document. These regulations address internal compatibility and place some restriction on mixing different housing structures. The PUD document also includes provisions that will bring about housing types similar to those constructed along the C.R. 951 development corridor mmh as exist~ between Naples Heritage Golf and Country Club, The Club Estates, and Naples Forest Country Club. 7 Further, regarding the matter of external compatibility relationships, with the exception of stated contiguous relationship the Winding Cypress community is either adjacent to agriculturally zoned land or to an existing arterial roadway. In the opinion of stafL Winding Cypress is not incompatible with any adjacent land relationship, as conditioned relative to the placement of similar housing types wherever adjacent lands are developed. The boundaries of the Neighborhood Village Center are consistent with the provisions of the FLUE for Neighborhood Village Centers. A provision in the PUD document will prohibit the development of any part of the Neighborhood Village Center until the FLUE is found legally effective. The Neighborhood Village Center concept was adopted by the Board of County Commissioner, but to date is_not legally~ffeetive..~Th, e~EJ ~ _.[F.~ne~_x:h _aga~t~..tn'intie~ w~ich are. required of a Neighborhood Village Center. Specifically, the Village Center shall be conveniently located to serve the PUD. The Village Center shall not have independent ac, ee~ to any roadway external to the PUD and shall be integrated into the PUD. These beh~g the case of the proposed PUD. the land use su-ategy was deemed consistent with the Future Land Use E!ementxff_the.GM.P. This.relatinnship _.in ~he ._-co_ nle-xt of~onsistency xvitb.~he GiMP was Kt~ *~,~ ,,,4,,hh,,,-h,,,,,~ commercial ,~,-,,'],- ...., ,-,,* of a total of !,928 ~r~. Regulations applicable to internal relationships of land will ensure compatible responses. Proposed development regulations, xvith amendment pursuant to staffs recommendations, are typical however of those applied throughout the County. Traffic: The Winding Cypress PUD was subjected to intense scrutiny because of its DR/stares. Consequently, the DPd Development Order addresses a lengthy set of requirements for the Winding Cypress PUD xvhich may tugger traffic improvement actions during its development phases. Access to thc project will be provided via two entrances on CR-951 and one on U.S. 41. Thc northern entrance on CR-951 will be opposite Grand Lely Drive. Thc entrance on U.S. 41 will be opposite Henderson Drive. Staffhas reviewed the applicant's Traffic Impact Statement (TIS) and has the following comments: The ITE Trip Generation manual (6* Edition) Rate Tables indicate that the proposed project will generate the following traffic: 8 · PHASE 1 PHASE 2 TOTAL TOTAL ADJUSTED UNITS U~NITS UNITS LAND USE TRIPS* TRIPS** 1,322 DU 1,160 DU 2,482 DU Multi-family 13,899 ADT 11,814 ADT 250 DU 150 DU 400 DU Single Family 3,820 ADT 3,244 ADT 5,000 S.F. 5,000 S.F. !0,000 S.F. Remi! !A76 ADT !,173 .a~DT 5,000 S.F. 5,000 S.F. 10,000 S.F. Office 246 ADT 246 AliT 5,000 S.F. 5,000 S.F. 10,000 S.F. Recreation 229 ADT 229 ADT 27 Holes 18 Holes 45 Holes Golf 1,608 ADT 1,366 ADT Total: 21,478 ADT 18,072 ADT -It ~ould be ~oted that the Total Trips were calculated usmgtbe Rate Table~ inste~ oftbe :equation that was used in the applicant's Traffic impact Statement. This accounts in the differences in the total trips generated. ** The Total Trips are adjusted to account for seasonal occupancy and pass-by traffic. In addition, the DRI/'PUD Trip Adjustments due to Internal Capture are 12~015 ADT. .-alla.ue. damxthe ,~m:le.l_~malvsis 3n lhe T_Lq. the ~im-s~enea-ated trins..exceed x"he significance ~ smdard (5 percent of the LOS "'C" design volume) un US4!. l-lowevta; ~,, -nj-ad ~egments within the projects radius of development influence are expected to operate below their adopted level of service at build-out. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). .Traffic Circulation: Staff has reviewed the layout of the PUD Master Plan and finds the following: The primary access to the site will be from US-41 and CR-951. Its important to note that Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. The PUD Master Plan indicates that no interconnection has been provided to the adjacent properties to the northeast. Lastly, Policy 7.3 ,~f the TCE requires the provision of safe and convenient on- site traffic flow and the need for adequate parking. Staff is of the opinion that this petition is consistent with this policy. Please note that the final traffic circulation system will be reviewed at the time of site development plan review (SDP) or pretflninary subdivision plat review (whichever is required). Lastly, additional information may be required by the Transportation Depmhnent for engineering and access design issues. Traffic Mitigation: A number of intersection improvements will be needed to support the project as noted in Tables 14 and 15 of the Traffic Impact Statement and the roadway improvements that have been recommended by the Regional Planning Council which are incorporated within the DR/ Development Order. The project is al~o subject to the Adequam Public Facilifim Ordinan~ as provided for in Section 3.15 of the Land Development Co~. 9 UtiliW Infrastructure: The project site will be served by a full range of services and utilities provided by Collier County. The Winding Cypress development is subject to the County's Concurrency Management System should capacity constraints develop in the County's system. Nevertheless, development at Winding Cypress represents an immediate customer base and involves no requirement for the County to expand its sewer collection of water distribution system. The Winding Cypress development is not expected to exacerbate any storm water drainage conditions in the area. Again, extensive analysis of needs deals comprehensively with required responses to ~op.qmm~!y~dd.,'ess storm water requirements. The Winding Cypress,suffae.~. ~.at~a ~na~em_e. nt system will consist of one surface water management system (hereinafter referred to as the system). The system will utilize lakes to provide the required water quality ,,torage volume& and .lakes and wetland area to provide tl~e required water quantity storage volumes. An extensive lake system provides for~a!low-abl¢ d ischarge x-ares re_regional .se~ing morm water systems. ~.mm~aniw ;in~mstrucmre ,and Ser,,'ices: Thc project sitc ~s .,,,,.,,,.,~ ~.,,,, ,,~dc~ ~,;rom ActiviW-...,.,,,,,,r'--'-'*o located at U.S. ~41 -,~ ~a~, and CR-951 and Rattlesnake Hammock Road. Services located at these intersections consist primarily of commercial land uses which will provide major commercial type of shopping (grocery stores, drug stores, etc.). The Neighborhood Village subdistrict, within the project, will provide neighborhood convenience type of services (dry cleaning, convenience goods, etc.). Shopping centers, business offices and medical offices are all or in the furore will be within a short driving distance from the project. STAFF RECOMMENDATION: Staff recommends that Collier Countv Planning Commission recommend approval of Petition PUD-99~23, Winding Cypress PUD xvith the following stipulations: Amend the appropriate sections of the PUD document to read as follows: 1. Page 2-3, Section 2.5 Roadways Rewrite as follows, deleting struck through text: Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivision, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request substitutions to Code demgn standards in accordance with Section 3.2.7.2. of the LDC. The Developer retains the fight to establish gates, guardhouses, other access controls, :'~_.: ar.a_, mer:-_m:.-.~ as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. Reasoa: AU signage shall bc regulated by thc Land Development Code and shall tm consistent wi_th Land Dcvcl~ Code provisions. 10 2. Page 2-3, Section 2.5.B. Remove any reference to substitutions to allow a sidewalks cra one side of the street, or to place pathways on one side of the street in lieu ora required sidewalk. Reason: The LDC requires sidewalks on both sides of local, collector and arterial roadways. Exemption is inconsistent with SWFRPC recommendations under Trsmspormtion, F. 3. Pag~ 2-10,2.18.B.5. Boandary-mmtmr signage shalt be gromaclantmm~ read,he Mgn~micmre is limited to a maximum height of eig~ht feet (8'). Reason: Clarification purposes. The LDC limits signs in resid~mtial zoning districts to 8 f~t. 4. Page 2-10, 2.18. C. 4. Entrance signs may not eXceed a height of 20 8 feet above ti~ finishod _ground level of.the sign site..For the purpose of:this.prov:i.'.,finn,~nished grade~shali l~,:onsidercd to be no greater than 18 inches above the highest crown elevation of the nearest mad. ~ .Reason: Consistency with Land Development Code. 5. ~P~agc 2.11,2.18 D.Temporary Si.,~s - Sections 1-8 shall beatcle, ted in their entirety. Appropriate provisions of the LDC shall a~vply. ~ Page2.!~ ~ ~e r:'r'o,,,"-,,"i'-,- Appropriate provisions of the LDC shall apply. 7. Page 2.11. F.. Internal Signs - rewrite as follows: 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road right-of- way mat,' ~'~ ..... ~.~ .~.c~' m,~,~ ~ shall be no less than 5 feet. Such signsmay be used to identify thc location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of !00 64 square feet per sign face area. Such signs may have a maximum height of-l.g 8 feet. No building permit is required. Reason: To maintain consistency xvith LDC. 2. Directional or identification signs may be allowed internal to thc subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 4_ square feet per side or signs main~ a common architectural theme may be combined to form a menu board with a maximum size of 64 24 square feet per side and a maximum height of 8 feet. Rearson: To maintain consistency with LDC. .......... w- mgy ..... Real estate signs with a maximin size of 6 4 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To," "Lot #," ~, No buading permit is required. ligature: Comistcncy with Land Developmem Code. 11 G. Traffic Signs 1. Traffic sins sus:h as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 6t~l~z'eom~R~Oatio~: Section 2.5.5.2.4.7. oflb. e Land D~l~nt Code ~omages uniform comprehensive sign plans providing for size, location, type, and common architeetnral design standards. It is staffs recommendation that a unified sign plan be submitted for review as part of this PUD, rather than modil~ing select portions of the existing code, which generally will -not be supported by staff. 8. Page 4-1, Section 4.4 Permitted Uses and Structures- No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or part, for other.than the following once Ordinance 97=67 (FLUE EAR Amendments) become legally effective. Reason: The GMP amendments xvhich provide for Neighborhood Village Center subdistrict are not .yet legally effective. 12 PREPARED BY: ?S'USAN MURRAY, AICP CI-tIFF PLANNER jb-N~b~?N~O, A~CP qt6g'mT ~. mmm~m~, ~c~ VIN~RO, ~ AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRONMENTAL SVCS. DW. DATE DATE \t DATE Petition Number: PUD-99-23 Winding Cypress Staff Report for December 2, 1999 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the December 14, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRPERSON I~F..ZON:E ~'TNDINGS ~ PETITION PUD # 99-23 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Plmming Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change 'inTetation to'the following, whereappticable: 1. Whether the proposed change will be consistent with the goals, objectives, .and policies.~nd F~ture ~d Use map snd the elements of the Growth Management Plan. Evaluation not applicable. _,~jec~_ive~s and policies of I!xe Future Land Use. E. leme~ of the Groua. b M~nag~nent 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 ezisting laud use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: The subject site is vacant and vegetated. Portions of the site have been used for grazing, and there are active hunting leases on the site. The site presently has a Rural Agricultural (A) zoning designation. Surrounding: Zonin North- Raral Agricultural (A) -extra .ngri ni al East - Rural Agrieulturfl (A) West-Rural Agricultural (A) Land Use Sabal Palm Road, Unimproved, private road U.S. 41 Vacant CR-951 ROW; Marco Island raw water supply; vacant agricultural 3. The possibiliW creating of an isolated district unrelated to adjacent and ~.avby districts; Summary Findines: The site is nearby future residential development to the north, south and west along the CR-951 corridor. The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. The proximity to adjacent developments justifies a rezoning action to PUD for residential purposes. 4. 'Whether eeisting district boundaries are illogically drn~n 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 they are consistent with the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summa~ Fi~dinns: The proposed change is appmpria~y baaed on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 6. Whether the pFoposed chan..e will adversely influence living conditions in the neighboFhood; l~ro: The proposed rezoning is a logical extension ofthesimilarly zoned parcels to the north and west, along the CR-951 eomdor. Development of these projects is of similar density and housing structure types. Commercial tracts are internal to the land and therefore have no contiguous relationship to non-project property. Con: Existing owners of property along contiguous property lines may perceive development even though similar in nature as a diminution of enviroran~ conditions jn~heir._-nei_ghbo, rhood,.n~ferring to see ~adjacent lands ~ undeveloped. Summary Findings_: The proposed zoning amendment will not adversely affect living conditions in 'the neighborhood because the recommended development standards and other conditinns for~aprn~ai &a. v-e. _~ ,been ~_orm~. lgat e~l ?~nd-de~,gne4!-t.o _~e-the. least .~m~mt ~f~dvem~. ~,'-t on.adja_', cent~and nearby~tevetopme~. cougcstiou or crcatc ~'pts ~f traffic d~m~ incompatil~ with surrounding ~md uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The Winding Cypress zoning petition because of its DRI relationship was subjected to a comprehensive traffic impact analysis, the results of which commit the developer to engage in impact studies as development progresses and to pay for improvements required to maintain levels of service. (ii) Urban intensification is cost effective. (iii) Increased levels of traffic on arterial roads are unavoidable when urban inten.~i~cation takes place. Under concurrency management levels of sm, vicc commensurate with the least stressful level of~ravel for uses is achieved. 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. Smm.~rv Findings:, Evaluation of this project took into account the requflvment for consistency with Policy 5.1 of the Traffic Circulation 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 ofapprroval (i.e. mm lanes, traffic signals, dotlieationg, ~tc.) and ~ programmed xoadway improvements will help maintain adequate service levels. In the final analysis all projects are subject to the Con~ Management system. & Whether the proposed change will create a drahmge problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con--_ /_htxan.in~_ensification-a!ways-t~s~a~tgor-area-wide fi__~.g_xu~ter_.-the most ~evere rainfall event, unless county~de drainage improvements are made cmnmensurate with m'hanintensifimon. ,q,a'mma~- F------~diags: E~zry proje,~ approved k, Collier County ~vok,,'~g the uti~or, 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. Staff's recommendation incorporates stipulations which would xequire the development to perform certain actions as a rronditima of approval which would address stormwater concerns on an area-wide basis. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County ar~ subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open apace requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent are, aa. 10. Whether the proposed chan~e will adversely affect property values ha the adjacent area; Pro: Urban intemification typically increases the value of adjacent vacant or tmderutilized land. Con: T~re is no way to guarantee that this project will be marketed m a manner comparable or complimentary to development in the nearby environs. On the other hand, current development on this same project reflects a development on the higher end of thc economic spectrum. Summary Findines: This is a subjective det~mination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property. valuation is affeeterl by many factors including zoning, however zoning by itself _may _or_may _-m~_ ~tXe~'~ v~,;es, sinc~-value~qc~t~~n by !aw. ~ ~_..q~/en ~, ~-nmrket-v~ue. t I. ~ tl~ ~ ckaage ~'itl be a deterre~ ~o ~ tmproven~t or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary_ Findings: Application of the development standards found in the Land Development Code combin~ with lhe administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the furore 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 compbes 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 fuxther dmmmined to be a public welfare relationship because actions consistent with plans are m the public inteaz~. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. gammar~_ ~Findinn~: The s, rhject'property is-not madev~topable and~ its cttrrent:zonmg designation. Surrounding prop~ north and west of the site, along the CR-951 corridor are akeady developed or approved for development land uses of a similar nature. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are m the public interest. 14. Whether the change suggested is out of scale with the needs ofthe ~eighborhood or the County; Pro/Con:. Evaluation not applicable. 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 Findines: This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potently! uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findinm: The extent of site alteration will be detennin~ as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 17. The impact of development o~ the availability of adequate public facflitles and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented throngh the Collier County Adequate Public Fae'dities Ordimmce, as nn~.nded. Pro/Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve the development, upon their extension. Review by jurisdictional staff for consistency evaluation with GMP required levels of~se~6c~-advise;that:there -is nodeficiency. FINDINGS FOR PUD PUD-99-23 Igection 2.7.3_2.5. oflbe Colher Cmmty .Land l)=~=~t Crate xequiresatm Ptmming 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 tophysicait-harneteristies ofthe.lnnd, surrtmnding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land devetopmempattems produces economies of scale relative to public utilities, facilities and services, which are currently available in this area. extev~ion of residential ,;,.,,~i~,,,,.~,,,,t c,,,,=;=*~,,* x~4Lh smn'oundLng development. (iii) Several similar projects are under review at this time for zoning approval to PUD which would allow similar types of development at comparable densities. (iv) Winding Cypress is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services and facilities. Con: (i) None. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions recommended by staff in the staff report should provide assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. Adequacy of evidence of unified comrol 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 /ac-flit/es lhat arcmot to ~e provMed ~r qnnhrtaiued at public expense. ~ro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the-goals, objectives andpolicies of the Growth Management Plan. Pro/Con: Evaluation not apptic, ablc. Finding_: The. subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Urban Residential Fringe within the Mixed Use Urban Residential Land Use category on the FLUE to the GMP. Future Land Use Element - The total residential development proposed by the Winding Cypress project is for 2,892 dwelling units. Thc residential density is therefore 1.5 dwelling umts per acre after deducting the proposed village commercial acreage. The purpose of the Urban Residential Fringe Subdistrict is to provide transitional densities between the Urban designated area and the Agricultural/Rural area. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, subject to specific conditions, and are not subject to the Density Rating System. In any event, it is readily apparent that the requested number of dwelling units is equates to the maximum permitted in the Urban Residential Fringe Subdistrict, and, is therefore, deemed to be consistent with the FLUE. Accessory and ancillary uses, golf courses and related activities, open spaces, community facilities and the village commercial acreage, are land uses allowed within the urban designat~ area that are specifically authorized uses of land by the FLUE, and are therefore consistent with the FLUE. Commercial Areas - The Master Plan purports to set aside fifteen (15) acres of lgnd as Neighborhood Commercial. Thc petitioners have detciafined to take advantage of the provisions of the FLUE which allow a Neighborhood Village Center Subdistrict. The maximum acreage permitted by the FLUE is 15 acres, which is the amount of commcrciai land area proposc~ by this petition. Traffic Circulation Element - The Development of Regional Impact review that is associated with this petition through thc Application for Development Approval (ADA) requires the petitioner to retain professional transportation consultants for the purposes of doing a comprehensive analysis of traffic impacts. This study is in mm reviewed by :~gional and state traffic planners, which review concludes with a detailed listing of all of the impacts and conditions under which those impacts will be mitigated. Said mitigative measures include provision for improvements to the .intersections ofCR-951 and U.S. 41 and Davis Boulevard and C.R. 95 t, on-goir~g ~'affic anal~s w, determine if and when system improvements are ne,cessary to various traffic links and intersections, and fair share costs of improvements where appropriate. All of these mitigative actions areTnade v ............. v ...... --',-,,-, ,,l~,,,-,,, -,~,,,,,, ~'"",,' ,~ mfl~---~tcd h~ thc Dc}~cl~-----mcnt Winding Cylare.~ ~munity ~ill have an impact, on lxaffic in Col.!ie~ County. As ~affic mitigation, Winding Cypress developers will provide payment of road impact fees. In addition, the Winding Cypress developers will provide all site-related improvements to the internal circulation system of Winding Cypress and at Winding Cypress' access points. In the final analysis, the developers of Winding Cypress will have to comply with the County's Concurrency Management System. This fact in additional to approved mitigation plans and conditions of approval allow us to conclude that the Winding Cypress PUD as approved will be consistent with thc Traffic Circulation Element. Conservation and Coastal Management Element - Winding Cypress is a good example of efforts to preserve potentially viable natural systems. By virtue of its DRI relationship the Winding Cypress PUD is subjected to a higher level of scrutiny than the typical rezoning petition. Development Order stipulations and Master Plan land usc designations are executed in a manner that assures consistency with ail applicable objectives and policies of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Recreation and Open Space Element - approximately 71 percent of Winding Cypregs is set aside in land uses that qualify as open space. The distribution by use type is as follows: Land Use Am>roximate A~ Golf Course/Recreation 355 Preserve 713 Lakes 235 Miscellaneous Open Space/Buffer 88 Total 1,391 The acreage provided in Table does n~ include open space contmned in right-of- way and open space to be provided within development tracts orparcels. The recreation areas provided in WLnfling Cypress will be for flae amc aflhezesiflents, The Recreation and Open Space Element of Collier County's Growth Management Plan sets the standard of service at 1.2882 acres of community park land per 1,000 population and 2.9412 acres of regional park land per 1,000 population. Based upon estimates of a buildout population of 5,813 persons, this represents 7.5 acres of community park demand and 17.09 acres of regional park demand. Collier County collects impact fees for community and regional parks at a rate which will provide the necessary capital to meet these demands. It is estimated that approximately $1,671,576.00 for both regional and community parks will be realized from the development of Winding Cypress. It is apparent that the above open space commitments coupled with the normal open space reservations that occur with each development project will ensure that more than 60 percent of the land in the Winding Cypress development will count as open space land therefore complying with the 60 percent requirement of the Land Development Code and is consistent with the GMP. Housing Element - Application of the current level of regulation for DR/size projects does not assign any specific financial commitment to Winding Cypress to provide on-site or off-site affordable housing. The Housing Element to the Collier County Growth Ma~ag~ent Plan is general m its application and does not specifically charge developers with any financial formula to assist in the provision of Affordable Housing, therefore development order commitments to be contained in the DR/Development Order give us assurance that his approval is consistgalt with the Housing EkallealL Sanitary Sewers, Potable Water and Drainage Elements - The Master Plan for the Winding Cypress development and its development requirements provide for connection to the County's Wastewater Disposal System and potable water supplies. Addifionally~ Winding Cypress will be subject to the County's Conamxency Management Systems as it relates to water and sewer availability. The Winding Cypress drainage plan is responsive to County and environmental requirements. Winding Cypress has been designed to provide water quality entmue, gn~nt to the Rookery Bay ,~xine system, by intercepting-and impeding excess flow of fi'eshwater into Henderson Creek through an on-site waterway which routes the freshwater to the preserve and enhancement area on site. This design will enhance the hvrtrtan~rir~d t~fth~ .-~neite .Wetlanrle and xvill holn w'ith timely r~l~.aae tn Ihe c. ana] and thus to Rookery Bay Aquatic p,-,~,~,,:,~.,-r ~r--~h'"'~ through the U.S. 4 t canal east to the County's _re~tdonal ~preader swale.~y~tcm. · -J.~e~.al,,~.~d_~t'ter~l .-C~ml~l~tt~'-_ol'p.roatmsetl Wes, vm~cn eonumons may htelude restrictions on location ~1'improvc-m~ts, restrictious on and buffering and screening requirements. Pro/Con: Evaluation not applicable. Findin-: The PUD Master Plan and staff recommendations have been designed to optimize internal land use relationships. External relationships are regulated by the Land Development Code to help 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 mount of open space set aside by this project is consistent with the provisions of the Land Development Code. The Winding Cypress Master Plan makes no provision for publicly accessed open space or recreation land, inasmuch as this is a gated community whose access is limited to residents of the community. On the other hand "Park Impact Fees" that will be paid as the Winding Cypress community is constructed must bc applied to land acquisition and recreation serdces enhancements in area~ The timing or sequence of development for the purpose of assuring adequacy of available improvements and facilities, both public and private. ,Pro/Con: Evaluation not applicable. Finding: Timing or sequence of developmem in light of concanency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corr~te, d. See Finding No. 1, also applicable for this finding. T~Ne mbility of the .~ubject properly,~nd of snrrounding areas to :accommodate -expansion. Evaluation ~tm~applicable. Abiliw, as applied in this context, -implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. 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. 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 sim/hr to those s~a~wl~ used for similar residential structures. PUD99-23 ~~a~ P~fion No.: Date P~fion R~eiv~ ................. Commission Diswict: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s)~:, ~ Barton Collier Companv -~.ppiicam's Maiiing ~adress City Naples State FL Zip 34105 941 262-8017 Applicant's Telephone # 941-262-2600 Name of Agent Alan D. Reynolds. AICP Fax # Firm WilsonMiller, Inc. Agent's Mailing Address 3200 Bailey Lane. Suite 200 City Naples State FL Agent's Telephone # 941-6494040 Zip 34105 Fax # 941-263-6446 Name of Agent George L. Varnadoe Firm Young, van Assenderp. Varnadoe & Anderson, P.A. Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State FL Zip 34108 Agent's Telephone # 941-597-2814 Fax # 941-597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-24~ / FAX (941) 6436968 -1- Disclosure of Interest Information: If tlhel~roperty is owned fee simple by an INDIVIDUAL, tenancy by the entirety, t~nancy in common, or joint tenancy, list all pazties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership 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 do eo If the property, is in the name of a GENERAL or LIMITED PARTNERSHIP~ list *he mane ofxhe geamal ancot iimimd tmaners. -~ Name and Address Percentage of OwnerShip Juliet C. Sprg~l, Testamentary T .rUst .Harold S. I,ynton,.~s Trustee Juliet C. Sproul, as Trustee Katherine G. Sproul. as Trustee Barron Collier III. Individually _l_amar~ahle lnAixAA;milv A:rances I3. Villere. Individually Pllyttt~ D~mR:, _ kJ. lllO. l¥1tl Lii:[I I y 25% 25% 1250% LA .DU~y0 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 panners. Date of Contract: ..... . Name and Address Percentage of Ownership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property acquired [] leased [] January, 1923 Term of lease ~ yrs./mos. If Petitioner has option to buy, indicate date of option: option ten~inmes: . or anticipated closing dale and date -3- o Should any changes of ownership or .changes in contracts for purchase occur hearing, it is the responsibility of the applicant, or agent on his behalf, t_o submit a supplemental disclosure of interest form. Detailed i~_i description of the properW covered by the a0nlication,: (If space is inadequate, ~ttach on separate,I~ge,) Jfxextuest .involves change-to_-more !hah 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) ifrequired to do so at the pre;application meeting. NOTE: The applicant is responsible for supplying _the correct _legal demdptinn. If ~ 'rmns~d,_~ .~-c. one~io.g -the ~ed~al ~glesca~phon, ~an ~e~lP_.ineer's ~-certification -or r, ealed survey may be i-equired. Section: 26, 34, 35, 2, 3 To~,~.,'nship: 50, 5! South Pange: 26 East Lot: Block: Subdivision: Plat Book: .. Page #: ... Property I.D.#: 00~43844009, 00447920002, 00448040004, 00723920001, 00724120004, 00724480003 Metes & Bounds Description: PUD document Legal Description is included as Exhibit "B" to Size of property: ~ fi. x Address/i~eneral location of subject property: U.S. 41 East~ south of Sabal Palm Road Adjacent zonine and land use: fi. = Total Sq. Ft. Acres 1,928+ East side of C.R. 951, north of Zoning N "A" E W "A" & PUD "^"&PUD Land Use Plant nursery, single family residtmx, e, undeveloped Trailer park, convenience commercial, undeveloped Picayune State Forest; Naples Reserve PUD, .undeveloped C.R. 951, Falling Waters PUD, undeveloped D~s xhe owxzer of ~he ~bje~ pr~ oum ~property c, amigzmas m she eazbj~mperty? if so, give complete leal de,cfiption of entire e.~ntigu~as pmpexty. (If_ space is inadequme, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book: Page #: Metes & Bounds Description: Property I.D.#: Rezone Request: This application is requesting a rezone from the A-Rural Agricultural zoning district(s) to the PUD-Planned Unit Development zoning district(s). Present use of the property: . Agricultural (cattle grazing)and :hunting camps Proposed use (or range of uses) of the property: Master planned community to include residential dwelling units~ 45 holes of golf~ and a village center Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to thc 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. lk~ed Restrictions: The County is legally precluded from enforcing deed re~ixictions, 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. 10. Previous land a~e ~etitions on the ~abiee~lerm~'tv: hmxiagtaam ~ nn ~hi~~ within ~,, last ye.ar? hearing?. No. To your knowledge, has a public If so, what was Ihe xmla~e of that 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 othemfi~ waived.A~mng-thepre .4pplication meeting. a. A copy of thc pm-application meeting notes. bo zI f xhis *e~me _is txeing _req, ~e.~terl £nr-a_q~'fic~:._~_ .-provUe ~fifi~ ( ! 5 ) ~o~es o f a ~" x 36"~n~pmal ~ite O~d o~ ~ced$~" z 11" copy of~e ~ite ~). ~ m a ~im~ ~-atc ~ t inch ~s 4~ 'f~, d~i~ing ~e foiio~ng: ~~i '~ ~ ~'~ ~ ~t~ 'u~n e~let~ ~ ~ e..!m ..... for distribution to the n~.a =d vmqous advisory ~ds such ~ thc Enviromen~ Advisou Bo~d (EAB), or CCPC.) · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or:.proposed_ingress and egress (including-pedestrian-. ingress and egress to the site and the structure(s) on site), · ~ all existing and/or proposed parking and loading areas (include 'matrix indicating required and provided parking and loading, including required parking for the disabled), · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility, services to the site), · proposed and/or existing landscaping and buffering as may be required by the County. c. An arehitectmal rendering of any proposed staminas. An Environmental Impact Statemem (ELS), as required by Section 3.8 of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an ElS 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 iden--tification shall be consistent with Florida Depamnent 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~he xequired ~mrtion of native v~getation to be preserved (per LDC Section 3.9.5.5.4.). ~. Statemeat of utility provisions (with all required attactm~ents and sketeh~s). 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 rez-ones and -7- o ffI'ATEME'NT OF UTILITY PROVISIONS'FOR PUD REZONE REQUEST Name of Applicant: Mailing Address: City Naples Barton Collier Company 2640 Golden Gate Parkway, Suite 115 State FL Address of Subject Property (ifavaiiabie):. not available Zip 34105 -Range: ..26-F~a.qt Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: 00438440097 . 00447920002, 00448040004, 00723920001, 00724120004, 00724480003 Metes & Bounds Description: PUD document Legal Description is included as Exhibit "B" to 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 Type of water service to be provided: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name & Private System (Well) Total population to be served: 7,475 Pe~k and Average Daily Demands: A. Water - Peak 1612 GPM Average Daily 537 i3PM 537 GPM B. Sewer- Peak 1612 GPM Average Daily If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: June 2000 10. 'Narrative Statement:. Provide a brief and concise narrative ~a~t .ern~ent _ar~.d ~schemafic drawing of~ewage treatment process .~o ~e used as well as a ~peeific statement'regarding N/A tl. Collier Coun~ Utility Dedication Statement: tf the project is located .within the services boundaries of Collier County's utility service system, written notarized statemem 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 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 w~t_~ and sewer systems. Please see attached letter dated August 27, 1999. 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 ser,,e the project shall be provided. N/A -g- PUD REZONE APPLICATION SUBMITTAL CI-IECKI,I~T This completed checklist is to be submitted with application packet! Requirements # of Copies Required Not Required Completed Application 15 :( Copy of Deed(s)and list identifying Owner(s).and all 1 x Panners ifa-Com, oration Completed Owner/Agent Affidavit, Notarized 1 -x zt.-Tre-applw, atton notes/minutes . - 6. 'Enviromen~ Imam Smtemem (ELS) 4 x 7. Aefi~ Photograph (wi~ habitat ~e~ identified) 4 x 8. Completed Utiliw Provisions Statement (Mth required 4 x aRac~ents ~d sketches) 9. Traffic Impact Statement (TIS) 4 x Waiv~ A~limfion 11. Copies of State ~or Federal Pemi~ 4 x 12. Arc,tectal Rendering of Proposed Stmc~s) 4 x 13. Appli~tion Fee, Check shall be made payable to - x Collier Co~W Bo~d of Comissioners 14. O~er ~q~emen~ - 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 proozssing this petition. Agent/Applicant,/f3ignatu~e / Dale -lO- I, Juliet C. Spro~d and f'itul J. Marm¢tli being ftrst duly sworn, depose arid aay 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, 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 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 wilt, not be advertised until this application is deemed complete, and all required information has been submitted. State of FLORIDA County of COLLIER The foregoing instrument was acknowledged before me this day of _~tlt~a~ff~ 19 qq , by Juliet C. Sproul and Paul J. Marinelli who are ~,rsonall~-- "~' --known to me or have produced a., ~. (signature of Notary Public- State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) -11- August 27, 1999 Collier County Utilities Depaxtment 2800 N. Horseshoe Drive Naples, Florida 34104 -RE: Winding Cypress PUD To whom it may concern: The fees will be paid or a waiver and release will be obtained prior to issuance of building permit. Paul J,~larinelli i State of FLORIDA County of COrrlFe The foregoing instrument was acknowledged before me this ~[t~ day of _~_~~ 19 ~ , by Paul J. MarineHi who is personally known tO m9 br has produc~. as identification. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ORDINANCE NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-t02, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE ~SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 160102, 062526 AND 063536 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WINDING CYPRESS FOR A MAX/MUM OF 2,892 RESIDENTIAL DWELLING UNITS, GOLF COURSE, AND A MAXIMUM OF 30,000 SQUARE :gEET OF RETAIL, X)FFICE AND RECREATIONAL USES, LOCATED ON THE 'EAST SIDE ~1: C.g. 0_q~ ~aaf~_~.~,~4-~'-rnnt~XJUTH OF SABAL PALM ROAD IN SECTI~hI~ ~, ~ .~*D 35, TG"~-~I..llP 50 ~t)UTH, R.~dqGE 26 EAST AND SECTIONS ~.? .a_.ND 2, T~.t3a~..,o~-~,~ '51 T, OUiI-L RANGE 26 EAST, COLLIER COLrNTY, FLORIDA, CONSISTING OF 1,928+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alan D. Reynolds, AICP, of WilsonMiller, Inc., and George L. Vamadoe of Young, van Assenderp, Varnadoe and Ander~o._ n_. P.A., r~-vrcsen~g Barton Collier Company, 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, that: SECTION ONE: The zoning classification ofth~ laeeem de~ribed real property locked in Szctio~ 26, 34 and 35, Township 50 Souflt, Range 26 Ea~ ~ut Sectio~ 2 and 3, Towr~hip 51 South, R~nge 26 East, Collier County, Florida. is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Winding Cypress PUD Document, attacl~d hereto as Exhibit ~A~ and incorporated by reference hereto. The Official Zoning Atlas ~ numbered 160102, 062526 and 063536, as described in Ordinaxw~ Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall becoa~ effective ulxm filing with I~e I~m'lammt of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flonda, this __ day of ., 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: ~DMGHT E. BROCK, cierk BY: P-~AX~LA S. ~¢~AC'~I'Li'E, C~r'iA~WOMAN and Legal Sufficiency Marjorie M. Student Assistant County Attorney $/s~:lmm/O RDINA NC E./PUI~99.-23/S Mlin~ -2- WINDING CYPRESS A Approximately 1,928_+ Acres Sections 26, 34, and 35 Township 50 South, Range 26 East and Sections 2 and 3 Township 51 South, Range 26 East Collier County, Florida Ban'on Collier Company 2600 Golden Gate ;Parkway Suite 200 Naples, FL 34105 PREPARED BY: ~Niisonl~iiler, inc. 3200 Bailey Lane, Suite 200 Naples, Flodda 34105 EXHIBIT A PUD-99-23 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 9/2/99 17_/2/99 AGENDA ITEM DEC 1 ~ 1999 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION ! ~.~ CTION II 'SECTION II! .SECTION IV SECTION VI SECTION VII LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION ~'ROJECT DEVELOPMENT rRESIDENTIAL DISTRICT VILLAGE CENTER/CLUB DISTRICT PRESERVE DISTRICT GENERAL DEVELOPMENT COMMITMENTS 1-1 2--I 3-1 ,4-1 6-1 7-1 EXH!B!TA EXHIBIT.B WINDING CYPRESS MASTER PLAN 0NilsonMiller File No. 13-0506-22) .I.EGAL DESCRIPTION DEC 1 1999 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Ban'on Collier Company, its successors and assigns (the Developer), to create a Planned Unit Develcq3ment (PUD) on 1,92B.~ al:res of land located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 'l'ownship 51 South, Ra~ 26 East, Collier County, Florida. 'l'he ~rne of 1his Planr~ Unit .[3e~lc~ne~ shall be Wa~ling Cypress. The deve~ of tArmding Cypress will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Residential Fdnge Subdistdct as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban 'Residential Fdnge Subdistdct is to'provide transitional density of 1.5 ,acre-base'~lensity).and'the =gricultuml/rur-al~a'ea$ to ~e-east -(one unit p..r five-'ac~....,. ~.~. 3t~e ~-'mwm~ar~gemem~qan quai-~es'me sut)ject proper[y, and~'~mject is ~pianned-~r ~ development shall be fully responsible for all necessary water management improvements, including the routing 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 area. 3. ~ ~~ ~ with~ ~ ¥~e ~ Distr~ are consistent. ~ fl-~e --PUD Neighborhood Village Center Subdistdct of the Future Land Use Element. 4. Winding Cypress is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of Winding Cypress will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the FLUE. Winding Cypress is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This Ordinance shall be known and cited as the '~NINDING CYPRESS PLANNED UNIT DEVELOPMENT ORDINANCE.". DEC 1 1999 Pg. (_'~ ]-] 1.1 1.2 1.4 SECTION I I ;GAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the legal description and ownership of Winding Cypress, and to describe the existing conditions of the property proposed to be developed. LEGAL DESCRIPTION The legal description of the Winding Cypress Planned Unit Development property is attached hereto and incorporated by reference herein as Exhibit Company, a ;Flodda General :Partner. ship, whose ~eddress ~is-.2600 :Golden _.G_ate .Parkway, -'~urte-z~,~aples~L-,azr11:~. '-~ma',ea owne'rsn~p mTOtmat'~ *S~ GENERAL DESCRIPTION OF PROPERTY The project site is located in Sections 26, 34, and 35, Township 50 South, Range 26 East, and Sections 2 and 3 Township 51 South, Range 26 East, and is generally bordered on the west by the C.R. 951 canal, the Florida Water Services =, ,n...- the ~o,"th by ~C,,'TOW ~ ~akes, C.R. ~I, ~r'~ Lely, A Resort, Community ,,., .... Sabai Palm Road, a plant nume~, and single family residents; on the ~st by Agriculturally zoned and unplaced prope~, the Pi~yune State Forest, and Naples Rese~e Golf Club PUD; and on the south, the U~. 41 ~nal, U~. 41, agriculturally zoned prope~y, Greystone Trailer Pa~, and a small convenience commercial store. The location of the site is sho~ on Map A of ~ ~ndmg Cypress Application for Development Approval. The zoning classification of the subject property at the time of PUD application is "A' (Rural Agricultural). Co Elevations within the site are approximately 12.0 feet-NGVD and a minimum elevation of approximately 4.0 feet NGVD. The site is located in Zone X for the northern half of the project and AE-7 for the southern half of the project (FEMA FIRM Map Panels No. 120067-061D and 120067-0620D, dated June 3, 1986). Topographic mapping is show~ on Map C of the Winding Cypress Application for Development Approval. Previous and existing activities on site are pdmadly related to agriculture and hunting. The site has been, and is currently used, for cattle grazing and has active hunting leases in place. AGENDA DEC 1 1999 1.5 1-2 The soil types on the site generally include Holopaw fine sand, Malabar fine sand, Oldsmar fine sand limestone substratum, Pineda fine sand limestone substratum, and Boca fine sand. Soil Conservation Service mapping of soil types is shown on Map E of the Winding Cypress Application for Development Approval. Prior to development, vegetation on site pdmadly consists of upland, wetland, and exotic species. Detailed vegetatim'~ mapm~ is ~ ~ ~ F of 1he Winding Cypress Application for Development Approval. The project site is located within the Henderson Creek sub-basin, as depicted within the Collier County Drainage Atlas (May, 1996). The Stormwater Management Master Plan is shown on Map I of the Winding Cypress Application for Development Approval. DEVELOPIIEI~I'r OF REGIONAL IMPACT pursuant to ~Section 380/06,--Florida Statutes,.as a Development of P. egional Impact (DRI). Winding Cypress is to be developed on 1,928___ acres in southeastern Collier County. The number of dwelling units proposed to be constructed is 2,892 units. The gross project density, therefore, will be a maximum of 1.5 units per acre. DEC 1 q 19o 9 2-] 2.1 2.2 2.3 SECTION !1 PROJECTDEVELOPMENT PURPDSE The purpose of this Section is to generally describe the wlan of dement for Winding Cypress, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES W~ing Cypress, a master planned community, will include a range of single ,o,,,,,y ..,,d,,,~,,.-,..,,,,,y housing and goff-related amenities, along .... ~,,,,~'", a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, -community meeting rooms, small scale ~r,.eighborho~d .cc, mn",.e r~ml zjm-3r'-.d.servic, es, -3nd .3 mcr, cation ,center. be determined at the time of Preliminary Subdivision Plat approval with adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Winding Cypress shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD .Ordinance, applicable sections of the/.DC and Collier C~)unty Growth Management Plan which are 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 this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC, that is otherwise applicable, shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to Division 3.15, Adequate Public Facilities Code of the Collier County Land Development Code. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. DEC 1 1999 2.4 2-2 All conditions imposed herein are part of the regulations which govem the manner in which the land may be deve,~,ped. Division 3.2, Subdivisions, of the LDC shall apply to VVinding Cypress, except where an exemption is set 'forth herein, ~3r otherwise granted pursuant to LDC Section 3.2.4. Division 3.3, Site Development Plans, of the LDC shall apply to Winding Cypress. except where an exemption is set forth herein or otherwise granted pursuant to LDC Section 3.3.4, COMMUNITY DEVELOPMENT DISTRICT The Developer may elect to petition to establish a Community Development Distdct (P__.,DD) to provide and maintain infrastructure and comrnunfty facilities needed to serve the :Project. The -CDD will c~nstitute a timely, ~3~ficient, effective, responsive proposed Development. Such infr. astmcture, aas ~ill-~e ~tructed, ~ed mhd wmancea~ suc~ a-c:t:~, shaft'-ce ~'~o, an~-,jt~mi ~..~ ~ ~..,,.,,,o;~.~, The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the Jandowner for the timely .and s~.~tai,'-,3d ~,,.,,,~,, of cr..'ality infrastr',~'t~,um under ~ te,.,~'Trm end,,,.,,-,,,,,~,,~'--,,--~,-,--- ,.,,,,~ County development approval. The area of land which will be within a CDD is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as one functional inter- related community, and is amenable to separate special district government. Establishment of a CDD is not inconsistent with the Collier County Growth Management Plan. There will not be any incompatibility bet',-;ccn systems. facilities and services that may be provided by a CDD and similar systems, facilities and services which may, as of the time of Planned Unit Development zoning approval, be provided by a local or regional govemmental entity (both as to capacity and use). A CDD is a legitimate alternative method available for use by private and public sectors under state law to manage and finance basic systems, facilities and services for community development. Any developer obligation in the development order or Planned Unit Development zoning documents may be undertaken alternatively by a CDD if related to the special powers of the CDD. ,~ENDA DEC I 1999 2-3 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during -Preliminary Subdivision Plat approval. The Developer reserves the dght to request substitutions to Code design standards in accordance with -Section 3.2.7.2 of the LDC. The Developer retains the fight to establish gates, guardhouses, other access controls, signs and monuments (per Section 2.18 of this document) as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. A. Roadways within Winding Cypress shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section '3.2.8.4.16.5. - Street right-of-way width: The minimum ~ght- of-way width to be utilized for a local street within Winding Cypress shall be forty (40) feet. LDC Section 3.2.8..4.16.8. - Intersection radii: .Street intersections shall be prowaea w~h a mlmmum ota twentyTZ~) 'root raamus ~race or cum) "rot a~ inzerna~ proJecz streetS aru~ a project LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way ~-a~lius ~ t,-e ut~li-zed shat( ~be fiff'y-fr-,r~e (55) feet. it is the intent of the developer to create a safe, convenient and attractive pedestrian circulation system throughout VVinding Cypress. To enable the design of this system to respond to site specific conditions such as the retention of native vegetation and master plan features, and to avoid the construction of sidewalks which serve no function, flexibility is needed beyond that provided by the LDC. Therefore, sidewalks and bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: LDC Section 3.2.8.3.17.2. - The Winding Cypress primary mad system shall be considered a minor collector street and shall have a minimum eight foot (8') wide pathway on at least one side of the street that will meander in and out of the dght of way. This pathway will serve both pedestrians and bicycles. The pathway will be designed to provide direct access from all residential pods adjoining the primary road system with marked road crossings at appropriate locations to serve the pods on the side of the road opposite the pathway. LDC Section 3.2.8.3.17.3. - Internal local streets other than the minor collector or cul-de-sacs shall have a minimum six foot (6') wide pathway on one side of the street. These pathways will interconnect with the primary road pathway at appropriate locations. /Jr.F--- DEC 1 1999 2-4 2.6 2.7 2.8 LDC Section 3.2.8.3.17.3. - Cul-de-sacs shall nCr.,t be required to have a sidewalk or pathway provided the following condition is satisfied which will enable the street to serve this function; otherwise they shall have a five foot (5') sidewalk or pathway on one side of the street: a) the right-of-~y section shall include 'two '[welve foot (12') wide travel lanes, with two foot (2') cur~, and the gross density of the cul-de-sac shall be less than two (2) units per acre. LAKE SETBACK AND EXCAVATION An excavation permit will be required for the proposed lakes in accordance witt. Division 3.5 of the LDC and SFWMD Rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) ~'urb 'to the ~edge of *water. Upon approval by ~the Planning ~Services Director. .equal substitutes to the non-mountable (barrier) curb .will be .allowed. The minimum take setback from lakes to the ~Project boundary shall ~ 20 feet to the acre may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of offsite fill and rock from Winding Cypress shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. Carnmerc. ial_ _e _xc_.~_ v-al_mn _and _~fLsJIe b~,!ing mf ~[p Io 5DD~n_nD C~_LhjC y~rds of rock and'fill materials shall :be a 'permitted use within this PUD subject to the receipt of a commercial excavation ~permit which shall be administratively processed by the Planning Services Director. USE OF RIGHTS-OF-WAY Utilization of lands within all internal project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations. MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Winding Cypress. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that ~e (5) dry models shall be allowed within the project's sales center area, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. , DEC 1999 2-5 2.9 Co4E-6, and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility s).~tem at the time it becomes available. CHANGES AND AMENDMENTS 'TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may .be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Winding Cypress Master Plan upon written request of the Developer. A. =The following limitations shall apply to such requests: The'minor 'change 'or ~efinernent shall -be consistent with ~the Collier County The minor_change or re/inement shall not constrtLrte a substantial change pursuant to ,.~ection-~z.~ .-~d~.'! ~ me-~C. 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. Reconfiguration of lakes, ponds, canals, or other water management facilities, where-such changes are consistent with the cdteria of the South Flodda Water Management Distdct and Collier County. Internal realignment of rights-of-ways, other than a relocation of access points to the PUD itself, where water management facilities preservation areas, or required easements are not adversely affected or otherwise provided for. Reconfiguration of parcels and golf course where preservation areas are not adversely affected. Changes due to SFVVMD, U.S. Army Corps of Engineers, or other environmental permitting agencies. Co Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations pdor to the Planning Services Director's consideration for approval. N3ENDA rrF_U 13F_.C 1 q 1999 2-6 Approval by the Planning Services Director of a minor change or refinement may occur independently from and pdor 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. taost common area maintenance wilt be provided by a CDD or a properb/ owners association, or a governmental agency. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, the Developer shall create a property owners' association or associations. whose functions shall include a provision 'for the .perpetual maintenance of common facilities and c~pen spaces. A CDD or the property owners' association, as applicable, shall be responsible for 1he operation, maintenance, and 'management of~the surface ~r n~_ ~ _merit _ _~y~e._ n~_ _~ncl ~n~s ~,arving ~Jh'~cling Cycmess, ,in .accordance .with ~he-_pr_ovisions ,~f **Collier County ~i~.a'nce ~lo..90-48 :and ~esolution ~o. 90,292, together Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Winding Cypress. The following standards shall apply: Landscape J3erms shall .have the fellowing maximum side slopes: 2. 3. 4. Grassed.ben"ns 3:1 Ground covered berms 2:1 Rip-Rap berms 1:1 with geotextile mat Structural walled and stacked rock berms - vertical Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest residential structure within the development. If a fence or wall is constructed on a landscaped berm which includes materials to minimize the visual impact of the wall, the wall height shall be measured ~ the top of berm elevation and shall not exceed eight feet (8') in height. Upon submission of a typical cross-section, aerial, plan view, landscape plan and vegetation removal permit application, the Planning Services Director may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Winding Cypress PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, aH such areas must be included in an easement or tract on final plats, or identified in a separate recorded instrument. Do Fences or wails may be p4aced zero feet (0') from infernal rights-of-way, provided that shrubs are provided in the rights-of~y, pumuant to Section 2.7 of this PUD kGENDA ITF. M O0 DEC 1 1 .9 ... 2-7 2.13 Document, and may be located five feet (5') from project perimeter, and two feet {2') from a preserve area. Fences and walls which are an integral part of security and access control structures, such as gate houses and control gates, shall be subject to the height limitations for principal residential stru~ures. In the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are permitted in landscape buffers/easements. Landscape berms located within the Winding Cypress PUD boundary ancl contiguous to a property tine and/or right-of-way tine may be-consu~cted such that the toe of slope is located on the property tine or within a right-of-way when approved by the applicable owner or agency. Internal recreational and community facilities do not require perimeter buffers exceptTor oounc3anes contiguous to res,3ermal tracts. Fill storage is generally permitted as a principal use throughout Winding Cypress. Fill material may be transported and stockpiled within areas which have been disturbed (farmed) or are shown as development areas on an approved Preliminary Subdivision Plat. Prior to stockpiling in these locations, the Developer shall provide wdtten notification ~3 the Plan~r~3 Servicc-s Director. ResPa{ are'-~ 25 ~ ~ {ess, ~-~c~udir~j footprints, shall be allowed to be cleared pdor to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or Site Development Plan. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 Co Stockpiles areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC, Division 3.7. PREUMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. AGENDA DEC 1 1929 2.14 2.15 2-8 AGRICULTURAL. ACTIVITIES The site is currently undeveloped or used for cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will t)e phased out as development occurs within individual parcels. GENERAL PERIm'TJ~ USES Certain uses shall be considered general permitted uses throughout the Winding Cypress PUD except in the Preserve Areas, unless specifically permitted in Section VI of this PUD Document. General permitted uses are those uses which generally serve the residents of Winding Cypress and are typically part of the cow,ton inffa~ or are considered community facilities. 1. ~;.ss~ntial~servic, es as~-et~'th under L'DC, ~Section2.6.9.1. Water management tac~lrttes ancl relatea StTUCtures. 3. Septic system for remote golf shelters. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gateh~, ~ access 6. Community and neighborhood parks, trails and recreational facilities. Temporary construction, sales, and administrative offices for the Developer and authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscapelhardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD, except within Preserve areas. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards: shall apply to principal stn. mtures: - DEC 2-9 2.16 2.17 Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. Setback from property lines: Front: ten feet (10') Side: five feet (5') Rear:. ten feet (10') Minimum distance bet'.','ccn structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. M~ximum height of structures ~ thirty-five feet (35'). 6. Minimumfloor-~area - Nonerequired. 7. Minimum lot or parcel area - None required. however, -the width of'the ~'equired .'buffer shall J3e .increased~~tety to the width of the paved surface of the sidewalk, bikepath or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Winding Cypress development standards, are to be in accordance with the LDC provision in effect at the ti.me Lb_is PUD ~ approve. OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 713 acres in the wetland/upland preservation and enhancement areas. In addition, there are lakes, recreation, buffer and open spaces areas. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC for mixed use development. All acreages identified on the master plan are conceptual, and the Developer reserves the fight to modify the land use boundaries, so long as the requirements of Section 2.6.32 of the LDC are met. This is not to be construed to enable the reduction of any area which was specifically set aside in the application for development approval for preservation, pursuant Chapter 380.06, Flodda Statutes. NATIVE VEGETATION RETENTION REQUIREMENTS The 713_+ wetland/upland preservation and enhancement areas on site fully satisfy the requirements of Section 3.9.5.5.3 of the Collier County Land Development Code. ,I~.NDA FIF.~ DEC 1999 2-10 2.18 SIGNAGE A. GENERAL ,All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within a County dedicated right-of-way, :a right,of-way permit must be applied for and approved. requirements set forth herein and applicable provisions of the LDC. 6. Signs may be allowed in landscape buffers/easements. Entrance and boundary markers may be placed prior to subdivision a~.,,,~,,,-,, provk.-.-.-.-.-.-.-.-.~d a building permit for the ,,-nar~s is placement. B. BOUNDARY MARKERS One boundary marker or monument may be located at the northwest, southwest, and southeast property corners. The boundary marker may contain the name of the community, and the insignia or motto of the Development. The sign face area may not exceed 60 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. Sign face area is calculated by total square footage of name, insignia, and motto only. The setback for the signs from C.R. 951 and U.S. 41 fights-of-way and any perimeter property line shall be 5 feet. Bounda~/ marker signage shaft be ground mounted structure is limited to a maximum height of eight feet (8'). the sign 2-11 PROJECT ENTRANCE SIGNS One ground or wall-mounted entrance sign may be located on both sides of each entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia ~3r motto of the Development. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. The square foot calculation does not include aesthetic appurtenances, such as walls, wrought iron fence, and other decorative elements. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or ,monumentupon which it,s located. The setback 'for-the signs-from C:R. 951 ~and U.S. ~41 fights-of-way and ~ny perimeter property line shall be 5 feet. .ej~jn ~Jt~ F-hr the_.-~'a.._~ ~f .this ~_m-x~v£_eJnn. £~d ~e ~._hal! ~ considered to be no greater than the highest crown elevation of the nearest road. INTERNAL SIGNS Residential and c.ommumty facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights-of-way shall be no less than 5 feet. Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Winding Cypress. Individual signs may be a maximum of 64 square feet per sign face area. Such sign script may have a maximum height of 8 feet. No building permit is required. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 4 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side and a maximum height of 8 feet. Real estate signs with a maximum size of 4 square feet per side in residential districts. Such signs may advertise 'For Sale,' 'Sold To," and/or "Lot #.' No building permit is required. . DECI lg °9 2-12 TRAFFIC SIGNS Traffic signs, such as street signs, stop signs, and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. 3.1 3.2 3.4 3-1 SECTION !!1 RESIDENTIAL DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "R." MAXIMUM DWELLING UNITS A maximum number of 2,892 residential dwelling units may be constructed on lands designated "IR." GENERAL DESCRIPTION ~ ..-~_-~id_en. tia! .Distri~ is _designed to accommodate __a ~JI! ,.ra.~,~-~e_ of .,'-esidentiat d~et!ing types, compatible non-residential uses, a full range of recreational facilities, essential acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. PERMITTED USES A. ND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 2. 3. 4. 5. 6. 7. Single Family Detached Dwellings Single Family Patio and Zero Lot Line Dwellings Single Family Attached Dwellings Multi-Family Dwellings Assisted Living Facilities/Congregate Care Maintenance Facilities DEC 1 1999 3-2 Any other principal use which is comparable in nature with the foregoing uses and which the Plan:Jng Services Director determines to be compatible in the "R" District. Accessory Uses and Structures: 1. Guest houses. Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities. Any other accessory use which is comparable in nature with the foregoing ~s and which ~he PPan~ing S~,,~s Director ~T~etmi~ t'o ~ compatible in the "R" District. boundaries. Multi-family standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with the LDC in effect at the · .,~-.,~,~,~,,,~-~,, -r ,o,, o~,~,.-, or ~o,-¢-liminery,..,,,.,,~.,,~,,,,e, ,~.,~,,i,.~.,,,, P!at 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 those standards of the zoning district which is most similar to the proposed use. Required property development regulations may be approved that are different than those set forth in Table I, subject to the requirements of Section 2.6.27 of the LDC. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon application and payment of fees by the property owner, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the Developer's contractor. The contractor must be approved for the installatio~ by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of appticat~m. 1999 DEC 3-3 Assisted living facilities/congregate care facilities are limited to a Floor Area Ratio (FAR) of 0.45. F~.' the purpose of calculating density when assisted living facilities/congregate care facilities are developed, each such facility's dwelling unit shall be considered to be equal to .33 residential dwelling units. A maximum of 100 residential units may be converted to assisted living facilities/congregate care facilities. DEC 1999 3-4 TABLE I ~--- WINDING CYPRESS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO's & TV~fO SINGLE FAMILY MULTI FAMILY FAMILY ZERO LOT FAMILY & A'FI'ACHED AND DWELLINGS~ DETACHED LINE DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF -3 3,000 SF NA Minimum Lot Width '-' 75 50 35 30 NA Minimum Front Yard Setback (Pnr~ipai and 20 20 20 20 20 Accessory) Minimum Front Yard for Side Entry Garage 12 12 12 12 12 Minimum Rear Yard Setback (Principal) 10 5 10 10 .5 BH Minirm~m Eeer Yard Setback'~ (Accessory) 5 5 5 5 10 Side Ya, _S aok 0 or 0 or7.5 , 0 o .SaH .5 Sari 35 ! Maximum ~Height '2 35 35  35 65 Distance l=tetween _[Principal Structures 15 10 B..~.H: Rui~na I-le'_~lt MinmmJm ~t a~ ~r any un~ ~ ~ ~ ex~. ~ unff ~, a~ ~ ~e ~ni~m ~t a~, s~ll ~ ~ ~~ ~s ~ ~ ~ ~ ~ Cu~ ~Sewi~ ~a~t ~unng an a~li~n ~r a building ~ff. For a, ~ ~ Custo~r ~i~s De~nt ~ ~ appli~on for ~e flint building ~it. ~e ,,I Qis~n~s are in f~t unle~ ~ not~. Any s~m ~ ~n ~o s~s in ~ight will ~in~in a 20 ~t minimum ~i~ing ~a~ F~ ~ s~ll ~ ~ ~n~m ~ ~ ~ ~ ~ ~ a~ ~ aD~l ~m ~ ~, ~ ~ffis s~l ~ ~s~ as ~: A. If ~ ~1 is ~ ~ a ~ic ng~t~, se~ is ~ ~ ~ ~ ~ I~. S~ ~all ~ ~ ~ ~ ~. B. ff~ ~1 ~ ~ ~ a p~ ~d, ~ ~s ~su~ ~ ~e ~ ~ ~ (~ ~) ~ ~ ~ (~ ~ ~). '1 - ~ ~ I~ ~ all ~ u~ ~ ~ 0 ~ ~i~ a~l ~gn R~ C~ a~ P~ P~ ~ ~a~~a~m~,~3~SF ~I~~m~7~S.F. · 5 - Z~ ~t (0~ ~ five f~t (5') ~ni~m ~ ~ ~ ~ ~ ~ ~ ~ ~ as a minimum 10 ~ ~m~ ~ ~ ~ is ~i~ ~ z~ ~t H~. F~ ~ ~ zero ~ I~ un~ ~11 ~ ~ ~ ~ Cu~ ~ ~~ ~ ~ ~ ~ ~ ~i~i~ ~[ ~ - ~ ~ ~m~ (SF) ~ ~ ~ ~ a~ ~ ~1~~ '&Pa~ H~a~ ~~ un~a ~~ ~ (1)~ ~~~~~ ~~ ~a~~ ~ AGF. IV~A ITEM DEC 1999 4-] 4.1 4.2 4.4 SECTION IV VILLAGE CENTER/CLUB DISTRICT 'PURPOSE The purpose of this Section is to ide~ffy permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as '~/C." MAXIMUM SQUARE FOOTAGE In addition to a clubhouse, a maximum of 30,000 square feet floor area, includ'mg retail, office, service and recreational uses may be constructed on lands designated "VC." GENERAL. DESCRIP310N T.h~_. ~a,opr~oxi.~_m-~. e ~Cx,~3.a _.~e ~f t~ V~ ~rt~b Distd~-is ind~t~ on the Maser Plan. The Village ~nter ~o~ion of~his~tdct~hall~e ~siMent ~ith the r~uimments 3.3, and Division 3.2 ms~ively, of ~ LDC. ~e ~lage Ce~er tra~ is d~ig~ to accomm~ate internal roadways, o~n spa~s, lakes and water mana~nt fadings, and other similar uses. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following once Ordinance 97-67 (FLUE EAR Amendments) become legally effective: A. Permitted Principal Uses and Structures: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Accounting, Auditing and Bookkeeping Services (Group 8721 ). Automatic Teller Machines (Group 3578). Amusements and Recreation Services - Indoor (Groups 7911-7929, 7991, 7993, 7997). Apparel and Accessory Stores (Groups 5611-5699). Gasoline Service Stations (Group 5541), no repairs. Automotive Carwashes (Group 7542), except bus and truck washing. Business Services (Groups 7334, 7349). Eating and Ddnking Places (Groups 5812-5813) except drive-through. Food Stores (Groups 5411-5499). General Merchandise Stores (Groups 5331-5399). Miscellaneous Retail (Groups 5912-5963, 5992-5999). Personal Services (Groups 7211, 7212, 7215, 7216 cleaning only, 7217, 7219-7251, 7291-7299). Real Estate (Groups 6512, 6531, 6541 ). Recreation Services (Group 7911) non-indust~ dry DEC 1 lg9g 4-:2 4~ t5. 16. 17. 18. 19. Residential uses as set forth in Section 3.4 of this document including residential units integral to Town Center structure(s) and as frc¢-~anding uses. Frcc standing residential uses shall comply with the development standards set forth in Section 3.5. United States Postal Service (Group 4311 except major distribution center). Video Tape Rental (Group 7841). Goff clubhouse, maintenance facilities, cart storage. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above), and which the Planning Director determines to be compatible in the '%'C" District. 19. Permitted Accessory Uses and Structures Accessory uses and structures customanly associated with principal uses 13ermitted in'this District. ¸2. Customary accessory .uses include, .but ~are lqOt limited to, Tecreational Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the '¥C" District. DE~/ELOPME.N T ST~_g_DS A. Minimum Yard Requirements: 3. 4. 5. Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Maximum height of structures - Fifty feet (50'); except clock towers or similar architectural features, which shall be permitted up to seventy-five feet (75'). Minimum distance between principal structures - Fifteen feet (15') or separation required by local fire code. D. Minimum distance between principal and accessory structures - Ten feet (10'). Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. ,. ? '1 1999 Minimum tot or parcel area - Ten thousand (10,000) square feet. Minimum lot width - Seventy five feet (75'). l=x~._.pt for residential uses, parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of principa! building area. Standards for landscaping and other land uses where such standards are not specified herein or within adopted Winding Cypress design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal stnJctures Development standards for accessory uses and structures shall be as required by -the LDC in effect at the time of at the time of Site Development :Plan Approval. AGENDA I'TE~A 5-] 5.1 5.2 SECTION V GOLF CLUB, GOLF COURSE, AND RECREATIONAL DISTRICTS ;PURPOSE The purpose of this Section is to icletttify permitted uses and development standards for areas within Winding Cypress designated on the Master Plan as "C'-Golf Club, "G"-Goff Course, and 'REC'-Recreational. GENERAL DESCRIPTION Areas designated as "C," 'G,' and 'REC' on the Mast~ Plan are designed to accommodate a full range of goff course and recreational and open ~'l:ra~ ~,~11 as to provide lands for community-related ancillary uses and essential sen/ices. 3~1o 13u~lotng or structure, or p;;n'[~mereo~, sna~l 'De erect'eo, ~ of useo, or~m~3 o~ wet, et used, in Whole A. Permitted Principal Uses and Structures Golf courses, golf clubhouses, golf facilities, maintenance facilities, ddving ranges, aqua ranges, golf teaching facilities including classrooms and temporary golf clubhouses, Tennis clubs, health spas, equestrian clubs, aquatic centers, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds. water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "C," 'G," and'P, EC' Districts. DEC 1 1999 5-2 5.4 Bo Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in these Districts. Pro-shops, pra~ice areas and ranges, goff cart barns, rest rooms, shelters, snack bars, goff course maintenance. Retail establishments accessory to the permitted uses of these Districts such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard COUl'tS, tennis CouTts, swimming pools, and all other types of accessory-facilities intended for outdoor ~ecreation. ,6. Telecommuni.cetions ~facilities -and .~wh~ch -the comp~'ible in ~e "C," DEVELOPMENT STANDARDS A. Minimum Yard Requirements for Principal Structures: Bo Co 3. 4. 5. Front Yard: Twenty-five feet (2.5') minimum or one-half the building height, whichever is greater. Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Any yard abutting a residential parcel: Twenty-five feet (25'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design Minimum Yard Requirements for Accessory StnJctures: 3. 4, 5. Front Yard: Twenty feet (20') minimum or one-half the building height, whichever is greater. Side Yard: Ten feet (10'). Rear Yard: Ten feet (10'). Any yard abutting a residential parcel: Twenty feet (20'). Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Maximum height of structures - F'rfty feet (50'). Minimum distance between principal structures - Fifteen fee{ (15') or--ration required by local fire code. ! Ar~A n'~ I' DE(; 1999 ,='l._ 5-3 Eo F. G. H. I. Minimum distance between pnncipal and accessory structures - Ten feet (10'). Minimum floor area - None ~equired. Minimum lot or parcel area - None required. Minimum distance between all other a~ory structures - Ten feet (10'). Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area of principal structures, which shall be considered inclusive of required golf course parking. Standards for parking, tandsca~ng, signs and other land uses,-where such standards are not specified herein or within adopted VVinding Cypress design guidelines and standards, are to 'be 'in-accordance with Collier County [:and J3evelo.mment .Code in effect .at the time of Site De.velopment Plan Approval. IJnle'ss~other~vise indicated, required yards, heights, and floor area standards apply {33.C 1 1999 6-] SECTION PRESERVE DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within V~nding Cypress designated on the Master Plan, as 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and permitted water management uses and ~fL~--~.t~-~ S. ~6.3 ~PERlalT~-Fn ~.~=S iM~l:) ~S TRUCTb'RES No .building ..or ~stm.ctum, -or..art lhereof, .shall ~ ~,~'e_cted, ~attered or ~J.sed, ~r ~nd _-or ~ater Passive recreational areas, boardwalks, wildlife observation platforms, goff cart paths and nature trails (elevated and at grade), and gazebos. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in 3. Water management facilities. 4. Temporary construction access road. 5. Utility or roadway crossings. 6. Fences and walls. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses, and which the Planning Services Director determines to be compatible in the Preservation Area. 6.4 DEVELOPMENT STANDARDS All structures shall setback a minimum of five feet (5') from the Preserve E)~-ict boundaries and roads, except for pathways, boardwalks, fences, golf cart paths, and water management structures, which shall have no required setback. Maximum height of structures - Twenty-five feet (25'). Minimum distance between principal structures'- Ten feet (10'), AC~.NDA ITEM DEC 1 ~ 1999 6-2 6.5 D. Minimum distance between accessory structures - Five feet (5'). E. Minimum floor area - None required. F. Minimum lot or parcel area - None r~irecl. Standards for parking, landscaping, lighting, signs, and other land uses, where such standards are not specified herein or within adopted Winding Cypress Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless othen~ise indicated, required yards, heights, 'and'floor area standards apply to principal structures, ~PRE~VE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation .easement or ,platted tract, ~t~hichever Js ~ble, is ~ui~d for ~~ion I~s ~nci~ed in ~ ~~tion Area. T~ ~elo~r shall ~ AGENDA ITEM 7-1 7.1 7.2 7.3 '7.4 7.5 SECTION Vll GENERAL DEVELOPMENT COMMITMENTS PURPOSE The puq3ose of this Section is to set forth the general development commflments of the Developer within Winding Cypress. GENERAL Ail facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations r~,o., ,~ ,,., ..o ouuu,,,,~,u,, ,.,, ,,.= ,o,,,~, ~,.,..,.~,, -,.. ........ ~ ........, otl~n,vise set fodt~ in this document, or as otherwise approved by Collier County. Ail state and federal -t~rmits shall be ~effective ,according 'to 'the ~stipulations :and conditions of ~ permitting .agencies. Fir. al master plans, final site .de~Jopment ~lans or final subdivision.,olats, and standem's ~and :specifications ~3fthe .Collier County Land .Development Code relating to the -!.n.--~-M~j_,or~.., *_ .~e...~lez4e-r ~n;..r~.. ~...l;~..rec.~..~a~ t' ..~'..~-nf ~t~. P-tJD.d~umem,.as.adapt, ed,.atong with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer shall be bound by said documents, commitments, and stipulations. An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. TRANSPORTATION The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrances onto CR 951 (North-South) and US 41 (East- West) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. Connection permits shall be required for all temporary construction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. WATER MANAGEMENT A South Flodda Water Management Distdct (SFVVMD) Environmental Resource Permit will be required and obtained. AGENDA ITEM DEC 1 1999 '/-2 ENVIRONMENTAL The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas pursuant to Section 6.4. Based upon final environmental permitting there may be adjustments to the proposed preservation ar~as. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Winding Cypress PUD, the Environmental Impact Statement (ELS) submitted in conjunction with the application for public hearing for PUD Rezone shall serve as the ElS and the requirement for obtaining approval of an ElS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all require County permits for or County approval of development or site alteration. If the'Preservation Areas' boundaries significantly change, the County may require Do Petitioner shall comply with permit conditions and stipulations contained within U.S. Army Corps of Engineers and SFVVMD permits issued for Winding Cypress which concern protected wildlife species. The Preservation Areas incorporate wetlands as well as buffers. The Project will be cor, sistent.,,,,,'-'~" .,,~m~'u~..,.,,.. ,=,,,.,"'"~ ,.,...,." ~ A,,,my CC.'ps pe,m~itting ~qteria, including ar~, wetland buffering requirements. For these reasons, no additional .buffenng contiguous to the Preservation Areas will be required. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Fish and Wildlife Conservation Commission Gopher Tortoise Relocation Permit or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. Gopher Tortoises shall be relocated per Collier County LDC criteria. Alt con--on areas shall be recorded as conservation/preservation tracts or easements with protective covenants pursuant to or similar to Section 704.06 of the Florida Statutes. Conservation areas, including those that are recorded on a plat, shall be dedicated to the Developer for the responsibility of the control and maintenance of lands within the Preservation Area. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to the Current Planning Environmental Staff for review and approval pdor to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. DEC 1999 7-3 7.7 UTIUTIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, except as may be provided in Section 2.5 of this Document, Bo Upon completion of the utility facilities, they shall be tested to insUre they meet Collier County's utility construction requirements in effect at the time construction plans are approved. All ' ,-,,, customers connect{nc~,'- the potable water<,,,.,--" sanRa,-y 'sewer system :shall be customers of the County, except as may t)e provided in Section 2.5 of this document. :Existing vegetation will be saved where ~ossible; therefore, the County owned ?deflecting-the .~ipe or.using'fittings in-accordance .with -~he.C. oilier-County./Jtiiities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. Landscaping and sidewalks will be allowed within the right-of-way/County utility easement (R_O.W./C.U~_) and aver ~he C. Dunty pwned ~ ~r maJr,.s and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W.IC.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. The Collier County Public Works Department will not be responsible for the repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by the Developer within the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility of the Developer. This clause will be shown within the homeowners' association documents anol on the construction plans. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BEC) and the forcemain will be located a minimum 5 feet off the Bec. The minimum distance from the Bec to the right-of-way line will be 13 feet. Go For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the Bec to the right--of-way line will be 8 feet. DFC 14 {999 ?-4 7.8 7.9 For the County owned potable water mains and forcemains located along the main roadway, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway section without a median, the minimum distance from the BOC to the right-of-way line will be 15 feet. F~3r the main roadway section with a median, the minimum distance from the BOC to the right-of-_way s. _ha!! be 13 feet. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non- potable sources, Ali irrigation water source permitting shall be coordinated with SFWMD. ENGINEERING Design and construction of alt improvements shall be subject to compliance with the appropriate 'provisions of ~he Collier County Land Development Code, .Di~/ision 3.2. POLLING PLA~"ES Pursuant to Section 2.6.30 of the LDC, provisions shall be made for the purpose of accommodating the function of an electoral polling place if deemed necessary by the Supervisor of Elections. AGENDA~ DEC 1 lggg pt. EI31XB]~ B thm:c dong tim south line ofnid Sectioa 2 North 87'01'52' West 271B.04 feet to the South Quarter Com~ of'mid theme cmtinuing akmg said ~ North 89o27, 14' West 234.04 feet; thcnc~ leaving said lin~ North.54°21 '33.'....W. cs~802.~ ~ ...................... ~ thm~e North 20~!4'5J'' East 2036.85 fee~ then~ S~uth gq'iS' 14' East 60.00 fe~t m a point m · ~ lying 60 f:Bet east of the West Line ofmid Sm:tion 2; thrace along said line ~ Noflh4}0°44'46~ East 1350.52 feet to · point on the North Line of Section 2, said point on a li~ lying 60 East of the West Lin~ of said Section 35; thence along said line North 00~50'06~ East 2614~6 feet; thence continuing along said li~ North 00°52'55~ East 2619.36 feet to a point on the Noflh Line of said Section 35; thence along said line South 89°33'56~ East 40.00; thence leaving said line North 00°50~24" East 2633.1 l; then~ Ne~h 00°~0' I r F, mt 2604_~9 feet m n po/hr on the Somberly RigM of Way Iii ofSdml PMm Road: thence along sum Right of Wry ~ 89°37'40'Emt 2J41.91 feel; Section 26; thence cmtinuing along mid line ~ 00°15' 12" Fast 2636.g2 feast to the Southeast Com~ of said ,qection 26; thcnce alm~ the East Line of'said Section 35 South (X)'24'~ i' West 26383.6 feet to the Esst Quart= Comer of said Section 35; thence co~timins aloq said line South oo023'49= West 26~7.99 n~ to the Southeas~ Comer of said Section thenoD along the Eas~ Line of said Secfioa 2 Soud~ 0O041'03- West 2801.67 feet to the East (~Juafler On~ of id Section 2; thence continuing along said line South 00°41'0~ West 2/50.09 to the Southeast Corner of said Section 2 and the Pn~d Contnim 1922.S acres more or less. Bea~ngs ~ ~ on the east line oldie south Imlfof Seclion 2 ~ S(x~ 02'4 r05- wel. ITEM DEC t ~ 19P.q ,I ALSO INCLI. IDING ~ FOLLOWINg: PARCEL ~: EOl~dl~qC~ ~t~be Suu~w~ Oomu-~ ~ ~ - ~- thence alm~ tim WestLim of said Section 35 Somh 00°~'3Y' West 674.12 feet; Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B"); thence along said line South 00052'55'' West 1 i 10.23 feet; ~ ~ 35~J9'0~ ~ast 17~97 ~ Ceflificate of amhorizalion #LB-43. No~ Valid u~kss~mbossed with the I~)kssioad's scsi. Ref. IGG-18 W.O.: N7522-007-O03-MAB~ Dmc June 1:5, 1999 PAGE2 OF2 EX~CUTIV~ SUMMARY PUD-99-24, ALAN D. REYNOLDS, AICP, OF WILSONMILLER, INC., AND IL BRUCE ANDERSON, OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, REPRESENTING G.-4 PARTNERSHIP, REQUESTING A REZONE FROM "A" AGRICULTURE AND "RSF-3" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS PINE RIDGE COMMONS FOR A MAXIMUM OF 275,000 SQUARE FEET OF RETAIL COMMERCIAL AND OFFICE USES FOR PROPERTY LOCATED ON THE NORTHEAST QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD AND GOODLETTE-FRANK ROAD, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 31+ ACRES. This-pefifion-seeks-to-rezone-certain land'now zoned "A" Rural Agricultural with "ST" overlay and 'CONSIDERATIONS: The property is located on the northeast comer of Pine Ridge and Goodlette-Frank Roads. The site contains thirty-one (31) acres of land. This rezoning action is intended to bring about a mixed commercial development which will include retail/services and office uses. The total amount of floor area is to be regulated at 275,000 gross square feet. The planned aggregation of commercial uses will be accessed from both Pine Ridge Road and Goodlette-Frank Road. The road from Goodlette-Frank traverses the northern portion of the project fi.om west to east and affords access to Pine Ridge Middle School. The most northerly tract will be limited to office uses while property lying south of this road will be used for retail/services and office uses. The following consistency analysis is made for applicable elements of the GMP. Land Use - The property is located within the Goodlette-Pine Ridge commercial infill sub-district as identified in the Future Land Use Element of the GMP and on the FLUE Map. The intent of this sub- district is to provide mixed commercial development for the surrounding residential areas by providing convenient travel times and development intensity to ensure compatibility with surrounding land uses. An analysis of the uses proposed together with design guidelines and development standards supports the conclusion that the proposed PUD regulatory document and master plan are consistent with the goals and objectives of the Goodlette-Pine Ridge c~mercial infill sub-disllict. TratTm Element - Based ma staff's analysis and the analysis in the TIS~ the. site genexated trips exceed the significance test standard (5 percent of the LOS "C" design volume) on Pine Ridge Road (C.R. 896) east of Goodlette~Frank Road. However, this segment is projected to operate at an acceptable level of service at built-out. Therefore, this segment is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The segment of C.R. 896 west of Goodlette-Frank will not exceed 5 percent of its LOS "C" standard at build-out. However, this segment of C.R. 896 is projected to be deficient by 2004 after build-out. The site generated trips will also not exceed the significance test on Goodlette-Frank Road (C.R. 886) south of Pine Ridge Road. This segment is projected to be deficient by 2006. Lastly, the site generated trips on the segment north of Pine Ridge Road will not exceed the significance test at build-out. It should be noted that this segment is projected to be deficient by 2000, however, thru segment is scheclUleCl Ior ~mprovement by ~2~102. ~mce me site generatea trips will not lower the level of service below any county roads adopted LOS "D" standards; this petition is "-consistent with Policy 5.1 and 5.2 of the Traffic Circulation Ele, me~ (TCE). The TCE lists Pine Ridge Road (C.R. 896) as a 6 lane arterial east of Goodlette-Frank Road. The current traffic count for this segment is 44,368 PSDT and is operating at LOS "D". This segment is projected to be deficient by 2008. C.R. 896 west of Goodlette-Frank Road is a 6-lane facility with a count of 35,988 and is currently operating at LOS "C". In addition, C.R. 896 is a 6-lane facility with a projected count of 41,678 at build-ont. This count results in LOS "D" operation. Lastly, Goodlette- Frank Road south of C.R. 896 is projected to operate at an acceptable level of service at build-out. As a result, 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. Open Space Element - A provision in the PUD provides that the open space requirement of the LDC, namely thirty (30) percent of the site area will be used for a qualifying open space purpose. This requirement will be monitored during subsequent permitting phases. Conservation Element - A provision in the PUD provides that the threshold for native vegetation preservation requirement in the LDC will be achieved. However, given conditions of the site, namely its minimal amount of native vegetation this preservation requirement is insignificant and essentially will result in the preservation of a small wetland area in the northeast portion of the site. Sewer, Water Element - The County's sanitary sewer and potable water supply systems will be extended into the property and subsequently upon their acceptance will become part of the County's system. Considering the infill nature of this development it contributes to the proposition that existing county utilities should first be maximized prior to extensions into non-urbanized areas. The above discussion deals with revenue streams. A fiscal impact analysis is incomplete without an estimate 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 devetopme-nt project. ~Such a model in om- opinion -~meatd be tembty mislead/rig t,~cax~e llaere 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. Cex~tain LOS standards apply countywide versus roads which may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: -~ns~.~-~l~-~, be xx, mi~temwiz'n aii~rovisions o~ me Lmya, tn Management 1-'lan can not have an impact on 'the-Ctiiier-'County tirowtl~ Management -Plan. This petition was reviewed for c, on_sistency and was found to be. consistent with all prm4sions 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 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 PLrD-99-24, subject to the conditions of approval that have been incorporated into the PUD document. EAC RECOMMENDATION: This petition did not go before the EAC inasmuch as the petitioner requested and received a waiver of the requirement to file an EIS due to the characteristics of the property. FISCAL IMPACT: At build-out based upon authorized uses and planned intensity of development, the following revenue stream is estimated: ! .m. pact Fees Roads (a) Mixed Commercial (Retail/Offices/Services) 275,000 sq. ft. q- 1,000 x $5,000 (averaged) = $1,375,000.00 2. Fire - 275,000 sq. ft. x 0.30 = $ 82,500.00 Surcharg~ (a} Radon Gas = 275,000 ~q. ft. x .005 = $ (b) Bldg. Code Admin. 275,000 sq. ft. x .005 = $ (c) ~viicro fiim (est.3 permits) = $ (d) Electronic Conversion = $ 1,375.00 1,375.00 4.5V 25.00 5. Correctional Facilities - 275,000 x $1.25 (averaged) $ 343,750.00 TOTAL IMPACT FEES $1,776,530.00 Because impact fees vary by type of commercial development, and because this approval does not provide this level of specificity as to the actual type of use, the total impact fees quoted above are at best raw estimates. Additionally, it should be appreciated that there is not guarantee that the project at build-out will have maximized their authorized level of development. In addition to the impact fees described, there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally offset the cost of administering the community development review process, whereas utility fees are based on their proportionate share of impact to the County system. Impact fees are currently being reviewed to determine if adjustments are required to more accurately reflect the impa~ of particular development on County provided se, r~rices. Finally, additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. AGENDA ITEM 7-K TO: MEMORANDUM C0!_I_~IF.R COLLNTY PLA__NNLNG COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL DATE: NOVEMBER 3, 1999 PETITION NO: PUD-99-24, PINE RIDGE COMMONS OWNER/AGENT: Agent: Mr. A/lan D. 'Reynolds, A1CP Wilton Miiler,.Inc. ' "32C,,3~ii~y Lmt~,7Suitx: 200 INk[plt~$, l-,lOrloa ~IU3 Mr. George Vamadoe Young, vanAssenderp, Vamad0e & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 G-4 Partnership 2600 Golden Gate Parkway, Suite 200 Naples, Florida 34105 REOUESTED ACTION: This petition seeks to rezone certain land now zoned "A" Rural Agricultural with "ST" overlay and RSF-3 Residential to the "PUD" Planned Unit Development District. GEOGRAPHIC LOCATION: The property is located on the northeast comer of Pine Ridge and Goodlette-Frank Roads. The site contains thirty-one (31) acres of land. (See location map following page). ../7 o- PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 18, 1999. They una~mous!y reco~ approval of Pe, tition PLrD-99-24, as de~6bed by the. Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). No person spoke or otherwise communicated any opposition to this petition; therefore it qualifies for placement on the BCC Summ~gen~. 'P~ARE~ BY: CURRENT PLANNING MANAGER DATE .REVIEW'ED BY: PLYING SERVICES DEP~TMENT DIe.OR VINCENT ~ CAUTERO, ~CP, ~MINIST~TOR CO~~I~ DEV. ~D E~RONME~ SVCS. DATE DATE g/admin/PUD-99-24/EX SUMMARY/RN/im PURPOSE/DESCRIPTION OF PROJECT: This rezomng action is intended to bring about a mixed commercial development which will include retail, services and office uses. The total amount of floor area is to be regulated at 275,000 gross square &¢:. Ti-xe ~pimmed aggrega~crn of eoria,,erciat uses w-iii be accessed fi-om both Pine Ridge Road and Goodlette-Frank Road. The road fi.om Goodlette-Frank traverses the northern portion of the project from west to east and affords access to the Pine Ridge Middle School. The most northerly tract will be limited to office uses while property lying south of this road will be used for retail/ services and office uses. SURROUNDING LAND USE AND ZONING: The sile is undeveloped and has been altered by past agricultural usage. A majority of the site has been cleared of native vegetation and an extensive network of ditches and beams were constructed to support ~ts ~cal ~~1 usc. ~,,~, property is zone "A-ST" Rural Agricultural with an "ST" overlay fin the northeastern portion of the site (i.e. 0.9 acre~). Surrounding: North - To the north the land is undeveloped, however a Site Development Plan has been approved for construction of a church. The property is zoned "PUD" as p.art of the 300 Acre G.o.odlette-lrrank PUD. East The east side of the property is developed. This development includes the Pine Ridge Middle School, Naples Area Board of Realtors and the North Naples Fire District Station South - To the south the property is bounded by Pine Ridge Road a six lane arterial street. Further south lies a residential neighborhood. The land is zoned PUD (Northlake PUD). West - To the west the property is bounded by Goodlette-Frank Road, a county arterial road. Further west lies the Pine Ridge residential neighborhood generally zoned RSF-1 and Agricultural. Conservation Element - A provision in the PUD provides that the threshold for native vegetation preservation requirement in the LDC will be achieved. However, given conditions of the site, namely its minimal amount of native vegetation this preservation requirement is insignificant and essentially will result in the preservation ora small wetland area in the northeast portion of the site. Sewer. Water Element - The County's sanitary sewer and potable water supply systems will be extended into the property and subsequently upon their acceptance will become part of the county's system. Considering the infill nature of this development it contributes to the proposition that existing county utilities should first be maximized prior to extensions into non-urbanized areas. Surface Water Management Element - The proposed surface water management system will serve a 30.65 acre commercial Planned Unit Development. The system will consist largely of one drainage area which will utilize wet detention (lakes) and dry detention (swales) and under parking infiltration to provide the required water quality and quantity storage volumes. The ,.wetland on the site combined with ~a lake will receive stormwater ami assist in water quantity storage of storm water .~..noff. ~_~. ~ ~,~ ~,~..~s~_a_d .-ore, and flow ~.v.i!l convey mn-off to the ~.erage ~a-eas. Uncent, rol!ed '-qli~'u-imrgesr°ff-,site-:Wiii be .prevemed by ~consrmetion ox site perimeter oerm. Limite~ eorrtroneti 7aiscnarges ~111 De aRallle4l ,tllro!l~ll tile rise ota control structures located on the project's western bo_urvi._a.w. Th.e~ d/se. barges wi!! auffa!! into the erdsting Gordon Piver ditch system within the Gordon River Extension basin. The north area access road may be shared with the Pine Ridge Middle School. If the access is shared the north area access road right-of-way will be considered a separate drainage area serving as an extension of the existing Pine Ridge Middle $¢_h_ooJ w_a_ter ma_n_a, gement sy$~tem. Water qualiW and quantity attenuation of the mn-off generated within the proposed right-of-way will be addressed by the school's on-site water management system. A second controlled, outfall serving the proposed right-of-way to the school and the existing school's surface water management system will be located along the subject property's western boundary and discharge into Gordon River Extension drainage ditch. If the access is not shared, the right-of-way and the north access will be incorporated into the water management design of the overall project. At the time of construction, the final surface water management system will be designed in accordance with all applicable County, State and Federal criteria. Storm Surge Vulnerabili _ty - The property lies within a Category 3 storm surge vulnerability zone and is located in zone "X" of the National Flood Insurance Rate Maps (FIRM). Staff advises that the project is likely to remain outside of the flood plain upon adoption of new FIRMS. Analysis of applicable consistency relationships advise that this rezoning action if approved would be consistent with applicable elements of the GMP. GROWTH MANAGEMENT PLAN CONSISTENCY: The following consistency analysis is made for applicable elements of the GMP. Land U~ - The property is located within the Goodtett¢-Pinc Ridge commemiat infitt sub-district as identified in the Future Land Use Element of the GMP and on the FLUE Map. The intent of this sub- district is to provide mixed commercial development for the surrounding residential areas by providing convenient travel times and development intensity to ensure compatibility with surrounding land uses. An analysis of the uses proposed together with design guidelines and development standards supports the conclusion that the proposed PUD regulatory document and master plan are consistent with the goals and objectives of the Goodlette-Pine Ridge commercial infill sub-district. ~ - Based on staff's analysis and the analysis in the TIS, the site generated trips exceed the significat~ test standard (5 pew~nt .ofthe ..LOS "C" design volume) on Pine Ridge Road (CR~ 8.96) east of Goodiette-Frank Road. However, this segment is projected to operate at an acceptable ~ievei of service at~tfiid-ouL --i nerelore, this segment ~s -consistent ~th ~Pohcy 5.1 ._and ~.%2 of the Traffic Cimulation Element (TCE). The segment of CR-896 wt~t of C_roodtet~Frank tLna_d wilt not exceed 5 percent of its LOS "C" standard at build-out. However, this segment of CR-896 is projected to be deficient by 2004 after build-out. The site generated trips will also not exceed the significance test on Goodlette-Frank Road (CR-886) south of Pine Ridge Road. This segment is projected to be deficient by 2006. Lastly, the site generated trips on the segment north of Pine Ridge Road will not exceed the significance test at build-out. It should be noted that this segment is projected to be deficient by 2000, however, this segment is scheduled for improvement by 2002. Since the site generated trips will not lower the level of service below any county roads adopted LOS "D" standard, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Pine Ridge Road (CR-896) as a 6 lane arterial east of Goodlette-Frank Road. The current traffic count for this segment is 44,368 PSDT and is operating at LOS "D". This segment is projected to be deficient by 2008. CR-896 west of Goodlette-Frank Road is a 6 lane facility with a count of 35,988 and is currently operating at LOS "C". In addition, CR-896 is a 6 lane facility with a projected count of 41,678 at build-out. This count results in LOS "D" operation. Lastly, Goodlette- Frank Road south of CR-896 is projected to operate at an acceptable level of service at build-out. As a result, 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. Open Space Element - A provision in the PUD provides that the open space requirement of the LDC, namely thirty (30) percent of the site area will be used for a qualifying open space purpose. This requirement will be monitored during subsequent permitting phases. proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. By virtue of the fact that the County's Future Land Use Element recognizes the property as a commercial inffll sub-district, an application for rezonmg to commercial uses is deemed to optimize the County's future land use development strategy, provided relationships of concurrency, compatibility and importantly the development strategy espoused by the PUD regulatory document and master plan are all equally found to be consistent with sound land use plarming principles and practice. It was only recent that the property was the subject of a comprehensive analysis to determine the appropriateness of an amendment to the Future Land Use Element to the GMP. That analysis determined that the County's commercial development strategies would be achieved with the addition of the sabiect land to ihe £nrnrne, rx-Jal ~inmexztrsrxt lnanlit,A/ba ~thia _vaxalxtei_e ~t~ne!a~14~ .that there was market for allowing corranercial development at this intersection based upon the needs of 'tl~ ~t~-~i-tlei~i-]~opu 'lalion jn lhis general area. This determination is supported by the application of sound plannmg~and highest and ~ land use planning principies. The property cm~ be likened to an island because of its relative isolation from contiguous residential areas. It is bound by two county arterials, currently a six lane road and soon to be a four lane roadway on Goodlette-Frank. To the immediate east lies commercial development and a middle school, while the north side is to be bounded by a major main line church. Clearly, these relationships favor non-residential .development. At best the only alternative would have been either -r~mentm~ housing. uen~ny ~n~;,, intensity uses, or mgn mixed commercial development will be compatible with its environs, particularly because the strategy to be employed speaks to an high quality, architecturally pleasing form of integrated development. Development provisions and standards clearly support this assumption. Retail and service uses are limited to one story while office and financial institutions are limited to three stories. No individual user of building space will exceed 65,000 square feet encouraging the cjustering of smaller building blocks which should add to its neighborliness quality Traffic - An accepted planning principle says that land located at the intersection of a communities arterial road system shall be devoted to highest intensity land uses. This principle is typically legally established in the community's comprehensive plan which in the subject case is tree. Pine Ridge Road and the planned expansions of Goodlette-Frank Road both north and south of Pine Ridge provide the kind of intra-county transportation system that is essential to community serving cormnercial developments. Approval of this rezoning will result in the provision of fifl3r (50) feet of property for the widening of Goodlette-Frank Road and the provision of adequate fight-of-way for turn lanes. These stipulations and others dictating intersection improvements and spacing will assure that traffic improvements are appropriate to handle this development. · 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 Historic~aUArchaeological Survey and Assessment is required. _EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. Staff recommendations are included in the Development commitments sections of the PUD. This petition was administratively approved for environmental relationship inasmuch as there was no requirement ~ior ant~l~ attnoutaOle to the conchtlon or' the property. Staff completed a comprehensive evalu.ation 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 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 planning, refers to the relationship of the /. CURRENT PLANNING MANAGER REVIEWED BY: PLANNING SERVICES DEPARTMENT DIRECTOR At~P, RO~D ~y:., .,~? DATE Petition Number PUD-99-24 Staff Report for the November 18, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUD-99-24 STAFF REPORT/md Infrastructure - An accepted planing principle also says that zoning actions should be supported by the availability and adequacy or' infrastructure, primarily wastewater collection, a potable water distribution system, and storm water management system. All of these prerequisites have been accounted for. There is no evidence of inadequate levels of service for supporting infrastructure. Specific PUD Regulation And Master Plan - The PUD is responsive to LDC requirements as follows: Landscaping Buffers and Landsca_ning - While the PUD document addresses buffer and landscaping requirement these generally are the same as those required by the Land Development Code. Exceptions include the cjustering of required trees versus an equal linear distribution. Signage - Specific provision is made for a consistent architectural style and pole signs are prohibited. Generally sign provisions are consistent with current provisions of the LDC. -Masterl~lan The master plan is designed to largely internalize automobile parking stations. This is preferable to the more traditional shopp, mg~nt~dev~lopmem ti, ........ ,~ ~,~. ,,~m,. The projects visual --[iiipa~t tO Goodlette--Fr~a~k Road will be diminished.by the FP&L easement which provides an open '-~P~z~'Paration~tw~n.&e project an-a-tsoo~lett~:eranlc ~toack '1 ms s~te condition coupled with low profile buildin~ ~~lld limitation on building size shoutd.prodm:e a campus tike setting which should be visually pleasing. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-99-24 as described by the Ordinance of Adoption and Exhibits therefore (i.e. PUD Document and Master Plan). South - To the south the property is bounded by Pine Ridge Road a six lane arterial street. Further south lies a residential neighborhood. The land is zoned PUD (Northlake PUD). To the west the propen3, is bounded by Goodtette- Frank Road, a county arterial road. Further west lies the Pine Ridge residential neighborhood generally zoned RSF-1 and Agricultural. The possible creation of an isolated district unrelated to adjacent and nearby districts; Evaluation not applicable. -Summary'~lnaing$; -D~e parcel is oI'a sullicient size that it will not result in an isolated _~.district unrelated to acljac~nt and aearby~i/atrias ~n~.deve. lapnum, t x~f.-the_ ~ ~_Zand ..simply ,~s,p'*~..~:~t~, ~ pair ot -.til~ ~Jivll- £1~.Jl: tot'om!-l.:~tgliittllJit, i'all--dctlon which is expected gi¢cuXihai-iimlf~g-iso, tppropriate. ~v~i~biiity of .aaequate infrastructure, neamy man development,, suppo~ Lhe timing relafionsbi, ip and justify rehsi.q.ng *.he PLrD and amending its development strategy. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 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 amendment necessary. 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) In view of the fact that durrently no residential development lies contiguous to the properly there can be no adverse influence on any .adjacent neighborhood. /7 REZONE FINDINGS PETITION PUD-99 24 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the P~n_ning Commission to the Board of Count3' 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. Evaluation rot applicable. Summary_ 'Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management .Plan_for Collier Cmmty.~nd.~ll other elements, - th~ir"obj~i:tiv~s 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 site is undeveloped and has been altered by past agricultural usage. A majority of the site has been cleared of native vegetation and an extensive network of ditches and beams were constructed to support its historical agricultural use. The property is zone "A-ST" Rural Agricultural with an "ST" overlay in the northeastern portion of the site (i.e. 0.9 acres). Surrounding: North - To the north the land is undeveloped, however a Site Development Plan has been approved for construction of a church. The property is zoned "PUD" as part of the 300 Acre Goodlette-Frank PUD. East The east side of the property is developed. This development includes the Pine Ridge Middle School Naples Area Board of Realtors and the North Naples Fire District Station /7 a- 10. 11. Summa~ Findings: Every pro~ect 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 mee~t Cmm~ ,_a~d__~rds as a condition of approval. L-~ the event area wide deficiencies develop, which deficiencies would be further exacccbated by developing vacant land, the County is required to re, act through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Evaluation not applicable. Summm'y 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 req~ c, amflor-management ?roui_sions, .-e. tc.) .xv_cre ~ign.ed ]to ~nsure that light -~ii~ti ettt~li etit~,t S3ii$t,tiU%lOli 0~' ail' do~-~ no0[ adversely affect adjacent areas. Whe!Lhe. r Me proposed elmnge wffi adv~ affect prol~rty ,al~e~ in Me ~lj.~mt area; Pro: (i) Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the east side of the property because of its a_m'icultural zoning classification. 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. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Evaluation not applicable. $#mmary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives 4 (ii) Development of this property for commercial uses should widen the oppommities available for goods and services and professional services to serve the nearby residential neighborhoods thus shortening travel times. Con: (i) Residems in the immediate residential neighborhoods may perceive increased traffic conditions resulting from increased commercialization as disruptive and inconveniencing their travel movements. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Additionally, there is no immediately adjacent residential development. .Whether the proposed change will create or excessively increase traffic conl~estion or create types of traffic deemed incompatible with surrounding land uses, because of~e._~k ~.~_mes ar-4~jee~ed-types of ~eb~enlar .~c, ~nc!utting ~etiv~ during eoustruefionphases of the developmenl~ or otherwise 'allkct public safety. Pro: (i) All ingress and egress to the property is via major which provide for best management practices relative to mm lanes and there appropriate spacing. (ii) No traffic level of service will be abridged by this approval which is the principal criteria for evaluating traffic impacts. Con: (i) Area residents typically find increased traffic, intensity as annoying and disruptive of their expectations, an inevitable result of urbanization focused on the movement of persons, goods and services solely dependent upon automobiles. 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. mm 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) The project design for storm water management will be designed in accordance with Collier County requirements and the rules and regulations of the South Florida Water Management district. Con.- (i) Urban intensification potentially can heighten the occasion for area wide flooding under the most severe rainfall event. /£ ~ Evaluation not applicable. Summary_ Findings: The site will be altered to the extent necessary to execute the development strategy. t7. ~ke impaet ~f de~~t on ~e weafiM~y 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 CounW 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 infxasmu~re meets with GMP established relationships. NOTE: ~ as u~ed her~n m~"'~ the Collicr County-Growth Management ~lan. ~ means the FutureJ~and Use.Element ofthe GMP. PUD-99-24 REZONE FINDINGS/md reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary_ Findings: The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether ~there are .substantial reasons why the property cannot be used in accoraance with existing zoning; · - ~-EValaati~r~ot applicable. Summary Findings: The subjec~ property is zoned Rural Agricultmal. Rural agricultural zoning is a holding classification pending rezoning to a use of land consistent with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County' Evaluation not applicable. $#mmary 'Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether is it impossible to f'md other adequate sites in the County for the proposed use in districts already permitting such use. ~ Evaluation not applicable. Summary_ Findings: This site is zoned Rural Agricultural. Whether or not there are other similarly zoned residential areas is irrelevant. To deny rezoning would be to deny the property owner the right to use the land in a manner consistent with the GMP. 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 raag~ of potential uses under the proposed zoning classification. /7 ~ 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 Plan. Pro: (i) The development strategy described by the PUD is structured to be consistent with all applicable goals, objectives and policies of the GMP. Corn 0) None ~ The subject petition has been found consistent with the goals, objectives and v ............ ,., ........ ,,..,~,~.,.,.., · ,,~,. A more detailed description of'this 'conformiE¢ ~s addressed ~n the Statf Report. include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. _Pro: (i) PUD development standards acknowledge the applicability of LDC compatibility. Con: (i) None Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation or landscape buffers. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects by required landscape buffers and PUD development standards structured to achieve a compatible relationship. The adequacy of usable open space areas in existence and as proposed to serve the development. Evaluation not applicable. EiKO. ingl The PUD recognizes the need to preserve required thresholds of open space and native vegetation which must be achieved during thc development process. FINDINGS FOR PUD PUD-99-24 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. l~: (i) Location at two major County atto-rial mad furth~ impamed by a comme~'cial development pattern along Pine Ridge Road clearly is supportive of the expansion of commercial uses to the subject land. (ii) (iii) Traffic conditions which serve as a t~ench marie I0r determining the appropriateness ot'a rezoning action are present to:support that action. All public utilities are in place to support the planned use of the land. (iv) Physical characteristics of adjacent land as represented by their existing uses support a non-residential type of development. Con: (i) Intensification of development patterns at major intersections tends to become congested to the point where highway users are further stressed or ineonvemeneed. ~ 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. Evaluation not applicable. APPLICATION FOR PUBLIC HEARING FOR: PetifionNo..P U D 9 9' ~ 4 '~ _ .... Date P~mon Ke~iv~l Co~ssion District: ma~er ~si~ed: ABOVE TO BE COMPLETED BY STAFF · __~.__,~'t~,~! Information: Name of Applicant(s) Applicant's Mailing Address Applicant's Telephone # G-4 Partnership; Alto: Mark Morton 2600 Golden Gate Parkway, Suite 200 Stmte F'L Zip 34105 941-262-2600 Fax # 941 262-8017 N_aco_e of Agent Alan D Reynolds. AJCP Firm WilsonMiller, Inc. Agent's Mailing Address 3200 Bailey Lane. Suite 200 City Naples State FL Agent's Telephone # 941-649-4040 Zip 34105 Fax# 941-263-6446 Name of Agent R. Bruce Anderson Firm Young, van Assenderp, Vamadoe & Anderson Agent's Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State FL Agent's Telephone # 941-59%2814 Fax # Zip 341 O8 941-597-1060 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 /7.,7' ~4 Va':. Ol I-IdlIIlI~Y e The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Evaluation not applicable. ~ Timing or sequence of development in light of concurrency requirements is not a significant problem. All required public infrastructure is available to support this project. The ability of the subject property and of surrounding areas to accommodate expansion. Evaluation not applicable. F_indillgl Ability, as applied in this context, implies supporting infrastructure such as w~o. stewater disposal system, potable water supplies, characteristics of the property relative to 'hazards, and capacity of-roads, is supportive of conditions emanating from urt>an ctevelopment, l'l~s assessment ~sxle, scnt~ecl at length in the start report atloptext t~v the CCPC. Relative to this petition, development of the. subject prope~, 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. ~ 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 commercial development and associated area requirements. FIND/NGS FOR PUD-99-24/RFN/md If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name ami Address Percentage of Ownership Juliet C. Sproul Trust Harold S. Lynton Juliet C. Sproul Katherine G. Sproul Ban-on Collier III G-4 Partnership Lamar Gable ~Fxances D. VJllere 25% 25,% 50% If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Ownership If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address parties, list all Date subject property acquired 15~ May 1923 leased l--] .. yrs./mos. Term of lease If Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date and date APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - g/99 /7 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 imerest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders _n~nd_~,he,.~r.c,~ntage_o~tock owned by each Name and Address and Office 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 Percentage of Interest APPLICATION FOR PUBLIC HEARING FOR PUD RF_~O~ - g/99 ~J~gg~e'94 Ve~.. el I-Ml~ /? 0" E A, CF, C-1 W A Pine Ridge Middle School, North Naples Fire Station, Naples Area Board of Realtors FP&L Electromagnetic Transmission Lines, Goodlette-Frank Road and Pine Ridge Subdivision Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). · Section: 10 Township: 49 South Range: 25 East Metes & Bounds Description: Please see attached legal description Rezone Request: This application is requesting a rezone from the A and RSF-3 district(s) to the PUD zoning district(s). Present use of the property: Fallow agriculture zoning Proposed use (or range of uses) of the property: Office, Retail and Service uses Consistent with FLUE, Goodlette-Pine Ridge Commercial Infill Sub-District Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 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. Please refer to PUD document, APPLICATION FOR PL,'BLIC HE/hR/NO FOR Pti]) REZONE - 8/99 8Y2~/~1674 Vm,': OI [-MI~E~.RY ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, bu~ 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 ofa recent survey (completed within ~he last six months, maximum 1' ~o 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 ..~rise .concerning ~he legal description, an .engineer's certification or sealed survey may be required. Scion: 10 Township: 49 South Range: 25 East Lot: Block: __ Subdivision: Plat Book: Page #: Property I.D.#: 00240280101 Metes & Bounds Description: Please refer to Section 1.2 of the PUD document. Size of property: ~ ft. x __ Address/general location of subiect property: Pine Ridge Road and Goodlette Frank Road. Adiacent zoning and land use: fi. = Total Sq. Ft. Acres 31 + Northeast quadrant of intersection of Zonins S CF, PUD Land Use Vacant - Fallow agricultural land Pine P, Jdge Road, North Naples Fire Station and Moorings Park PUD. Residential APPLICATION FOR PUBLIC HEARINO FOR PUD REZONE ~25/99.~M6"M Ve~: OI · /7 O- eo 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 identif~ 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.). Sta~emem ofutilily provi~ons (with ali required attachmems and sketches). A Traffic Impact Statement (TIS), unless waived at the pre-application meeting. '-A tastorical and arche°log~cal survey or wmver apphcat~on rt property is located ~nth~n ~.n :area et' ~stoncal _or .archaeological _probability (as identified at pre- app!i~tion .meeting). Any additional requirements as may be applicable to specific rezones and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - ~99 8/'25/99-64624 V~': OI I-MI~PA~.Y 10. 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? Yes, February 23, 1999 BCC approved Growth Management Plan Amendment. 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 ._other~vise v~ai~l:during the pre-application meeting. a. ~copyq~t tlae 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 8~A'' x 11" copy of the site plan), drawn to a maximum scale of 1 inch equals 400 feet, depicting the following: (Additional copies of the plan may be requested uPon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC.) all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas (include required and provided parking and loading, including required 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. (including pedestrian matrix indicating parking for the c. An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8 of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 8t99 8.~*~99-,6~6'M Vm': Ol I-Jdl~l~Y o 10. 11. Total population to be served 275,000 square feet ofretait and office space Peak and Average Daily Demands: A. Water- Peak 67.9 B, Sewer - Peak 67.9 Average Daily 19.4 gpm Average Daily 19.4gpm If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: -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 · -pro£ession .smgineer. N/A 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 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. 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. N/A APPLICATION FOR I~./BLi~ HEARING FOR PUD REZONE ~'25/99-6~0674 V~': O! 14s~I~RY STATEMENT OF UTIL~ PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant: Mailing Address: City Naples Address of Subject Property (if available): Goodlette-Frank Road InterseeXion Cv-4 Partnership - Attn: Mark Morton 2600 Golden Gate Parkway State FL N.E. Comer Zip 34105 of Pine Ridge Road and tJegal OescnpOon: Section: 10 Lot: Block: Plat Book: Metes & Bounds Description: Township: 49 South Range: 25 East Subdivision: Page #: Property I.D.#: 00240280101 See attached legal description ,, Type of sewage disposal to be provided (check applicable system): a. County Utility System b. City Utility System e. 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 Ufdity System Provide Name d. Private System (Well) APPLICATION FOR PUBLIC HEARIN~ FOR PUD REZONE - 8/99 AFFIDA V1T lVe Juliet C. Sproul and Paul J. Marinelli being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our/my knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. as,-nro!aerty owner, we~I further authorize_ R. Bruce Ander~_on_x~~~~ to act "-' ,,,e, , _ // / Juliet C. Sproul Typed or Printed Name of Owner Signature of Propertye~nt Signa~/~f Pr~j) er ty-Owner Paul J. Marinelli Typed or Printed Name of Owner Alan D. Reynolds Typed or Printed Name of Agent The foregoing, inst_r~.ment was acknowledged before me this ~.~ q Fl day of I~t.l. ll u c ~ , 19~1~ ,byOCddt-C. . r d,Pa IB.Na ,,ht/,'who a .personally knowff to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) /7 7' APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 8/99 10~ 12198-48209 Vet 01 !-MPFRRY FL Lic.# LC C000170 Z5555-555-555--OOOO PUD REZONE APPLICATION SUBMITTAL CHECKLIST This completed checklist is to be submitted with application packet! # of Not Requirements ,, Copie~ Required Required 1. Completed Application 15 x 2. Copy of Deed(s) and list identifying Owner(s) and all 1 x 3. Completed Owner/Afsent .Affidavit, Notarized 1 x 6. Environmental Impact Statement IEIS) ..... I x 7. Aerial Photo~raph (with habitat areas identified) 4 x 8. Completed Utility Provisions Statement (with required 4 x attachments and sketches) 9. Traffic Impact Statement (TIS) 4 x 10. Historical & Archaeological Survey or 4 x Waiver Application 11. Copies of State and/or Federal Permits 4 x 12. Architectural Renderin~ 0fProposed Structure(s) 4 x 13. Application Fee, Check shall be made payable to - x Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in ti~ delay of Agent/Applican~ Signature APPLICATION FOR PUBLIC HEARING FOR PUD REZONE l0 Date August 24, 1999 Collier County Utilities Department 2800 N. Horseshoe Drive Naples, Florida 34104 To whom ii may-concern: It ,is the intent oflhe Developer ioxledicatc the:exlemal. _v6~_ t-,and .sanitary ~wcr lines.~.essary Understanding that the internal water and sanitary sewer lines within the project will remain private. The fees will be paid or a waiver and release will be obtained prior to issUance of building permit. The foregoing instrumeIlt was ac. knowledged before me this,,,t,,q../.. TA day ofA .J.p~btgtt$1 ,19c~c~ , by ~(~Cxl O. ctrinelb who is ~ersonally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) a (Print, Type, or Stamp Commissioned Name ,~ 'e~.~,_ a,~,~u~,a~, _ , ~! of Notary Public) ,... /~7~-'~ - 2600 Golden Gate Parkway. Suite 200. P.O. Box 413038. Naples. Florida 34101-3038 (941) 262-2600 ~Fax (941) 262-2589 ,, ' . Wils mMiller Le~al Description of Conti~ouous Property Description of part of Section 10, township 49 South, Range 25 east, Collier County, Florida (Parcel "B") All that part of Section 10, Township 49 South, Range 25 East, Collier County Florida, being more particularly described as follows: COMMENCING at the southerly 1/4 comer of Section 10, Township 49 South, Range 25 East, Collier County, Florida; thence along the north-south 1/4 section line of said Section 10, North 01°18'35" West 69.79 feet to a point on the northerly right-of-way of Pine Ridge Road (S.R. 896); thence along said boundary, South 89007'52'' West 9.5'/feet to a point of curvature on ~e easterly right of way of Frank Boulevard, 100 foot right-of-way as recorded in Plat Book 13, Page 58 of the Public Records of Collier County, Florida; sheo, ce~along said right of way 454.08 feet along the arc of a circular curve concave the east, having a radius of thence continuing along smd r~ght-of-way NorthxY/~06' 13" £ast ! 102.02 feet, and the P(NNT (.~' BEGINNING of the parcel herein described;; thence continuing along said right-of-way North 07°06'13" East 782.59 feet: thence leaving said right-of-way North 89°29'57" East 676.40 feet to a point on the boundary of the parcel of land described in O.R. Book 503, page 206; thence along said boundary South 00°46'24" East 775.71 feet; thence leaving said boundary South 89029'57" West 783.65 feet to a point on the easterly right-of- way line of said Frank boulevard and the POINT OF BEGINNING of the parcel herein described. Parcel contains ! 3.00 acres more o~ less. Subject to easements, restrictions and reservations of record. Bearings we based on the northerly boundary line of Pine Ridge Road (SR 896) being South 89035'25" West_ WILSON, MILLER, BARTON & PEEK, INC. Registered Engi~,eers and Land Surveyors ~Marcus L. Berman, P.S.M. ~ 5086 Certificate of authorization LB-g43. Not Valid unless embossed with the Professional's seal. Ref. 2G-496 W.O.: 0001 Date: April 17, 1998 SECTION TWO: This OTdin~nae- ~ ~Ite (~[]'ec-tive upo~ filing with th~ Department o£Stat~. PASSED AND DULY ADOPTED by,he Bmmt of County Commj~ionem of Collier County, Florida, this ~ day of ,1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY;~_ PA~A S. ~lAC'~.a~, cma~wo~ Approved m to Form and LegalSufficiency Marjo~e M. Student .Assistant County Attorney /7 -2- ORDINANC_~ NO. 99- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMP~SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9510S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE AND "RSF-3" RESIDENTIAL SINGLE FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PINE RIDGE COMMONS FOR A MAXIMUM OF USES , LOCATED ON THE NORTHEAST QUADRANT OF 31::[E ]NTERSF_,CTIOI',,T OF P.nd'~,~_RO^D (C.K S~) .AND COUNTY, FLORIDA, COI~S,~TLNG OF 31+ ACRES; AND PROVIDING AN' EF~CTTVE DATE. WHEREAS, Alan D. Reynolds, of WilsonMiller, Inc., and R. Bruce Anderson, of Young, van Assenderp, Vamadoe and Anderson, r~presenting G-4 Partnership, 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 thc he.:em described real propet~ located in Section 10, Township 49 South, Range 25 East, Collier County, Florida, is changed f~om "A" Rm'al Agricultu~ and "RSF-3" Residential ~ family to "PUD" Planned Unit Development in accordnace with the Pine Ridge Commons PUD Document, attached hereto as Exhi'bit "A" and incorporated by reference hereto. The O~cial Zening Atlas Map Nnm_her 951 OS, as d~bed in Ortllnnn~e Number 91-102, the Collier County Land Development Coc~ is hmx~y amended accoaxtingly, -3.- TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION 1-1 SECTION I! PROJECT DEVELOPMENT 2-1 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.10 -.z.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 Purpose General Description of the Project and Proposed Land Uses Compliance with County Ordinances Land Uses Water Management Siting_, Excavation and Selback Requirements Fill Storage Sales Office and Construction Office ~ii[l~-~ fd ATi~3i'd~=~7~iS~o-l~D DOcuTn~-or-~UD'Master 1~, IWetiminary Subdivision Plat arn:l Prrasmg .~pen Space 'Surface Water Management Environmental Utilities Transportation Common Area Maintenance Design Guidelines and Standards Landscaping, Berms, Fences and Walls Signage Pedestrian and Bicycle Pathway Network General Permitted Uses SECTION I!1 COMMERCIAL DEVELOPMENT 3.1 Purpose 3.2 General Description 3.3 Permitted Uses and Structures 3.4 Development Standards 3-1 EXH1BIT A PINE RIDGE COMMONS PUD MASTER PLAN (VVMB&P File No. D-2885-15) EXHIBIT B LEGAL DESCRIPTION Pine Ridge Comnm~m A PLANNED UNIT DEVELOPMENT 31 _+ Acres Located in Section 10 Townshin 49 South. P, am3e.25~East Collier County, Flodda PREPARED FOR: ~ Partnership PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 and Young, vanAssenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive Suite 300 Naples, FL 34108 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 8/27/99 11/18/99 o iii Pine Ridge Commons has received a waiver from the historical/archaeological survey and assessment requirements of Section 2.2.25.3.10. of the Land Development Code due to the site's ~ocafion ~ a tow potential area for contairfincj historical/archaeological artifacts. The Developer will comply with Section 2.2.25.8.2. of the Land Development Code should accidental discovery of any historic or archaeological site, signif'mant artifact, or other indicator occur during site development or building construction. SHORT TITLE This ordinance shall be known and cited as the "PINE RIDGE COMMONS PLANNED UNIT STATEMENT OF COMPLIANCE T-he Tx,-Tpose of this section is to erpress the intent of the 8-4 P~, and its ms~'s and assigns, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 31:1: acres of land located in Section 10, Township 49 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Pine Ridge Commons. The development of this site will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan's Future Land Use Element (FLUE) and other applicable regulations for the following masons: identified in the'FLUE of the Growth Manaclement'Plan and on*the Future Land Use Map. In addition to other uses allowed by the Plan, the intent of 1he Sub-district is to ,orovide ~h~g,.4~'"~-~l ~_~r~! ~rg._lfloyment _for _the_--~.4rr~.~r~!ira3 m~le~l .area within a cowvenient ~favel ~fime -a-rid --c~f~t~;h~ ~de?~P,.~f.~t*'~;~'~*~,3.y ~TA~.-ds'to '",-~re ' that 2. Pine Ridge Commons is compatible with and complementary to existing and zoned future land uses surrounding the project as required in Policy 5.4 of the FLUE. 3. Site and building improvements will be in compliance with applicable land development regulations unless and to-the extent amended herein. The development of Pine Ridge Commons will result in a well-designed commercial project, through coordinated and regulated signage, building design, vehicular, bicycle, and pedestrian access and landscaping, and will further the intent of Policies 3.1 .E and F of the FLUE. The development of Pine Ridge Commons will be designed in a manner consistent with Objective 7, Policies 7.1, 7.2, 7.3 and 7.5, which address access management, on-site traffic, bicycle and pedestrian circulation. The development of Pine Ridge Commons wifl 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 Pine Ridge Commons PUD will be developed consistent with the Collier County Access Management Plan, as required in Section 2.6.38 of the Collier County Land Development Code. 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. 2-1 SECTION II PROJECT DEVELOPME~ 2,1 The purpose of this Section is to generally descdbe the plan of development for Pine Ridge Commons PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES Ao Pine Ridge Commons is a 31 acre mixed use retail commercial and office tTavet distance, which will consist of.general 'and specialty'retail shops, Testaurants, business, medical and professional offices, and financial institutions. Emphasis will -'The =PUD MasterPlan is iljustrated graphically on 'Exhibit A (VV~B&P, 1nc. l=ile'No. D-2885,15). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of County development approvals in accordance with the Collier County Land Development Code (LDO). Co The Project shall contain a maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution uses. Retail commercial uses shall be located south of the northern entrance and limited to 125,000 square feet of gross leasable area, and no individual retail tenant may exceed 65,000 square feet of gross leasable area. If an agreement is reached with the School Board of Collier County then the main northern access ddve may be shared with the School as access to Pine Ridge Middle School and the parcel of land the access road lies on may be deeded to the School Board. One or both parties, depending on the agreement between the School Board and the Developer, shall maintain the road. The Developer, School Board or both may request the road be public. If the access road fight-of-way is donated to the Collier County School Board, it shall be considered an internal road or ddve and not as a property line for purposes of setbacks and buffeting. 2.3 COMPUANCE WITH COUNTY ORDINANCES Regulations for development of Pine Ridge Commons shall be in accordance with the contents of this PUD Ordinance, and to the extent they are consistent with this PUD Ordinance and applicable sections of the LDC and Growth Management Plan which are in effect at the time of issuance of any development order to which such regulations relate. Where this PUD Ordinance does not provide development 1.1 1.2 1.3 1.4 SECTION I ,LEGAL DESCRIPTION, PROPERTY OWNERSHIP, ANO GENERAL DESCRIPTION PURPOSE The purpose of this section is to set forth the legal des~ption and ownership of Pine Ridge Commons, and to describe the existing condition of the property proposed to be developed. LEGAL DESCRIPTION Please refer to E~Jtibit 'B," attached. PROPERTY OWNERSHIP Parkway Suite 200, Naples, FL 34105. GENERAL DESCRIPTION OF PROPERTY The project site is located in Section 10, Township 49 South, Range 25 East, and is .generally J3ordered pn the west by G~)odlette-Frank Road, .to the south by Pine Ri~ Road and the North Naples fir,= ~t~tion, ~ the east by *_he .Naples Area Board of Realtors commercial building, the North Naples fire station and Pine Ridge :Middle School; .and to :the ~north by undeveloped agriculturally .zoned property. The zoning classification of the subject property at the time of PUD application is A, Rural Agricultural and RSF-3. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Pine Ridge Commons property is located within Zones "AE-11" of the FEMA flood insurance rate map. Prior to development, vegetation on the site pdmadly consists of fallow croplands with lesser amounts of Iow quality pine flatwoods, xedc oak, and palmetto praide vegetation which has regenerated on the farm ditch berms since the cessation of farming. W~th the exception of a cypress wetland located near the northeastern comer of the property, all site habitats were previously cleared and farmed and thus have bccn extensively disturbed. The site has been invaded by exotic plant species, including Brazilian pepper, melaleuca, and downy rose myrtle. /'7 2-3 2.6 Fill material from lakes and wet and dry detention areas is planned to be utilized within the project site; however, excess fill material may be transported off-site. The ~ of mateda! ~ be ~ shall be timfted to ~ percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the Developer wishes to remove additional material from the project site, a commercial excavation permit will be required. Collier County govemment shall be offered first refusal fights to purchase surplus fill for construction of improvements to Goodtette-Frank Road. Lake and wet or dry detention area banks and edge of water may be sculpted for aesthetic purposes and to complement-the overall project theme and may use berms'for aesthetic purl~oses, consistent with the intent of Section 2.8.'3.7.4. of the LDC. Setbacks: Lake excavation shall be located so that the control elevation shall adhere to the following minimum setback requirements, unless bulkheading is provided, per LDC and Flodda Department of Transportation (FDOT) standards: a) Lakes and stormwater management features may be !ocated adjacent to intemal roads. The roads will be designed to AASHTO road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, curbs and need for-barriers. b) Lakes and wet or dry detention areas shall be set back a minimum of twenty feet (20') from external property boundaries. FILL STORAGE Ao Fill storage is generally permitted as a principal use throughout the Pine Ridge Commons PUD dudng development phases of the project. The following standards shall apply for stockpiled excavation material: 1. Stockpile maximum height: Thirty-five feet (35') Fill storage areas in excess of five feet (5') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4:1. Soil erosion co,,[ful shall be provided in accordance with LDC, Division 3.7. 2.4 2.6 standards, men the provisions of the specific section of the LDC that is othen~ise applicable shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. All conditions imposed herein or as represented on Pine Ridge Commoas Master Plan am part ~flhe regulations which govern the manner in which the land may be The location of land uses and general project configuration are shown on the PUD Master Plan, Exhibit A. Changes and variations in building tracts, location and acreage of these uses shall be permitted at time of County development approval to accommodate utilities, topography, vegetation, and .other .site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of County development approval. Roads .and other infrastructure may be public, pdvate or a combination of public and private, depending on location, design and purpose. The Developer shall make the request for a road to be public at the time of final County development approval. The Developer shall be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County I.DC unless otherwise approved during County development approval. The Developer reserves the dght to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. WATER MANAGEMENT SITING, EXCAVATION AND SETBACK REQUIREMENTS Ao As depicted on the PUD Master Plan, lakes and wet or dry detention areas have been preliminarily sited, with the ultimate location and configuration to be determined during the site development review stages of project development. 2-5 2.10 2.11 2.12 D. The following shall be deemed minor changes or refinements: R~on of lakes, ponds, canals, or other 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 or internal drives. 3. Reconfiguration of parcels per Section 2.4 of this PUD. Minor changes and refinements as described above .shall be reviewed by otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's Administrator ~)f 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. PRELIMINARY SUBDIVISION PLAT AND PHASING In the event platting is required, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. Platting or subdivision of building tracts 'for separate ownership for a building within typically connected buildings shall not require setbacks and other requirements from the building to a property line. OPEN SPACE The PUD will comply with Section 2.6.32. of the J. DC relating to open space. SURFACE WATER MANAGEMENT Ao A South Florida Water Management District (SFWMD) Environmental Resource Permit will be required and obtained. A portion of the surface water management system 'for the northern entrance road may be supplied by the School Board on the Pine Ridge Middle School property. The surface water management system will be designed and permitted in 2.7 2.8 2.9 The Developer may place landscaping, signage, lighting, water management facilities, berms, decorative walls and fences, utilities or decorative entry features within any public or private rights-of-way adjacent to or within the Pine Ridge Commons PUD, if the applicable agency's permits and approvals are acquired. SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion, leashlg and sale of real estate such as, but not limffed to, pavilions, parking areas, ~3nd ,signs, ,shall ,be 13ermitted principal uses ~hroughout ~Pine Ridge Commons ~PUD. These uses may De eltr~er wet or dry ?ac~lities."rhese uses shall be subject to the requirements of Section 2.6.33.4. Section 3.2.6.3.6. and Division 3.3 of the I.DC, w~th the exception that for-waste disposat subject to ~ under F.A.C. Rule 100-6 and ma~ use potable water or ~ ~lts, except that no septic systems or holding tanks shall be permitted upon issuance of the Certificate of Occupancy for the specific facility. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as described herein may be made by the Developer in'connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Pine Ridge Commons Master Plan upon written request of the Developer. C. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and Pine Ridge Commons PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas. 2-? compliance with applicable regulations in effect at the time approvals are requested. Collier County govemment may replace and/or relocate existing FPL power transmission poles within the 100 foot wide existing FPL utility easement as part of the Goodlette-Frank Road-four laning improvement project. The Developer does not represent that relocation can be done without approval of FPL and any other utilities that might have rights within the easement. The Developer will not object to the relocation of the power transmission poles so long as they do not interfere with access or drainage to the project. Co Do Eo The Developer,,vill pay an appropriate fee required by the County's Road Impact -Fee ]Ordinance ~2-22, ~a~r~a y~'o~e-~Tn~n-ded, ~-as~baitding'p~w'mtts -'are ~ '~or the proposed project. ~ along ~ western ~ ~bour~ary ~to accommodate the f~jrammed Goodlette-Road Road four-laning improvements. Dedication of this land to Collier County shall be in conjunction with final subdivision plat or site development plan approval of the first phase of development or within 120 days of any written request to the Developer from the County or at the initiative of the Developer, whichever is earlier. The Developer will be entitled to impact fee credits as permitted by and pursuant to the Road Impact Fee Ordinance for this dedication. The developer is not responsible for resolving any conflicts created with other easement holders within the dedication area, such as, but not limited to, Florida Power and Light. The Developer shall dedicate required land up to a maximum of fifteen feet in width for a right turn lane from Goodlette-Frank Road. The Developer shall dedicate this land as part of the Goodlette-Frank Road right-of-way and the dedication shall not be eligible for impact fee credits. Dedication of the land to Collier County shall be in conjunction with final subdivision plat or site development plan approval or within 120 days of any written request to the Developer from the County. All project access points shall be consistent with the Collier County Access Management Policy, including turn-lane specifications. Types of access and locations of access to the project from Goodlette-Frank Road and Pine Ridge Road shall be as depicted on the approved Master Plan exhibit. The Developer will provide appropriate turn lanes at the project entrances as required at the time of SDP approval. These improvements are considered site related and are not subject to impact fee credits. Arterial level street lighting shall be provided by the Developer at project entrances to be utilized by that phase of development, prior to issuance of the first certificate of occupancy for that phase. /? accordance with requirements of the SFWMD and the County's Wellfield Protection regulations. Pursuant to SFWMD, Volume IV, Basis of Review 5.2.2.(e), untine¢l wet o'etention areas wilt be placed no closer than 300 feet from the City of Naples water supply wells. Pine Ridge Commons will discharge to either the existing ditch located west of Goodlette-Frank Road or to the future outfall provided during the widening of Goodlette-Frank Road that serves the upper reach of the Gordon River Extension Drainage Basin. This basin discharges into the Gordon River and ultimately into the Gulf of Mexico. The Developer shall coordinate the design of the project's outfall connection to the County's drainage system, at the time of construction permitting, with the County Public Works and Engineering Del3artmenL :~;F__r~ir~x~:~3a~;Siatemen~-~aiver ~as-reques~e~ ib~/:me-~e~oper ano approved by the Collier County Planning Services Department, pursuant to Section 3.8.9. of the Land Development Code. The PUD will comply with Division 3.9 of the LDC, Retention of Native Vegetation. In addition, the + 0.9 acre cypress wetland indicated on the Master Plan -will be preserved and credited towards the retention of native vegetation requirements. The landscape buffers along Pine Ridge Road and Goodte~e- Frank Road will incorporate scrub vegetation trees to the maximum extent practical, 'which also will 'be credited ~towards the ~Retention of Native Vegetation requirements. A Flodda Fish and Wildlife Conservation Commission Gopher Tortoise Incidental Take Permit for the gopher tortoises on-site will be obtained. The Developer shall relocate the tortoises into an elevated site buffer with native vegetation and/or appropriate landscaping. The tortoise relocation areas shall be fenced and maintained per Code requirements. Land uses shall meet all federal, state, regional and local rules for operation and location within the regulated distances of potable water wellfields. An exotic vegetation, removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval pdor to final site plan/construction plan approval. 2. t4 UTILITIES All necessary easements, dedications, or other inst~ments shall be granted to insure the continued operation and maintenance of all service utilities in /? O- 2-9 a) 6Ymma! roadways will previde efCmient vet,dcular circL.~__.ion and will be designed with streetscapes that create pedestrian-friendly environments. The intent is to link uses throughout the project by designing appropriately located and scaled pedestrian and bicycle paths and vehicular circulation mutes. b) Architectural features shall be permitted throughout the site. c) Lake banks and wet or dry detention features shall be permitted to and landscape features of'the"project. Fmc .Standing Uses appealing, articulated, identifiable 1)ath ~f ~.~ntry 1"or ~3~lestrians and vehicles from the internal drive to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project's functional need, but will also be responsive to the individual parcel's characteristics and relationship to the project and vehicle and pedestrian and bicycle access ways. When adjacent to a project lake or detention area feature, buildings may be oriented to the feature and may provide decks, walk'ways, and/or seating areas adjacent to or over the feature, depending upon the compatibility of such features with the type of business located on the parcel. b) Architectural standards: Design elements for free-standing use shall be compatible and complementary with the architectural theme of the project, including building materials, roof materials, colors, signage, lighting and landscaping. c) Landscaping: Landscape design guidelines for flee-standing uses will create a harmonious and visually pleasing landscape that is cohesive and complementary to the overall master landscape plan. The Pine Ridge Commons PUD landscape concept will feature combinations of native plants and ornamental varieties which will be designed to define and accent pedestrian and bicycle and vehicular spaces, as well as enhance the building architectural style. Landscape designs will create a coherent theme, which emphasizes plant material as a primary unifying element. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of the northern entrance road and Goodlette- Frank Road when warranted by the Collier County Transportation Department. The signal will be designed, instal~, owned, operated and maintained by Collier County. G. The Developer will provide the opportunity for a mutually acceptable interconnection to adjoining commercial properties to the east· 2.16 COMMON AREA MAINTENANCE Common area maintenance, including lwairf~wam~ of ~ surface ~eater management system, will beprovideclJ3y their '~ne~,~--C;ount~-t-qannecl Unit L)evetopn~nt District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2·2.20. The Pine Ridge Commons PUD is planned as a neighborhood-oriented retail commercial, office and financial institution site. The Developer will establish gu;delta, es and standards to ensure ,~u,~,,,y ,u, both the common areas and the individual parcel developments. All development will meet and enhance the LDC, Division 2.'8, Architectural and Site Design Standards and Guidelines. The Pine Ridge Commons PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into the primary retail center, office buildings and free-standing uses. Massing of building facades will be reduced by transitioning building heights, widths and colors, and adding architectural building details. Building architectural styles shall be compatible and complementary throughout the project and shall feature unifying and complementary elements such as roof treatments, signage, landscaping and building materials and building colors. The Pine Ridge Commons PUD will be a fully integrated planned site, where attention to the overall site design is achieved by providing well-designed and integrated vehicular use areas, pedestrian and bicycle paths, and architecturally unified signage, landscaping, and lighting throughout the site. 2-11 Do Eo is not received, the trees can be placed immediately adjacent to the easements. The minimum number of required trees shall be calculated at i tree per 25 ~ear ;c--et. Plantings shall no~ t~e required m be p~anted on 25 foot centers in a linear manner, but may be cjustered or planted in irregular patterns to provide greater buffers in certain areas and to provide view corridors of key project features in order to create greater visual interest. The height of required trees within the buffers shall be 12 feet on average. Canopy trees shall have a 6 foot canopy spread at the time of planting. 'Hedges, where 'required bythe Collier County Land 'Development Code (LDC) sh. all ~e installed in accordance with LDC, Division 2.4, ~ast ~oT ~he =Pine '~R:idge Commons, Shall be installed at the time of site development improvement adjacent to the school property and will have the following supplementary landscaping requirements: Canopy trees will be planted at an initial height of 12 feet on average, with .a 6 foot spread. The buffer shall have a minimum average width of 10 feet, measured from the property line except where wetland or other native preservation and enhanced areas are provided. The minimum number of required trees shall be calculated at 1 tree per 30 linear feet. An existing fence lies on the School property. No additional fence or wall is required. Landscape buffers contiguous to *the agriculturally zoned parcel immediately north of the Pine Ridge Commons PUD shall be at a minimum a Type "A" buffer and will be installed at time of site development of the northern parcel. Landscape buffers contiguous to the eastem boundary not adjacent to the school shall be a minimum Type "A" buffer. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pine Ridge Commons PUD boundary concurrent with site development improvements. Sidewalks, signage, water management systems, drainage structures, project architectural features, wells, fences and utilities shall be permitted within landscape 2-10 {1) Landscape elements along public rights-of-way will be complementary to streetscape landscaping, Hedge m~',,~dat ~lUimd to ~ instat~ in sep~ parking areas from rights-of-way shall be installed adjacent to the parking areas. Parcel entdes will be designed to harmonize with adjacent streetscape landscaping and cleady accentuate, the parcel entry. (2) Landscaping materials will be utilized to define the main site and building entrances. Grephics/signage: Sign graphics ~erve to ~ continuity of desion for all si.(~na.oe in the Droject, consistent with ~the overall visual impression of the project. All monument signage shall be Landscaping, berms, fences and walls are permitted as a principal use throughout Pine Ridge Commons. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the project. The following standards shall apply: A. Landscape buffers ,',,.,*~,~,.......,.........,,,-~ to public, ~g, ,.-..f-way~. Pine Ridge Road: Minimum width of 20'-0", measured from the property line. The minimum number of required trees shall be calculated at 1 tree per 25 linear feet. Plantings shall not be required to be planted on 25 foot centers in a linear manner, but may be cjustered or planted in irregular patterns to provide greater buffers in certain areas and to provide view corridors of key project features in order to create greater visual interest. The height of required trees within the buffers shall be 12 feet on average. Canopy trees shall have a 6 foot canopy spread at the time of planting. Hedges, where required by the LDC shall be installed in accordance with LDC, Division 2.4, Landscaping and Buffering. Goodlette-Frank Road: The Flodda Power and Light Company and City of Naples water line easements provide the buffer width. The required trees may be planted within the easements with approval of the easement holders. If approval /7',7 2-13 depicted on the Master Pt~n. Project iden~ signs shall be located as generally depicted on the PUD Master Plan. Project identification signs shall be monuments or wall mounted signs and feature only the project name, insignia or motto of the development. Project identification sign copy will not exceed 80 square feet in size on any side, and shall not exceed a maximum height of 8 feet above finished grade, except for architectural detail treatments. ,-,-. ,,,o, ~,o sign sh, al! be so 'located so as to create vehicular line of site obstructions. ~~7~~ ~=~ '~,~-,l~~ ~~ ~]~g, ~p~r l~i~iic mad and private drive frontage. Maximum permissible sign copy shall be 80 square feet per side ~for public road frontage and 60 square feet for private road frontage. For public road frontage, the maximum height of the sign copy shall be 8 feet above finished grade. Architectural details of the sign structure may project above the 8 foot height; however, no part of t,h~ sign or sign structure shall exceed 10 feet in height above finished grade. For private drive frontage, the maximum height of the sign copy shall be 8 feet above finished grade. Architectural details of the sign structure may project above the 6 foot fleight; however, no part of the sign or sign structure shall exceed 8 feet in height above finished grade. Traffic Signs Traffic signs such as street name signs, stop signs, and speed limit signs, may be designed to reflect an alternative specification and common architectural theme upon approval by the Development Services Director, in accordance with Section 3.2.8.3.19. of the LDC. School Signs One directional/identification sign for the Pine Ridge Middle School shall be permitted at the Goodlette-Frank Road project entrance. Directional/ identification signage shall be ground-mounted and may not exceed 50 square feet in area, nor exceed a height of 8 feet above finished grade. The sign can be located independently of the project directory sign within the central median of 2-12 buffers per LDC, Division 2.4. Landscape t wms t: rte contiguous'to a property line and/or d.ght-of-way line may be constructed such that they encroach into the right-of-way when approved by the applicable owner or agency. 2.19 SIGNAGE All j3round 'mounted proiect and 'free-standin.cl use s[ans shall be of consistent architectural style and shall feature like building materials and Pursuant to Sections 2.8.3.6.2.1 of the LDC, the following conditions provide for the required comprehensive sign plan for the Pine Ridge Commons. All sign regulation, pursuant to LDC, Division 2.5 shall apply unless such regulations are in conflict with any conditions established in this PUD, in which case the PUD Document shall govern. a) Free-standing use parcels sha!! be_ conoJdered a separate single use parcel of land for each use for the purposes of this PUD so that signage may comply with the LDC,requirements. b) Signs and decorative landscaped entrance features within a public right-of-way shall require a right-of-way permit subject to the review and approval of the County and FDOT where applicable. c) A minimum setback of 5 feet from edge of pavement shall be required, except that no sign shall be located so as to create a vehicular line of site obstruction. d) All project sign structures may feature architectural treatments, which shall be permitted to extend above the maximum height of the sign specified herein. Project Identification Signs One project directory sign, with a maximum of 150 square feet of sign copy per side and a maximum sign copy height of 20 feet, shall be permitted per entrance per public right-of-way frontage. The directory sign may be permitted within the medians of project entry drives generally 2-15 necessary access ways, parking areas, utilities and related uses. Landscape ~ea~i~res tn~r~9,13ut ~ flmited to, landscape t3uffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 7. Pedestrian and bicycle pathways. 8. Kiosk vendors. Fill storage subject to the standards set forth in Section 2.7 of this PUD. S;,'t'e ~ ,a~d,~~ ~sset ,~l'th,,,fn Section 2.7ofthisPUD. 10. Any other use which is comparable in nature with the foregoing uses and ~-~--~as ~s-~.'~ r --4~rkir~u, -~ands~api~g, --signs -~rid ~i~er ;iand ~uses-~where-such standards are not specified herein are to be in accordance with the LDC provision in effect at the 'time -of Site Development Plan Approval. Shared parking between the primary retail facility and free standing uses shall be permitted throughout the site. Each free-standing use shall not be required to provide 100% of the LDC minimum parking on the project site; however, the total parking provided for the Pine Ridge Commons shall meet or ex~cd the minimum parking required for the combined land uses. 2.21 the entrance road or on one side of the entrartee mad. PEDESTRJAN AND BICYCLE PATHWAY NETWORK A pedestrian and bicycle path-way network shall be established throughout the project as shown conceptually on the PUD Master Plan. The pedestrian and bicycle system will serve to link the primary shopping and office areas with free- standing uses at the perimeter of the project site, by providing a landscaped walkway. Any required breaks in the pedestrian and bicycle network for vehicular access to the site shall be identified through the use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce the speed of vehicles and pm,.~de safe pedestrian and bicycle movements throughout the site. This pedestrian and bicycle way shall be 6 feet wide. This pathway network area will feat[ne ~anopy trees or palms with _ground level iand~ 4~lanfir~s. ~mum ~2 ~ ~igh ~h a ~ ~ ~d ~ ~opy ~ and ~u~m ~~ ~ ~ pa~s, at ~etime ~ ~a~. An 8 foot wide pedestrian and bicycle path shall be provided on the north side of the possible shared school access road to Pine Ridge Middle School as depicted on Exhibit "^." GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Commons PUD. General permitted uses are those uses, which generally serve the Developer and tenants of Pine Ridge Commons and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under I.DC, Section 2.6.9.1. 2. Water management facilities and related structures. Lake and wet or dry detention features, including features with bul~ or other architectural or structural bank treatments. 4. Architectural features and elements including walls, fences, arbors, gazebos and the like. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including 3-2 Co Prohibited Uses and Structures Any use that would be subject to regulation under Ordinance No. 91-83 and any amendment or successor ordinances thereto regulating sexually oriented businesses. 2. 4493 - Marinas 3. 5311 - Department Stores 5941 - Sporting Goods Stores and Cycle, only: ammunitions; firearms; hunters' equipment. 5. 5999 - Miscellaneous Retail Stores, Not Elsewhere Classified, only 7. 7363 - Help Supply Services, only: Labor pools; Manpower pools 7389 - Business Services, Not Elsewhere Classit'~d, only: automobile recovery services; automobile repossession service; bondspersons; gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing ~n a c~ntract or fee basi_s; rep_o~sessJ_or~ service; solvent recovery service on a contract or fee basis. 9. 7922 - Theatrical Producers, only burlesque companies 10. 7993 - Coin-Operated Amusement Devices, only: Establishments primarily operating coin-operated machines; machines, coin-operated; Slot machines. Gambling Gambling 11. 7999 - Amusement and Recreation Services, Not Elsewhere Classif'~l, only: aerial tramways, amusement or scenic; amusement concessions; amusement rides; animal shows in drcg. ses, fairs and carnivals; bath houses, independently operated; betting information services; billiard parlors; bingo parlors; bookies; bookmakers, race; card reoms; carnival operation; circus companies; fireworks display service; fortune tellers; gambling establishments not primarily operating coin-operated machines; gambling machines, except coin-operated; game parlors, except coin operated; go-cart raceway operation; go-cart rentals; motorcycle rental; off- track betting; pack trains for amusement; pool parlors; shooting galleries; shooting ranges; skeet shooting facilities; trapshooting facilities. 12. Homeless shelter, as defined by the i. DC. 3.1 3.2 SECTION Iii COMMERCIAL PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Pine Ridge Commons designated Commercial on the Master Plan. GENERAL DESCRIPTION · Areas designated as "C" Commercial ~n'fl~e PUD Master Plan ,are intended ~to provide a maximum O:r-Yt4o,'l:rou square 'teet (gross leasable area) for retail commercial, offic~ and financial institution uses. Retail commercial uses shall be limited to *a maximum of ~ER~tiTTEO USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: All permitted and conditional uses in the C-1, C-l/T, C-2, and C-3 Zoning Districts of the Collier County Land Development Code, in effect as of June 22, 1999, except those uses identified as prohibited in Section 3.3.C below. 2. Real Estate (Group 6512) Miscellaneous Personal Services, Not Elsewhere Classified, (Group 7299) except escort service; massage parlors; steam baths; tattoo parlors; Turkish baths. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District. Outdoor dinim3 shall be permitted as an accessory use to an eating establishment. 3-4 Eo 2. d) e) 0 g) Buildings or portions of buildings trader separate including connected.units: .Zero ~eet (0'). Minimum Building Setback from North and East Perimeter Project Boundary of the PUD: Thirty feet (30'). Internal Ddves: Fifteen feet (15') from rights-of-way line. Distance between Fmc standing Uses: Thirty feet (30') Water management structures: Zero feet (0') to bulkhead or dprap at top of bank. ownership Accessory Structure Setbacks: Perimeter (1) ~:2,oofed ~ .~.,ilitie~ ~~,,t (20') b) Side Yard: (1) Common Architectural Features- Zero feet (0') (2) Roofed parking facilities- Ten feet (10') Lake Bank: (1) Common Architectural Features-Zero feet (0') (2) Seating areas- Zero feet (0') c) Maximum Height: 1. Retail Buildings: One story, not to exceed forty feet (40'). 2. Office and Financial Institution Buildings: Three-stories, not to exceed fifty feet (50'). 3. Architectural features: Sixty feet (60') Individual Retail Tenant Size 1. No individual retail tenant may exceed 65,000 square feet of gross leasable area. 3.4 13. Soup kitchens, as defined by the LDC. 14. 8063 - Psychiatric Hospitals. 15. 8069 - Specialty Hospitals, Except Psychiatric, only: alcoholism rehabilitation hospitals; drug addiction rehabilitation hospitals; rehabilitation hospitals drug addiction and alcoholism; tuberculosis and other respiratory illness hospitals. 16. 8322 - Individual and Family Social Services, only: alcoholism counseling, nonresidential; crisis centers; crisis intervention centers; hotlines; offender ~'ehabilitation .,agencies; o~ender self-help .agencies; outreach programs; personal and social problems; refugee servioes; self-help organizations for 17. t[361 --P, esidetda Care 18. 8399 -Social Services, Not Elsewhere Classified, only Social service information exchanges: e.g., alcoholism, drug addiction. 19. 9211 - Courts. 20. 9222 - Legal Counsel and Prosecution, on!y: public defenders' offices; public prosecutors' offices; U.S. attomeys' offices. 21. 922.3 - Con'e~al Institutions. DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 square feet B. Minimum Lot Width: 100 feet C. Minimum Yard Requirements: 1. Principal Permitted Uses a) Goodlette-Frank Road: Zero feet (0') to the east edge of the FPL easement b) Pine Ridge Road: Forty feet (40') from edge of pavement. /7 WiisPnMiller Desefi~ of part of Secfon 10, imco. ship 49 Soath, Range 25 east, Collier County, Florida (Parcel "A") All lhat part of Section 10, Township 49 South, Range 25 East, Collier County Florida, being more particularly described as follows: COMMENCING at the southerly i/4 comer of Section 10, Township 49 South, Range 25 East, Collier County, Florida; thence along the north-south i/4 section line of said Section 10, Nmlh 01°18'35'' West 69.79 feet to a point on the aorlherly tnmnda~ of Pine Ridge Road (S.R. 896) and the POINT OF BEGINNING oftbe .na~el~ ~des~ribed; -~,,~-~&~~,,,;d~.n~ry, ;~,u~;,-~--x~/oz ~vest:~ ~leet to a point o! curvature on the easterly Tight of way of Frank Boulevard, 100 foot right-of-way as recorded inPlat Book 13, Page 58 of the ~Public~.ecords 6f L~Ollier tSounty, ~*lorida: thence along said right of way a54:08 feet alone the arc ofacir~ularcur~e~u'w, av~the..~w~.~k~,i-g.n n'adius of 5679~5~feeL:~r~ugh~a ~tral.angle of O4°$4'SJ"~m:L~-subamde~i-I~-a~'~ord which _~'~s ~ 04°4s~'48" ~ a53.96 thence continuing along said fight-of-way North 07°06'13" East ! 102.02 feet; thence leaving said right-of-way North 89029'57.. East 783.65 feet to a point on the boundary of the parcel of land described in O.R. Book 503, page 206; thence along said boundary South 00046'24" East 1324.29 feet to a point on the boundary of the parcel described in O.R. Book 1037, pages 1602-1605; thence along said boundaD' South 89°29'57" West 190.00 feet thence continuing along said boundary South 00046'24" East 232.40 feet to the northerly boundary of said Pine Ridge Road; thence along the northerly boundary of Pine Ridge Road, North 89*35'25" West 779.46 feet to a point on the north/south I/4 section line of Section 10 and the POINT OF BEGINNING of the parcel herein described; Parcel contains 30.65 acres more or less. Subject to easements, restrictions and reservations of record. Bearings are based on the northerly boundary line of Pine Ridge Road (SR 896) being South 89°35'25" WesL WILSON, MILLER., BARTON & PEEK, INC. Registered Engineers and Land Surveyors Certificate of authorization LB-#43. Not Valid unless embossed with the Professional's seat. Ref. 2G-496 W.O.: 00011-00N-SRV-GO00~ Date: April 17, 1998 7/8/99-0110001 .BES ~laples $20~ Ba~lcy I~ana Suite Fort Myers Sara$ota lradentoe Naples, Flortda 34 t05-8507 941-~9-4040 ~ ~. wil~onmiller. I! Ii i Surface Water Management Element - The proposed surface water management system will serve a 30.65 acre commercial Planned Unit Development. The system will consist largely of one drainage area which will utilize wet detention (lakes) and dry detention (swales) and under parking infiltration to provide the required water qualiiy and quantity storage volumes. At the time of construction, the final surface water management system will be designed in accord~ce with all applicable County, State and Federal criteria. Storm Surge Vulnerability - The property lies within a category 3 storm surge vulnerability zone and is located in zone "X" of the National Flood Insurance Rate Maps (FIRM). Staff advises that the project is likely to remain outside of the flood plain upon adoption of new FIRMS. consistent with applicable elements of the GMP. Bv virtue of the fact that the County's Future Land Use Element recognizes the property as a commercial infill sub-district, an application for rezonmg to -'~IJIIIIIIII~II~IirlI-JJ~IiJ~-I~-I. II~I~IIII~:IJ-LIJ-I~/~JLIIIIIL~ 'tlll~'h..~/IJllt,y-D-ILaLIAII~-I~J. IIU'-IADL, I. ll,~¥1.~l%JlJllll, clll.-~tlOL~,~.,V, relationships of concurrency, compatibility and importantly the development strategy espoused by the ;PLtD zegulatory .docamentland master.plan.are_all ~l~m!ly .found .to/be.consistent with sound land .use plmming principles and pramicc. It was only recent that the property was the subject of a comprehensive analysis to determine the appropriateness of an amendment to the Future Land Use Element to the GMP. That analysis determined that the County's commercial development strategies would be achieved with the addition · an,A> s~ concluded that there was of thc subicct land to ~' ........ ;~ ~nventory. t,,,,,~;,-;*~,, this o o ' ;~ market for allowing commercial development at this intersection based upon the needs of the resident population in this general area. This determination is supported by the application of sound planning and highest and best land use planning principles. The property can be likened to an island because of its relative isolation from contiguous residential areas. It is bound by two County arterials, currently a 6-lane road and soon to be a 4-lane roadway on Goodlette-Frank Road. To the immediate east lies a commercial development and a middle school, white the north side is to be bounded by a major main line church. Clearly, these relationships favor non-residential development. At best the only alternative would have been either special constitutional high intensity uses, or high density residential housing. Staff concludes that a mixed commercial development will be compatible with its environs, particularly because the strategy to be employed speaks to a high quality, architecturally pleasing form of integrated development. Development provisions and standards clearly support this assumption. Retail and service uses are limited to one story while office and financial institutions are limited to three stories. EXECUTIVE SUMMARY PETITION CU-99-11, JASON LASKEY OF MASTEC WIRELESS SERVICES, REPRESENTING SPRINT SPECTRUM L.P. AND GATOR AIRBOAT TOURS, REQUESTING A CONDITIONAL USE FOR A TELECOMMUNICATIONS TOWER AND RECREATIONAL/TOURIST BUSINESS IN THE "A-ACSC/ST" RURAL AGRICULTURAL ZONING DISTRICT, WITHIN AN AREA OF CRITICAL STATE CONCERN AND A SPECIAL TREATMENT OVERLAY AREA, LOCATED AT 31112 TAMIAMI TRAIL EAST, IN SECTION 2, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain a conditional use to construct a 250-foot telecommunications tower on property with an existing airboat tour business. The airboat tour business was permitted by a conditional use approval in 1993 (CU-93-18) and one of the conditions of approval requires that a new application for conditional use be submitted to the County for any major change or addition to the existing use. This conditional use application is then required because the owner is adding the tower use and because it is a requirement of the original conditional use. CONSIDERATIONS: The petitioner seeks a conditional use approval to operate a telecommunications tower on 20.9 acres located in an "A" zoning district, which is also located within the Area of Critical State Concern and within the Special Treatment Overlay. The property has an existing tourist/recreational business that was approved by a conditional use in 1993. The Board of County Commissioners at that time had concerns about access and potential increased traffic at this location. Additional traffic has not been a problem as stated in Staff's traffic impact analysis and the proposed tower use will not create additional significant impacts to U.S. 41. This application was forwarded to the Florida Department of Community Affairs' (DCA) Big Cypress Preserve Coordinator. There were no objections to this PUD by the DCA nor form the National Park Service. Sun:otmding properties are agriculturally zoned and are composed mostly of wetlands. The tower will meet requirements for separation and collapse area. No habitable building will be located within the collapse area of the tower, either on site or offsite. DEC i !999 PROS/CONS: Pros (1) This petition is consistent with the Land Development Code and Growth Management Plan 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) Traffic impact will not affect access negatively. (3) The property, being rural in nature, is buffered and separated from nearby properties. (4) The coordinators for state and national lands had no objections to the proposed tower use. Cons (1) Towers may be perceived as negative by the few residents of the region and by travelers commuting along U.S. 41. FISCAL IMPACT: The proposed tower use will have little direct fiscal impact. Impact Fees Non-residential: Road Impact Fee: Fire Impact Fee: Radon Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $1,775 per 1,000 SF = 1,775.00 $0.30 per Sq. Ft. of bldg. area ~ 100 SF x 0.30 = 30.00 $0.005 per Sq. Ft. of bldg. area ~ .005 x 100 = 0.50 $0.005 per Sq. Ft. of bldg. area ~.005 x 100 = 0.50 $2.00 per unit x 1 = 2.00 TOTAL IMPACT FEES $ 1,808.00 The non-residential component is estimated to be approximately 100 square feet for the equipment shelter. Therefore, the estimated total amount of impact fees collected at build out will total $1,808.00+. This is a raw estimate based on current impact fees. In addition to the i~npact fees described, there are building permit review fees. Building pemqit 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. The proposed tower will not require additional water and sewer. 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 of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed Gator Airboat Tours telecommunications tower will not cause County LOS to be exceeded. This rezoning by and of itself will have little or no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Thc approval of this conditional use request will not affect or change the requirements of the Growth Management Plan. 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 RECOMMENDATIONS: S[aff recommended that the Collier County Planning Commission forward CU-99-11 to the Board of County Commissioners with a recommendation of approval subject to the conditions incorpmated into the Resolution of Adoption. ENVIRONMENTAL ADVISORY COMMITTEE: The pctition was not required to be sent to the Environmental Advisory Committee because there are no major impacts to the site or to the surrounding properties. .o./7 K PLANNING COMMISSION RECOMMENDATION: At the November 18, 1999 meeting of the Collier County Planning Commission, the Planning Commission voted unanimously to recommend approval of Petition CU-99-11 to the Board of County Commissioners with the conditions incorporated into the Resolution of Adoption. PREPARED BY: DONALD J. MURRAY, AI PRINCIPAL PLANNER DATE RE'Q/~WED BY: RONALD- l~.~N~4(~, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition CU-99-11, Mastec-Sprint-Gator Airboat Tours Telecommunications Tower. Tentatively scheduled for the December 14, 1999 i3CC meeting Summary Agenda. i22 2 !', ~,g. ,._6 ,_ Memorandum AGENDA ITEM 7-L To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES OCTOBER 28, 1999 PETITION CU-99-11, SRINT SPECTRUM - GATOR AIRBOAT TOURS & SPRINT PCS TOWER SITE OWNER/AGENT: Agent: Applicant: OwTler; Mr. Jason Laskey Mastec Wireless Services 3201 West Commercial Blvd., Suite 116 Ft. Lauderdale, Florida 33309 Sprint Spectrum, L.P. 1150 North Meadow Parkway, Suite 118 Roswell, Georgia 30076 Ervin and Lynn Stokes 343 Smallwood Drive Chokoloskee, Florida 34138 REQUESTED ACTION: To obtain a conditional use for adding a telecommunications tower and related facilities to property already used for an existing airboat tour operation, and as specifically required in an "A-ACSC/ST", Rural Agricultural Zoning District within an Area of Critical State Concern and Special Treatment Overlay, pursuant to Conditional Use 23 of Section 2.2.2.3 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 31112 Tamiami Trail East in Section 2, Township 53 South, Range 29 East in Collier County, Florida. (See iljustration on the following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a conditional use approval to construct a telecommunications tower on land in an "A- ACSC/ST' zoning district. The 250-foot tower will be located approximately 425 feet south of the fight-of- way of Tamiami Trail East (U.S. 41), and about 50 feet from the east and west property boundaries. The lease parcel will be 45.5-foot by 100-foot in size and will contain two concrete accessory equipment pads (approximately 10' x 16.5' and 5' x 10') and two parking spaces for the occasional repair vehicles. The tower and equipment pads will be fenced and landscaped per requirements of the LDC. The lease site will be automated and will not require personnel, except for routine maintenance, repairs to equipment, and installations of antennas. Access is from U.S. 41 via the Gator Airboat Tours private unpaved (gravel) drive. The Gator Airboat Tours is a recreational/tourist business that conducts boat tours and provides wildlife exhibits. The land is part of a vacated railroad fight-of-way, and extends 9,000+ feet south from U.S. 41. It is approximately 100 feet in width and consists of approximately 20.6 acres. The ticketing/office building and exhibits are located within the first 450 feet of the site and the boat docks are located at the southern terminus. The tour boat operation was approved by a conditional use in 1994 (Res. 94-159/CU-93-18), and one of the conditions requires a new conditional use for any major change or addition to this use. Otherwise, the proposed tower would be permitted by the LDC if all County standards are met. SURRO[ .rNDING LAND USE AND zONING: Existing Cc :-~: .... :, 3are: '~ ::..: is a vacated railroad fight-of-way that has been :,,.n...i-tc.,,r~st use. The site is zoned "A" and is within the AcSC/ST overlays. Surrounding: North - U.S. 41 and Undeveloped land zoned A-ACSC/ST. East - Undeveloped land zoned A-ACSC/ST. South - Undeveloped land zoned A-ACSC/ST. West - Undeveloped land zoned A-ACSC/ST. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition was reviewed by staff for compliance with the applicable elements of the Growth Management Plan (GMP). Consistency relationships with applicable elements of the Comprehensive Plan are as follows: Future Land Use Element: The subject property lies within an Agricultural Rural-Mixed Use District and an Area of Environmental Concern as designated on the Future Land Use Element (FLUE) of the Growth Management Plan (GIMP). This area land use classification provides for those areas that are remote fi'om the existing development pattern, lack public facilities and services, and may be in agricultural production. This designation also permits a maximum residential density of one (1)dwelling trait per five (5) acres. The district also permits non-residential uses such as telecommunications towers, agricultural uses, and essential services. Therefore. this proposed use is consistent with the GMP as long as it complies with the ACSC/ST overlay regulations. Traffic Circulation Element: The proposed tower use will have negligible impact on roads trips and will not lower the level of service on any roadway segment within the project's radius of development influence. Traffic will be limited to only a few trips per week or month, and only for initial construction, maintenance, repairs or installation of equipment. Combined with the initial estimate for the boat tour operation, the impact will still be negligible at 169 to 200 average vehicle trips on a weekday. Therefore, this petition is consistent with policies of the Traffic Circulation Element (TCE). Other Applicable Elements: The parent tract is partially developed and disturbed and will not have an adverse impact on any environmentally sensitive area. It was also reviewed by the EAB in 1994. Therefore, this petition was not required to be presented to the EAC. Staff review indicates that this petition is designed to account for the necessary relationships dictated by the GMP. Stipulations are proposed by environmental staff to ensure consistency with the GMP during the permitting process. .... C/ARCHAEOLOGICAL IMPACT: oran's 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. As a result, no Historical/Archaeological Survey and Assessment is required. In addition, 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 ('om~w ~,:e Enforcement Department contacted. ,~, .mi, t3 ATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental staff, engineering staff, and the Transportation Services Division staff. No impacts were found by staff, nor were any Level of Service standards determined to be affected by this request; therefore, the conditional use request is consistent with the Growth Management Plan. In addition, appropriate measures and stipulations will be used during the site plan and building permit approval process to assure the County's interests and safety requirements are maintained. CRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code (LDC), and with provisions of the Communications Tower Section of the LDC (Section 2.6.35). 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. The below listed criteria are specifically noted in Section 2.7.4 of the Land Development Code thus requiring staff evaluation and comment. This criteria shall be used as the basis for recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either "pro" or "con" as the case may be, in the professional opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. Section 2.6.35.6.2.4 of the LDC allows towers with a height less than 250 feet on agricultural properties which have less than 20 acres in common ownership or control. Normally this site would meet this requirement, but the existing conditional use approval for a recreational-tourist use on this property requires a new conditional use be submitted for any major changes or expansion of any uses on this site. Therefore, the proposed uses must be reviewed under the criteria for findings contained in Section 2.7.4 of the LDC. a. Consistency with this code and Growth Management Plan. Pro: (i) The requested telecommunications tower use is consistent with the applicable elements of the GMP and provisions of the LDC. Potential impacts may be mitigated by proper use and adherence to the requirements.of the LDC. (ii) The proposed tower and location will help to reduce the future need for more towers in this area. (iii)The areas to the east and west are wetlands, will likely develop, and serve as a natural buffer between the uses and possible future uses permitted in the "A" district. (iv)The Florida Department of Community Affairs has coordinated review of this petition and has no objection to its location. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion (Findings): This petition is consistent with the FLUE to the Collier County GMP. The existing use is permitted by an approved conditional use (CU-93-18) for sites located in the Rural Agricultural district and the proposed tower is permitted by right when all standards of the LDC ~ .d policies of the GMP are met. Therefore, both the existing use and the proposed telecommunications tower are consistent. bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of tire or catastrophe. Pro: (i) The project's existing ingress and egress is from U.S. 41 via a private gravel drive. This access will not adversely impact traffic flow due to the low traffic demand for this use. (ii) Due to the low traffic volumes generated by the project and the clear site distance on U.S. 41, the location of the access should not interfere with traffic safety and operational LOS. Con: None Summary Conclusion (Findings): The condition of low traffic volumes and clear site distance from the access point combine to produce optimum operating conditions. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) The tower use will not produce any noise or obnoxious odors. (ii) The east and west sides of the property are buffered by adjacent agricultural lands and wetlands. In addition, a landscape buffer is required along the proposed tower compound to screen the equipment fi.om the neighboring properties. (iii) The proposed location should have little impact on agricultural property values. (iv) There are no homes within several miles of the existing and proposed use, and no habitable structure within a distance equal to the collapse area of the proposed tower (50% of height) as specified by the LDC. Con: (i) There is little possibility of glare to homes from required tower lighting because there are no homes nearby. Also, requiring the applicant to request dual-mode lighting, white beacon lights for night time and red flashing strobes for daytime should have no impact on neighboring properties and will reduce the likelihood that birds will collide with the tower by being attracted to the red lights at night. (ii) The proposed tower is usually perceived as being somewhat visually obtrusive even fi.om a distance. Summary Conclusion (Findings): In the opinion of staff, the proposed tOwer will have limited negative effects on neighboring properties in relation to noise, glare, economic and odor effects. Because of the height of the tower and the distance from neighboring homes, it is unlikely that there would be an associated glare problem. Some travelers may find that the sight of a tower along scenic corridors is visually obtrusive. d. Compatibility with adjacent properties and other property in the district. Pro: (i) A telecommunications tower for the most part represents a passive use of land, and is, therefore, compatible with adjacent land uses if minimum separation standards are provided. In this case, the surrounding natural environment creates a separation between possible future neighboring uses creating an adequate buffering. (ii) Surrounding land use is predominantly undeveloped agricultural containing wetlands. The proposed use should not produce any condition of incompatibility. Con: The proposed tower use could be perceived as invasive, visually, in a residential area, especially when there are no separation standards, or natural buffering as in this case, limiting distances between towers. Towers in these areas will provide cellular and PCS telephone coverage, initially, but capacity demands will require more towers to be constructed along major rural routes in order for tho wireless telecommunications providers to attempt to establish "in-vehicle" coverage ~ .~ ' :nm:am. PCS phone services have less coverage area than cellular services; therefore, more towers will be requested in the future. Summary Conclusion (Findings): The proposed use is deemed compatible with the neighboring properties since a tower is essentially a passive use of the land. The propos~-d use should not create any condition which would be deemed incompatible if required LDC standards are met. STAFF RECOMMENDATION_A: Staff recormnenas th;,[ .2. "-' ,;~:ng Commission forward CU-99-11 to the Board of County Commissioners with a recon~,,,,~,aa,.on of approval subject to the conditions incorporated into the Resolution of Adoption. PREPARED BY: PLANNER t o -o2& y DATE VIEWED BY: · '?-.. :_ ~ ~I'~"6, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. ~MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE ':(' '" '- -. ?AUTERO, AICP, ADMINISTRATOR ...... ,dTY DEV. AND ENVIRONMENTAL SVCS. DATE Petition: CU-99-11 Staff Report for November 4, 1999 CCPC meeting. Note: This petition is tentatively scheduled for the November 14, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN STAFF REPORT/CU-99-11/DJM APPLICATION FOR PUBLI: HEARING FOR: Petition No.: CU 9 9 - ~. ~. '' Date Petition Received: Commission District: Planner Assigned: ,. ~,~OVE TO' bE cOMPLETED BY STAFF General Information Name of' Applicant(s) Applicant's Mailing Address Applicant's Telephone # State 8-A zip $0~7~ Name of Agent ~ Firm Agent's Mailing Address.~,20]. bO. (~Ollr]llOe[~ ~/A[.. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION ltOR lqI~LlC HEARING FOR CONDITIONAL lINE Complete the following for ail Association(s) affiliated with this petition. sheets if necessary) (Provide additional 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 lnformation~ If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties wi~ an.gwnership interest as well as the percentage of such interest. (Use additional sheets'if necessary). N~rn~ and Address , Percentage of Ownership APPLICATION FOR PJ,~LIC F~-.ARING FOR CONDITIONAL II~E . 6/9' PAGE 2 OF- 5 ,i__/¢. - If' the property is owned by a CORPORATION, list the officers and stockholders and the ~ercentage of stock owned by each~ Name, Ad~e~ and Office Percent-ge of Stock If the property is in the name of a TRUSTEE' list the beneficiaries of the ~st with the percentage of interest. Name and Address Percentage of Interest ,- - : .... -N'ERAL or LIMITED PARTNERSHIP, list the Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an i~dividual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contr~t purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Pel~-ntagc of Ownc~h~ Date of Conuact: APPLICATION l~OR PUBLIC H~.ARING FOR CONI~rrlONAL USI~. 6/9_e £. list all if any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address If, Petitioner has option to buy, indicate date of option: terminates: tO/~ , or anticipated closing date A/ Z,5" ~gmos. 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 le_~ai 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: 2. Township: 5 3 Range: Lot: Block: Subdivision: ~lat Book_Z~/,/I/ Page#: Metes & Bounds Description: S~;6' AC~-..,nc/--~'p Z.e~dc.. p£rcz,'/,6'io,,J., , Size of property_: Total Sq. Ft. Acres Address/_~enernl loeaflon of sub_leer pro_nert3q, APPLICkTION FOR PUBLIC HE, I~I~ING FOR CONI)rI~ONAL USE - 6/9~1 Ad_iacent zoning and land use: Zoning N /q-/lc,se2 Land use 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: Su~~~~~, Plat Book Page ~:_x~~roperty I.D.//: Metes & Boun~ription: ..8. APPLICATION FOR PUIHJC HF. ARIN(7 FOR CONDITIONAL ~.~Rt.pf Con. ditionnl Use: This application is requesting conditional use # of the district for Crre£oFus£) ~,5~; ~'o,~,~,~,t;¢~_.;o,05 esclsr Pm~tUseof~eP~pe~:.~O ~~a~ ~5~ ~ Ewlu~flon CHtefin: Pm~de a n~five smt~ent d~cfibing ~s requ~t for con~tional u~. NO~: P~t to S~fion 2.7.4. of ~ Col~er Co~ ~d Development Code. s~s ~~endafion to ~e Plmg Co~mon nd ~ Plmg Co~uion's ~~d~on lo ~e Bo~ of Zo~g Appmls shffil be b~ upon a ~ding ~g of ~ con&tional ~e ~11 not ~v~ely ~t &~ public ~te~t ~d spmfic ~~~m gove~g ~ in~d~ con~fion~ ~ g my, ~ve b~ me~ ~d ~ ~, safisf~to~ pm~sion md ~gemmt hav~ b~ m~e con~g the follo~g ~, wh~ ~plic~le. Ple~e p~de de~il~ r~pou~e to e~ch of eNteHon lht~ below. Sp~i~ how and why the requ~t i, con~hteut (A~ch additional pag~ ns may be nec~s~). PAGE 5 OF 15 ao Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element):. The Applicants project is consistent with the Collier County Land Development Code, as section 2.6.35.6.2, Item #3 states Towers are permitted in "Agricultural zoning districts within the rural designated area: Towers not exceeding 280 feet. The Applicants request requires Conditional Use Approval due to restrictions placed on the property pursuant to a Conditional Use previously granted on the property to allow for the operation of a tourist/airboat business operation in the A-ACSC./ST. The proposed unmanned facility will not adverse effect population density, activity, or parking. It use will not be detrimental to the surrounding properties or communities. Its existence will provide a public benefit by means of the provision of quality telecommunications service in the area. b. Describe the existing or planned means of ingress and egress to the property and ,, proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe:. Ingress and egress to the site from U.S. 41 (Tam/ami Trail) will be gained on to the property by way of an existing drive/access road. The applicants unmanned facility will not create any increased or undue traffic burden nor shall the facility require a need for additional parking. The facility will require approximately two short visits per month by a Sprint PCS equipment technician to perform routine maintenance. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor. Conditional Use approval of the Applicants propos~ tower site will have no adverse effect on neighboring properties. Adjacent property is comprised of property zoned A-ACSC/ST. The properties are undeveloped and consist of low, wetland areas which most likelY will not be developed in the future. There exists no residences or businesses in the adjacent properties. The proposed facility requires household level current usage and standard phone service for its operation. Thus, the facility will not create or produce noise, odor, traffic or trash. d. Describe the site's and the proposed use's compatibility with adjactmt properties and other properties in the district: This project is compatible with adjacent pr~-~nies and-~imilar property usage in Collier County. All contiguous properties are zoned A-ACSC/ST with no current development. The us~ is consistent with uses allowed in the Agricultural zoning district where communications are a permitted use on Agricultural parcels comprised of 20 acres or more. The use is consistent with the Collier County Land Development Code and will comply with all land use regulation. e. Please provide any additional information which you may feel is relevant to this request. The Applicants request, typically a permitted use in the Agricultural zoning districts consisting of 20 acres or more, requires Conditional Use Approval du~ to restrictions placed on the property pursuant to a Conditional Use previously granted on the property to allow for the operation of a tourist/airboat business operation in the A-ACSC/ST. Collier County Resolution iF)4-159 granted the current business operation the property conditional use approval subject to the following restriction: Expansion of the uses identifi6d and approved within this conditional use application, or major changes to the site plan submitted as part of this application shall require the submittal ora new conditional usc application 10. 11. Deed Restrictions: The County is legally precluded fi-om 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_leer prope~: To your knowledge, has a public hearing been held on thi~. property witl~i~',n the last year? If .so, what was the nature of that Additional Submittal requirements: In addition to this completed application, the following must be submitted in o"rder for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b~ Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" cern' ,'." ',~ : .: ...... vdmum scale of 1 inch equals 400 feet, depicting the t.- ~': 'A? . -:.: .: he pian may be requested upon completion of staff ~.,amatlon for distn0uOon to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, * provisions for existing a..: ..... r proposed ingress and egress (including pedestrian ingress and egress to the ~;'..c and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], * locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve ar~as, · 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 dimens/ons (such as height, area, etc.); An Environmental Impact Statement (ELS), as requi~i by Section 3.8. of the Land Development Code (LDC). AI~PLICAT~ON FOR FUIILIC IIEARING FOR CoNDmONAL U~E ? 6~' dj t Whether or not an ElS 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 (~IS), 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 H1KAI~ING FOR CONDITIOI~IAL U~K - 6.'~ ' 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: ]~LN__Q.l~Generally required for conditional use (and 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. ]~LO.B._T.I~q.~Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: Tx~ Generation: Annual Average Daily Traffic (at buildout) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) Trip Assignment: Within Pad/us of Development Influence (RDI) Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) Impact of thc proposed usc on affected major thoroughfares, including any anticipated changes in level of ser~i~e (LOS). Any proposed improvements (to the site or the external fight-of-way) such a~ providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. De~eribe 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 ('I'CE) of the Growth Mann$~nent Plan (GMP), including policies 1.3, 1.4, 4.4, $.1,52, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor Ti'S, and shah also include an analysis of the following: '1, Inte~sec*~on Analysis 2. Bscks;round Traffic 3. Future Traffic Through Traffic Ptanned/Proposed Roadway Improvements Proposed Schedule (Phasing) of Development APPLICATION FOR I'II~LIC ll~ARIlq(~ l:'OR COlql~iT1O~lkLJ .~L:..{/~ TRAFFIC IMPACT STATEMENT _ri'IS') 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 CRI)I) in conformance with the acceptable traffic engineering principles. The rates published in thc 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 Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existfiag Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service ~OS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. Radius of Development Influence (RDB: The TIS shall cover the least of the following tWO a ) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". 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 HEIRING FOR CONDITIONAL USE -6/91 Intersection Analysis: An intemection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed-t,200 Vehicles Per Hour (VPH). ~ -~ .~.~~ PAO -,o{o, IY~"~ The effects of' previously approved but undeveloped or partially e~ /hich may affect major thoroughfares within the RDI of the proposed provided. This information shall be depicted on a map or, alternatively, in a ~rojects and their respective characteristics. ~1 An estimate of the effects of traditional increases in traffic resulting from opment shall be provided. Potential development is that which may be imally under the effective Future Land Use Element (FLUE) and the Collier )evelopment Code. This estimate shall be for the projected development ,~, : projects RDI. A map or list of such lands with potential traffic impact 11 be provided. igl At a minimum, increases in through traffic shall be addressed through ~he methodology used to derive the estimates shall be provided. It may be :lude any additional documentation and backup data to support the :11. ed Roadway Improvements: All proposed or planned roadway :areal within the RDI should be identified. A description of the funding 11 also be included. ~. 'u a project phasing schedule is der~e*,,tem u~on *~ro-osed roadway p~ .~g sch~ule may be inc .... ~. mitigat~ ~ugh a ph~ing ~ ..... : . ~: ~.nL ~,~ale may be of ~y approval. , USE REOIIEST ~ppilcable system): .IN[g i~OR ~ON~IT~ONAL uSE. 6/~n PAGE 11 OF 15 TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 10. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . 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 :~-~ the services boundaries of Collier County's utility service system, written notarized ~ ~aent shall be provided agreeing to dedicate to Collier County Utilities the water a~stribution 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 AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the pwject is to receive sewer or potable water services from afiy provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the pwject shall be provided. APPLICATION FOR PUBLIC HEARING FOIl CONDITIONAL USE -~.Ot PAGE 13 O!~ 15 / CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST. IS TO BE SUBMITTED WITH APPLICATION .PACKET! REQUIREMENTS # oF pOT COPIESREQUIRED REQUIRED i. Completed Applicatio~ 11 .... 2. Copy of Deed(s) and list identifying Owner(s) and ~"11 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 4. Pre-application notes/minutes 11 ' 5. 'Conceptual Site Plans 1 6. Environt~ntal Impact Statement- (ELS) 4 7. Aeria'i Photograph - (with habitat area~ identified) 4 8. Completed Utili~ Provisions Statement (with'~'equired 4 attachment~ and sketches) 9. Traffic'Impact Statement- (TIS) 4 i0. Historical ~ ArchaeolOgical Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of proposed structure(s) 4 13. APplication Fee, Cheek shall be made payable to - Collier County Board of Commi~sioner~ i4. Other ReqUirements. ., As the authorized agent/applicant for this petition. 1 attest that ali of the information indicated on this checkli!t is included in tl~ submittal package. I understand that failure to include all necessary s~,bmittal information may result in the delay of proc~a ~l~is petition. API~LICATION FOR PUllLIC HKARING FOR CONDITIONAL U~K - §,.~" AUTHORIZATION OWNER'S SWORN TO CONSENT PERMITTING TENANT TO FILE FOR A HEARING 1;'''E~'°~vx. '-.~4%'¥C"O__~... , beingduly sworn, depose and say that I am the owner, or amhorized representative of owner, of the Property described herein and do hereby authorize SPRINT PCS, and their authorized representative, Mastec Technologies and Mastec Wireless Services, to file all governmental applications and/or forms as well as attend all necessary public hearings for site approval. OWNER or Authorized Representative of OWNER , ~_ ~, ,; .5'-i-,; ~ ~ Print Name Dale STATE OF ¢ \OC ~ ~.. o.. COUNTY OF CO ~/~' c" The foregoing instrument was acknowledeed before me this ~ day of CIXotr¢le.x , 1999, by ~0,9, ,,~~ .... ,asOwner (or Authorized Representative of Owner). He/sl.~ ~e~sonal knmvn to~e 6r provided ,ns identification and~e did/did not take an oath. · ". (AFFIX NOTARIAL SEAL) ". (Official Notary Signature) My Commission expires: Robena UY COMMISS~ e CC80~89 Februa~ 19, 200S Notary Public, Slnle of Florida Prin~ed, typed or Stamped Name of Notary ~ ~'0 :v~ ~'~% K ~-~ being duly sworn, depose and that I am the owner of the property described herein and which is subject matter of the proposed h.earing; that all the answers to the ~tions in this application, and all sketches, data and other ~lementary mater attached to and made a part of this application, honest and true to the best of my knowledge and belief. :rstand this application must be completed and a_~cu~ate_before a 'lng can be advertised. I further permit . (AGENT'S NAME) ct as my representative in any matters regarding this petition. ~ of Florida :y of Collier _T_~dae_f~r~ o~g Agreement Sheet was acknowledged before me this of ~~ ... ~%okf a .., who is known ~--. .... . as a~-::.- -'-,:, .~ oath. .~gnature of Notary Public) ~"~. ~o~o 81one NOTARY PUBLIC ~a~ 19, ~00~ -l- Sprint PCS' Spr~t Personal ~c~Jan Technical Services & Network Operations Southeast Regional Office 1150 North Meadow Parkway Roswell, Georgia 30075 February24,1999 Letter of Authorization ', o 'w no~n It May Concern: Sprint Spectrum L.P. has authorized MasTec Technologies, Inc. to act as it's representative. This would include, but not limited to site acquisition, zoning, permitting, and construction functions list of authorized personnel to act on behalf of Sprint Spectrum L.P.. any questions, please feel flee to contact me at 770-346-7858. Sincerely, t-foe Morgan Site Development Manager MasTec Technologies, Inc. $201 West Commercial Boulevard, Suite 116 Fort Lauderdale, Florida 33309 Phone: (954) 255-1576 & Fax: (954) 739-5678 February 24, 1999 AUTHORIZED PERSONNEL Jerrad Jasper Elizabeth Rega Glenn Bialy Hal Hodges Amy Kennedy Andrew Lewis Antonio Piedra (contractor for MasTec) Armando Perez William Abell Charlotte More jori C sanne Westin Horacio Moncado Jason Laskey Karolina Hen'era Marie-Louise Skafte Michael Mejido Patsy Montgomery Patty Turner Randy Garrett Richard Bogatin Steven Emberlin Tania Cordova Tania Weber Teena Kibler Virginia Smith William Burke Woodie Williams Scott Richards (contractor for MasTec) Harlan Ginn (contractor for MasTec) Julia Schnell Sharlyn Vanegas JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" STEVEN M. SEIBERT Secrem~ September 1, 1999 Mr. Donald J. Murray, AICP Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Sprint Tower at Everglades Tram Rides Dear Don: The Department of Community Affairs reviews all development activities within that portion of Collier County which lies within the critical area. These activities are reviewed for consistency with the County's Comprehensive Plans, all applicable land development regulations and the Principles for Guiding Development, found in Chapter 28-26, Florida Administrative Code. The Department has reviewed the proposed plans for the abovementioned development and does not intend to file an appeal provided that no more than 10% of the site, under common ownership, is disturbed. Please call me if you have further questions or concern. I can be reached at (941) 534-7290. Please address any correspondence to the Green Swamp Field Office address. Sincerely, Rebecca Jetton Planning Manager Big Cypress Area of Critical Concern cc: Jason Laskey, Mastec Wireless Services 2556 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.84661Suncom 278.8466 FAX: 850.921.0781/Suncorn 291.0781 Internet address: http:l/www.state.fl.uslcomaHIdca GREEN ~WAMI~ FLORIDA KEYS 2796 C~,~rs,ea$ H~ghway. S,ml~ 212 E.~to~. Florida MamiYa, Fla~,da 2444 PG: 0050 **' Emhib£= 'A' :o l~arran=y Deed i BTItTP OP ~ IOOFT IN ~D,'H LYIN~ 50 ~ ON ~ SIDE OF ~ ~l Smc=i~ 2S, T~ship 52 Sou=h, R~go 29 Ess= on ~e Sou~ l~e of S.R. 90 o~ lm~ ~=~ng mou~es~erl~ ~d mou~dly ~oUgh Sections 2S, 36, m~ 35 of T~m~p 52 Sou~h, R~ge 29 ~s~, ~ Sec=ions 2 & 11 ot T~p 53 Eou~h, ~ge 29 EIIC, 14,992 feeC, ~rO o= loll, ~0 ~he Sou~h ~r=lon'~er~ conveyed ~ Or,=or Co MmrC~ J. ~, Jr. ~d ~ L~ ~f~ ~ deed da=ed Norther 14, 19UT~ ~SO d~eel 58" Wee= ~long said c~Cer ltn~ 965.8 feeC~ ~ce not--eagerly 58' Welt 1720 feet, ~re o= 1ell, Co I ~C ~ ~e Nor~ ~ Sou~h half eecc~on l~e of enid session 2j ~ence Sou=h along ~e North ~d Sou=h ~1~ eec=ion line o~ SeCtions 2.~d 11, T~I~p 53 SOU~, R~ge 29 EAi~, a~ ri~%~ ,-- '-- line/ ~ce northerly along ~e WoeC :, ~o ~d 50 ~ee= fr~ eaAd c~ter line, 1~ deed Ir~ Or~or ~ ~r=in J. ~, Jr. ~ ~y h~ ~o~ Ua~ed Nov~er 14~ 1997. Said ~cels of l~d =~e=her con=a~g 60 acres, ~re or less, lying ~d FEET. ~.ON CONFORMING (YES) (NO AVaILAbLE (YES) (NO) TP NO. For official Use Only DATE OF LAST INSPECTION OF TOWER WAST DF2tDLINE FOR NEXT INSPECTION IS= This plan (is)~ associated with any ~ shared use plan. If assoc--, the tower site plan is number · Zoning classification of land site of this tower is: ~-~f~/l~' · This tower (is)~ a governmental tower. This tower not) perpetually unavailable.* This tower is ~-- (guyed). This tower is a (permitted)~dition~ use. Height of tower is 2~"~' feet above natural grade. This tower (is) ~--~ located on a speo~f~e~ essential service =onditional use The effective date of the original acceptance of this plan by Collier County is , 19 . This plan has been a:,~ended as follows~ (List all pages amended after original execution and acceptance~ This tower (is)~ a nonconforming use. STRUCTURAL ALTERATIONS TO TOWER. This tower ~(cannot} be structurally altered to accommodate any antennas owned by others. If paragraph S is such that a tower cannot be structurally altered, paragraph ~ herein should be answered "not applicable". If paragraph 8 is answered that the tower ~ be structurally altered, paragraph 19 should be filled out as detailed as possible to inform a prospective third party who is interested in possibly renting antenna space on the tower, to what extent there are possibilities to structurally alter the tower. ., If applicant asserts that the tower is perpetually unavilable, supply only information to prove basis for that assertion. Orig. Page Location of tower: Street address is Longitude/Latitude of tower site is:~~/ ~ Ac. ' ~o~. Legal Description of site: lO. TTpe of Tower= (Narrative Description o£ Tower) Desoribe below on this page in detail the relevant oharaoteristics of the tower to assist a third party to determine i£ the tower may possibly accommodate the third party's needs to efffix one or more antennas. It is recommended that & photograph o£ the tower be appended to this shared use plan, pre£errabl~ of & size between S" X 7'" and 8" X T. OW. ER ELEVATION 11. orig. Page Name(s) of All Owner(s) of tower= List the names of each and ever~ co-owner of the tower. If the tower is co-owned by two or more owners, or any individual entities, the full name of each co-owner individual or entity must specified in full. Add an addendum if needed. (77o. ??z- ZoIs- List the name of the individual(s) associated with owners that County Staff can contact to administer the Plan. The following individual or individuals are hereby authorized by ..... owner(s) to file amendments to this plan= 12. Phone Number(s) of Owner(s) 13. Transmission Line Limita~ionl. List transmission line limitations, if any, that may limit any antenna apace that might otherwise be available on the tower ~ such transmission line limitations. All such alleged l~mitations must be approved by the County. 14. Orig. page 4 - / / ~tNTENITAS OF OWNER(S) AFFIXED TO TOWER. List all specified information. List only antennas owned by the tower owner(s) in paragraph 14, below. This paragraph must be promptly up-dated whenever an installed antenna is permanently removed or whenever another antenna of the owner is added to the tower, or other data changes, such as, for example, flat plate area. If an antenna of the owner is added to the tower, but such an antenna was not specifically listed in paragraph 15 of the plan, it will be necessary to delete the closest similar tower from paragraph 15 below. (FT} a) b) TYPE OF F.P. INSTALLED ANTENNA AREA* M0/YR ADDITIONAL INFORMATION ~ is 14- 14- 14- 14- 14- 14- 14- 15. ~.V~.TION OF OWNER"S ~NTENNAS. LiSt all antennas, if any, that ,. ~ : ~erved by owner for later installation= If an antenna in this paragraph is to be installed not later than a .w=c~fied month and year, but the antenna is not installed by that specified time, the antenna that is not installed by the stated deadline shall be considered automatically deleted from paragraph 15 and shall automatically be added to paragraph 16 as '"space available to others'" of a like antenna at the specified height and location. To prevent such automatic transfer from this paragraph and concurrent addition to paragraph 16, the owner must submit an application prior to the deadline to request that a revised page be approved to extend the installation deadline in accord with the Collier County communications Tower Ordinance. F. P. PROPOSED AREA* INSTALLATION ADD~NDI3M ~ IS ~/~ 15- *FLAT PLATE AREA IN SQUARE FEET. orig. page 16. ANTENN~ SP~CE ~V~ILABLE FOR USE BY OTHERS: It is possible that each line item (a) through (i) of this paragraph 16 that is filled in will require an addendum, cross-referenced to the related line, e.g., addendum to 16-(a), etc. Also, if a tower can accommodate more than nine (9) antennas of others, an addendum shewing lines (J) to (?) must be appended to the Plan. As with all other date, whenever facts reflected in paragraph 16 and/or and addendum hereto must be promptly filed with the County to up-date the Plan. Whenever an antenna space listed on this paragraph 16 is actually utilized by the affixing an antenna to the tower, the space must be deleted from this paragraph 16 and the antenna must be added to paragraph 17 of the Plan with the appropriate cross-reference to this paragraph 16. d) e) ,) h) i) MAX. RANGE OF AVXILABLE HT. OF ~NT. ANTENNA TYPE ( S ) F. P. * RENT PER LEASE: YRS ABOVE OD. (FT) ALLOWED ~ ARE~% MONTH IS* MIN.- MAX. b)__to (--)-- $ to ~_ c) to (--)-- $ to __-__ __to ( ) $ to __-__ to ( ) $ to -__ to ( ) $ to __-__ to ( ) $ to __-__ to ( ) $ to __-__ to ( ) $ to __-__ *F.P. - FLAT PLATE AREA IN SQUARE FEET. ~ - Add addendums as needed. Cross reference to 16-a, 16-b, etc. Include any special facts or conditions that pertain. If there is an addendum for the respective line, place an "X" on the corresponding line~ (a), (b), etc. to indicate the addition hereto of the respective addendum. Additional Information= (b), etc., above: Cross-referenced to the applicable line: (a), Orig. page 8 - CERTIFICATION By OWNERS / / It is hereby stipulated to Collier County that the persons signing this shared uso agreement have full power and authority to execute this plan on behalf of tho owner(s). It is hereby stipulated and agreed that this plan is and shall be binding on any and all successors or assigns of the tower owner(s). It is agreed that if the owner(s) sell or otherwise transfer ownership of the subject tower and/or antennas while affixed to the tower, that all successor owner(s) shall be required by the owner(s) to become signatories to this shared use plan by addendum hereto. It is further agreed that no antenna, transmission line, or accessor~ facilities shall be added to this tower except in accord with this shared use plan as then amended. It is agreed that the owner(s) will promptly reply to all inquiries from others regarding possible use of the~ subject tower, will negotiate in good faith to accommodate the needs of the inquiring person, and will otherwise comply with all provisions of the Collier County Communications Tower Ordinance, as then amended. SIG1TATURE BLOCKS Orig. Page? - / / 18. Ancillary Facilities: List all on-site capability to accommodate ancillary facilities of others generally or by cross reference to each antenna listed above in Section 16, (a),(b),(c), etc. List rental costs or range of rental costs for space for such capacity. List in meaningful detail an explanation of what is the extent of capacility to accommodate ancillary facilities (at the base of the tower) to accommodate the needs of others who may desire to rent antenna space on the tower. Be as specific as the circumstances allow. This paragraph 18, as all other aspects of the plan, must be promptly updated due to changes in the circumstances. ~ .~ral Alterations= List in detail to the extent known what ? ..... of structural alterations may be possible to accommodate owers of others: 20. MISCELLANEOUS RELEVANT INFORMATION= Orig. page 9 - SIGNATURE BLOCKS (continued) nb/7392 July 19,1999 Don Murray Principal Planner Collier County 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition No. CU-99-I 1, Sprint PCS Communications Tower (Everglades Tram/Hwy 41) Dear Mr. Murray, Enclosed please fred additional information regarding the evaluation of all existing towers, of equal or greater in height, within a six mile radius of Sprints proposed facility to be located at 31112 Tamiami Trail East, Everglades City, FL 34139. Upon its scheduling, it is also my intention to have a Sprint RF representative present at Planning Commission heating to answer questions regarding the site location and overall system requirements. In the event you require additional information, please don't hesitate to contact me. Sincerely, Agem for Sprint PCS Mas Tec Wireless Services 3201 West Commercial Blvd. Suite 116, Ft. Lauderdale, FL 33309. Telephone 954-255-1576. Fax 954-739-5678 prairie ~te Praine ~Roya3 p aim HammOCk WJ 33-041 (D) T Gate Bay .: VRusseit Key ~sandflY Istand Chokolos~ee pass I I I ! 11 ! ,~400 April 30, lggg .~AY ! 0 lgcj.q 3201 W. Commercal B~vd. ~ 16 FL Lauderdae., Fl 33309 99-11 Dear Woodie Wiiliams: Subjecl: Ml33 C041/Everglades Tram Rides ~ Juslificalion SprintPCS's marketing group requested cc?,~,-~ .~ h'_~hway 41 and to serve the population not 41ancl the planned sites on Highway 29. f°r a site at 250 feet is approximately ~ re,es m radius. Cl°sest to the planned site, where the power level is the highest ( -65db to -75db), a user has what is considered - urban' coverage. The national engineering spec by which we engineer requires a -97db signal coverage that is considered to be 'in 100 db. * In vehicle' coverage is ~ minimum - The nt~,~n,~ ,.~,, ~,. ,~, ......... . ....... .. ,, desirable coverage required for users on Highway 41. and have no sen4oe as they drov~ into £verglacl~ C4ty.~°uld r~ be contiguous coverage c~ H~h~y Shou~ ~ have any additio~ qu~slians, I can be William B. Moore 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION 99-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 23 IN THE A-ACSC/ST ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. 14 WHEREAS, the Legislature of the State of Florida in Chapter 6%1246, Laws of Florida, and 15 Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and 16 enforce zoning and such business regulations as are necessary for the protection of the public; and 17 WH~EREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance 18 No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the 19 zoning of particular geographic divisions of the County, among which is the granting of Conditional 20 Uses; and 21 WHEREAS, the Collier County Planning Commission, being the duly appointed and 22 constituted planning board for the area hereby affected, has held a public hearing after notice as in said 23 regulations made and provided, and has considered the advisability of Conditional Use 23 of Section 24 2.2.2.3. in an A-ACSC/ST Zone for airboat tours and related facilities and commtmication tower on the I 1 I I I I ! 25 property hereinafter described, and has found as a matter of fact (Exhibit 'A') that satisfactory 26 provision and arrangement have been made concerning all applicable matters required by said 27 regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier 28 County Planning Commission; and 29 V~qEREAS, ail imerested parties have been given opportunity to be heard by this Board in a 30 public meeting assembled and the Board having considered all matters presented. 31 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of 32 Collier County, Florida that: 33 The petition filed by Jason Laskey of MasTec Wireless Services representing Sprint Speclxum 34 L.P. with respect to the property hereinafter described as: 35 36 Exhibit "B" which is attached hereto and incorporated by reference herein 37 be and the same is hereby approved for Conditional Use 23 of Section 2.2.2.3. of the A-ACSC/ST 38 Zoning District for an airboat tour facility and related facilities and communication tower and 39 associated exhibits in accordance with the Conceptual Master Plan (Exhibit "C') and subject to the 40 following conditions: 41 I I I t I I 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25 26 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: ~. aom~ru -2- Ii I1 I I 1 I I ! ! ! FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-11 The following facts are found: Section 2.6.35.6.2.4. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ao Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safesy and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o Affects neighboring properties in relation to noise, glare, economic 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 within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT CHAIRMAN/ EXHIBIT "A" '* 2444 PG: 00 0 *' Exhibi= °A° :o ~arran=y Deed A ~.IP Off ~ 10OPT IN ~D~ L~ S0 ~ 0N ~ SIDE 0F of L*~ ~~g I~ee~erly ~4 lousily ~ugh Soc~o~ 2S, ~ 35 of T~B~p 52 ~, X~g~ 29 ~tC, ~ Sec./one 2 a 11 T~p 53 ~, ~ 20 Emac. L4,992 ~oe~. ~re or ~ooa, l~e of ~e ~/4 o~ ~e ~1/4 o~ maid ,~c~Lon 11~ ~S ~ ~, ~r~X~'ber~t couvo~ ~ Oru~r to Ma~ J. b~, Jr. ud ~ h~ ~f~ ~ de~ da~ Novae= 140 19~Tr ~0 ...... '"-~-- ~. T~e~p S3 Sou~h. ~go 29 Zamcs ~ce S~ ~ : en~o~ lin. 965.8 foec~ ~ce - ~:' .... = loca~ed ~= o~ b~4~i-g Sou~ 19 d~eee section l~e of laid e~tion 2~ ~ence S~h along ~e No=~ ~d gou~ ~lf .ecCion line o~ Se~Cionl 2.~d 11, T~s~p 53 Sou~, ~g~ 29 Ease, WeoC ~tgh~ o~ way l~e o~ ~r~Co=. v~ch ~inC la SO feeC West, ~r~lon h~re~f =ou~ or ~ceptod in deed fr~ ~r~tor ~, Jr. ~d ~ h~ Hot~ dated No~er 14, 1997. Said ~c,ll of l~d ~e~her couta~g 60 acres. ~=, or lees, lying Exhibit "B" t t I I . ~ ,,, I {I ~ !illit!' I' i ' ~ I~'~ iliJjlll'l !! il ,~til~I 'l,,~,! iT¥1 - ! / lli iii odolo o o olf} o ~' ~I ~ ii' · ,"',"~,"N"~'~'I d d d Il ! ! ! ! I ! Conditions for Approval of Conditional Use CU-99-11 (November 18, 1999) The Planning Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County land Development Code (Ordinance 91-102). Tower lighting as required by either the Federal Communication Commission (FCC) or the Federal Aviation Administration (FAA) shall be affixed to the proposed tower. A white stxobe light for night time lighting and red flashing beacon for day time lighting is preferred, therefore, the applicant shall request approval of dual mode lighting from the FAA/FCC. No outside storage of vehicles or equipment are permitted except as needed on a temporary basis for *emporary work or repairs. .No habitable building shall be placed within a fall zone/collapse area around the base of the tower as certified by a professional structural engineer licensed to practice in the state of Florida and as identified on the site development plan. Prior to a certificate of occupancy all exotic vegetation as de£med by the County Land Development Code shall be removed from the approved site development plan (SDP) development footprint. All developed areas shall be maintained free of exotics as required per Section 2.2.24.7.4.18. of the LDC. ~ ;pon issuance, the building permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs (DCA). Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation, or other construction activity, an historic or archaeological artifact is found, al development within the minimum area necessary top protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. Approval of this conditional use shall not be misconslxued or interpreted in any way as to nullify any pre-existing stipulation as may still apply to CU-93-18 (Resolution 94-159). Exhibit "D" PETITION CU-99-23, J. GARY BUT] F-R, P.E., OF BUTLER ENGINEERING, INC., 'REPRESENTING JAMES ~OPER,'REQI3ESTING ~CONDITIONAL USE '~" OF THE "RMF-16" ZONING DISTRICT FOR AN ASSISTED LIVING FACILITY FOR PROPERTY LOCATED ON THE NORTH SIDE OF US 41 SOUTH, ON LOT L, LELY GOLF ESTATES IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ._C!~M.IER COUNTY, .FLORIDA, CONSISTING OF 4.74+t- ACRES. CONSIDERATIONS: The applicant requests a Conditional .L;lse -in order ~ construct ,and ~eper~te--=an =assisted 4ivi~ facility. ~fle 13roposed facility ~/ill l~e ~a one-story 'building 'designed -to ~blend with 'the residential community to the east. Services will include physical therapy and a nurse's office as well as a dining room. The ALF wilt comply with the County floor area ratio of 0.45. FISCAL IMPACT: If this petition is approved, the use as an assisted living facility will have no fiscal impact on Collier County, except for impacts normally associated with development. ,GROWTH MANAGEMENT IMPACT: The subject paroel is designat~ as ~ Use ~t lhe Future Land Use mal~ of the Growth Management Plan. The Urban-Mixed Use Land Use Oesi~ 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 cam facility, the petition shall be consistent with the Futura Land Use Element of the Growth Management Plan. The site is within the Urban area; therefore the conditions Df the Administration Commission's Final Order are not applicable. ,HISTORIC/A~~LOGi~M. fltRPACT: 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'ST~FF'RECOMMEN DATION: *=Plannin~ ~ervic, e. s ~staff ~mended -*that ~the C~llier ':County =Planning Commission recommend approval of Petition CU--99-23 to-the'Board of Zoning Appeals, subject to the stipulations in the Resolution. FAC P~EC_,,OMMEN DATION: The Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: At the November 18, 1999 meeting of the Collier County Planning Commission, the Commissioners voted unanimously to recommend approval of CU-99-23 to tt'~ Board of Zoning Appeals, subject to the conditions in the Resolution. 2 DEC PREPARI~D BY: FR~[__ R~SCHL, SENIOR PLANNER CUR1 -_'NT PLANNING I~V .~~WED BY: ~ ~°,ONALD -F. ~t~,~ CURRENT PLANNING MANAGER DATE DATE ~ERE, AICP PLANNING SERVICES DIRECTOR /- ,./ DATE VINCE~JT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-23 ~/?/-. D~C 1 4 1999 TO: COLLIER COUNTY PLANNING COMMISSION -FROM: 'FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 25, 1999 PROPERTY OWNER/AGENT: .4~brey N. Wood, .~r~[stee 547 Gabriel Circle, #2 Naples, FL 34104 CONTRACT PURCHASER: James Soper 3221 Fruitville Road Sarasota, FL 34237 AGENT: Gary Butler, PE Butler Engineering, Inc. 2223 Trade Center Way Naples, FL 34109 The Petitioner requests Conditional Use 6 of the RMF-16 zoning district for an assisted living facility. DEC P~. A~A iTEM The subject parcel is located on the north side of US 41 east of the intersection with Rattlesnake Hammock Road, south and east of the Lely Canal and consists of approximately 4.74.1: acres. DESCRIPTION OF The applicant requests a Conditional Use in order to construct and operate an assisted livfng facility. The proposed facility will be a one-story building designed to blend with the residential community to the east. Services will include physical therapy and a nu~-~e'~-offic~ az well as a dining room. The ALF will con, ply with the County floor area ratio of 0.45. SUBJECT: SURROUNDING: Northwest: East: South: Southwest: Undeveloped land; zoned RMF-16 Lely Canal, offices and condominiums; zoned C-4 Lely Golf Estates golf course; zoned GC US 41, across which is the Collier DRI PUD Lely Canal and undeveloped land; zoned A 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 an assisted living facility, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. 2 H~STORiCIARCHAEOJ.~GICAL IMP, ACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. "TRA'NSPORTATION,'iNFR~STRUCTURE '&'ENVIRONMENTAL'EVALUATION: The proposed impact of an assisted living facility on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ~r*n~nn 4"-~'.~r. nndc,~inn..e, halla~nal~c~-a :.fin41nn ~_h~t 4b,-,-.~rantinn ~nf4hAJ2'~nn~lltinna144e,~4A;ili 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: Since -an -as~-'-isted living facility 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, t,~;;c flow and control, and access in case of fire o~' catastrophe. PRO: The proposed facility will have access via a single driveway from US 41. There is an existing sidewalk along the road and pedestrian access to the ALF will be constructed. 3 CON: The ALF will generate approximately 258 average trips per weekday. ANALYSIS: An assisted living facility generates less traffic than a multi-family residential structure (a .permitted use on this parcel). Therefore, the facility should operate adequately and with an acceptable level of safety. The effect the Conditional Use would have on aeigbboring properties in ~'elation 'b3'noise, glare, economic or odor effects. PRO: The facility will be constructed as a single story structure. A multi-family residence on this parcel could be built up to 75 feet in height. The facility will meet the requirements of the landscape code, CON: An assisted living facility in a residential neighborhood could be perceived as'having a ~negative~economic el/ect. canal. In addition, the site is adjacent to a highway. The effect on neighboring properties, therefore, is minimal. 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 132 beds. An apartment building on-this site could normally be expected to have 76 units and, therefore, 152 beds. CON: -Besides a residential component, the facility will also have offices, therapy, and dining areas. 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 and multi-family residential to the west and the single-family residential uses across the golf course to the east. Therefore, it is staff's finding that the proposed assisted living facility is compatible with adjacent properties and other properties in the district. 4 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-99-23 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. PREPARI~ BY: FR ~E~R SCHL, SENI~C~~NNER CURRENT PLANNING DATE 1 i I I i I ~/~- VIEWE- BY -:R~OTN'ACO~¢:-N i N b, AtCP tS, OBL::/RT J. MULHERE, AICP t::)J_ANNING SERVICES ;DIRECTOR DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-23 Scheduled for the November 18, 1999 CCPC mccting. i COLLIER COUNTY PLANNING COMMISSION: I RUSSELL a. BUDD, CHAIRMAN I I 5 Petition No.: 'C Commi=i~n Dimi~t: ............ Planner Assigned: ~ e.~ ~ i i · C. enersl ][n(omntion :, Name of Applicant(s) .James Soper .32Z1Fruitville Road St~ FL ._Zip 34237 Applicm'it'z~M~ling Addr~s.. City Sarasota Applicant's Telephone # ' 941-955-7575 Fax# 941-955-7576 Nme of A~mt .s.=ar_-_~ .I3uL~ler. Fire ._B~.l_er. _ ~ineerinq, Inc. Ag~glt'$1~~ AIt(~ 2223 Trade Center. Way City Naples State -. FL ~p 34109 941-566-3636 Fax# .941-566-1327 COLLIER COUNTY COMMTJNZTY DEVELOPMENT PLANNING SERVICES/CI~RI~Z~r PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE ~41) 40~ol40Q/I?JkX ~41) sheets if necessary) !~_~me ofttomeowner Association: .Nam~ of-Homeown~Associ~on: -_ Mailing Address NIA .._N_~me o _f ~_nmoow~.cr Association: _~ ih~g,,A<ldress _~tato .Zip Name of M~s'ter Association: Mailing Address City State ~ Zip + Name of Civic Association: Mailing Address City State , Disclosare of Inter'st Information: . Zip ff the property is owned fee'simple by 'an INDiUm' ~ by ti~ enlirety, tenancy in C°mmon, or joint tenancy, list ~1 pm-ties with an ownership inte~st as well as the percentage of such intcrcsl. (TJsc additional shccis ifncccsza~). Apf't. ICATION' 1:0111'IfllLIC_~.H£ARINO FOR COIqDITIONAL IK£ .I/l~ PAGr~ OF 15,// be If ~be property is o~maed by a CORPORATION, list tiao ottica~s mad ~tdmlderl .and r If the pwpm~ is in ~he umnc of a TR~, list ~he b.~efidm/es of th~ trust wit~ the percentage o f interest. i ~-ae and · ~ires-~ Pe~cen~e of Interest d. If the property is .in the u~me of a GENERAL or LIMITED PARTNERSHIP, list the m ~Y'ttm g~neral moor 1~ ~. : N~ ~nd Add.ss t~cea~ge of ~ If ~ is a CONTRACT FOR. PURCHA~F,, with an indi~ or individuals, a Co:potation, Trustee, or a Parmership, list the 'uan~ of tim cam:z~ ~ N~ James~r Paccuta. zc o* 100~ - Date of Coa~'aac API'LICATIOtq FOR I~I~[JC ~Etlt~[~ F'OR L"OI~I~mOPlAL ! lq:l~. - i~',~ _. : C5C lqI~99 If, Pctition~ has optioa to buy,. indi~ date of optiom t~: .. , or anticipated closing date '. Z 1_~ .. . ytJmos. and date option Should any changes of ownership or changes in contracts.for puxchase subsequent to · {h~ ,Jat~ or application, but, prior' to th~ ttai~ ut-' {ho ,,~,-~'--' public hr.~,r~ it is, thc responsibility of the applicant, or agent on his behalf, to submit a supplemental ,llt, tm'led .4 _eLsn4 41escription -or-d.rue ,pt:operty covet:ed ~b_w'~fhe ~.sp_ pli_ee___tion: t,1! ~pace is district, include separate legal dc~-ripfion for property involved in each district. Appticant shall submit four (4) copies of a recent survey (completed within thc last six months, maximum I" to 400' scale) if rcquirccl to' do so at thc pre-application meeting. NO'I~E: ~c applicant .is 'responsible :for supplying thc correct legal description. If may be required. : Section: Lot: L Plat Book 19 Block: Page fl: Metes & Bmmds Description: Township: , 50 Range: N/A ~S~iivision: .-4. Sizeof_~ ~ropert~. 450 Address/general location of sub_iect property_: North of llS, tl South on SE side of Lely Canal AII?LICATION FOR l~.lBl.lC lll~.ARINC FOR ITO~ITIONAI. _. ~pACH~ 4 OF 15 B GC ~- C<)lfcourse . . W N/A Does property owner own comiguous propcrty to thc subject lm'opcrty? If so, give co_mplctc legal dcscription of entire conti~ous prOpcny. (If'space is inad~uatc, attach on Block: Subdivisi.On: , Plat Book Page #: Property I.D.//: --7. ~..~1~;.. o[.Conditton'.al Use- This application is r~ucsting e~ond/tional u? # ~ thc..?MF .16distri~ forcrm/o~usL~ C~roup care _facility (kLF)..~-___ of Pr~cnt U~c of thc P.~ Evaluation C~teri,- Provid~ a namtfivc statcmcnt descn*binS tiffs request for conditional use. NOTE: Putsua~ to Sectiou 2.7.4. of the Collier ~ Land Devel~ Code, staff's rccommcndation to the Plannin~ Commission and the Planni~ Commission's recommendation to thc Board of Zoni-g Appeals shall bc based upon a finding that the granting of thc cond/tional us~ will not advcmcly affcct thc public/ntcrcst and that the spec/ftc requirements govep, lnS thc individual conditional usc, if any, hsvc becn met, mu/ that .f~h=. satisfactory pro.vision and arrangement have been made · . following maue~, Wh~re apphcable. Please provide detailed re~onse criterion listed below. Specify how ~nd why the request is consist~t (Attach additional Pal= as may be necessary). ~si Grow~ ~eat Pha Cm~iude iafor-,-,ioa oa how ~he requ~ is ~ with the applicable se~ion or portions of , the furore had use ~lex~e~t):_ Project is ~nsistent leith' future !~nd u.~_, traffic, oDens~, utility and~vater manager el~mants of ghe grca~h~manaqement, plan. ~____~.~ .~ngin.e~r. in~t,d.evi~tions f-r.c~n t21e;L~C, are.required or r.equested. be Describe the existing or planned m~ans of ingress and egress to the property and proposed s~ thereto with particular r¢£e~.nce to automotive and pedestrian .:safely .and convenience, traffic {tow-and ~contro!,-and-access in case of fire or catastrophe: - -P-rol~ -i__r~_r~Ss Ji-.r. ~, .~,~c~mn~cg~n ,'~o IlS 41, ~ikep~_..th -go ,-be maintained_ in..c~.rr~-t alig-nment. __ Des.tribe Ib, e ~e~t Ibc c.ondi_tiona! ase will have on neiglaboring pwperties in relation-to noise, .glare, .economic impa~tand odor: No ~er,a'e ~ ~n~i~~, ie 1 story facility adjacent to golfcourse and across canal from high density residential + comnercial. d. Descn'be the dte's and the pwposed use's compatibility with adjacent propea~es and other properties in the district: Fully compatible e. Please provide any add/tionai/nformation which you may feel is relevant to this AI'I'LICATION FOR l'll~Ll(~ ll$'ARTNG FOR COND~AI. I!~;£ .I/~ _- 10. .11. howcv~, many communities have adopted such mstr:'lions. You'may wish M coam~ the civic or property owners association in thc area for which this us~ is being.~ in Prevtons tsmtt use net. ions on the ~.Meet urooertv: To ~ ~ ~ ~ .. Additional S.~mi~l. ~uirem~: ~ ~ M ~ ~ ~~ ~c fo~o~ng m~ bc s~~ ~ o~ ~ ~p~on M ~ ~ ~~ ~ a. A copy of the pre-application meeting noteS; b. Elcvcn (I 1) copies of a 24" x 36" conceptual site plan [and one rcduc~ 8½" x. 11' following [Additional copies of thc plan .may bc rcque,sted upon completion of staff · all existing and proposed structures and the dim~zions thereof,; · provisions for'existing and/or proposed ingress and egress (including pedestrian o all existing and/or proposed parking ahd loading areas [includc matrix indicaling mquir~ and ~ro'dd~-~ ~aad t~ding, i~ladi~-r~uir~ parking for the · locatio~ of golid wazto (rof~¢) ,on .tahi~ ~nd ~,vi~ fun~on areaS,, i · proposed locations for utilities (as wcil as location of existing utility scrviccs to thc site), Coaa , · location of all si~ans and lighting includinE a narrative statement as to thc Wpc, c. haraacr, and dimcnsions (such as height, arca, crc.); Ce API~LlCA'I"ION ~ ~!~ IlF. ARIN(~ FOIl ~m{MqAl. ll~*lrl -- : do Whcihcr or not an EL~ is r~q~ two .copies of a r~nt aerial photograph, (taken within the pr,zvious twelw monIhs), mininunn ~al~ of onc inch eq,,*~* .400. feci; shall be submittetk Said aerial shall i~ p!~nt and/or wildlife habitats and~ their Tranapofl~ou Land U~ Cover mid Forms Clsa~fi~tima A Yramc Impact Stat~n~a[ frIs), ,..~s waiv~ at th~pre~pplicationm~ing;- A historical and amhmlogieal ~mrvoy or waiwr ~plimtion if'prop~ty i~ lomt~l within an arm of' him~rieal ~x~archa~logioal l:~obability {~ id~lifi~l at pr~- application meeting); identified: during the pm-application meeting in¢lu~ting but not l':t~.'ted to any required · FOR I~J~LI~ ~&RIN~ ~R ~:O~I~rI"IO~.~L lW~k~'~ . ~ _. 'r~CTt~A~ ~TAT~ _rrts~_ - bc rc~ui_rcd for petition of ten~zxcs ~!~. ' -: . · - ~ · ro, ,.U oa= (and · A ~inor TIS shnU in,lade the fMlowin~: Txip G~-t~ation= .Annual Avex~e DaVy T~ (at buildouq l~ak Hour (A.qlYD ~ ~e~-Seasond)aily q'q-a0ic Pi Hour (PSDT) :1. Existing Tratr~. W',~hi,, RDI ... AADT Volumes PSDT Volumes Level of Service (LOS) ingress/egress point, or providing mm or d_ _~:el.lanes or otl~ ' .~l~ovemeats. Descn*be ny p~ ~o n~.~igate the ncgazive ~ (I~IE) of th? ~ ~ Plax, (GMP~ includin~ policies 13, 1.4, 4.4; $.1, $.2, 7.2 and ?.~. · ' · ' A Ma]or TIS shall address aH of the ltem_~ listed nbove for st Minor TIS, and shall also hdude an analysis of ~ ~: · t. ~Asmmmsis Trip Generntfon_- ~ thc total lxnf~ gcucmtcd by thc project for cach link within the t~tojcct~s Radivs of Dcvclopmcnt Influcncc (RDI) in confonnan~ iwith thc n~pt~l¢' i Transpor~ion F. ng~necrs 0'FE) Trip Gcn~on Rcl~o]rt shell bc ~ m.,4ess deeume~on 'byIh¢ t~ctitioncr or'thc County jusiific~ th~ us¢of~_Jtem_afiw_. _t~!..~, " Trip Assignment;' Provide a map depicting thc assignment to thc network, of those tril~ generated by thc proposed project. Thc essignmcnt shell bc mede to ell links within thc RDI. Both annuel avcregc and peak seasonal traffic should bc dcpictcd. i Existing T~nffic: Provide a map depicting thc cnn'ent traffic conditions on all links withi~ thc A. ~-~)f;St'wi(:e.~S_'): The.LOS ~f~~ay~=~-hall~m~-xpr~n_-~~i,me,nppucauie '~ollier Cotmt~ ~' '-alized-Daily Servico¥olum~ ~ ~ctTorth'in'it~-'~11~ oY'~¢'~'I~. 5. Radius' of Development Influence .ffiDB' The TIS shall cover the least of the following two thc area in which trat~c assi~-ncat~ from thc'propozcd projcct on thoroughfares cxccc~ one pcrcent of the LOS '~". Other (~.ommercial, iudustriai, insli~o~ crc.) 0- 49, 999 Sq. Ft $0,000 - 99, 999 Sq. FL 100,000., 199, 999 Sq. Ft. ' 200,000 - 399, 999 Sq. Ft. 5 Miles or as ~xluired by DKI 2 Miles 3 Miles 4 Miles 5Miks In describing thc RDI thc TIS shall provide thc measurement in road milm f~m thc proposed project rather than a geometric radius. APPLICATION FOR FU~LIC H~&P, IN(3 lrOR ~rriONAL ll~K. &.n~_ _. Intersection Analysis; An intersection analysis is rcquixcd for nH intersections within thc Vehicles Per Hour (VPH). ~../..~/_. ' 40 ~n _ekL, roend Trnm~ The effects of previously approved but undeveloped er pmialty developed projects which may affect major thoroughfares within the RD! of the proposed project shall be lxovided. This infomu~on shah be depictext on a xtutp or, al~, in a listing ofhose projects and their respeclive etm-am~-isti~s. , ~:mnty 'Land .Dt~ve. Jopme~ Code. This cstima~ ,.~hall be ~r ~ ~~ d~opm~t ~e y~ 2015. ~e me~odolo~ ~ to d~ve ~e ~t~ ~ be pm~d~ It m~y ~ d~l~ to ~l~c ~y ~fio~ ~on ~b~ ~ ~ .~ ~e ~~on~wcll. commitmem~ shall also be included. I1. Project Pha$in~ When a project phasing schedule is dep'ende, nt upon proposed roadway improvcmcnta, a phasing schedule may be included as part of thc TIS.' If the traffic impact~ o£.a Omject ~a~ :uitigat~l ,ih~u~h .a ~phasir~g ~sche. Au~, .such ~ phasing sdaedule may be made a.condition ofany approval. ~ TIS FORM RVB/R~ IOfllt~r/ AI'PLICATION FOR lqJ'RLIC Hr-,~,RIN(:: I~OR CONDITIONAL STATEMENT OF IFI'ILITY PROVISIOI~ FOR CONDITIONAL ~ RR0~ . I~LAH.m(~ A])D~, .~3221 Frut~ville Road S~raso-ta ~ .-. 5"I., 3.. 'A~RESS OF sum-Eot ~'RO~'ERTY 0~ N~rthside of ;33S 41 just.east, of Lely Canal' .. ; % i -: i 4. LEGALDESCRIPTION: . Lot:' L -mock: -::/A ,:Sut~tivision: Plat Book 8 __ Page #: 20 Property I.D.#: ~tes.& ~Boamls D~:ripfion: .' N/,k $4237 · Sm TYPE OF SEWAGE DISPOSAL.TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ! ~ ~., FRANCHISED ~ ~'YSTEM PROVIDE NAME i -d. PACKAGE Tlll~-&TIVIRNT~LANT '(GPD capacity) a. SEPTIC SYSTEM .~==~E OF WATER SERVICE TO BE PROVIDED:. a. COUNTY UTII.rIY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME : d. PRI~ATE S~ ~) D D [] 8. Il. 12. PEAK AIqD AVERAGE DAILY DFC. aNDS: A. W&TER-PEAK 35 GP},I AVERA.GED3,II*Y 29__~ 32~8 .GHD. ~F PROPOSING TO BE ~O~~ED TO ~~ ~~ ~O~ ~ ~~.B: 4/~ · ~~~ ~~~ ~m~ a ,~f ~d ~ise ~~e m~t ~d sch~0 ~ng of s~g~ ~~t pm~ ~ b~ ~ ~ well ~ a ~fic ~~t · ~g~g.~e mc~ of effluent ~d s~udge ~os~. by a pmf~~ ~r. N/A ,-' COLLIER CO~ a ~e at t~e. ~s s~tm~t shill a~o include ~ a~ent ~at ~e ~pli~ble s~tem development ch~g~ ~d co~ection fe~ will be p~d to ~e Co~W Utiliti~ Division prior to ~e issu~ce of bulldog pe~i~ by ~e Co~W. If applicable, ~e statement sh~l ~ntain sMll ~n~n ~ a~ment to d~icate ~e ~propfiate ufiliw ~emen~ for se~ng the . N/~ · STATE~ OF AV~L~~ C~AC~ ~OM O~R PRO~E~: Uffi~s w~v~ or o~emse pm~d~ for a ~e pm-~p~mfion m~ting, if ~e pmj~t is to ~ive sewer or po~le waer s~ ~m ~y pm~der ~er ~ ~e Co--W, a s~~t!~m ~ pm~ i~vafing ~t ~ ~ ~~ ~aeiW to se~e ~e pmj~t ~ ~ ~d~ ~/a AFPLICATION FOR I~JI~LIC lIF~l~.lNC I~OR coN~mon~ ~. &.-:- CONDtT~OfV,4I: USE APPLICATION -..- ~ .; ~ ._: PACKET! · ~m'mC~TXON REQUIREMENTS # . NOT"' - COPIES REQUIRED REQUIRED I. Completed Appi/cation , "'1! , .~// 2. Copy:of i~eed(s) and IJ/t identifying Owner(s) and all '" ~ 1 ..... i ' 3.-Completed O. wuer/Agen-fi'UX/tTd~vi~ta~ ..... ] 1 :]" .~ ]' 6. Environmental Impact Statement- (ELS) 7. Aerial Photograph - (with habitat areas identified) 8. Completed !Jfili .ty Provisio. ns~i i(~h attachments and slcetchcs) i 9. Traffic hnpact Statement - (TIS) 10. Hht~ical-& Arc3haeoiogical Survey or Waiver ~'. ,~' . .... ~~ Application; u. copi~ or s~te.' a-d/or Feae. r~ PermiU -~, 12. Architectura 13. Application Fee, Check. shall be made payable t~ Collier Count, Board of Commi~ioners 14. Oiher Requirements - thc authorized agent/applicant for this petition. I a~_~__ that all of the information indkauxl on this included ~bmittal package. I ~ ~hat failm-e to include all necessary submittal information may r~mdt , .ppi _ _ DaI~ -, API'LICATION ~ I"{H~LIC ln{~A, RINT~. FOR COI~I'~ONAL TO: FROM: RE: SUB J: DATE: Collier County Community Development Planning Services Mark W. Stephenson ~ Heron House Naples Conditional Use July 14, 1999 ~,.-bl~-~tm-Huu~: of i'-~aplcs i~ a~Jn~-~tmy.-cuncr~t~-biock assisted iivmg,faciiity~with'vinyl-Dutch ~siding and.amhi~cc~aral:shingt¢ roof. Ix is.comprised o~ 120~residential rooms and 132-beds, with gross living area of approximately 54,000 square feet of hea~ area. The facility is accessed through a covered entry porch emering the front door into a central lobby area. The covered entry porch provides sea. ting protected from the weather for residents waiting for transportation, visitation from family or just watching people come and go from the facility. The .ce~ntral :lobby arre. a has 30~- loo~e, eiling :height.and .is where the reception xiesk Js lo. ted. Basic services including physical therapy, nurses office, administration office, resident advocate office and life enrichment areas (including home theatre room) are located directly off of this lobby area. Beyond ~e lobby is the faci!ivy d~ing room, which has ample capacity to serve all residents in one sitting. Connecting to the lobby and extending out are the four residential wings where the 120 residential rooms are located. Each of the four wings has its own-lounge area with various themes (Key West, Library, Aviary, etc.). There are secured courtyards with outdoor activities including an outdoor amphitheater, raised gardens and gazebos with shaded seating. The property is further improved with adequate parking in a paved parking lot (V2 parking space per resident room - few if any of our residents have cars) and lush landscaping creating a residential look and feel. The outdoor area also has accent lighting and attractive signage in keeping with our residential commitment. Wedding, Stephenson & Ibargfien Architects, Inc. 300 First Avenue S.. Suite 402 ° St. PetSbur~,, Florida 33701 (727) 821-6610 : AUBREY WOOD AND ASSOCIATES. INC. December 2, 1998 Ab"BREY N. WOOD, TRUSTEE Tract L, Lely Golf Estates 99- 23 Beneficial Owners: ~ester H. Tiberii, as Trustee of the Chester H. Tiberii Revocable Trust Agreement, as amended, U/A dated 10-18-84. t555 Palm Circle (Olga) FL 34 02 ,-N. M. Francio~e l~a~r) / 622 Valley :Rc.=d (Lynn) ' ~106 Clubhouse Drive, Apt. 366 --Naples, FL 34105 (Winter) ,,---George Binnington (Su,u~er) / 12.2 ~ndian Road ~Leah) '~75 St. Andrews Blvd. Ap~. 301 Naples, FL. 34113 (Winter) ~Mary I. Cox, as Trust of ~ Agreement Dated December } 9629 Wed~ewood Lane ~Leesburg, FL 34788 Ken. Faliero, Ma~'s Son in Law 18511 ~rtle Drive Lutz, FL 33549 /--Frank Frost (Janet) /Fidelity Building Supply, Inc. / fP. O. Box 360 ~-(Lima, Ohio 45802 (Summer) ~,~102 Clubhouse Drive, Apt. 175 /Naples, FL 34105 (Winter) 261-4221 SS 9 018-14-9336 1-201-744-0044 (0) ?.~X: 201 -7~4 -1962 3 .~5-~ -:3 73- -49 73 i-H) 261-3878 SS # 141-14-5263 613-546-5159 SS # None 775-5016 the Mary I. Cox Living Trust 26, 1986. 1-904-326-2753 SS # 267-10-7009 1-813-949-1023 FAX 813-222-0245 813-222-0908 (0) (~) 1-419-227-4841 (O) FAX 419-227-4476 1-419-228-6000 (R) 261-1813 SS # 293-18-7177 547 Gabriel Circle,//2 Naples, Florida 34104 Phone: (94 Il 352-6323 Fax: (94 i) 352-4855 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ASSISTED LIVING FACiLt~' CONDITIONAL USE "6" IN THE RMF-16 ZONING DISTRICT PURSUANT TO SECTION 2.2.7.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida. and _~ter !25, F!o~,Ea~'~:e~:,~,-.-~_~:-:f~,~e.d_on_c'~)!;.crf',..e,.,_::~.y_+~c-_V~,.v~r~ztab~h~.e~ate and 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 ~VHE~,EA%, ,~e 'tdoiimr ;,(ioxmt~, ~iarming :Commission. '.'being '~he aduly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "6" of Section 2.2.7.3 in an RMF-16 Zoning District for an Assisted Living Facility on the property hereinafter describe& 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 The petition filed by J. Gary Butler of Butler Engineering, Inc., represeming James So~c~, with respect to the property hereinafter described as: Tract "L', Lely Golf Estates, as recorded in Plat Book g, Page 20 of the Official R~'cnrds me Cefllier County,, Florida be and the :~sne is hereby approved for Conditional Use "6" of Section 2.2.7.3 of the RMF-16 Zoning District for an Assisted Living Facility in ~ with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" 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 BY: PAMELA S. MAC'KIE, CHAIRWOMAN ATTEST: DWt C_fflT ~E. ~]~R.OCK, ,Clerk Approved as to Form and Legal Sufficiency: Marni ~ Scuderi' ' - Assistant County Attorney g/aflmin/CU-99-23 RESOLLrrlO~ tFRfim -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-23' The following facts are found: Section 2.2.7.3.6 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same dis~ric~ or neighborhood because o~: Ao Bo Co Consistency Management f~ ~ / ~O Ingress and egress to property and proposed s=ructures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and acce~n case of fire or catastrophe: Adequat y~esg~ &N~grass Affects neighboring properties in relation to noise, gl~'~~ic or odor effects: ~No afflict or Affect ~i~ig~ed by ~Affect c~t be mitigated D. Compatibility with adjacent properties and other property in the district: ~Compatible us~/~b~ district Based on the above findings, this conditional use should, with stipulations,. (coDy attached) (should not) be recommended for approval f/FI~D~N~ O~ FACT EXHIBIT "A" 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the c~urse of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, aU 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 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. 3. The assisted living facility is limited to a one-story structure. EXl.IIBIT "C" EXECUTIVE SUMMARY PETITION V-99-20, JAMES J. JESELLA REQUESTING A 5-FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 10 FEET ALONG THE SOUTH PROPERTY LINE FOR PROPERTY LOCATED ON SANTA BARBARA BOULEVARD, FURTHER DESCRIBED AS LOTS 21 AND 22, BLOCK 188, GOLDEN GATE UNIT 6, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioners request a 5-foot variance from the required 15-foot setback to 10 feet to allow construction of a restaurant. CONSIDERATIONS: The petitioners wish to reduce the required side yard from 15 feet to 10 feet in order to construct a restaurant in the Convenience Commercial (C-2) district. For non-conforming lots of record, the Land Development Code permits the minimum side yard to be reduced to the height of the proposed principal structure. If this structure were proposed at a height of 10 feet, the variance for the building would not be required. The petitioner wishes to construct a one-story building using an architectural design which would prevent him from meeting the 10-foot height limitation. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROVVTH MANAGEMENT IMPAC'I": Since the proposed use is as a restaurant in the C-2 zoning district, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. The site is within the Urban area, therefore the conditions of the Administration Commission's Final Order are not applicable. AGENDA ITEM Pg. / HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Due to the fact that the granting of this variance serves to permit a differing architectural style other than a fiat-roof, staff recommended that the CCPC forward Petition V-99-20 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear Petition V-99-20. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on November 18, 1999, and by a unanimous vote, forwarded Petition V-99-20 to the Board of Zoning Appeals with a recommendation of approval. PREPARED~B,Y: , FRE~ R~SCHL, SENIOR PLANNER DATE CUF~,'ENT PLANNING J CURRENT PLANNING MANAGER P DATE PLANNING SERVICES DIRECTOR APPR~D BY: ..~ VI~CEN~A. CAUTERO, Ai~P ~ DATE COMMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINIST~ executive summa~J-99-20 D .C 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 25, 1999 SUBJECT: PETITION V-99-20 AGENT/APPLICANT: Owner: James J. Jesella 2828 County Barn Road Naples, FL 34112 REQUESTED ACTION: The petitioner requests a 5-foot variance from the required 15ofoot side yard setback along the south property line to 10 feet to allow construction of a restaurant. GEOGRAPHIC LOCATION: The subject property is located on the west side of Santa Barbara Boulevard south of Hunter Boulevard and is legally described as Golden Gate Unit 6, Block 188, Lots 21 and 22. BEC 14 1999 Z ~ 0 1 ~ 1999 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to reduce the required side yard from 15 feet to 10 feet along the south property line in order to construct a restaurant in the Convenience Commercial (C- 2) district. The variance, if granted, would allow the petitioner to construct the restaurant and the required parking, drive-aisle and buffers on the site. For non-conforming lots of record, the Land Development Code permits the minimum side yard to be reduced to the height of the proposed principal structure. Therefore, on non-conforming lots, if the structure were proposed at a height of 10 feet, a variance for the building would not be required. However, the petitioner wishes to use an "Old Florida" architectural theme, which requires a building height greater than 10 feet. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Undeveloped lot; zoned C-2 Undeveloped lot; zoned C-2 Public alley, across which is a residential structure; zoned RMF-12 Undeveloped lot; zoned C-2 Santa Barbara Boulevard, across which are single family homes; zoned E HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's properly is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. AGENDA JTF._. 1999 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The platted lots are still less than the required 150 feet of lot width, therefore, the lot is non-conforming. However, a minimum 1000 square foot building is required in the C-2 district and the petitioner proposes a 1375 square foot building. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The Petitioner wishes to construct a building in a configuration, which does not fit within the required setbacks. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. A building, which meets required minimum size, could be constructed within the required yards or the building could be reduced in height. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A builchng, which meets required minimum size, could be constructed within the required yards. DEC 14 1999 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a building closer to the lot lines than would be permitted in the C-2 district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The Land Development Code permits an administrative reduction in the side yard setback for non-conforming lots, to the height of the building. The effect of the granting of this variance request would be to allow building styles other than a fiat-roof, which will be in harmony with the general intent, and purpose of the LDC, specifically with the architectural guidelines which require roof pitch changes. Alternatively, the applicant can reduce the size of the structure to allow for a side setback which meets the Code and still allows for a pitched roof. However, the petitioner indicates that the proposed structure is the minimum size necessary to meet the needs of the proposed use. Staff concurs that, on balance, reducing the setback by five feet to allow for a more aesthetically pleasing building and roof design is more in keeping with the intent of the Code than to require a 15-foot setback resulting in a less appealing building with a flat roof. go Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The building is adjacent to other commercial zoning. ho 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. AG~A DEC 1 1699 STAFF RECOMMENDATION: Due to the fact that the granting of this variance serves to permit a differing architectural style, other than a flat-roof, staff recommends that the CCPC forward Petition V-99-20 to the BZA with a recommendation for approval. PREPARED BY: DATE DATE ROBERT J. MULHERE. AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: V-99-20 Staff report for the November 18, 1999 CCPC meeting. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN VARIANCE PETITION Petition No. Commission District: Planner Assigned: ABO'w~E TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: '--" ~' ~5 Petitioner's Address:_-.-2-) ,-~x~ _~'"'~ c Telephone: Agent's Name: Telephone: COLLIER COUNTY COMIVllINITY DEVELOPMEI~ 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 1 of Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner ociation: Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address ~ City State __ Zip. Name of Homeowner Association: Mailing Address State __ Zip. Name of Master Association: Mailing Address City tate __ Zip Name of Civic Association: Mailing Address City State__ PROPERTY DESCRIPTION; Legal Description of Subject Property: Subdivision: ~/~/~, ~/~t t~ Unit _~ Lot(s)~..~ Iq22~Block(s) / ~ Section~' [ T~. R~ge Prope~I.D.~ g c,~7~cc~ Metes & Bounds Description: Application for Variance Petition - 8/98 Page of 8 Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE w E Minimum Yard Requirements for Subject Property: Front: ~ Comer Lot: Yes [] No [] Side: J ~_~ Waterfront Lot: / Yes [] No [] Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce fi'ont 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 existing encroachment came to be; etc. Application for Variance Petition - 8/98 Page 4 ol AG~I~L~A DEC 1~, i79 Please note that staff and the Colher County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shah be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics oft. he land, structure, or building involved. · ~e ~ere special con~ho~ ~d c~c~ces w~ch do not result ~om ~e action of ~e apphc~t such ~ pre-exis~g condifio~ relative to ~e prope~ w~ch is ~e subject of~e vm~ request. f 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the apphcant or create practical difficulties on the applicant. c:.. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. ! Application for Variance Petition - 8/98 Page 5 of AG~A ITEM DEC ?9 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 othex-~se detrimental to the public weffare. //;" ~' I ' '- ..,LI , ,',.,' ~' . ,. ~.'..~ .,. . _. u~ ~i ~ , i ,~ ~ ,' ~ ~ ,~ i ~.,' ,/ ~:.~ Are there natural conditions or physically reduced conditions that ameliorate thc goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. o Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8/98 Page 6 o O~C !~ 1999 VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, checks shall be made payable to . Collier County Board of Commissioners 8. Other Requirements- . As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that f~ ~lure to include all necessary submittal information may result in the delay of processing of this petition. / Applicant/A~ent~ignamre ~ /D~te~ Application for Variance Petition - 8/98 Page 7 ,f8 AFFIDA FIT We/I, ~ _j ~ t.,~_A ~ '. , .J~'~ . being first duly sworn, depose and say that well amore the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property' owner We/I further authorize /~Vt 0 to act as our/my representative in any matters regarding this Petition. '~, gnature of P~e~ Owner Signature of Property Owner Typed or Printed Name of owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~P~ day 19~, by ~_~ ~ ~ who is personally known to me or has:-- ~' 'pro'ducea ~~_~ ~~~ ~ident~cation. State of Florida County of Collie~ ~:~"~.. TERESA NORRIS B=~7-~'~ MY COMMISSION # CC 725326 !1~.~;~.~ EXPIRES: March 17, 2~2 Application for Variance Petition = 8/98 (Signature of Notary Public - State of (Print, Type, or Stamp Commis. Name of Notary Public) Page 8 of 8 AGEi~A II'~M ?99 Cot, L~'E R ce) wvT)~ 'j 20' IMPROVED ALLEY RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-99-20, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and suer business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance fi.om the required side yard of 15 feet to 10 feet along the south property line, as shown on the attached plot plan, Exl~i.'bit "A", in a C-2 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given oppommity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-20 filed by James J. Jesella with respect to the property hereinafter described as: Lots 21 and 22, Block 188, Golden Gate Unit 6, as recorded in Plat Book 5, Page 134 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 5-foot variance from the required side yard of 15 feet to 10 feet along the south property line as shown on the attached plot plan, Exhibit "A", of the C-2 Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A"only. Any other encroachment shall require a separate variance. 2. The structure is limited to one story in height. -1- DEC 3. The pitch of the roof shall be between 10/12 and 12/12. BE IT RESOLVED that this Resolution relating to Petition Number V-99-20 be recorded m the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ., 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Marn~ ~: ~deri - Assistaflt County Attorney f/V-99-20 RESOLUTIONFR/ts PAMELA S. MAC'KIE, CHAIRWOMAN -2- DEC lq 1999 20' IMPROVED ALLEY EXHIBIT "%" DF_C ! q ?99 Pg .~- EXECUTIVE SUMMARY PETITION V-99-20, JAMES J. JESELLA REQUESTING A 5-FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 10 FEET ALONG THE SOUTH PROPERTY LINE FOR PROPERTY LOCATED ON SANTA BARBARA BOULEVARD, FURTHER DESCRIBED AS LOTS 21 AND 22, BLOCK 188, GOLDEN GATE UNIT 6, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioners request a 5-foot variance from the required 15-foot setback to 10 feet to allow construction of a restaurant. CONSIDERATIONS: The petitioners wish to reduce the required side yard from 15 feet to 10 feet in order to construct a restaurant in the Convenience Commercial (C-2) district. For non-conforming lots of record, the Land Development Code permits the minimum side yard to be reduced to the height of the proposed principal structure. If this structure were proposed at a height of 10 feet, the variance for the building would not be required. The petitioner wishes to construct a one-story building using an architectural design which would prevent him from meeting the 10-foot height limitation. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Since the proposed use is as a restaurant in the C-2 zoning district, the use of the property proposed for the variance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. The site is within the Urban area, therefore the conditions of the Administration Commission's Final Order are not applicable. A~r..NDA ITEM Pg. / HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: Due to the fact that the granting of this variance serves to permit a differing architectural style other than a fiat-roof, staff recommended that the CCPC forward Petition V-99-20 to the BZA with a recommendation for approval. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear Petition V-99-20. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on November 18, 1999, and by a unanimous vote, forwarded Petition V-99-20 to the Board of Zoning Appeals with a recommendation of approval. PREPAREDJ~Y: , FRED'RE,'ISCHL, SENIOR PLANNER CuF~ENT PLANNING / R~NALD F.-trv~ N I N~,,-~ICP CURRENT PLANNING MANAGER ~0-B~'~T J. MULHERE, AICP PLANNING SERVICES DIRECTOR APPR ,~ED BY: //~ vI~C~N'I'"A. CAUTERO, Aic-P '"- DATE DATE DATE DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTR,~ executive summaryN-99-20 DEC 14 1999 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 25, 1999 SUBJECT: PETITION V-99-20 AGENT/APPLICANT: Owner: James J. Jesella 2828 County Barn Road Naples, FL 34112 REQUESTED ACTION: The petitioner requests a 5-foot variance from the required 15-foot side yard setback along the south property line to 10 feet to allow construction of a restaurant, GEOGRAPHIC LOCATION: The subject property is located on the west side of Santa Barbara Boulevard south of Hunter Boulevard and is legally described as Golden Gate Unit 6, Block 188, Lots 21 and 22. D£C 1 1999 Pg. ~..~..~ ~T-EM 1 ~ 1999 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to reduce the required side yard from 15 feet to 10 feet along the south property line in order to construct a restaurant in the Convenience Commercial (C- 2) district. The variance, if granted, would allow the petitioner to construct the restaurant and the required parking, drive-aisle and buffers on the site. For non-conforming lots of record, the Land Development Code permits the minimum side yard to be reduced to the height of the proposed principal structure. Therefore, on non-conforming lots, if the structure were proposed at a height of 10 feet, a variance for the building would not be required. However, the petitioner wishes to use an "Old Florida" architectural theme, which requires a building height greater than 10 feet. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Undeveloped lot; zoned C-2 Undeveloped lot; zoned C-2 Public alley, across which is a residential structure; zoned RMF-12 Undeveloped lot; zoned C-2 Santa Barbara Boulevard, across which are single family homes; zoned E HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the enwronment. AGENDA ITL DEC l 1999 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The platted lots are still less than the required 150 feet of lot width, therefore, the lot is non-conforming. However, a minimum 1000 square foot building is required in the C-2 district and the petitioner proposes a 1375 square foot building. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The Petitioner wishes to construct a building in a configuration, which does not fit within the required setbacks. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. A building, which meets required minimum size, could be constructed within the required yards or the building could be reduced in height. de Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A building, which meets required minimum size, could be constructed within the required yards. .lTlVl Dc , 1 4999 Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a building closer to the lot lines than would be permitted in the C-2 district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The Land Development Code permits an administrative reduction in the side yard setback for non-conforming lots, to the height of the building. The effect of the granting of this variance request would be to allow building styles other than a fiat-roof, which will be in harmony with the general intent, and purpose of the LDC, specifically with the architectural guidelines which require roof pitch changes. Alternatively, the applicant can reduce the size of the structure to allow for a side setback which meets the Code and still allows for a pitched roof. However, the petitioner indicates that the proposed structure is the minimum size necessary to meet the needs of the proposed use. Staff concurs that, on balance, reducing the setback by five feet to allow for a more aesthetically pleasing building and roof design is more in keeping with the intent of the Code than to require a 15-foot setback resulting in a less appealing building with a fiat roof. go Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. The building is adjacent to other commercial zoning. 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. DEC 1 1999 STAFF RECOMMENDATION: Due to the fact that the granting of this variance serves to permit a differing architectural style, other than a fiat-roof, staff recommends that the CCPC forward Petition V-99-20 to the BZA with a recommendation for approval. PREPARED BY: VIEWED I~'~: [Ol~,z[-~b- '~. NI~,'~CP .-"0RRENT PLANNING MANAGER DATE b~TE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition Number: V-99-20 Staff report for the November 18, 1999 CCPC meeting. Collier County Planning Commission: RUSSELL A BULOD, CHAIRMAN VARIANCE PETITION (v.~i~c~. F~o~ s~.r~^cK (s) ~Qu~r~ FOR a Petition No. Date Petition Co~ission Dis~ct: fl Plier Assi~ed: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Agent's Name: Agent's Address: 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 1 of 8 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner ociation: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address ~ City State __ Zip Name of Homeowner Association: Mailing Address State __ Zip Name of Master Association: Mailing Address Name of Civic Association: Mailing Address PROPERTY DESCRIPTION; City City ~tate Zip Legal Description of Subject Property: Subdivision: ~/~. ~/~ Unit _~ Lot (s)~l~2~lock Section ....~'_ Twp. Range Property I.D. Metes & Bounds Description: _. ~ Application for Variance Petition - 8/98 Page ot'8 Pg..~.~ Address of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: ';b? C ~ ~,' ~ ¢6 ~,'~ ~ -, Adjacent Zoning & Land Use: ZONING w E Minimum Yard Requirements for Subject Property: Front: ~ Comer Lot: Yes [] No [] Side: ,,/~ Waterfront Lot: Yes [] No [] Application for Variance Petition - 8/98 Page 3 of 8 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. /A PC___C_C: CA ¢-V Application for Variance Petition - 8/98 Page 4 ol AG~,k~A iTEM 14 i79 8 p~. /~-' Please note that staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this cfitem using additional pages ff necessary.) 1. Are there special conditions and ckcumstanccs existing which are peculiar to the location, size and characteristics of the land, sm~cture, or building involved. ~e ~ere special con~fio~ ~d ckc~ces w~ch do not ~sult ~om ~e action of ~e app~t such ~ pre-exis~g condifio~ relative to ~e prope~ whch is ~e subject of ~e vm~ce request. f 3o Will a hteral interpretation of the provisions of this zoning code work unnecessary and undue hardship on the apphcant or create practical difficulties on the applicant. '.: i. --fo 'IX Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the lancL, budding or structure and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 Page 5 of [ EC I I 39 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 othem4se detrimental to the public welfare. / Are there natural conditions or physically reduced conditions that amehorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Will granting the variance be consistent with the growth management plan. Application for Variance Petition - 8198 Page 6 o: OEC ~4 ~999 /¥ VA RIA N CE PE TI TI ON APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIR EMENTS # COPIES REQUIRED 1. Completed Application '15 2. Completed Owner/Agent Affidavit, Notarized 1 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 0abeled as suet) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Application fee, cheeks shall be made p~yable 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 :u.-lu,i.',J ,; this ~ul-,mit*al vacka., :. I tmder~iard that ta~iurc to. inch:de all necessary subm/ttal information may result in the delay of processing of this petition. / Application for Variance Petition - 8/98 Page 7~ &F FID ~4 VI T ~- " ~ ~% './' '~ % ~Jd being first duly sworn, depose and say that we/I We~I, ' ,, ~ c3 aA amTare the' o~n'ers of-the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. property owner We~I further authorize ~//~ J As as our/my representative in any matters regarding' -this Petition. ~gnatureofP~e~Owner Signature of Property Owner to act Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~P~ ~ day of,~,~.;_, , , 19~, by ~~ ~ ~c-4b ~_ who is personall) known to me or nas proaucea ~3C~XI~_C~D_ ~xC_~J,'~ as identification. State of Florida ........................ Collie ,,~'"'";., TERESa, NORRIS County of I~ ~I~. ~V C0~IMISSl0,, CC ,2Sa2~ ~: : ~ EXPIRES: Marc~ ~7, 2~2 Application for Variance Petition - 8/98 (Signature of Notary Public - State of (Print, Type, or Stamp Commis: Name of Notary Public) Page 8 of 8 ~,GENDA ~5 t :1 RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-99-20, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, thc Legislature of the State of Florida ia Chapter 125, Florida Statute, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 9 I- 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 side yard of 15 feet to 10 feet along the south property line, as shown on the attached plot plan, Exhibit "A", in a C-2 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-20 filed by James J. Jesella with respect to the property hereinafter described as: Lots 21 and 22, Block 188, Golden Gate Unit 6, as recorded ia Plat Book 5, Page 134 of the Official Records of Collier County, Florida. be and the same hereby is approved for a 5-foot variance from thc required side yard of 15 feet to 10 feet along the south property line as shown on the attached plot plan, Exhibit "A", of the C-2 Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A"oniy.. Any other encroachment shall require a separate variance. 2. The structure is limited to one story in height. -3.- DEC 1 i 999 3. The pitch of the roof shall be between 10/12 and 12/12. BE IT RESOLVED that this Resolution relating to Petition Number V-99-20 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Mami ~. S c h"d%eri - Assistaflt County Attorney f/V-99-20 RESOLUT1ONFP~ts PAMELA S. MAC'KIE, CHAIRWOMAN -2- OEC 1999 20' IMPROVED ALLEY EXHIBIT "A" EXECUTIV~ SUMMARY PETITION V-99-22, KEVIN L. DENTI, BUCKINGHAM, DOOLITTLE, & BURROUGHS, FOR RONALD A. FOWLE, NAPLES CAR WASH, REQUESTING A 15-FOOT VARIANCE AND AN 18-FOOT VARIANCE TO REDUCE THE REQUIRED 25-FOOT FRONT YARD SETBACKS TO 10 FEET AND 7 FEET FOR A CORNER LOT WITH DOUBLE FRONTAGE LOCATED AT 2595 EAST TAMIAMI TRAIL IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain a dimensional variance reducing the front yard setbacks of the subject property to 7 feet along U.S. 41 and 10 feet along Pelton Street. CONSIDERATIONS: ff approved, this variance wiii aiiow instaiiation of a ..sunshade ~m~upy ove~ ill~ ~v:i~cuuming .mad drying .area located in the southwest comer :of :the lot to help protect workers from direct and prolonged exposure to sunlight. The setbacks have been changed due to the widening of U.S. 41 by the Florida Department of Transportation (FDOT) and has caused conforming buildings and equipment and a sizeable area of the subject property to now be located within the new yard setback areas. Due to these limitations, the usable area of the property makes it difficult for the owner to 'move the equipment to another area of the property. Furthermore, most businesses along U.S. 41 now face a similar situation in which they have no more space for additional equipment or structures. PROS/CONS: Pros: 1. The variance requested is the minimum variance that will allow the petitioner to reasonably place the proposed canopy on site without loss of parking area and where it will be most useful. 2. It will not interfere with access safety and visibility at the comer, because there are no l&t turn movements from Pelton Street onto U.S. 41. 3. Staff also confirms that it would be difficult to place the proposed stmctare in other locations on the Froperty and the findings of fact contained in Staff's report support this view. 4. Staffalso finds that the granting of this variance request will be in harmony with the general intent and purpose of the Land Development Code. 5. The widening of U.S. 41 has created a hardship for this and other properties along U.S. 41. Cons: None. DEC 1 FISCAL IMPACT: None. This is an accessory structure not creating a new use or creating any fiscal impacts. GROWTH MANAGEMENT IMPACT: The approval of this variance will not affect or change the requirements of the Growth Management Plan. HISTORICAL/ARCHAEOLOGICAL IMPACT: Not applicable. The site is already developed. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff recommended that the Colher County Planning Commission forward Petition V-99-22 to the Board of Zoning Appeals with a recommendation of approval with thc conditions as stipulated in the resolution of Adoption. EAC RECOMMENDATION; C, tmxmittee. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission voted unanimously to recommend approval of V-99-22, with conditions as provided for in the attached Resolution of Adoption, to the Board of Zoning Appeals. 2 PREPARED BY: DONALDU./MURRAY, ,AIC/P PRINCIPAL/ PLANNER Il-/'~-e? DATE ROfl~LD F. ~53acP CURRENT PLANNING MANAGER DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. //-o2 DATE Petition V-99-22 Naples Car Wash This petition has been tentatively scheduled for the December 14, 1999 BZA Public Hearing. I AGENDA ITEM 7-I Memorandum i To: From: COLLIER COUNTY PLANNING COMMISSION COMMTJNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES OCTOBER 28, 1999 ~,uoject: PETITION V-99-22, NAPLES CAR WASH OWNER/AGENT: Agent: Kevin L. Demi ~Buckingham, Doolittle, & Burroughs, LLP Suite 201 Naples, Florida 34108 Owner: Ronald A. Fowle 2595 E. Tamiami Trail Naples, Florida 34112 i / i .~.~UESTED ACTION: The petitioner is requesting a two-part dimensional variance for a property with double frontage. The request, if approved, will allow a 15-foot and a 18-foot variance from the required 25-foot front yard setbacks. The from yard setbacks will be reduced to ten (10) feet along Pelton Street and seven (7) fe~t along Fast Tamiami Trail. I II !1 FfEM d d Ii II GEOGRAPHIC LOCATION: The subject property is located at 2595 East Tamiami Trail (U.S. 41), Lots 41-46, in Section 11, Township 50 South, Range 25 East, Collier County, Florida (see location map on following page). PURPOSE/DESCRIFFION OF PROJECT: The.petitioner is requesting this variance in order to install a permanent shade structm'e at the southwest comer of U.S. 41 and Pelton Street. The shade structure or canopy will be used to reduce employees' exposure tosun rays while working in the existing vacuuming and drying area. The size oftbe proposed canopy will be 20 feet wide by 47 feet long and will be similar in color to the green color of the existing car wash roof and awning. The proposed canopy will be .similar to that utilized at the site of the Shelton Jaguarautomobile dealership. The original setback for this site was 25 feet and the buildings on the site were about 28 feet fi.om the front prop~ line. This combined with the widening of U.S. 41 has impacted the ability of the applicant to effectively provide cover to employees from the sun's harmful SURROUNDING LAND USE AND ZONING: Existing: Surrounding: The site contains a car wash business located in a C-4 commercial district. North ~-xesidential, zoned RMF-6. South - commercial, zoned C-5 (across U.S. 41). East - fast food establishment, zoned C4, and mobile homes, zoned West - commercial, zoneA C-4 GROWTH MANAGEMENT PLAN CONSISTENCY: The request~i variance does not have an impact on this property's consistency with the County's Ca'od Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicaIes that the petitioner's property is located outside an area of histmi~ and archaeological probability and has already been developed. ~ no Historical/~logical Surv~ and Aasmsm~t ia required. II II ,11 II IJ II Il Il EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION ANI} INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the envirooment. Looking west from Pelton Street toward U.S. 4L This is the area where the proposed ANALYSIS: Section 2.7.5 of the Land Develolmamt Code grants the author/ty to the Board of Zoning Appeals (BZA) to grant vadances. The Planning Commia*ion is advi~ry to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: Are there special conditions and cirmmst~ces existing which are peculiar to the location, size and characteristics of the iantt, structure, or building involved? Yes, special conditions and circumstances exist in that the site is small pie shaped, and the existing building, parking, and work areas leave little room to move the existing equipment and thc proposed canopy to another location on site. Normally, a similar request for a variance for any type of non-emergency structure to be placed in thc same location would be considered not appropriate, and would be considered ullcommon, but the nature and use of the proposed equipment and structure are necessary for the health of the employees. There are other properties located along U.S. 41, which contain structures with similar setbacks. The original setback for U.S. 41 was 25 feet and the structures were about 27 to 28 feet from the front property line. This change, combined with the widening of U.S. 41 and the loss of 20 feet of the front yard, have reduced the distance between the front ,erty line and the existing structure to about seven (7) feet. This is visible in the .: ~w,ng photograph. Looking West along U.S. 41 and viewing the ear wash, which is located seven feet from the ROW, and other buildings within the ROW. 4 Ii II ! II II Il ds Aec there special eoaditions aBd eircum~mees whidl do mot rmlt from the aetioll of the applicant;such as pre-existing conditions relative to the property which is the subject of the variance request? Yes. FDOT widened U.S. 41 to six lanes, which took about20 feet in depth from the front yard causing a loss of nearly all usable front yard area. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue'hardship on the appficant? If this request is denied, ,- !;te--:' ;,~:,e~ -:'~';on of the provisions of this Land Development Code would not '~.-.:~: ~'." ,york undue hardship on the applicant, but it could affect the health and w ciiai,: ox me apphcant's employees. Will the variance, if granted, be the minimum variance that will mke possible the reasonable use of the land, building or structure and which promote standards of ~health, safcty and wclfare? .__ii'he.variance req~ ts the mm~num variance ~ wq! allo~ the peti6oner To a'mmmabty ~tacae the~.mmopy mm ~ ~ a ~.of m~ to other stnm-mre~ and without loss of parking area. th:,,; i:, :., ,~ the samezouiug tIII~LYICL.~ ~,~.rer on the petitioner any special privilege -~.'~.~ to other lands, buildings, or structures in No. Granting the requested variance would not be perceived as granting a special privilege to the petitioner that is denied to other lands, buildings or stmctm'es in the same zoning district because of the drastically reduced frontage along U.S. 41 due to the FDOT widening of that highway to six lanes. However, granting the requested variance only to protec:: ?es could be viewed as a unique and special priv~ic~_: .. ~ ,:ent and purpose of the Land Development Code. Furthermore, other propcumies along to.S. 41 contain ftructures within the same setbacks- all the way to the right-of-way line- so granting this reque,~ted variance would not b~ granting a special privilege to the petitioner. See the photograph below. 5 d l /I .j 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? It is staff's opinion that granting this variance will be in keeping with the general intent and purpose of the C4 Commercial Zoning District. After considering all possible impacts, granting the~requested variance would-not-be injurious to the area and it wonkl not be detrimental to the public welfare. The petition has been reviewed by the Comprehensive Planning Section staff and the Planning Services Department Architect. Neither have any objections ffthe proposed smacture is incorporated into 'the existing design and subject to SDP review. 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 property is pie shaped which contributes to thc encroachment into the setbacks and creating a more clifficult site to place such slruclures. Also, the reduced yard area created by the widening of U.S. 41 is an induced condition that affects the goals and objectives of the subject LDC requirement. 6 I I i i Iii i h. Will granti~ the vari~ee be eo~sistent with the Growth MaBageme~t lq~: The granting of the requested variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition V-99-22 to the Board of Zoning Appeals with a recommendation for approval with the conditions as stipulated in the Resolution of Adoption. i i I ii i1 PREPARED BY: R1 ~~ED BY: R ~ED'-F-. ffl~6, A~CP C1JR. RENT PLANNING MANAGER DATE, DATE APPROVED BY: ~ '~ ~. 9. ANISTRATOR COMMUNITY DEV. & ENVIRON. 8VCS DIVISION DATE Staff Report for the November 18, 1999 CCPC meeting. Note: This petition has been tentatively scheduled for the ~ber 14, 1999 BCC meeting. COLLIFR COUNTY PLANNING COlVIlVIISSION: RUSSELL A. BUDD, CHAIRPERSON STAFF REPORTN-99-22/D~M ! '1 RELA~G TO PETITION NUMBER V-99-22, FOR A VARIANCE ON PROPERTY I-IER.EINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislaau'e of the Stat~ of Florida in Chapter 125, Florida Stamu~s, ha~ con6n'r~ on all counties in Florida the power to ~bli~. coontina~ and ~ zoning and such business regulalionsas are necessary for the pwtection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of pan/c-iht geographic div/s'/ons of~e Comity, m~ong which is ~he gtantth~ of vm'/~nces; ~ WHEREAS, thc Board of Zoning AppeaLs, being the duly elected constituted Board of the area hereby ~ has hetd a public he~rmg after notice as in smd regulations made and provided, and has considered the advisability of both a 1S-foot variance from the required fixuU yard ~ of 2.6 ~ ~o 10 fi:et ~t ~a l~f~o~ vm~a~ ,fio~ ~ ~i~e.d 15-foot :~ from yan$ ~k ~ 7 f~ aa rd~own on th~ atmch~ pl~t phn, Exhibit "A", ia & C~ Zaa~ ~ a0 the property ~ desct/bed, and has found as a matter of fact that satisfactory pwv/sion ~ and arrangement have been made concerning all applicable matters required by said ~ ~ ~ffulations.and ./n .accordance w/th Sect/on 2.?.~ of ~h¢ zomng Regulations of smd Land Development Code for the un/ncorporated area of Coil/er County; and WHEREAS, all intere~d patties have been g/yen opportumty to be herod by th/s ~ Mga~blic'meetmg m~nbled,.and the,Board having considered all matters ~'esented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Coll~ Count% Florida, that: The Petition V-99-22 filed by Y, rvin Denti ofBadangl~ Dool/tt~ and Burmugt~ LLP, r~m~-ntmg Ronald A. Fowle of Naples Car Wash, with nnq~ct to the property hereinafter de~'fibed ~: Exhibit "B" which is attached hereto and incorporated by refzrence hewn setback to 7 feet as shown on the nttached plot plan, Exhibit "A", of the C-4 Zoning District wherein said property is located, subject to the following conditions: 39 BE IT RESOLVED ~ ~ Resolulion relating to Petitio~ Nmnb~ V-99-22 ~ recorded in thc minutes of this Board. This Re. solution adopted after motion, second a~d majority vote. Done this day of ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and I.~gal Sufficiency: PAMELA S. MAC'KIE CHAIRWOMAN Mai~jori¢ M. Student Assi~ant County Attorney G/admin/ RESOLUTION/V-99-22/DM/im -2- I f9.4' i CONCRETE I~ST £OIV~. Description of Port of Section Range 25 £a~t, Collier County, FloriOa O.R. 458, pa~je Lots .40 throug~ 45 ~nd oll that portion of Lot 46 of the TAMIAM! Lot ~ of the Napte~ Groves and Truck Company's b'ttle Farms Ho. '2 cccocding plot thereof on fie and recorded in the office of the Clerk of the Circuit Cou~t al Collie' F?o~'~a, in Plat Book 1, page 2~ which i~ dee~c~fbed ~ follow~: to-wit: Bec~nning at a point on the north boundary line of said Lot 46, 65 feet from the inter~ection of said north boundary line ~ith the Ta~niorni Trail; thence e~st along ~2id north l)oundory line 90 feet to the east boundary line of said Lot 46; thence at ~ght an~tes along said east boundoO' line of Lot 46, 114 feet to the south boundc~ line of said Lot 46 which is the Tarniarni Trail; thence northwest along said $outhme~ boundary Ette of said Lot 46 .or Tamiami Trfal, thence north at right ongle~ with-~he no~h bouna~'y line of $ai8' Lot; 46,' 47;6 feet to Point of Be~nning; Being all of ~id Lot ~ except a t~ior4gutar' ~ract on the me~tem, end of said Lot ~tsaped tract ~ 65 feet o~ the north ~ of sa~ Lot '~l~ 80.6 feet on the ~outhwest bound~'J~ of said Lot 4~ and 47.6 ~feet on ~the e~ter~ end of said tract. Subject to easements, re~tn'cb'or~ o~ res~ of record. AND _E~.C.~....t~G .~.._~-1~ O.R. E25, ~_,~,e 651 _,_.Lot_.40,,an~_d=.~th_e._. _me.~ .~ fe~t of Lot.41, ~.qd tile vacated ~li~y o~jocent to said /o~ o! the ~ds ~f ~11~~, ~ ~eth~ ~e ~~ ~ ~i~ of Lot ~ of ~n~ ~o~ ~ ~ of ~ ~ li~ of ~ ~, ~h ~5~ W~t 14.00 f~t to P~nt of ~inn~; ~e~ ~ ~in on o po~n of ~M No~ li~, ~th 8~26'5~ W~L 76.00 ~e~ ~ ~'5~ East, 16.74 f~t to the ~hedy dght~f-w~ line of Tombmi end ~ ~y_li~ of Lot ~; ~n~ ~ ~'2~ E~ 97.11 f~' 52'00~2' ~est. ALSO ~ AND EXCEPTING THEREFROM O.R. 2405, page 2386 Tho~ portions of Lata 44, 45 and ~6, Tomiami Hekjht Su~ in S~on 11, Town~hip 50 ~ R~ ~ Eo~ ~ ~ p~ ~f ~ n ~ ~ , ~ ~, ~ ~ of · '~ "~-.~ Commence at the northeast comer 'of Lot 43 of ~a~ aulx~ion, aais comer be~'n~ on the m~t I~e of a 20 west line South 00'31'44' East, 26'9.49 feet to the northerly exi~ ~. .... ... right--of-m~y line of State Romt gO (U.S. 41) (per Sectio~ 03010-2116) and the l~eginning of a .~ .·.. curve concave westerly; concaw~~a~o~.B~imi. L~... ........ i right, hawng o rod/ua of 25.~ ~. - f~t, the ~ for ~i~ ~ ~ 7418'~ W~ to ~ ~ at ~ cuM; ;' =. ~ t~n~ No~ 5~'4~ W~ 90.74 f~t ~g ~ n~ ~ ~t-of-~ I~; -~ ~ ~.~ ~ ~ ~3~'~ ~, 25.56 f~. ~n~ am ~ ~ C~'fi~te of au~~ ~3. Conditions for Approval of Variance V-99-22 (November 18, 1999) The Pla~.~ing Services Director may approve minor changes m the location, siting, or height of buildings, structures, and improvements authorized by thi~ conditional use. Expansion of the uses identified and approved w0hin this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances m effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County land Development Code (Ordinance 91-102). Approval of this variance shall not be misconstrued or interpreted m any way as to allow a modification, enlargement, or intensification of any existing structure, equipment, or use, which lies within the front yard setbacks, and which was not approved by this petition, If the vacuuming and car drying area is ever relocated or removed, or if the primary use of this business changes or is converted to another use, the new business shall meet all site development standards of the Land Development Code and the shade canopy and non-conforming equipment shall be removed from the front yard setback. The proposed shade canopy shall meet all standards of the LDC and will be subject to Collier County Exhibit "C" DOA-99o03, ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES INC., REPRESENTING OLDE CYPRESS DEVELOPMENT CORPORATION, REQUESTING AN AMENDMENT TO THE OLD CYPRESS DEVELOPMENT ORDER NO. 86-1, AS AMENDED, (FORMERLY KNOWN AS WOODLAND'S DRI) FOR THE PURI~SE OF ADDING 28.7+ ACRES AND DECREASING THE GROSS DENSITY FROM 2.2 TO 2.1 DV~rELLING UNITS PER ACRE, LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846) IN SEC~IONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 528.79+ ACRES. (COMPANION TO PUD-99-18) OBJECTIVE: This petition seeks to amend the Olde Cypress Woods and DRI Development Order in order to CONSIDERATIONS: The Olde Cypress Woods PUD is located on the north side of Immokalee Road (C.R. 846) in Section 21, Township 48 South, Range .26 East. The .added land area lies immediately east of the east boundary of the current Olde Cypress Woods PUD concurrent with the section line between Sections 21 and 22. The annexation of 28.69 acres to the current Development Order requires revising the section describing the acreage's assigned to various functional areas. Additionally, the amendment formally changes the name and legal entity, which owns the property. SOUTHWEST REGIONAL PLANNING COUNCIL On October 21, 1999, the SWRPC heard the Notice of a Proposed Change to a Previously Approved Development of Regional Impact (NOPC) pursuant to Subsection 380.(19) Florida Statutes. The Southwest Regional Planning Council adopted the following report prepared by its staff: Regional staff recommends acceptance of the proposed development order language with the stipulation that the applicant" committed actions concerning the Bay West Archaeological Site be made a part of the overall local development order amendment process. Thus, the development order amendment for the proposed changes should include the amendments to the PUD Master Plan, Map H and the Collier County Development Order, as committed to by the applicant, concerning the Bay Weat Amhaeological Site. DEC 1 q 1999 / RECOMMENDED ACTIONS: Notify Collk' County, the Florida Department of Community Affairs (DCA) and the applicant of the Regional staff concerns regarding the Bay West Archaeological Site, and that these concerns should be addressed as part of the development order amendment process. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that, if the Regional staff concerns referenced in #1, above, are addressed, the proposed changes do not appear to create additional regional impact and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. w Request that Collier County provide a copy of any ~ ~t ~ ~ ~ of ~~ Chan~ DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs at this point in time have not sent us their comments and determination of whether or not they find this modification of significance to warrant further development of regional impact analysis. Staff is of the understanding that the only outstanding issue had to do with a proposed elimination of a stipulation requiring the developer to pay for ongoing maintenance of the Cocohatchee Canal. The developer no longer proposes to eliminate this stipulation thereby removing the DCA's objection. None for DRI purposes. See Companion PUD-99-18 Executive Summary. GROWTH MANAGEMENT IMPACT: None. The Companion Petition PUD-99-18 advised petitions deemed consistent can have no adverse impact on the GIMP. DEC 1 q 1999 ~IISTORIC/ARCIIAH)LOGICAL The petitioner's property is located within aa area of historical/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historical/archaeological survey .and assessment is required. The applican~ has provided a Cultural Resource Assessment Survey that was prepared by Archaeological Consultants Inc. in 1997. The survey results indicate that no archaeological or historical sites were found within the subject site. As a result, the PUD Document shall contain 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 historical 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. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review ~-.~-.~i:.,--,=,'-~,- ~'a:q:,tm~~y~d~=~--~"':T'~"'"';"~'~=vi~v~-~~'~':g ' ~efi6c~a ~'A~99~3, ~eet ~ qlte n:onditioas ~ofa~ppt~al-ilmt ~ve 4.n~en ~t-~r~ ~to fi~ J~um~t. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Ttfis~petition-was adm~istrativety~reviewed for ~wirorrmental consistency with3yrovisions .of the GMP and LDC inasmuch as the property was considered developed thereby requiring no Environmental Impact Analysis. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 3, 1999. They unanimously recommended to forward this petition to the Board of County Commissioners with a recommendation of approval. It should be noted that no persons addressed the Planning Commission and staff has not received any letters of objection concerning this proposed amendment. A61~OA ri-eta DEC 1 1999 As a result, this petition has been placed on the Summary Agend~ RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE g/admin/DOA-99-03/EX SUMMARYrRN/im DATE DEC 1~ 1999 AGENDA ITEM 7-G TO: FROM: DATE: RE: MEMORANOUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT &ENVIRONMENTAI OCTOBER 21, 1999 PETITION NO: DOA-99-03, OLDE CYPRESS (a.k.a. WOODLANDS) Companion to PUD-99-18) OWNER/AGENT: Agent: Robert L. Duane, AICP 715 10~h Street South Owner: Olde Cypress Development Ltd., A Florida Limited Partnership 3620 Strand Blvd., Suite lC Naples, FL 34110 (See application for specific ownership details) REQUESTED ACTION: This petition seeks to amend thc Olde Cypress Woods and DRI Development Order in order to facilitate the annexation of an additional 28.69 acres of land and to make certain modifications to the current Development Order. GEOGRAPHIC LOCATION: The Olde Cypress Woods PUD is located on the north side of lmmokalee Road (C.R. 846) in Section 21, Township 48 South Range 26 East. The added land area lies immediately east of the east boundary of the current Olde Cypress Woods PUD concurrent with the section line between Sections 21 and 22 (see location map following page). .DESCRIPTION OF PROJECT AND PUD AMENDME~NT The annexation of 28.69 acres to the current Development Order requires revising the section describing the acreage's assigned to various functional areas. Additionally, the amendment formally changes the name and legal entity which owns the property. The amendment also deletes a development commitment which requires the developer to pay a proportionate share of the costs of improvements to the Cocohatchee Canal because the improvements have been made, and there is no legal requirement justifying an on-going prorated share of regular maintenance schedules that is not othem, ise satisfied by the basin taxing authority. SOUTHWEST REGIONAL PLANNING COUNCIL On October 21, 1999, the SWRPC heard the Notice of a Proposed Change to a Previously Approved Development of Regional Impact (NOPC) pursuant to Subsection 380.(19) Florida Statutes. The Regional Planning Council adopted the following report prepared by its staff: ~__..~q_e-a'p~_xt of ac~.~,,~o"....... local developmeat ord,~ amcru~,cnt procc.~. ~'l~us, thc development om,,~-"-- amendment for the proposed changes should include the amendments to the PUD Master Plan, Map H and the Collier County Development Order, as committed to by the applicant, concerning the Bay West Archaeological Site. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant of the Regional staff concerns regarding the Bay West Archaeological Site, and that these concerns should be addressed as part of the development order amendment process. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that, if the Regional staff concerto referenced in #1, above, are addressed, the proposed changes do not appear to create additional regional impact, and that Council participation at the local public hearing is not necessary, unless requested by the County for technicall assistallc, e proposes. Request that Collier County provide a copy of any development order amendment, and related materials, to the Council in Order to ensure that the amendment is consistent with the Notice of Proposed Change. AGENDA ITEM DEC 1999 It should be noted that the PUD and Development Order have been amended to preserve the area of the archeological significance and have established certain management standards to preserve the integrity of the site. DEPARTMENT OF COMMUNITY AFFAIRS The Department of Community Affairs at this point in time have not sent us their comments and determination of whether or not they find this modification of significance to warrant further development of regional impact analysis. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DR/ Development Orders are structured first and foremost to contain regulations that respond to ...... r ..... ,...,-oy-ot~t~, ~ ~.~mi~,~a-auv,:-tmv~. -op~mcany, ~tnust: ~iationShips and questions that an awohcant is required to analy2e data sub~ssion ~ pm of ~e NOPC. It is t~t ~fomtion whch ~on renew by ~e S~C concluded wi~ a fin~g ~t ~e proposed ch~ges do not cre~e additioml re~onal impacts or re~onal impac~ not previously reviewS. ~is concision is essentially one thru says the ch~ges ~e of ~ insubst~tial nature. The addition of the annexed area while holding constant the number of authorized dwelling units will have no impact on level of service thresholds, except that the land will be developed with residential dwellings as it could otherwise be developed on its owm. Relative to the matter of thc archeologically significant site, provisions in the development order account for not disturbing this area, and for managing construction activities to maintain the integrity of the site. Amendments to thc Development Order arc thc result primarily of annexing additional land area which causes numerical revisions to the Development Order where it discusses the acreage distribution of land uses. In addition, Development Order amendments include changing the legal entity and references to prior Development Orders and the title. None of these changes have any substance relative to development commitment~ with the exception of the comraitment to share in the cost of improvements to the Cocohatchee Canal. This commitment is being deleted because the improvements have been made, and the petitioner maintains that they should not have an on-going responsibility given the fact that the Water Management basin is a separate taxing authority responsible for ali water management structures under their jurisdiction. i CF_C l{t 1999 STAFF RECOMMENDATIO~]; That the Collier County Planning Commission recommend approval of Petition DOA-99-03 described by the Resolution of Adop6on (i.e. Amending Development Order). R(~NALD F. N~N~O,'~CP DATE CURRENT PLANNING MANAGER J. MI I! .ItF. i~];.~ ~kIC. P VINCENT A. CAUTERO, STRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number DOA-99-03 Staff Report for the November 18, 1999 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN g/~A-99-03/STAFF REPORT/RNtirn 4 0 ~EC 1 ~ 1999 S~ST FLORIDA REGIONAL PLANNING COUNCIL R]E~ AND REVIEW FEE AGREEMENT FOR REVIEW OF DEVELOP~S OF REGIONAL IMPACT APPLICANT 0Nan~ Addre~ and Telephone) KEGIONALPLANNINGCOUNCn-USE ONLY Mr. Paul Rardy 01de Cypress Development Corp. 5620 Strand Blvd., Suite C-1 Naples, FL 34110 PROJECT IDENTIFICATION NAME: Authorized Agent (Name, Addr~s Telephone) 715 Tenth Street South Naples, FL 34102 NUMBER: COORDINATOPc DATE P. ECEIVE~. .LocationofPr~ect Section 21&22 Township 48S ]~llge .... 25E County Collier GENERALLOCATION North of 1-75 side of Immokalee Road, 1.3 miles east N~m~ of Project Olde Cypress The Southwest Florida Regional Planning Council (SWFRPC) and Paul aardy (Developer) on this 7thday of guly ........ 19 9%" agree as follows: 2. This application is submitted with a refundable deposit of $2,500.00. The SWFRPC shall provide a notice or accounting of expenditures, so that the Developer can exercise its fights under 0EC l z~ 1999 ~5all ~ the DCA how ~nd why fl~e disputed ecq~mses are rea.~ooablc a~ m~ry. The DCA 5. TI~ S~I~/~C ~ witbia ~ d~ oftl~ ~dol~oa o£t1~ AmeMed DO, ]torment to the Notice of Proposal Ctmnge, r~ deposited funds w~ich mmeed ks direct ami re~somblc snd of propo~ 6. Aay dire.~t or r~ ~md ~ indir~ ~ of the SWFRPC in nd ~t'th~ final or ~ ~ ord=, i~ present.on to the Council and c, ommea~ is.m~ respect to ~ re~o~ml review of thc prcvi~ u..~ew.ed re~omd ~s of&e devclopme~. ~003 2 DEC 1~ 1999 FORM RPM-BSP-PROCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DMSION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 C_amterview Drive Tallahasse~, Florida 32399 (904) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a t~reviously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. · ~Dev_eiopm~nt, LTD., a Florida Lh~:ik~d Pas~u~rship, h~rcby change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support th~reo~ I submit the following information concerning the Woodlands DRI now to be known as Olde Cypress Development of Regional Impact, which information is true and correct to the best of my knowledge. I have submitted'today, under separate cover, copies off, tis completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of I. ocad Planning, De~nmem of Community Affairs. Date,~2 '~ " ~ Signatm'c .Applicant (name, address, phone). RESPONSE: The Strand 5645 Strand Blvd., Ste. 3 Naples, Florida 34110-7300 Authorized Agent (name, address, phone) RESPONSE: Robert L. Duane, AICP Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 2624617 RESPONSE: The Olde Cypress DRI is located in Section 21, Township 48 South, Range 25 East. Lands lo be added lo .this Notice of Change are located in Section 22, Township 48 South, Range25 East, and comprise +_28.69 acres and.are located just to the east of Olde Cypress. (See location map.) Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the Development Order or the Application for Development ApprovaL Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. RESPONSE: a) The proposed change is to incorporate 28.69 acres to the east of the Olde Cypress DRI into the project. The number of dwelling units will remain the same in the project, which are 1,100 dwelling units. The gross project density will decrease fxom 2.2 to 2.1 dwelling units per acre. There is no increase in commercial floor DEC I 1999 Pg. ~ area and no change to the phasing schedule, commencement date or build out date. h) There is a minor increase in traflic, in this proposed Notice of Change. There is a 5.9% increase in daily trips and a 5.4% increase in p.m. trips compared to thc 1996 Notice of Change. This is a result of the increase of single family units in the project and a decrease in multi-family units (see Exhibit 4, Traffic Analysis). However, there was a decrease in daily trips of+ 16% in the 1996 Notice of Change, with the reduction of 360 dwelling units and 35,000 s.f. of commercial area. Therefore, the proposed Notice of Change is still below the initial ADA parameters. Furthermore, the lands to be added to this Notice of Change, comprising 28.69 acres at seven dwelling units per acre, will result in a reduction of density for the lands to be added. For example, assuming + 6.63 trips per multi-family unit, + 1,2 00 trips will be further reduced from the surrounding road network which will serve to offset the increase in trips from the 1996 Notice of Change, as a practical matter. addition to name changes throughout deleting refenmce to the Woodlands. d) The acres of residential development in the Findings of Fact Section will increase from 133 acres to 152.5 acres. Water management areas will increase from 157.8 acres to 161.7 acres. Map H attached to the Development Order will increase gross project acreage from 500.11 acres to 528.79 acres, right-of-way will increase from 20.6 acres to 23.8 acres including changes to water management areas as noted. Language has been added to the Historical/Archeological Section to note that no arebeological resources have been identified on the lands to be added to the DRI. References have been deleted referring to the Development Services Department throughout the document and replaced with the Planning Services Department. In the 1996 change to the DO in the Wetlands Section, 358 acres is identified as the project preservation req~vments. This conflicts with the 176.2 acres of preservation area ~t forth in the FindlnE.q of Fact Section and it has been i) In the Transportation Section (8), the development schedule was not identified as an exhibit nor was it attached to the Development Order. This oversight has also been corrected. \\HMA_NAPLES~WPH 998~ 1998 i $2~d~ioti~ of Change~RESPONSES 1199.doc AGENDA rrEM {32C 1 1999 J) Other miscellaneous changes ~o the Development Order are stn~ thron~ and underlined. A 2.1 acre preserve area is incorporated onto Map H and provisions provided in the Developmem Order to preserve archaeological resources identified on the Lands to be added. i) the :~2.1 acre lake/mortuary preserve and along the eastern edge of the development will be protected by a 25-foot protecrdve buffer. ii) the buffer area will be maintained in a natural state; should tree removal, tree or shrub planting or other disturbance occur as part of maintenance or landscape of the buffer, a professional archaeologist be present to monitor these activities. a professional archaeologist will monitor installation of any pipes, drains, or ~thher_ _equi~rnnent necessary_ to construct and/or maintain the three lake system. v) preservation of the lake/mortuary and buffer will be in perpetuity. vi) inadvertent discoveries of human rem or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2.2.25.8.1 of the Collier County Land Developmem Code. Complete the attached Substantial Deviation Determination Chart for all land use types approved in thedevelopment. If no ~hange Js proposed or has occurred, indicate no change. RESPONSE: Changes are proposed for only the following land use types ]is~ecl in the Substantial Deviation Chart: The following page is a completed Substantial Deviation Detexminafion chart for Residential lands to be added. Also attached is the 1996 Notice of Change parameters, \'~tMA_NAPLF,~WI~I998~I998 ! $2~-in'~iotice of Chan~POIqSES ! 199.doc ^GE 'A .... DEC ! 1999 List all the dates ami resolution aumber~ (or other appropriate idelMigaealim~ numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a ehange in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing loc'al government adopted a new DRI development order for the project? RESPONSE: There have been five (5) Development Order Amendments adopted by Collier County since the original Woodland's DRI Development Order (DO 86-1) was issued on November 6, 1986. The following is a description of the five (5) DO Amendments: (1) Resolution Number 87-96 adopted April 28, 1987, amended Section B(5) (a) (7) ' ~>~--~-~,~--,~%~o~H~?onsi_bilifies of Collier County and the developer; amended Section B(5) (b) (4), Transportation Conditions, clarifying (2) Resolutita~ Nhambcr 87-207 ad~ September 15, 1987, umctding Section A(4), findings of fact, to state a maximum square footage of permitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the original Woodland's DRI Development Order to the Florida Land and Water Adjudicatory Commission taken by the Florida Department of Conununity Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI Development Order became effective on November 7, 1990, the date on which the Florida Land and Water Adjudicatory Commi.qsion issued its Final Order of Dismissal of the appeal. Resolution Number 94-774 adopted November 1, 1994, extended The Woodland's DRI commencement date and the buildout/termination date by four (4) years, eleven (11) months or until October 7, 2000, and October 7, 2015, respectively. Collier County remains the local govemmem with juriadietion over all portiom of the Olde Cypress DRI. (4) On October 22, 1996, the BCC amended the Development Order with Resolution 96482 to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 S.F. to 165,000 S.F. and \XHMA_NAPLES~WPkI998\I998152~dkNotice ofChang~SPONSES1199.doc AC~NDA ~ 0 ~ .cc tB 0 o' AGENDA ITEM ~,./7 ~ ~,..~'~-~ 16 1999 o of the South Florida Water Management District. Also, the Right-of-way Reservation on the East side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportatio~ vegetation and wildlife, wetlands, consistency with the comp~hensive plan and fire by the deletion thea'eof. (5) On May 18, 1999, the BCC amended the PUD for Olde Cypress to make minor revisions to the development standards, including setback requirements, and to incorporate mim'-storage as a permitted use in the commercial tract. Amendments were not made to the Development Order as acreage and development intensity remained the same. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. .RESPONSE: ~o additional-!mads-h_ave~t~een~n'chased or optioned by~e _/tlyplicant wifldn one quaxZe'r ('i/4) mile ofthe original DRI site'su~ ~ thc original ~----'~'ov~ and issuance of the DRI Development Order. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of-any.of.the.criteria listed in Paragraph 380.06(19), Florida Statutes. RESPONSE: The proposed change does not exceed forty percent (40%) (cumulatively wqth other previous changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes. Do you believe this Notification of Change proposes a change which meets the criteria of subparagraph 380.06(19)(3)2, Florida Statutes? Yes No X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. \~IMA_NAPLESXWPX 1998~1998152~d~Notio~ of Change~J~SPONSES 1199.doc DEC 14 1699 11. 12. 13. Will the propose~ :hange require an amendment to the local g~vernmen~ comprehensive plan? RESPONSE: The proposed change will not require an amendment to the local comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. RESPONSE: ~--~ag~u~ ~ .s-l.~_.~.~~.~_~g-xixi~ ~1 ~aad the pr ~o~osed Master Plan, Map H, is Pursuant to Subsection 380.06(19Xf), Florida Statutes, include~the~iaaguage that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics ur components oTx°ne proposed change; RESPONSE: See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier County Development Order (Exhibit 8). An updated legal description of the property, if any project acreage is/ima been added or deleted to the previously approved plan of development;, RESPONSE: See revised legal description attached to Development Order. \~IMA_NAPLES\V~q~1991~I998152~rld~lotic~ ofChange~RESPONSES ! 199.doc De development of the proposed changes, if applicable; RESPONSE: No change. A proposed amended development order termination date that reasonably reflects the time required to complete the development; RESPONSE: No change. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. RESPONSE: No change. \~IMA_NAPLES\WI~ 1998\1998152~o'~lotioe of Change~RESPONSES 1199.doc AOENDA ITEM DEC i999 DEC 1 ~ 1999 RESOLUTION NO. DEVELOPMENT ORDER NO. A RESOLUTION AMENDING DEVELOPMENT ORDER 86-1, AS AMENDED, FOR THE WOODLANDS DEVELOPMENT OF REGIONAL IMPACT TO NOW BE KNOWN AS THE OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO FINDINGS OF FACT SECTION TO CHANGE THE NAME OF THE PROJECT TO OLDE CYPRESS, TO INCREASE THE ACREAGE OF THE PROJECT AND TO INCREASE THE ACREAGES ATTRIBUTABLE TO RESIDENTIAL DEVELOPMENT AND TO ADD A PRESERVATION AREA; AMENDMENTS TO CONCLUSIONS OF LAW SECTION TO CHANGE THE NAME OF THE PROJECT OWNER; AMENDMENTS TO THE DRAINAGE/WATER QUALITY SECTION, THE FLOOD PLAIN/HURRICANE EVACUATION SECTION AND THE TRANSPORTATION SECTION TO REFLECT THE CHANGE IN PROJECT NAME TO OLDE CYPRESS; AMENDMENTS TO THE HISTORICAL/ -rruT. om~. v c,~axc, ru:,ot.,..naic. AL f~cEAS AND PROViDE DEVELOPMENT aiTANDARDS THEREFOR; AMF. NDMg ~L'~_ TO TH~ WETLANDS SECTION TO ILEFLEC? 'THE PROJECT NAME CHANGE AND CHANGES IN THE AMOUNT OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER. TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, the Immokal~e Road Parmershit0 and Greg Cabiness filed on December 6, 1983 with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as the Woodlands in accordance with Section 380.06, Florida Statutes; and WHEREAS, the Board of County Connni~ of Collier County, Florida appmv~ Development Order No. 86-1 (the "Dewel~ Order") for the Woodlands DRI on November 6, 1986; and WHEREAS, subs~lUent to the approval of Development Order No. 86-1, the Board of County Commissioners of Collier County, Flori~ approved several amemiraent~ to said WHEREAS, Olde Cypress Develolm~ent, Ltd., a Florida limit~i partn~ship (hereinafter "Olde Cypress"), the successor in interest to the Immokale~ Road Partnership, desires to rna~¢ certain revisions to the plan of developmezit and Deveiol~u~t Order as amended, for the hand, es to the Woodl~ls DRL norm be known ---the Old~ Cyprtm DRI, ami m rn~ke ce'tam development approved therein; ~nd - 1 - Words ~ are additions~ wordm ~ are de DEC 1 1999 WHEREAS, "Olde Cypress", through its authori~ agent, has filed its appliemtion and notice of proposed change to Development Order No. 86.1, as amended, which is aRached hereto and incorporated hereto as Exhibit "B"; and WHEREAS, the Board of County Commissioners, as the 'governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to The Woodlands DILl Development Order No. 86-1, as amended; and WHEREAS, the Collier County Board of County Commissioners passed Ordinance No. __ on ,1999, which had the effect of amending the PUD zoning district for the Woodlands development previously approved in Ordinance No. 99-27; and WHEREAS, on ..... 1999, the Board of County Commissioners of Collier County, Florida m accordance with Section 380.06, Florida Stamtea, having considered "Olde Cvs'ess'" a~lication and notice of~ro~o, sed change to the Woodlands DRI Development Order No. 86-1, as amended, and record made at said heating, and having considered the record of the md recumme:xmion of Collie:' Coumy Pla:ming Staff ~ aSalvisory Boan~ tl~ report and recommendations of the Southwest Florida Regional Planning Council, the Board of County hereby approves thc following Woodlands DRI Development Order Commissioners amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN A. Paragraphs 3 and 4 of the Findings of Fact Section of Development Order 86-I, as amended, for the Woodlands DRI is hereby amended to read as follows: The realproperty which is the subject of the ADA and of the proposed changes to ~ Olde C_vpress is legally described as set forth in Exahibit B attached hereto and by reference made a part hereof. The applicant proposes the development of :Ps~-.W4~m~ {ZIKe,.f,.xlzm~, pumsam to the ADA, ~xl the t~m$ ~d co~ditio~ of this Development Order, as the same may be amended. The development consists of 500.1! 528.8 acres which includes a maximum of 165,000 square feet of commercial retail on a maximum of 12.5 acres, residential development of 1,100 dwelling umts on approximately !~.~ 152.5 acr~ Naproxhnately 176.2 acres of~n'eservation area, and approximately !57.~ 161.7 acres of lakes, open space, an 18 and 2.1 acres of lake/preservation area to _meserve archaeolo~c 2 l~ords under~in~ are &ddi~ioos; ~ord~ ~ are gene~ plan of development is depicted on Exhibit "A" attached hereto and incorpor,,ted herein by reference, although the acreages referenced therein and staled hereto may vary somewhat to accommodate si~e conditions, topography and environmental permitting requirements. B. The general introductory paragraph of the Conct~ of Law Section of Development Order No. 86-1, as amended, for thc Woodlands DRI is hereby amended to read as follows: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled October 22, 1996, that the Development of Regional Impact Application for Development Approval as amended pursuant to the Notice of Proposed Change submitted by the L':'~'~.zka!~ P.z~. P=~"~'~,~p Olde Cypress. LTD.. a Florida Limited ~ is hereby ordered approved subject to the following conditions in response to the Southwest Florida commim~cnts specified in thc ADA,and NOPC which.are hereby adopted~s conditions of conditio~ c. Subparagraph b. of Paragraph 1 entitled "Drainage/Water Quality" of thc Conclusions of Law Section of Development Order No. 86-1, as amended, for thc Woodlands DRI is hereby amended to read as follows: b. An ongoing monitoring maintenance and sampling program shall be designed by the Pctitiongr subject to review and approval by the Planning Services Department (DSD) and thc Florida Department of Environmental Protection to determine concentrations of potential pollutants in thc parcel's lakes, preserves, and groundwater. Thc details of thc momtoring progrmxl shall bc mutually agl~-~l uptm b~tegn the Petitioner, thc Development Sexviccs Dep~.im~nt, and the Florida D~partment of Environmental Protection at a date prior to thc commencement of site development. Details of the monitoring program arc hereby incorporated by r~fct~acc imo this Dcvcl~ Ordex. Thc monitoring program shall mch~le: 1. Surface w~tcr in lakes, cypress preserves, and other retention 2. Groundwater monitoring of selected locations; 3. Lake ~ monitoring; 4. ^ ~amp1L~g frequency ad~Cl~atc ~o allow asse~men~of po]lm]o~,y /~) ~. [fan)? violation of thc State wat~ qualit7 st~da3x~ [pre attributable to thc deveiopmmt, the causation will be modified or ~ (if deemed necessary to ILY the Development Services Department) and remedial action taken and, upon the rcqucs~ of thc Planning Services Department, more intensive monitoring will occur. Lastly, if during this monitoring program a w¢llfield protection ordinance is adopted by Collier County, The W^..a4..!~,.~: ~ shall be subject to the mor~ stringent of the two programs. D. Paragraph 3, entitled "Floodplain/Hurricane Evacuation" of the Conclusions of Law Section of Development Order No. 86-1, as amended, for the Woodlands DRI is hereby amended to read as follows: 3. FLOODPLAIN/HLULRICANE EVACUATION: Thc W^.~d!'.-~d~ DRI location has a natural elevation of twelve to fourteen feet above mcan sea one through three. However, the project azea is on a major evacuation route for and from major evacuation ~ontes. The potential fo~ on-~itc public./o~nrm,n areas to be used as public hurrican~ sheltea's would provide a use of regional benefit. E. Paragraph 4 entitled "Historical/Arehaenlogical" of the Conclusions of Law Section of Development Order No. 86-1, as amended, for the Woodlands DRI is hereby amended to read as follows: 4. HISTORICAL/ARCHAEOLOGICAL: No historical or arehaentogical sites are known to exist on the ori~nal Woodlands DRI site. However, a regionally significant burial site is located ............. : .~. cf :he :kc on lands comprising 28.68 acres in Section 22 along the eastern edge of the Olde C_vp_ ress DRL A ±2.1 aer~ _'p~sm've mca is _m'ovided to _m-otect Lids archaeolo_~ical resource arcs which is compri_ 'sed of a lake/muck and buffer area_ A survey of the OXigillgl_]~.~ site, reviewed by the Florida Department of State, Division of Hisa~-ical Resomces, cm:ounucr~ no cultural resources on sim. The only l~,-tcmi~ arm which may contain archaeological resources is a ~ area of cypress located within ~he wetland preservation area. These resources may occur within an area of deep muck deposit. No imparts arc propos~ for this area. a. If during ~he course of site clearing, excavation, or othc activities, an archaeological or historical site, artifact, or 4 - ~¢oz~Is ~ are a~lcl~tione; ~o~d~ ~ are DEC ! 1999 discovered, all development at that location shall be immediately stopp~ and the State Division of An:hives mid Development Services Department notified. Development will bt: suspended for a sufficient length of time w enable the Development Senrices D~artrnent or a designated consultant to assess the find and determine the proper course of action m regard to its salvageability. The Development Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal inten'uption to any constructional activities. Evaluation of a historical/archaeotog/cal site shall include but not be limited to its determination as a site of regional or local significance, impact mimmization by incorporating the site into preservation or greem space areas, or other mitigation actions. b. The State Department of Archives and the Court ~ty Development Services Department shall be provided access to the project for monitoring pmlao~ my mae d~ring the ;ire of the project. the :e2.1 acre lakedmormary_ p~serve area will be surrounded by a 25-foot protective buffer: the buffer will be maintained m a natural state: should tree removal, tree or shrub planting or other disturbance occur as part of the maintenance or landscape, of the buffer, a professional arehaeolo~st will be present to momtor these activities: e. preservation of the lake/mortuary and buffer will be in perpetuity: f, no excavation will be _xmrmitted within the :/O.. 1 acre lake/mortuary: g, a professional archm~io_trist ~ moni~{~' in.~crallation of any p'_mes_ drains_ or other equipment neces~_ to constn~ and/or maintain the three lake during routine maintenance or site development activities will be handled as r~quired in Section 2.2.25.8.1 of the Collier Coun _ty Land Development Code. F. Certain subparagxapha of Paragraph 5 entitled '~fransport~on" of Development OrderNo. 86-l, as amended, for the Woodlam~ DRI is hereby ~mended ~o read as )ltowsi~GEl~AffF.M - s- 0EC! 1999 Words und~rli~.~ are addiciona; words ~ are del, ~ion~L ~ TRANSPORTATION a. G~: The WA~....dl-_r~...: ~ DRI ha~ direct access to Immr~,alee Road (CR (l) The Applicant, its successors or assigns shall be fully responsible for site- related roadway and intersection improvements required within :t:Ih¢ Wc~.h=~ ~ DRI. The Apphcant shall be required to pay its proportionate share of the cost for any intersection improvements (including, but not limited to, signalization, mm lanes, and additional side street or driveway through lanes) found to be n¢ces~a_.,'y by Collier County for lhe project~ access imersections onto lmmokalee Road. (2) For purposes of this section, "significant impact" is defined as when the project traffic on any road s .egment/intemection equals or exceeds 5% of LOS D, peak-hour, peak-season capacity of the roadway/intersection. Ti~ ,~ Old C__v~e~s 4eve. i_mCw~aem is pt~di~_~i to have a "s/~nificnnt impact" on the f=lknving roadway segn~mts: Lee County: Bonita Beach Road; - 1-75 to CR 887 Collier County: CR 951 - Immokalee Road to Vanderbilt Beach Road - Immokalee Road to Bonita Beach Road - Vanderbilt Beach Road to Golden Gate Boulevard ~ec Road: - Goodlette Road to Airport Road - Airport Road to Livingston Road extension - Livingston Road ex~.en~o~ to 1-75 - 1-75 to Oaks - Oaks Boulewrd to Wc~2_-:ff.: l~ main access road entrance - Woodlands main access road and CR-951 (4) The following intersections are predicted to be "significnn~ The .......... Olde C_vp_ tess project: - 6 = DEC ! 1999 (5) (6) (7) Immoka~e Road at Airport Road Immokale¢ Road at Livingston Road cnae~_sio~ Immokal~ Ro~ m 1-75 ~okal~ RoM ~ ~g~ ~i~ ~ I~o~ R~ at ~oj~t EnCee I~okalee Road at CR 951 CR 951 at V~de~ilt Beach Road I~okai~ Ro~ at ~leae Road ~ ¥.r=_~.~ Olde C_~s ~ai im~ ~ t~ ~ so~ents ~ int~tio~ ~ifi~ in (3) ~d (4) he~f~ ~ ~ice l~ei of~ of det~ by ~e Co~W using ~e momm~ ~ ~ by T~ ~ l~ ~ a Ro~ ~ F~ ~ ~ ~ devel~. or its su~ in mteres; s~l pay ~e "i~t f~" ~ifi~ by s~d o~i~ce for all development in T~: Wee~I-~ Olde C~ress. These impact f~s, together with that potion of g~oline t~es ~d ad valorem ~es g~erat~ ~m the project ~d its i~abi~ts ~d pro~ed for ro~ ~v~m~, ~ ~~ ~ ~ ~ifio~ ~n~n~ in P~ph 5.b., shall mitigate the traction impaem re~onably aRfibutable :e T~: Wze~I~: Olde C~ress development. ~ ~ysis of ~e Co~s propos~ ~le for ~provem~ts to the W~a~n-~ ~ ~ ~ ~ 1~ gov~mt ~ll be ~te to ~de ~e ~o~on f~iliti~ m ~e ~mv~ l~el of s~ce "co~is~tly" wi~ ~e developm~t ~e for ~: ~?.r:e~-~ ~ ~ ~ ~ f~ m ~ P~ ~ ~ ~ ~ ~c~6o~ of ~~of~R~ ~ ~ 1-75m~l.~~of Bomm Beach Ro~ l~at~ in Lee Co~ ~ ~y b~ i~mv~ by Lee Co~ to fo~ 1~ di~d~. (i) By ~g ~a devel~m~t ~ ~lfi~ ~ is ~g no ~~t m ~ C~ll ~ ~ ~y ~ ~ ~ 1 Co~, how~, CO~ITION (4) sh~l be ~plie~le~ ~~ bo (ii) By adopting thi~ Development Order, Collier County has determined that if the developer complies with CONDITION 2, it will have m~de adeqn~t~ provision for its impacts on ~he roadway segment of CR 846 between 1-75 and CR.95 I. (8) Collier County, haz estim.*,.~l the time frame in which each of the segments/intersections significantly impacted by this development shall need improvement to maintain the requisite level of service adopted by the County, as the same may be amended from time to time, and has ascertained that it can provide the transportation facilities consistent with the development schedule of ~ Olde C__vpre$~ Exhibit E; however, the County makes no guarantee to the developer that said roadwly segmems/intersections shall not fall below the requisite level of service in spite of this commitment of the County to provide said facilities consistent W~th the Development Schedule. By ~cepti~g ~ l)e~topmem Order, devdoper =ad~-smds ,~i tha~ ai~hough lhe proposed schedule of the Coumy to~ unpmvmg roadway segments/intersections significantly impacted by Thc Olde Cypress would indicate that it will have the ability to keep the necessary transportation improvements at the requisite level of service consistent with the development schedule of Th..z x. Ve. zdla.-~dz Olde ~ the Counly is not guaranteeing the same to the developer and developer understands and agrees the County shall not be liable to developer for its inability to have said facilities available consistent with the development schedule ofn~a~.-bV~,~'~ ~. CONDITIONS: (1) Based on the transportation assessment of si~tmificam project impact, construction of the following transportation improvements or acceptable substitutes or alternatives shall be needed coincident with, development flf ~ /21dr,_C,.t/lll~ DRL if adopted level of service Immokalee Road C.R. 951 to Airport Road Four Lanes AL, pon Road to Goodlette- Four Lanes Frank Road Tbe Woodlands to 1-75 Six Lanes - 5 C1 1999 C.R. 951 Gate Boulevard Immokalee Road m Bonits Beach Road Immokalee Road to Vander- bilt Beach Road Bomta Beach Road 1-75 to C.R. 887 (7) Ordinance: Four Lane~ Two Lanes (or aRe~- native im- provement) Two Lanes (ii) Four or Six Lanes Iii additioa to tim p~uvi-qul~ of ihc Collier C~umy AFF (iii) - 9 Words ~ are &ddttions; ~ords ~ are !t~-~¢~!~ O!~ Csm DRI is ~ajc~t w ~ s~x. cificd 82 ~ ~at ~~ ~ ~ the ~ff~tive date h~f. ~y men~t to the ~tion portions of that ~din~ce by Collier Co~W shall not be effective or applied to the Wccdl=ndz Olde C~ress D~ uffiess ~d ~til ~s D~el~ment Ord~ is ~d~ m i~c ~d ~ ~lic~le ~ch c~g~ or ~m~m~ to ~e ~F ~m~ce. In the event that Collier Co~ desi~ates ~ ASI around a defici~l r~ ~t ~at is p~ct~ to ~e su~ly ~ by~~ ~j~ ~ ~I ~ ~t ~1~ ~ W--a"-~ ~ D~, ~ ~e ~li~t s~l be ~ to file a NoOce of ~ge of ~s ~el~t ~ ~ CoHi~ ~, ~ ~u~w~t Flo~ ~~ m s~ 3~.~19X ~ s~. ~e applic~t sh~l file a Nofce of ~ge ~ s~ (60) ~ ~m ~e &re ~e Co~ c~tes m ASI for ~ a defici~t m~ ~~e~h~~~~. ~e ~ ,~l ~ ~ ~ No~ of ~ a c~ BEC 1 1999 letions. .,. j3 _ (9) (i) is not having a substantial ' ,nWract upon the pertinent road segment, or otht justification of the County% exclusion of the DRI from the ASI. If an ASI is established for any deficient road segment listed in Section 5 of this Development Order that does not include the Wzzd~':a-.: O. lllr,.C,.YIli:~ DRL the DRI shall not apply for or be issued any further Certificates of Public Facilities Adequacy until: (1) the Notice of Change decision is made by Collier County, if DCA did not submit written objections to Collier County pursuant to Subsection 380.06(19)(f), Florida Statutes and the change is adopted by Collier County, as proposed; or (2) until any appeal of such deciainn to ~he Florida Land and Water Adjudicatory Commission is resolved. The applicant, its successors or assigns shall submit an annual ~ monita~ing report t~ th~ following entities: C~Iti~r Court%, of Community Affairs (FDCA), and the Southwest Florida Regional Planning Council (SWFRPC). The first traffic monitonng report will be submitted one year after the date of the issuance of the first building permit for a residential building within the W~d-'~---~. ~ DRI. Reports must be submitted annually thereafter until buildout of the project. The annual traffic monitoring report will contain the following information: AM and PM peak hour l~ning movement counts at all site a~cess points onto lmmoka~ ~ ~nd a comparison of tl~ Project's measured trip generation to tt~ l~rojec~s Wip genen~on assumed in the original DRI analysis. (ii) A ~ of th~ ~ of road i ~n~nrovemem~ a~iaumed to be committed in the ADA. inch~in~ the following: Road Segment Pine Ridge Road Airport-Pulling Road 1-75 to C.R. 951 Golden Gate Blvd. To - 10 - Word~ ~ are &ddi=ions; worde ~ Type of 4 - lane DEC 1 1999 Golden Gate Bouleva~l C.IL 951 Uving~ton Road (North) Goodlette Road Santa Barbara Boulevard /Logan Boulevard C.R. 846 1-75 ~o C.IL 951 2 - lane Golden Gate Parkway 4 - lane to East Golden Gate Boulevard C.R. 846 to Lee Coumy 4- lane Line U.S. 41 to 1-75 4 - lane Pine Ridge Road to 4 - lane C.R. 846 Green Canal to Pine 4 - lane Ridge Road (12) (13) The above-uaffm monitoring report, in cmnbination with the ,:umuai Update and inventory Repor~ (AGIR) referenced in The applicant assigned a significam number of W^.~d!ara--: Olde C_vpress trips to the proposed Parklands South Access Road from the Parklands boundary southward, in Phase IV (ending 2004) of the x. Ve.z.dl=~d: Olde Cypress. The Parklands South Access Road is now being replaced by an extemion of C.R. 951 located to the east and north of Immokal~e Road. This relocation is consistent with the County's 2020 Financially Feasible Plan. A sixty foot (60') road right-of-way is now being provided on the west botmdary of~~ from Immokalee Road to the north property line. These substitute for ti~ Pafldan~ South Acceas Road. The applicant also assigned a significant number of W--...~.~:---'~...: Olde ~ trips to the proposed Livingston Road Extension between tmmokalee Road and Vmderbiit Beach Rzad during Pha~ V (eading 2007). lfthi~ road ~-graent i~ not con~ucted by the ~'ified Phase, the project shall undergo a determination as to whether a substantial deviation has occuxred. An amended development order shall be rendered after any deviat/im or not. Paragraph 7 entitled "Wetlands" of the Conclusions Worda ~ are additions; words o~ areidelecions. DEC 16 1999 Development Order 86-l, as anaended, for the Wood]ands DRI is het'eby antended m t~ WETLANDS: The W.a~llaads ~ site conlains a u~tal of 351 176 acres oflll~i~tX~ wetlands which accounts for 72% 33% of the total site. Most of the ~ and a major portion of the wansitional wetlands are pan ora major slough system which traverses the eastern portion of the site. As a result of pumped discharges associated with the agricultural operation-~ locat_,~ both w~st and north of the project site, along with drainage improvements such as the canal located immediately south of the project site adjacent to Immokalee (CR 846) Road, the overall site has cxp~enced an altered hydrop~riod. Preseatly the exotic nmlalm~a is diffused throughout th~ ate., but no specific locations or acreage~ ~' Th~ appiicam o0mmi~ lhat w~tlands will be impac~d by. r~- Eo!f c~'t cro~;-E~, .!~!:c: a:~ golf coarse only to implement the approved Master Plan, "C~. Aa n,d~m fo[ n~,land impacts, the applicant has commilled to a series, mitigation measures such as wetland and upland buffer zone preserve areas, up]and preserve areas, lake ]ittora] and ]imnetic zoae creaXion, exotic invaded wetland restoration and hydroperiod res~or~on, and off-site mitigation, as more specifically s!ate~ m Exhibit "C~, Conditions The applicant commits to wetland preservation, wetland mitigation and water management design presented within ~Exhibit "C" and as dc'pitted m Exhibit "A" as conditions of approval. II. Exhi'bit "A", Map "H", Master Plan of~ Order 86-1, as amended, for th~ Woodlands DRI is h~an~j amended by ~'~placing said Map "H" with a new Map "IF', Mast~ Plan attached here~ and incorporated by re. ftmm~ hereto a~ Exhibit "A". A. Yh~ appmv~ land usm wilt~ ~ O1~ ~ DRI are depicied on Ma "I-I", Master Plan, which is marked Exhibit "A", attached hereto and incorporated by reference herein. B. The apphcation is in a~mdaa~ with ~ 380.06(19), F/oea~ ,f~ta~a~es. C. TI~ dm,~Xopmmt of ~ Cypn~ on 528.8+ athos of land sh~ u~s described m the above Findings of Fact at Paragraph 4. - - DEC 1 1999 follow~: 7. D. The req,_,_~_.~ menameat to the p~ously approved Development Order is consisxen! with the report and review of Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the requested amendments has been conducted by the Comaty Depaxlments and the Southwest Florida Regional ~in~ Coullgil. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06. Florida Statues. SECTION THREE: CONCLUSIONS OF LAg' A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substantial deviation" pursuan! lo Section 3g0.06(19), Florida ,gtamez. B. The proposed amendment to ~he meviousiv ~ .arc,roved Devel .opment Order will em unreasonably interfere with the achievement of the objectives of the adopted State Land consis~en! with the Collier County Grow~ Management Plan and the Land Development Regnlations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMEI~rr ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hercby, Development Order 8~-1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall ~k¢ precedence over all other applicable previous ~nd subscqtmat Deve~ ~dmems which are m conflict thereof. B. Copies of this Development Order No. , shall be Uansmitted imm_,d~ety upon execution to the Department of Community Affairs, Bureau of Land and Wa~n' Management and the Southwest Florida Regional Planning Co,moil. C. This Developme~ Order shall take effect ~ provided by law, words ~ are addi~iono; word8 ~ are deletions. p BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of ~ Bo~ck This Resotulion adot~d ~ motion, second and majority vote. Done this ~ day of ,1999. Beard of County Commi~sionea'~ Collier County, Florida ATTEST: DWIGHT E. BROCK, Clerk Pamela Mac'Kie, Chairwoman Marjode M. Student DEC ~ % 1999 DEC II DEC 1 ~ 199! FORM RPM-BSP-PROCHANGE-1 STATE OF FLORIDA DEPAR~ OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Gcntcrview Drive Tallahas$~ Florida 32399 (904) 498-4925 NOTIFICATION,OF A~PROPOSED CHANGE TO A i~REVIOUSLY APPROVED DEVELOPMENT OF~REGIONAL IMPACT (])RI) SUBSECTION ~80.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed Chnn~ in a previously approved DRI be made to the local government, the regional planning ageax:y, ~md -i,~6bertL.~'ti~ mxiersign~ o ' ' -: "s~mzrmmvc Development, L~., u Flofi~ Limlt~ P~cmMp,-h~ioy ~vc nod~ of a promed ~ ~ a~o~y ~v~ ~~ ~ ~~ ~ m ~ ~ Su~on 380.~19), E~ ~. ~ ~n ~2 1 ~ ~ follo~g ~o~.on conc~g ~e W~m~ D~ now ~ ~ ~o~ ~ Olde C~ss Developm~ of Re~o~ ~p~ ~ch ~o~a~on is ~ ~d ~ ~ ~e ~ of my ~owl~gc. I have ~b~ t~y, ~er ~~ ~v~, ~pies offs ~mple~ no~fion to Collier Co.V, to ~e So~we~ Flofi~ Re~o~ Plug Co~c~, ~d W ~c B~ of~ P~ ~p~ of Communi~ ~. \~IMAoNA, PLE~W]~I ~98~1S~8152~ld~No6ce of'Chlm~ R.UM.BS~.doc AGENDA ITEM O DEC 1 ~ 1999 2. Applicant (name, address, phone). RESPONSE: Mr. Paul Hardy The Slrand 5645 Strand.Blvd., Ste. 3 Naples, Florida 34110-7300 Authorized Agent (name., ~ldre~ phon~) RESPONSE: Robert L. Duane, AICP Hole, Montes & Associate, Inc. 715 Tenth Street South Naples, Florida 34102 Tel. (941) 262-4617 Location (City, County, TownshJp/Ramge/Section)~f.~pprov~ciDRLaud proposed RES~NSE: The Olde Cypress DRI is located in Section 21, Township 48 South, Range 25 East. Lands to be added to this Notice of Change are located in Section 22, Township 48 South, Range 25 East, and comprise :~28.69 acres and are located just to the east of Olde Cypress. (See location map.) Provide · complete description of the propos~ change. Inelnde any proposed changes to ~he plan o~ development, phasing, additional lands, commencement date, buildout date, development order conditions and requirements, or to the representations contained in either the Development Order or the Application for a pro ,al. indicate sueh changes on,he project umster site pin, snppl~-...~gwith uther detailed raps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resetting hnpmL The proposed change is to incorporate 28.69 acTes to the east of the Olde Cypre~ DRI into the project. The number of dwelling units will remain the same in the project, which are 1,100 dwelling units. The gross project density will decrease from2~.to 2.1 dwelling tmit~ per ~u:re. There iano in~ea~ in eo~ floor DEC 1 1999 b) d) e) f) g) i) area and no change to the phasing schedule, commencement date or build out date. There is a minor increase in traffic, in this proposed Notice of Change. There is 5.9% increase in daily trips and a 5.4% increase in p.m. trips compared to thc 1996 Notice of Change. This is a result of the increase of single lhmily units in the project and a decrease in multi-family units (see Exhibit 4, Trallic Analysis). However, there wasa decrease in daily trips of+ 16% in the 1996 Notice of Change, with the reduction of 360 dwelling units and 35,000 s.f. of commercial area. Therefore, the proposed Notice of Change is still below the initial ADA parameters. Furthermore, the lands to be added to this Notice of Change, comprising 28.69 acres at seven dwelling units per acre, will result in a reduction of density for the lands to be added. For example, assuming :t: 6.63 trips per multi-family unit, ± 00 trips will be further reduced from the surrounding road network which will serve to offset the increase in trips from the 1996 Notice of Change, as a practical matter. The nam~ ofthe ~mje~ developer will change lmm lh~l~ Koaa Partnership to l)ide Cypress Development Ltd., a Florida Limited Parmership in addition to hang changes throughout r feren to tbe Woodlands. The acres of residential development in the Findings of Fact Section will increase from 133 acres to 152.5 acres. Water management areas will increase fi-om 157.8 acres to 161.7 acres. Map H ~ to the Development Order will increase grOss project acreage from 500.11 acres to 528.79 acres, right-of-way will increase from 20.6 acres to 23.8 acres including changes to water management areas as noted. Language has been added to the Historical/Archeological Section to note that no amheological rnsomv, e~ have been identified on the lands to be added to the DRI. Rsffm~aees have tnma delemd refeaxing to tbe Develotmma Sexvices Depanm~ throughout the docam~t and replaced with the Planning Services Depamaae~ In the 1996 change to the DO in the Wetlands Section, 358 acres is identified as the project preservation requirements. This conflicts with the 176.2 acres of preservation ~ set forth in the F'mdings of Fact Section and it has been In the Transportation Section (8), the development schedule was not identified as an exhibit nor was it attached to the Development Order. This oversight has also \~HMA_NAPLES~WP~ 199~ 19981 ~2~d~lot~e of Chan~-~RESPONSF, S 1199.doc &GENDA ITEi~ DEC 1999 J) A 2.1 acre preserve area is incorporaled onto Map H and pwvisions provided in the Development Order to l~:serve m'chaeological resources identified on the Lands to be added. i) the ±2.1 acre lake/mortuary preserve and along the eastern edge of the development will be protected by a 2~foot pwtective buffer. ii) the buffer area will be maintained in a natural state; should tree removal, tree or shrub planting or other disturbance occur as part of maintenance or landscape of the buffer, a professional archaeologist be present to monitor these activitie~ a professional archaeologist will monitor installation of any pipes, drains, or other equipment necessary to construct and/or maintain the three lake system. vO inadvertent discoveries of human remains or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2.2.25.8.1 of the Collier County Land Development Code. Complete the attached Substantial Deviation Detemination Chart for all land use types approved/n ~he development, if~o change is proposed or kas occurred, indicate no change. RESPONSE: The following page is a co~tp~ S~ Devintion Deter~ivm~ion cha~ for Residential lands~o be added. Also attached is the 1996 Notice ofghan~ ~. \~-ll~_NAPI.~SAWIA 1998A ! 998152~SNofi~ of Clmn~%RF~PONSi~ 1199.d~ DEC ! 1999 List all the dates and resolution numbers (or other appropria2 identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief deseription of the previous changes (Le., any information not already addressed in the Substantial Deviation Determination Chart). 'Has there been a change in local government jurisdiction for any portion of the development since the .last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? -RESPONSE: There have been five (5) Development Order Amendments adopted by Collier County sinc.~ th~ original Woodland's DRI Development Order (DO 86-1) was issued on November 6, 1996. The following is a description of the five (5) DO Amendmerrts: (1) Resolution Number 87-96 adopted April 28, 1987, amended Section B(5) (a) (7) ~'O ' aa~ ~o), Traa~pc, r~,.c,~, to ¢!~--d~..~' ..--:~-m:ibi!i~es efCe!!i~ Co,,_n.~, ~,,_d the developer; amended Section B(5) (b) (4), Transportation Conditions, clarifying and redelinmg criteria ~y which a substantial deviation ~halt be dc-~rmin~; R~solution Number tt7-207 adupted S~'ptemtx~ 15, 1987, amenair~ ~n A(4), findings of fact, to state a maximum square footage ofperrnitted commercial retail development and to increase the total acreage of preservation areas and to set forth a revised land use schedule that did not increase the total amount of acreage or dwelling units previously approved. The two (2) development order amendments described above were adopted by Collier County to resolve appeals of the original Woodland's DRI Development Order to the Florida Land and Water Adjudicatory Commission taken by the Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Woodland's DRI Development Order became effective on November 7, 1990,~the date on which the Florida Land and 'W~ter Adj adicatory Commission issued its Final Order of Dismissal of tl~ appeal R~solution Number 94774 adopted Novemtzx 1, 1994, exteaxded The Woodland's DRI commencement date and the buildout/termination date by four (4) years, eleven (11) months or until October 7, 2000, and October 7, 2015, restn~vely. Collier County remains the local government with j~ over all portions of the Olde Cypress DRI. (4) \~41~a._NAPLE~WI~199~19981 $2',rlo'~loti~ of Change~.ESPONSESi 199.do~ On October 22, 1996, the BCC amended the Development Order with Resolution 96-482 to reduce the number of dwelling units from 1,460 to 1,100 dwelling units and a reduction of the commercial use from 200,000 S.F. to 165,000 S.F. and ACiENDA ITEM' ,,o./? 0 DEC 1 99 DEC 1~ 1999 ZZ Z 1999 m~q~llaneous ctumge~ to d~ plan resulting solely from permitting requirements of the South Florida Water Management ~ct. AI~, ti~ RiEht-of-way Reservation on the East side of the Woodlands was eliminated. Miscellaneous changes were also made to drainage/water quality, transportation, vegetation and wildlife, wetlands, consistency with the comprehensive plan and fire by the d~letion theaeof. (5) On May 18, 1999, the BCC amended the PUD for Olde Cypress to make minor revisions to the development standards, including setback requirements, and to incorporate mini-storage as a permitted use in the commercial tract. Amendments were not made to the Development Order as acreage and development intensity remained the same. Describe any lands purchased or optioned within 1/4 mii~ of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non=project land uses within 1/2 mile on a project master site plan or other map. RESPONSE: Ne o...ddAfiev~_! !a.nti~ h.~.ave ~_.n p,,_rchased or optioned by *_he Applicant withio o_ne qu.arter (1/4) mile of the ori~nal DRI site subsequent to the original approval and issuance of the DRI Development Order. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), 'Florida Statutes. RESPONSE: The proposed change does not exceed forty percent (40%) (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes. Do you believe this lxlotif'a:.ati~m ~fChnnge twoposes a aahange wkieh meets the criteria ofsnbpatatgraph 380,06(19)(3)2, Florida Y~ No X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project.* If so, indicate the proposed new bMidont or phasing RESPONSE: No change is proposed to the build-out date or to project phasing date of the project. ~hqMA_NAPLE~Wl~I99~ 1998152~d~Notice of Chan~F. SPONSES I 199.4oc DEC 1 i999 11. 12. 13. Will the proposed change req~zire an amendment t~ the local governmmt comprehensive plan? RESPONSE: The proposed change will not require an amendment to thc local comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.O6(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: An updated master site plan or other _map of the development portraying and distingui~hinE the proposed changes to the previously approved DRI or developmmt arder conditions. RESPONSE: The-existing Map H is allached as Exhibit 1 and the proposed Master Plan, Map FI, is anached ~s F.~'bi~ 2. that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: All proposed specific changes ~to ~he~ature,~phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land me, open space, areas for preservatiou,,green 4~eits; ¢o structures or ~o other improvements including locations, square footage, number ofunits; and other.major.characteristics or components of the proposed change; RESPONSE: See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier County Development Order (Exhibit 8). An updated It, gad description of the property, if any project acreage ~ Imm added or ddmd to ~ previoudy approvtd plan of devdopmmt; RESPONSE: See revised legal description allachexi to Development Order. \~I]~LA_NAPLE~WI~ ! 998~ 1998152~rld~4otic~ of Chang~RESPONSE~! 199.do~ AC~.NDA rTEM Do A proposed amended development order deadline for commencing physical devdopmeut of the proposed chnp~ if q)pnctble; RESPONSE: No change. A proposed amended development order t~, hfination date that reasonably reflects the ~time required r~-Complete the development; RESPONSE: No change. A proposed amended development order date until which the local government agrees that the changes to the DR[ shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; RES?ONSE: No Pro~ mended d~t order specifica~ns for the annnal report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. RESPONSE: No change. \~IMA_NAPLF~WPH998~19981 ~2~d~otice of Chaflfe~RF_,SPONSES 1199.doc F % ! I f t DEC 1 ~ I~99 .;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;,; '.'.-,'.'.'.'.'.'.'.'.. .,% 1 I Exh~bSt C SOUTH FLORIDA WATER MANAGEMENT DISTRICT SURFACE WAT . [ MANAGF_NIENT GENERAL PERMIT NO. 11-01232-S PERMITTEE: IMMOKALEE ROAD PARTNERSHIP 1100 FIFTH AVENUE SOUTH #201 NAPLES, FL 33940 DATE ISSUED: March 12, 1997 PROJECT DESCRIPTION: 'MODIFICATION OF A. SURFACEWATERMANAGEMENT SYSTEM SERVING 11.1 ACRE(S) OF RESIDENTIAL DEVELOPMENT KNOWN AS THE WOODLANDS. PROJECT LOCATION: COLLIER COUNTY, SECTION 21 ~ 4BS RGE 26E This is ~o notify you of the District's agency action concerning Permit Application No. 970107-2, dated January 7, 1997. This action is taken pursuant' to Rule 40E-1.606 and Chapter 40E-40, Florida Administrative Code (F.A.C.). ~Water ~4a~nt ~ener~l Permit is in effect for this project subject to: 2. the attached Standard Limiting Conditions, 3. the attached 8 Special Conditions, and 4. the attached 3 Exhibit(s). Should you object to these Conditions, please refer to the attached "Notice of Rights' which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with.the District's action. IH EI~EBYCE~FYih~ta 'Notice of Rights''~asbe~nmiled to the Permittee (and the persons listed in the attached distribution list) no later than'S:00 p.m. on the 12th day of March, 1997, in accordance with Section 120.60(3), Florida Statutes. Benjamin C. Pratt, P.E. Area Manager - Regulation Ft Myers Service Center Certified Rail N~. P 44)2 201) 162 Enclosures AGENDA ITEM' DEC 16 1999 South Florida Water Management District GENERAL PERMIT NOTICE OF RIGHTS ~lotice of Rights is intended to inform the recipient of the administrative and judicial review which may be available as ated by section 120.60(3). Florida Statutes. Be advised that although this notice is intended to be compr~ue, the review lures setforth herein ha~e been the subject o! judicial construction and interpretation which may affect the ad ministrative o! ! review available. Recipients are therefore advised to become famili~ with Chapters 120 and 373, ~ Statutes. aha the al Interpretation of the provisions of these chapters. ~substantiali¥-affected person objects to the staft"s recommendation, that person has the right to request an administrative ~aring on the proposed egency4ctio~. The substantiallyaffected person may recluest either a formal or an informal hearing. s'set forth below. =Failure tocomply~vith the prescribed time .periods shall constitute a waiver of the right to a hearing. a substantially affected person believes a genuine iss[Je of material fact is in dispote, that person may request a formal hearing ursuant to section 120.57(1), Florida Statutes, by filing a petition not later than: ' a. IF NOTICE OF THE APPLICATION WAS PUBLtSHE. D BY THE APPLICANT, within fourteen_ (14) days after mailing of the proposed agency action or b. IF NOTICE OF THE APPUCATION WAS NOT PUBLISHEO. within fourteen days after receipt of actual notice. ,'he t~quest for a section 120.5'7(1), F.S., formal hearing must comply with the requirements of Rule. 40E-1.521. Florida dmintstrative Oode.'a'copY of which is ~-tt,_ehed~Petitions ere deemed flied:upu, ~ecelptby the. District. F&i[u re to ,dt~ta~. tiall~comply ~'ith theprovisionsof Rule40E-1.521,FioridaAdministrative Code, shall constitute a waiver of the right to f I ~ub51m~mlf~, affecled pemo~ be#eves that no issues of material ~act are in dispute, tl~t Pemon may request an in~m~a! ~ pursuant to section 120.57(2), F.S., by filing a petition for hearing not later than: F NOTICE OF THE APPLICATION WAS PUBLISHED BYTHE APPLICANT, within fourteen (14) days after h,,~iling of the proposed agency action or ~). IF .NOTICE-OF THE-APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual notice. , request for Informal hearing shall be Considered as a waiver of the right to request a formal section 120.57(1).F;S.. hearing. A ,equestforasection 120.57(1), F.,.~. formal hearing not in substantial compliance with the provisions of rule 40E-1.521, F.A.C., ~my be considered by the District as a request for Informal hearing, ff a peflflo~ for edmt~istmtlve heaxing is not timely filed, the f~ff~ l~roposed agencyacfion ~vill automatically mature into final agency action. Pursuant to section 373.114, Fiorida'Statutes, a party to the proceeding below may seek review of a Final Order rendered on the oermR,application before the.Land ,and Water Adjudicatory Commission, as provided therein. Review under this section is ,.r~edby~Ringa~'eq uest for eeview~vtth the L~clend ¥Cater, Adjudicatory.Commission~nd ~erving a copyon~he Department of E~e~me~eJ Regt~ation and any person named in the Order v~(hin 20 days ~fter ~dering <)! ~ Olstrict's Or, er. ~ whe~ the order to be ~eviewed has ~-tatewtde or regional significance, as determined by the Land and Water Az~judicatory Commission with~0 days arfter ~'eipt of a~q~'t ~or~evie~,the commissio~m~/accePt a ~~~ from any affected pemon within 30 days after the rm~le~ of the order. Review under ~ 373.114, Fioricla Statutes. is limited ~ to a determination of consistency with the provisions and purposes orCtmpmr 373. Florida Statutes. This review is appellate in nature and limited to the record below. Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency actiom Section 373.617(2), Florida Statutes, provides: Any person substantially affected by a final action of any agency v~ith respect to a permit may seek review ~,dthin 90days of the rendering of such decision and request monetary damages and other relief in the circuit court to detennh e aOor 'V acco. is an um asonsb e of constituting a taking without Just compensation. Review of final agency action for the ~ of d~erm~mg ~,ther the action is in accordance with existing statutes or rules and ba~ed on component substantla! evidence shall proceed in'accordar~e ~ith Chapter 120. t:~ease be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to the D.i~t+ rict Court or of ci,. ,lt cou..vi,w of final ,goncyby th. oistdot on ......... ...k.a.h...t41~., H.,,. d,',wm.m~. The anoliclnt is edvised tO ~uR tl~ (m~e All petitions ~iled under th~se rules sham contain: mddonar ts a substantially affected party. ~ ~=Zch 6taro a c~q~ut~ 1~ is I~ the ~o~on of the I:)L~tdct to resolve. If accar ,~e Board shall dos[g~te the pressing officer of the aci~n~tral~ve hea~ng. ~ DL~ct ~hatl promptly s~ve written no~ce to al~ p the ec~on taken on the petition, and ~hat[ ~1,,~, te v~ part~cu~ty its reasons therefor. -(~} If · vaFK! pet~don i~ filed, w~th the co~t of ~ ~n 120~7(11~} ~ be w~ed. 'Go~ ~use' s~ ~an a set of ~~~es unforeseen a~ ~de of ~e con~ of thc (7} If the 5omd designates n Hea~ng Ofi'~e~,u~g~ b~ the ~o~ o~ Ad~~ He~'ings m~ the ~ of Ro~', tho ~ ~ shat[ forty.ed the petition m~d ~11 releve~t materials flied w~th tho Dt~a'/ot'to O~e b~t~/~', of ~ He~dngs, m~l shall notify ! pa~os of its action. ~ AudwMtlf 120.S3. 371.044. 373.113 F.S. law implemmalmd 12D,,53113.12Q.57. ~7'A.113 F.S. ~ -- n~w ~. fom--~ I1~-101.111. 16K-1.11~11 --(31. 161C-1.1%, kmmldd ~-1143. 0 DEC 1o 99 STANDARD LIMITING CONDITIONS THE PERMITTEE SILaJ.L IMPLFJ4ENT THE WORK: AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY AZ)VERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NAllJR/U. ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTIllJTE NECESSARY MEJkSURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TUJ:U)IDITY, NUTRIENT LOADING AND SEDIMEIfTATION IN THE RECEIVING WATERS. WATER QUALITY DATA FOR THE WATER DISCHARGED'FROM'I}IE'PERMII-FEE'S PROPERTY OR' INTO SURFACE WATERS OF THE STATE WILL BE SUBINII'I*ED TO ll(E DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER IV~ANAGEMENT DISTRICT - MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302, F.A.C. IF :WATER QUALITY DATA IS REQUIRED, THE PEP, MIl-FEE SHALL PROVIDE DATA ON VOLUMES OF.WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SA24PLING AND TOTAL MONTHLY'DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. ll4IS PERMIT SHALL NOT RELIEVE THE PERMI'rllEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. e THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF r_ERT!F!CAT!ON OF l!4E rJ)MPl ETEO SURFACE WATER WATER -MANAGEMENT SYSTEM. THE~=PERMITTEE SHALL 'REQUEST--r~,,e~o..~r..,~,.,,o, ,.,, v, -'r,c.,,,,. -ncn.~4TT, ~.,.,,,. TO THE ~p~N~X:R~ E .~P_F_.t~RT_-T_~Uk. i ~NTIT¥ ACCEPT£D BY THE DISTRICT, IE DIFF~FJ~T H?d:)M THE PERIfITTEE. TfIE T~FF:tt EOIJ~T ~ O([ SUBIJlTTF, JD ~ll..Y Will4 'T14.E .-4~;ONSTRt)CllON COlql;l_lslltllq ~Lt(i.U-Z~,AiiOJ~. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WIll41tIECRIlq-rRIR SET FORll4 IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." ALL BUILDING FLOOR ELEVATIONS SHALL BE SE[ IN ACCORDAJICE ~ITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER I~ANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMElfr WILL BE MADE ONLY THROUGH THE FACILITIES ALFTHORIZED BY THIS PERMIT. 8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITYMEETING THE ~REQUIREMENT IN JECT~ON 9.0, "BASIS OF~REVIEW FOR SURFACE ~ATERlVIJkNAGEMENT ~ERMIT RPP£ICATIONS ~ITHIN SOUTH FLORIDA ~ATER~MANAGEMENT DISTRICT - t~ARCH, 1gEL4,' HAS BEENESTABLISHEDTOOPEJUkTE)UIDlvm. A, INTAINll4E- SYSTEH. THE EIfTITY MUST BE PROVIDED WITH SUFFICIEIfr OWNERSHIP OR LEGAL IlfrEREST SO THAT1-THAS CONTROL OVER ALL WATER I~qNAGEIqENT FACILITIES AUTHORIZED ttEREIN. 9. THE PERMIT DOES NOT CONVEY TO THE PERMIl-rEE ANY PROPERTY RIGHT NOR AJCY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CNAPTER 40E-4, FAC. 10. THE PERMIT]lEE SRALL ~i. D A~ID SAVE ll4EDISTRICT HA&UPd. ESS FIU)MANY AND$1d.L DAMAGES, CLAIMS, OR: LIABILITIES WHICH NAY ARISE BY REASON OF THE CONSll),UCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUl140RIZED BY lttE PERMI). 11. THIS PERMIT IS ISSUED BASED ON'THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER NANAGEMENY SYSTEM OCCUR, THE DISTRICT WILL P. EQUIRE THE PERMII'rEE TO PROVIDE APPROPRIATE MII'IGATIONTOll4E OISll~ICl OR Oil41'" IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERNI~EE~O MODIFY THE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE 'THE CAUSE OF THE ~ IMPACTS. IVE~ J/ ~ 12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMIITEE OR AUTHORIZED SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSll~UCTION C~ENCE14ENT EQUIVALENT) OF THE ACTU/U. OJ~ ANTICIPATED CONSTRUCTION ST/LRT DATE ~ T AGE i 1 1999 IOTICE IE EXPECTED COMPLETION DATE. 13. WHEN THE DURATIONOF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIATHE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNIN,' ONE YEAR AFTER ltlE/ INITIAL CONMEHCEMEHT OF CONSTRUCTION. 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEHENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATE)lENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAl. DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT). THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE~ATER MANAGEMENT FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ' ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. 15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHERTRANSFER OFANY OF I'HE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRDTING VIA EITHER FORM 0483, REQUEST FOR PE~I~J~.I~SFERi OR FOR!M Oq?O, REQUEST FOR TRANSFER OF SURFACE ._SL~I.TI'.ED~¥ TH~ .,04~O, ATING .4ENTITY), IN ,ACCO~ ~ITH SECTIONS 4DE-1.6J05 AND ~DE-4.351, F.A.C. 16. A PRORATED SHARE OF SURFACE .WATER I~ERENT ~10t%TDE-TEHTION AREAS, SUFFICIENT TO PROVll)E I'HE REQUIRED FLOOD PROI'ECTION AND WATER QUALITY I'REAIIIENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE. 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100} FEET .OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 18. IT IS THE RESPONSIBILITY OF THE PERMII'rEETO INSURE I'HAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 19. THE PERMITTEE MUST OBTAIN A WATER uSE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE ..WORK QUALIFIES FOR A ~.,F_~IERAL PERMIT PURSUAHT TO SUBSECTION 40E- :20.302(4), F.A.C. A~A ITEM~ ~ DEC 1 ~ 1999 SPECIAL CONDITIONS THE PERMIl*TEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 2 . PE. ASURES SHALL BE TAKEN DURING CONSI*RDCTION TO INSURE THAT SEDIMENTATION AND/OR TIJRBIDITY PROBLEMS /UUE NOT CREATED IN THE RECEIVING WATER. * THE DISTRICT RESERI/ES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM ZF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 4 . FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED NODIFICATION OF THIS PERMIT. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-01232-S REI4AIN IN EFFECT UNLESS OTHE~ISE REVISED AND SHALL AI~LY TO THIS NODIFICATION. 6 . OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE ACTI*VZT~ ASSOC~ ¥ITN /~mU~lElr(q~TIOll ~ ~ .~l~ ~l i~T~, ~. ~ ~VIAT'I~-~ ~E TI~ 'F~S ~ ~I~ F~ S~ APPROVAL. SU~ REQUE~S ~ BE ~E IN ~NG ~ ~L INCL~E (1) R~SON FOR ~E ~IFICATION; (~) P~SED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING HITI~TION EFFORTS. COMPLETION DATE ACTIVITY MARCH 30, 1997 OCTOBER 1, 1997 MAY 1, 1998 MAY 15, 1998 JUNE 15, 1998 NOVEMBER1, .1~98 ~OVEMBER 1, 1999 NOVEMBER 1, 2000 NOVEMBER 1, 2001 NOVEMBER 1, 200Z NOVEMBER 1, ZOO3 SUBMIT CONSERVATION EASEMENT DOCU~S BASELINE MONITORING REPORT .EXOTIC YEGEI:ATION REMOVAL EXCAVATION AND GRADING MITIGATION AREA PLANTING MITIGATION AREA TIME ZERO 'MONITORING 'REPORT EIRST tNONITORING REPORT SECOND ~ONTTORING REPORT THIRD NONITORING 'REPORT FOURTH NONITORING REPORT FIFTH NONITORING REPORT DSC SPECIAL CONDITIONS 8 . DISCHARGE FACILITIES: BASIN-lA: 1-0.5' DIA. ORIFICE WZI'H INVERT ATELEV: 13.0: NGVD. 1-7:5' WIDE SHARP CRESTED WEIRWITH CREST ELEV:..13.95'_NGVD.. 440 LF OF 3.0' DXA. PCP CULVERT. RECEIVING BODY: WATERSHED-1 (BASIN-I). CONTROL ELEV: I3.0' NGVD / DRY SEASON: 13.0' NGVD. BASIN-l: 28-0.31' DIA. ORIFICE(S) WITH INVERT(S) AT F. LEV: 2-0.56' DIA. ORIFICE(S) WI'I'H INVERT(S) AT ELEV: 50 LF OF 3.0' DIA. RCP CULVERT. ~E£E!¥!~ Bn~V~ ~R-R46~.ANAL 11.5' NGVD. 12.27' NGVD. LOCATION MAP lO UNDEVELOPED .u~ o~'V'E:L o~i.,.i D EX1STING SINGLE FAMILY 29 · HOLE, MONTES &'ASSOC. 71S lOTH STI~ET NAPI.,S, [T,E HO'RTICULTURAL NURSERY AND. 22 :EXISTING SMALL COMM. AREA I 75% AG, .~ hUNDEV. ExP. AGj STA. I 50% ACTIVE 50% UNDEY. THE WOODLANDS / OATE: lIMA FILE ~3. 10/89 182,60 DEC 1999 THE WOODLANDS PER,lIT SUltRY SHEET APPL/ CAT/ ON NUHBER: 970107-2 I~ERNIT NI~DIFICATIO~ NO.: 11-01232-S .LOCATION: COLLIER COUNTY, S21/T48S/R26E O~ER-. IMMOKAtEE ROAD PARTNERSHIP ENGINEER: HOLE, MONTES & ASSOCIATES, INC. PROJECT AREA: 11.10 ACRES DRAINAGE AREA: PRO~ECT USE: RESIDENTIAL 11.10 ACRES west-(Longshore .Lake) and the Cocohatchee Canal to the south. The project was granted Conceptual Approval on August 11, 1994, Permit No. 11-01232-S, and later modified for Construction and Operation of the multi-basin SWM system serving the residential development. The'proposed modifications are located within the previously permitted WATERSHED-1 & lA basins. The residential development discharges to the Cocohatchee Canal via a single control structure with a ~xiaRaa discharge rate of 12.8~ cfs. 2 PROPOSED: Plan sheets 2-7 of 7 by Hole, Montes & Associates, signed and sealed by July C. Adarmes, P.E. on February 13, 1997 are incorporated by reference into this General Permit modification and will be retained in thepermit file. The applicant proposes minor reconfiguration of lands within the previously permitted basins (WATERSHEO-1 & lA only) and* modifications to the previously permitted WATERSHED-1 & lA control structures. The modified WATERSHED-IA control structure will include 1-0.5' diameter circular orifice with invert at the basin control elevation of 13.0' NGVO and 1-7.S' wide sharp crested ~eir with crest elevation at 13.9S' NGVO. The structure discharges to ~atershed-1 (Basle-l). The modified WATERSHED-1 control structure will include 28-0.31' diameter circular orifice(s) with inverts set at the basin control elevation of 11.S' NGVD, ~-0.56' diaamter circular orifice(s) with inverts set at 12.27' NC. VD and SO If of 3.0' ~i~ter RCFCR-.~y~~:-;~E~ culvert. The structure will continue to discharge to th( Exhibit t q 1999 THE WOODLANOS PERI, IT SUW'4ARY SHEET canal. ~e proposed modifications resul~ ~n a decrease ~n ~he projec~ d~scha~e rate, from 12.82 cfs to 12.?~ cfs. No additional modifications ~o 'the ~ATERSHEO-I & I~ ~ systems are 'proposed at this time. P,R~ECT LEVEL: DRAINAG~ BASIN: COCOHAT~ RIVER BASIN RECEIVING BOOY: CR-846 CANAL ~-~ ENVIRO~AL ASSESSHEITT: ~ROOECT SITE DESCRIPTION: The proposed modification involves approximately 11.1 acres of pine flatwood uplands. The development includes wetland areas that are located outside the limits of this modification. EXISTING ON SITE UPLAND COMMUNITIES: 'ZD 'TOTAl. I~ZOL1)GICAL COlgIIINZTY L'IRINONI~ NO ACREAGE CONDITI ON TYPE RCRERGE PINE FLRTWOODS I 11.10 GOOD II.I0 TOTAL ON SITE UPLANO ACREAGE: 11.10 POTENTIAL USE POT--EIITIAL SPECIES TYPE OCCURANCE BIG CYPRESS FOX SQUIRREL FORAGING OBSERVED THE WOODLANDS PERI, IT ~ SHEET ENDANGERED, THREATENED .& SPECIES OF SPECIAL CONCERN SUI~ARY: The original-'permit required'the-preservation of 6.5 acres of Big Cypress Fox Squirrel habitat. The approximate locations of the preserve areas were indicated, ~however, the 'notes indicated these areas .were preliminary and subject to field modification based on the final 9olf course configuration and pine tree distributions. .Although* the proposed fox squirrel preserve areas 'have been relocated .as .part of this modification, the total preserve area remains 6.5 acres. The final location of these preserve areas is still subject to the previously referenced conditions. APPLICABLE LAND USE: TOTAL ACREAGE includes all previously permitted lands to be reconfigured with Oll~ contmins 4~.3Z ,acres ~f eff~tte la~ds served I~y system. TOTAL PREVIOUSLY PROOECT PERRITTED THIS PHASE TOTAL ACRES 248.66 248.66 11.10 acres WTRMACREAGE 33.80 33.80 .00 acres PAVEMENT 32.40 31.90 .50 acres BUILD COVERAGE 95.40 88.40 7.00 acres OTHER 40.37 40.37 .O0 acres DIVISIONAL APPROVAL: SURFACE U. ATE~ 14ANAGEMENT Rit:hal~[:.~. ThompsOn, P.E. Exhibit Gq' EXECUTIVE SUMMARY DOA-99-04, GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING WCI COMMUNITIES, L.P., FOR AN AMENDMENT TO THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER NO. 95-01, AS AMENDED, FOR THE PURPOSE OF INCREASING THE PROJECT ACREAGE BY 141.6+ FOR A TOTAL OF 2,213.6_+ ACRES, REDUCING THE NUMBER OF RESIDENTIAL UNITS FROM A MAXIMUM OF 4,900 TO A MAXIMUM OF 4,800 DWELLING UNITS, DECREASING THE GROSS DENSITY FROM 2.36 UNITS PER ACRE TO 2.16 UNITS PER ACRE, INCREASING THE NUMBER oF GOLF HOLES BY 9 FOR A TOTAL OF 72 HOLES RESULTING IN AN INCREASE OF GOLF COURSE/OPEN SPACE FROM 578.8 ACRES TO 642.4 ACRES, AND REVISING THE DISTRIBUTION OF COMMERCIAL LAND USES IN ACTIVITY CENTER DESIGNATED AREAS, FOR PROPERTY BORDERED ON THE WEST BY TAMIAMI TRAIL NORTH (U.S. 41), ON THE EAST BY THE FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY VANDERBILT BEACH ROAD IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,213.6_+ ACRES. (COMPANION TO PUD-93-01(5)) OBJECTIVE: This petition seeks to amend the Pelican Marsh DRI Development Order in order to facilitate the annexation of an additional 141.6 acres of land and to make certain revisions to the Current Development Order. CONSIDERATIONS: The Pelican Marsh Community spans an area lying north of Vanderbilt Beach Road from U.S. 41 N/North Tamiami Trail to the proposed Livingston Road with some exception for isolated properties lying south of Vanderbilt Beach Road both east and west of Goodlette-Frank Road. The annexed area will have the effect of adding land to the east of Livingston Road. In addition to adding 141.6 acres of land to the PUD which will be used for golf course, residential and conservation purposes, the land development strategy is to be modified showing revisions to land uses from the original inception of approval which are described in the following table. In effect the Development Order will be amended to redefine the legal project boundaries, distribution of commercial land uses in the activities center, and to adopt a new master plan iljustrating the uses in the annexed area and reaffirming the uses in the currently approved area. SOUTHWEST REGIONAL PLANING COUNCIL: On October 21, 1999, the SWRPC heard the Notice of Proposed Change to a previously approved Development of Regional Impact (NOPC) pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the following report prepared by its staff: Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes. DEPARTMENT OF COMMUNITY AFFAIRS: By correspondence dated October 12, 1999, the Department of Community Affairs advised it had completed its review of the Notice of Proposed Change (NOPC) for the Pelican Marsh Community Development of Regional Impact (DRI), located in Collier County, Florida. The Department has reviewed the proposed changes on the basis of the criteria established in Section 380.06(19), Florida Statutes, and has concluded that the proposed changes will not create the likelihood of additional regional impacts. Therefore, the Department does not object to the proposed amendment to the D.O. for the Pelican Marsh Community DRI. FISCAL IMPACT: None for DRI purposes. See Companion PUD-93-01(5) executive summary. GROWTH MANAGEMENT IMPACT: None. The Companion Petition PUD-93-01(5) advised petitions deemed consistent can have no adverse impact on the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: The added 142 acres east of Livingston Road are located outside any historic/archaeolOgical probability area. In addition, the currently approved DRI/PUD currently provides the following: 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. Revisions to the current Development Order do not affect any historic or archaeological relationships. 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 DOAo99-04, subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC heard this petition on November 3, 1999. They unanimously recommended approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on November 3, 1999. They unanimously recommended to forward this petition to the Board of County Commissioners with a recommendation of approval. 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, etition has been placed on the Summary Agenda. I~ONALD F. N~'AICP DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPR'OVE~ BY:~ ~ ~ VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. g/admin EX SUMMARY/DOA-99-04/RN/im ! AGENDA ITEM 7-E TO: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SE] DATE: OCTOBER 20, 1999 PETITION NO: DOA-99-04, PELICAN MARSH COMPANION TO PETITION PUD-93-01 (5) OWNER/AGENT: Agent: Mr. George L. Vamadoe Young, van Assenderp, Varnadoe and Anderson 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Owner: WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 (See petition for ownership details) REQUESTED ACTION; This petition seeks to amend the Pelican Marsh DRI Development Order in order to facilitate the annexation of an additional 141.6 acres of land and to make certain revisions to the Current Development Order. GEOGRAPHIC LOCATION; The Pelican Marsh Community spans an area lying north of Vanderbilt Beach Road fi.om U.S. 41 N/ North Tamiami Trail to the proposed Livingston Road with some exception for isolated properties lying south of Vanderbilt Beach Road both east and west of Goodlette-Frank Road. The annexed area will have the effect of adding land to the east of Livingston Road (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: In addition to adding 141.6 acres of land to the PUD which will be used for golf course, residential and conservation purposes, the land development strategy is to be modified showing revisions to land uses from the original inception of approval which are described in the following table. m In effect the Development Order will be amended to add the additional project boundaries, distribution of commercial land uses in the activities center, and to adopt a new master plan iljustrating the uses in the annexed area. SOUTHWEST REGIONAL PLANNING COUNCIL: On October 21, 1999, the SWRPC heard the Notice of A Proposed Change To A Previously Approved Development Of Regional Impact 0NOPC) pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the following report prepared by its staff.' Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. Request Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes. DEPARTMENT OF COMMUNITY AFFAIRS: By correspondence dated October 12, 1999 the Department of Community Affairs advised completed its review of the Notice of Proposed Change (NOPC) for the Pelican Marsh Community Development of Regional Impact (DRI), located in Collier County, Florida. The Department has reviewed the proposed changes on the basis of the criteria established in Section 380.06(19), Florida Statutes, and has concluded that the proposed changes will not create the likelihood of additional regional impacts. Therefore, the Department does not object to the proposed amendment to the D.O. for the Pelican Marsh Community DRI. STAFF REVIEW Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become part of the technical data submission as part of the NOPC. It is that information which upon review by the SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs in their insubstantialresp°nse by value.indicating no objection were basically indicating that the changes were of ~an 2 The proposed revisions for all practical purposes will not have any measurable impact on the perception one may have of the type of development occurring at Pelican Marsh. Traffic impact analysis shows that the total effect of the revisions to density and commercial intensity will actually result in a slight decrease in the overall external trips generated by this development, inclusive of the annexed portion. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition 99-04 described by the amending DRI Development Order resolution included with this Executive Summary. PREPARED BY: RONALD F. NINO, AICP CURRENT PLANNING MANAGER REVIEWED BY: R/OB~RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: C T A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number DOA-99-04 Staff Report for the November 18, 1999 CCPC meeting. C O/~~)~N~ANNING CO MMISSION: RUSSELL A. BUDD, CHAIRMAN G:/ADMIN/DOA-99-04/STAFF REPORT/RN/ts DATE DATE DATEt FORM RPM-BSP-PROPCHANGE- 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES (Date) Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, George L. Varnadoe, the undersigned authorized representative of WCI Communities, Inc. (WCI), a Delaware corporation, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh Community development which information is tree and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. (Signature) for George L. Vamadoe Applicant (name, address, phone). WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Florida 34134 (941) 947-2600 Authorized Agent (name, address, phone). George L. Varnadoe, Esquire Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 Location (City, County, Township/Range/Section) of approved DRI and proposed change. The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East, Collier County, Florida. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DRI was originally approved by Collier County in 1995 (DO 95-1; Res. No. 95-71) to contain 5,600 dwelling units, 575,000 square feet (gfa) of retail commercial use, 350,000 square feet of office space (including up to 100,000 square feet of medical office), 280 hotel units, and 36 holes of golf. Approvals of two previous Notices of Proposed Change (DO 97-4 and DO 99-2) have resulted in the current authorization of the following amounts of development within Pelican Marsh: 4,900 residential dwelling units; an 80-acre Activity Center containing 402,500 gross square feet of retail use, 175,000 square feet of office use (with up to 25,000 square feet of medical office), 450 hotel units, an 80,000-square foot cultural center; and 63 holes of golf. - 2 - In this NOPC, WCI is proposing to add 141.6 acres of land to the Pelican Marsh DRI, bringing the total size of the project to 2,213.6 acres. This parcel is located east of the future Livingston Road. The new parcel will be utilized to relocate some residential units, which will be shifted from the currently approved residential areas of the Pelican Marsh DRI, and for an additional 9 holes of golf. This NOPC will result in the approved 4,900 residential units being decreased by 100 units, to a total of 4,800 units. The addition of 141.6 acres, coupled with the proposed reduction in residential units to 4,800 units, results in a decrease in the gross density of the project from 2.36 units per acre to 2.16 units per acre. The addition of 9 golf holes, resulting in a total of 72 holes, will increase the acreage of golf course/open space from 578.8 acres to 642.4 acres. Included as exhibits to this NOPC are three (3) maps showing the 141.6 acre parcel which supplement maps E, F and I in the Pelican Marsh DRI ADA. Exhibits "F," "G," and "H" attached hereto are maps showing the parcel's soil codes, land use classifications, and storm drainage, respectively. WCI is also proposing changes to the amounts of commercial use approved within the 80-acre Activity Center located within thc northern quadrants of the Vanderbilt Beach Road/Airport Road intersection. The changes within the Activity Center are the following: the deletion of the 80,000-square foot cultural center; a decrease of approved retail use from 402,500 square feet (gfa) by 21,400 square feet to a proposed total of 381,100 square feet (gfa); and an increase in office use from 175,000 square feet (with up to 25,000 square feet medical office) to a proposed total of 295,800 square feet (with up to 9,000 square feet of medical office), an increase of 120,800 square feet. There is no change proposed in the number (450) of approved hotel units within the Activity Center. The following chart summarizes the land use changes approved by Collier County in all NOPCs for the Pelican Marsh DRI since the initial Development Order was issued in 1995, including the current August, 1999, NOPC. The chart also demonstrates that since the original Development Order, the amendments, including the current NOPC, result in a dramatic reduction in the amount of development authorized within Pelican Marsh. The reductions include a decrease of 800 residential units, a decrease of 193,900 square feet (gfa) of retail use, and a decrease of 54,200 square feet of office use. These reductions have been accompanied by a cumulative increase, including this NOPC, in the amounts of hotel and golf use originally approved, by 170 units and 36 holes respectively. These changes are reflected on the revised Pelican Marsh Master Plan (Map H-3) attached hereto as Exhibit "B." The proposed changes in this NOPC continue the trend of reductions in the traffic impacts of the Pelican Marsh DRI. These changes will reduce the number of PM peak hour external trips generated by Pelican Marsh by approximately 1%, in comparison to the approved Master Plan. The proposed changes will result in a cumulative reduction of 19.4% in the number of trips generated, in comparison to those approved in the original (1995) DRI Master Plan and development order. A traffic study prepared by David Plummer and Associates detailing the trips generated by the Pelican Marsh DRI, including this NOPC, is attached as Exhibit "E." o o Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Chart below. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? The Pelican Marsh DRI (DO 95-1) has been amended three times, as described below: Collier County approved Development Order 95-5, by Resolution No. 95- 555, on September 26, 1995. The change consisted of a new legal description and corresponding plan and text changes to reflect the addition of one (1) acre of land to the project. Collier County issued Development Order 97-4, (Resolution No. 97-457) on December 9, 1997, which approved the applicant's NOPC with the land use changes shown on the above chart following question number 5. Collier County issued Development Order 99-2, (Resolution No. 99-234) on May 11, 1999, which approved the applicant's NOPC with the land use changes shown on the above chart following question number 5. Describe any lands purchased or optioned within ¼ mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within ½ mile on a project master site plan or other map. WCI owns approximately 10.1 acres of undeveloped land in Sect._on 31, east of the parcel being added in this NOPC. The parcel is in the process of being sold. A legal description and boundary sketch of the land are attached hereto, following the substantial deviation determination chart. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. 10. 11. 12. 13. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., Florida Statutes? YES NO X Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes are proposed. Will the proposed change require an amendment to the local government comprehensive plan? NO, Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: See attached proposed Development Order, attached as Exhibit "D," which includes proposed additions or deletions to the Pelican Marsh DRI Development Order 99-2. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DR/or development order conditions. A copy of the approved master'plan (Map H-2) is attached hereto as Exhibit "C." A copy of the proposed Pelican Marsh Master Plan (Map H-3) is attached as Exhibit "B." Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: ao All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to o;'her improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See proposed Master Plan (Map H-3), attached hereto as Exhibit "B," and revised Development Order, attached hereto as Exhibit "D." There are no proposed changes to the phasing or buildout dates, nor to the existing DO requirements and conditions. - 7 - be Co do An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; Attached as Exhibit "A" is the revised legal description of the Pelican Marsh DRI, including the 141.6-acre parcel to be added east of the future Livingston Road. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change. SUBSTANTIAL DEVIATION DETERMINATION CHART TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 99-2; RES. NO. 99-234, May 11, 1999 Attraction/ # Parking Spaces 0 400 400 Recreation # Spectators #Seats 0 750 750 Site locational chan~es See Map "H-3" See Map "H" Acreage, including drainage, N/A 15 acres within 80-acre "activity center" ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Airports Runway (length) N/A N/A N/A Runway (strent~th) Terminal(gross sq.ft.) # Parking spaces # Gates Apron area(gross sq.ft.) Site locational chanl~es Airport acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations _.H._ospit als # Beds N/A N/A N/A # Parking; spaces Building (gross sq.ft.) Site locational chanl~es Acreage, including drainage, ROW, easements, etc. - # External vehicle trips D. O. conditions ii representations - 9 - TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 99-2; RES. NO. 99-234, May 11, 1999 Industrial Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parking Spaces Building (gross sq.fL) # Employees Chemical Storage (barrels and lbs.) Site locational changes # External vehicle trips D. O. conditions ADA representations Minin~ Operations Acreage mined (year) N/A N/A N/A Water withdrawal (gal/day) Size of mine (acres), including drainage, ROW, easements, etc. Site locational changes # External vehicle trips D. O. conditions ADA representations Office Acreage, including drainage, within 80-acre 20 acres within 80-acre "activity center" ROW, easements, etc. "activity center" Building (gross sq.fi.) 295,800 sq.fi. 350,000 sq. fi. (up 175,000 sq.f~. (up to 25,000 sq.fi. (gfa) (up to 9,000 to 100,000 sq.fi, medical office) sq.fi, medical medical office) office) # Parking spaces # Employees Site locational changes See Map "H-3" See Map "H" # External vehicle trips D. O. conditions ADA representations - '10 - TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 99-2; RES. NO. 99-234, May 11, 1999 Petroleum/ Storage capacity N/A N/A N/A Chemical Storage (barrels and/or lbs.) Distance to navigable waters (feet) Site Iocational changes Facility acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Ports (Marinas) # boats, wet storage N/A N/A N/A # boats, dry storage Dredge and fill (cu.yds.) Petroleum storage (gals.) Site Iocational changes Port acreage, including drainage, ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations Residential # Dwelling units 4,800 5,600 4,900 Type of dwelling units # Lots Acreage, inc. drainage, ROW, 636.4 acres 859 acres 610.4 acres easements, etc. Site locational changes See Map "H-3" See Map "H" See Map "H-2" # External vehicle trips D.O. conditions - 2.1 - TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 99-2; RES. NO. 99-234, May 11, 1999 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center" Service ROW, easements, etc. "activity center" Floor space (gross sq.ft.) 381,100 gross 575,000 gross 402,500 gross sq.ft. sq.ft, sq.ft. # Parkin~ spaces # Employees Site locafional chanses See Map "H-3" See Map "H" See Map "H-2" # External vehicle trips D. O. conditions ADA Representations Hotel/Motel # Rental Units 450 rooms 280 rooms 450 rooms Floor space (gross sq.t~.) # Parkin~ places # Employees Site locational chan~es See Map "H-3" See Map "H" See Map "H-2" Acreage, including drainage, within 80-acre within 80-acre "activity center" ROW, easements, etc. activity center # External vehicle trips D.O. conditions ADA representations R.V. Park Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parking spaces Buildings ~ross sq.fl.) ~ Employees Site locational chanties # External vehicle trips D.O. conditions ADA representations - 12 - TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 99-2; RES. NO. 99-234, May 11, 1999 Open Space (all Acreage 114.2 acres (no 59 acres 114.2 acres natural and change) vegetated) Site locational chan~es See Map "H-3" See Map "H-2" Type of open space non-impervious D.O. conditions surfaces) ADA representations Preservation, Buffer Acreage 360.4 acres 294 acres 330.4 acres or Special Protection Areas Site locational chan~es See Map "H-3" See Map "H" See Map "H-2" Development of site proposed D. O. conditions ADA representations - 13 - DESCRIPTION: A portion of Section 31, Township 48 South, Range26 East, Collier County, Florida being more particularly described as follows: NW 1/4 of the SE 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel contains a total of 10.11 acres, more or less 0 0 'IX3 HDV3B zglBB3ONYA PUD93- PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Applicant's Mailing Address 24301 Walden Center Drive City Bonita Springs State Applicant's Telephone Number: Bus.: (941) 947-2600 WCI Communities, Inc., a Delaware corporation ("WCI") FL Zip Fax- 34134 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (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. X_X_ (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. WCI is the owner/developer of the existing Pelican Marsh PUD and the contract purchaser of the 141- acre garcel to be added to the Pelican Marsh PUD Current owners of 141-acre parcel to be added to Pelican Marsh PUD: David B. and Diana L. Touchstone 53 Cajeput Drive, Naples, FL 34108 (See attached contract summa _ry and attack ed Consent and Appointment of Agent) Name of Agent George L. Varnadoe Firm Young, van Assenderp, Varnadoe & Anderson, P.A. Agents Mailing Address 801 Laurel Oak Drive, Suite 300 City Naples State Telephone Number: Bus.: (941) 597-2814 FL Zip 34108 Fax: (941) 597-1060 _/?? 3. Currently effective: Pelican Marsh PUD: PUD ORDINANCE NAME AND NUMBER: Ordinance No. 99-33 10. 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]). See attached legal description. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 25, 27, 34, 35 & 36 and SECTION 31 TOWNSHIP 48 South RANGE 25 East TOWNSHIP 48 South RANGE 26 East Address or location of subject property Parcel to be added to Pelican Marsh is north of Vanderbilt Beach Road, east of future Livingston Road. 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, a parcel of approximately 10 acres (see attached legal description). Applicant has no plans to develop the parcel, and it is in the process of being sold. TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment X C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: If no, explain: X Yes No HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? Yes. WCI amended PUD PETITION #: Petition No. PUD-93-01(4) DATE: May 11, 1999 HAS ANY PORTION OF THE PUD BEEN DEVELOPED? ARE ANY CHANGES DEVELOPED? PROPOSED FOR SOLD AND/OR X THE AREA SOLD AND/OR Yes. X IF NECESSARY). No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS AFFIDAVIT I, Edward R. Griffith being first duly sworn, depose and say that I am the owner and contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I 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. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. For: WCI COMMUNITIES, INC. a Delaware corporation By: Edward~R. Griffith Vice President SIGNATURE OF AGENT: George Varnadoe SWORN TO AND SUBSCRIBED BEFORE ME THIS (SEAL) My Commission expires:7/~///~(~) 3 CONSENT AND APPOINTMENT OF AGENT Tl~s Consent and Appointment of Agent is made this ~n~day of ~~.~t, 1999, by WCI Communities, Inc., , a Delaware corporation (hereinafter referred to as "~v'CI"), and David B. Touchstone and Diana L. Touchstone (hereinafter jointly referred to as "Touchstone"). WITNESSETH WHEREAS, WCI has a mailing address of 24301 Walden Center Drive, Bonita Springs, Florida 34134 and Touchstone has a mailing address of 53 Cajeput Drive, Naples, Florida 34108; and WHEREAS, Touchstone owns approximately 150 acres of land located in Collier County, Florida, more particularly described in E.,chibit "A", attached hereto (hereinafter the "Subject Property"), which land is located adjacent to the Pelican Marsh Development of Regional Impact ("DRI") which was approved in Development Order 95-1, as amended, issued initially by Collier County on January 24, 1995; and WHEREAS, WCI and Touchstone have entered into a contract for the sale by Touchstone of the Subject Property described in Exhibit "A" to WCI; and WHEREAS, WCI intends to carry out development within Pelican Marsh on the Subject Property which will require changes and amendments to the Pelican Marsh Community PUD, Master Plan and DRI Development Order 95-I, as amended, issued by Collier County, including the addition of the Subject Property to the Pelican Marsh Community PUD and DRI, and may require approvals or actions by other agencies of the State of Florida and agencies of local government; and WHEREAS, Touchstone is aware of WCI's intention to add the Subject Property to the Pelican Marsh Community PUD and DRI and Touchstone consents to WCI preparing and filing applications for amendments to the PUD and DR/Development Order to include the Subject Property described in Exhibit "A" prior to the closing and completion of the sale of the Subject Property by Touchstone to WCI; and WHEREAS, WCI and Touchstone (hereinafter jointly referred to as "Owners") have decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all governmental approvals necessary to develop the Subject Property in the manner intended by WCI, and to authorize said agent to act on their behalf with full authority, to obtain such approvals, including amendments to the Pelican Marsh Community PUD and the DR/Develop.nent Orders previously issued by Collier County. NOW, THEREFORE, the Owners, in order to authorize and direct their agent and representative to act on their behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property., consents to the following: APPOINTMENT OF AGENTS 1. George L. Vamadoe and the law firm of Young, van Assenderp & varnadoe, P.A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed the agent/representative of the Owners, with full authority to act on their behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owners' plan of development for the Subject Property described in Exhibit "A". 2. George L. Vamadoe and the law firm of Young, van Assenderp & Vamadoe, P.A., are authorized to represent and to act as agents for the Owners with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriate and reasonably related to obtaining approval of proposed development on the Subject Property, including amendments to the Pelican Marsh DR/Development Order, and PUD zoning or rezoning on the Subject Property. These agencies or entities may include, but shall not be limited to, the following: a. The Collier County Board of County Commissioners and all departments, divisions and sub-units of Collier County.. b. The Southwest Florida Regional Planning Council. Transportation. The Florida Departments of Community Affairs, Environmental Protection, and d. The Florida Secretary of State and all other Cabinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owners, WCI and Touchstone have signed below. WITNESSES: WCI COMMUNITIES, INC., a Delaware corporation Signature Printed Name Signature Printed Name By: "~)'~4~ ~ Vivien Hastings, Senior Vi//e President Printed Name Printed Name DAVID B. TOUCHSTONE WITNESSES: g~ature Printed Name Printed Name DIANA L. TOUCHSTONE Dated: EXHIBIT A DESCRIPTION: A portion of Section 31, Township 48 South, Range26 East, Collier County, Florida being more particularly described as follows: PARCEL 1 N 1/2 of the SE 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL II S 1/2 of the NE 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL III N 1/2 of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL IV S 1/2 of the SW 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL VI N 1/2 of the SW 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. PARCEL VII NW 1/4 of the SW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, II, III, IV, VI, and VII contain a total of 141.61 acres, more or less SUMMARY OF TOUCHSTONE CONTRACT Agreement for Sale and Purchase entered into April 22, 1998, between David B. and Diana L. Touchstone (Seller) and WCI Communities Limited Partnership (n/k/a WCI Communities, Inc.) (Purchaser) Property: As described in the legal description attached to the PUD Application Closing: On or before January 14, 2000 (Purchaser may elect to close prior to January 14, 2000, upon 120 days' notice to Seller) G:\users\THERESAXwpS\pelican marsh touchstone~rnisc\Summary of Touchstone Contract.wpd DESCRIPTION: A portion of Section 3 l, Township 48 South, Range26 East, Collier County, Florida being more particularly described as follows: NW 1/4 of the SE 1/4 of the NW 1/4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel contains a total of 10.11 acres, more or less 42) i '£X3 HD¥38 L~IS~3ONYA f ~ DEVELOPMENT ORDER 99- RESOLUTION NO. 99 - A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 95-1. AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDING THE FINDINGS OF FACT SECTION TO REFLECT AN INCREASE IN OVERALL ACREAGE, A DECREASE IN THE AMOUNTS OF SQUARE FOOTAGE ATTRIBUTABLE TO RETAIL COMMERCIAL AND MEDICAL OFFICE USES AND NUMBER OF RESIDENTIAL UNITS, AN INCREASE IN THE AMOUNTS OF SQUARE FOOTAGE ATTRIBUTABLE TO OFFICE COMMERCIAL USES, NUMBER OF HOLES OF GOLF AND AMOUNT OF ACREAGE ATTRIBUTABLE TO CONSERVATION AREAS AND DELETION OF THE CULTURAL FACILITY AND AMENDING THE MASTER PLAN; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCN Communities, Inc., (herein "WCNTM) filed on November 30, 1993, with the CounD' of Collier an Application for Development Approval (ADA) of a Development of Regional Imapc! (DRI) known as Pelican Marsh Community in accordance with Section 380.06, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 95-5 by Resolution No. 95-555, amending Development Order 95-1, on September 26, 1995, to change the legal description of the Pelican Marsh Community; and WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 99-2 by Resolution No. 99-234, amending Development Order 95-1 on May 11, 1999, to make certain revisions; and WHEREAS, WCI Communities, a limited partnership (hereinafter "WCF'), the successor in interest to WCN, desires to make certain revisions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the development approved herein; and %7-IEREAS, WCI, through its authorized agent, has filed its application and notification of a proposed change to Development Order 95-1, as amended, which is attached hereto and incorporated by reference herein as Exhibit "A"; and Words r~ruck thrcugh are deleted· Words underlined are added. WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican Marsh Community DRI, Development Order 95-1, as amended; and WHEREAS, the Collier County Board of County Commissioners has passed Ordinance No. on , 1999, which has the effect of amending the PUD zoning for the Pelican Marsh Community previously approved in Ordinance No. 97- 79; and WHEREAS, on ,1999, the Board of County Commissioners, at a public hearing in accordance with Section 380.06, Florida Statutes, having considered WCI's application and notice of proposed changes to the Pelican Marsh Community Development Order 95-1, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendations of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Pelican Marsh Community Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN A. Paragraph 4 of the Findings of Fact Section of Development Order 95-1, as amended (Resolution 95-71, as amended), for the Pelican Marsh Community DRI is hereby amended to read as follows: 4. The applicant proposes the development of the Pelican Marsh Commumty consisting of.- .... acre:: 2213.6_+ acres~ as depicted in the Master Plan, Map H3, attached as Exhibit D." Pelican Marsh includes 80 acres of "activity center" use which will contain the following land uses: up too.~,vvv~a~ t~nn 381,100 square feet of gross floor area (GFA) of retail commercial use; up to 299,999 295~800 square feet of GFA of medical office use; ~59 kctel re. cra:; e..nd an ~°9,999 GFA Cul.'vc..-a! Center (A.~aet~en F~'2'k%') w'kk 759 :eat: v.-.~ ~.99 p~kL':g :pace: and 450 hotel rooms. The Pelican Marsh Commumtv. will contain a maximum of ~,..~naa 4,800 residential dwelling units; 6-3 72 holes of golf and clubhouses; 229.~. 360.4 acres of conservation area, (some of which is within an FP&L easement); 114.2 acres of open space; and a 20 acre school site. Words struok thrcu3h are deleted. Words underlined are added. -2- B. Exhibit "A", (Map "HI", Master Plan) of Development Order 95-1, as amended, for the Pelican Marsh Community DRI, as amended by Development Order 99-2, is hereby amended by replacing said Map "HI", Master Plan, with Exhibit "D", new Map "H3", Master Plan, attached hereto and incorporated herein by reference, reflecting the amended locations of the approved land uses. SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Pelican Marsh DRI are depicted on Map "H3", Master Plan, which is marked Exhibit "D", attached hereto and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Marsh Community on 2213.6+ acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the Southwest Florida Regional Planning Council. E. A comprehensive review of the impact generated by the requested amendments has been conducted by the County Departments and the Southwest Florida Regional Planning Council. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the Southwest Florida Regional Planning Council and does not constitute a "substanfi :1 deviation" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. Words ztruck "-hrcu~h are deleted. Words underlined are added. -3- D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. 1. Except as amended hereby, Development Order 95-5, as amended shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order No. 99- , shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management and the Southwest Florida Regional Planning Council. Board. day of C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote. Done this 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency M'a~jo~-M. Student' Assistant County Attorney f/MarJorie Smdenl/Developrne-nt Ordertl 1-24-99fMS/im words ctruck ~hrcu~-~-- are deleted. Words underlined are added. -4- - E IYE APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NUMBER 99-46 LAND DEVELOPMENT CODE AMENDMENT TO CORRECT A SCRIVENER'S ERROR DUE TO THE OMISSION OF AN AMENDMENT TO FACILITATE THE ADMINISTRATIVE APPROVAL OF PRELIMINARY SUBDIVISION PLATS HEARD AND APPROVED AT A PUBLIC HEARING ON JUNE 16, 1999. To correct a scrivener's error by including in Ordinance 99-46 an amendment which would correct the omission of an approved Land Development Code amendment, which authorized administrative approval of Preliminary, Subdivision Plats. CON,~IDERATIONS: Amendments to the Land Development Code, Cycle I, 1999 included a staff report and a summary of · proposed amendmems which included the an~ndmerrt which is the ,subject of this scrivener's erru:. The relevant Section of the Land Development Code was also duly advertised. Staff, inadvertently failed to realize that the Ordinance did not include an amendment which was duly advertised and included in staff summary sheets, and was clearly adopted by the Board of County Commissioners, and clearly addressed on the record. Currently, the CCPC appro~,es Preliminary Subdivision Plats. Planning Uommission agreed that this process was better dealt with administratively because its process is perfunctory. FISCAL IMPACT: GROWTH MANAGEMENT IMPACT: Nollg STAFF RECOMMENDATION: That Ordinance No. 99-46 be amended on the bases that it constitutes a scriveners error to provide for amending Section 2.3.4.11 for the purpose of providing for the administrative approval of Preliminary Subdivision Plat. /70 DEC 1 6 1999 ~tONAL~. ~I~O, A~CP CURRENT PLANNING MANAGER BERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCE~IT~. CA~Yi'ERO, AICP, ADMINISTRATOR SCRIVENERS ERROR ORD. 9946 EX SUMMARY/md DATE \\, tn. tiff DATE DATE COLLIER COUNTY BOARD OF COUNTY COBEI$,~E~ AGENDA June 16, t999 PIarmmg/R. Nino Imeroffice FP CV IN 5:05 p.m. "NOTIf:'E-. ALL PEI~)WS ~N/SHTNG TO SPEAK ON ANY &~:~NDA ~I~M ~ ~ PRIOR TO SPEAKING. SF~AK~RS NIUST 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 ACTMTIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING ~ BOARI~, OF COUNTY COMMISSIONERS~ REGIgrl~ WITH THE CLERK TO REQUESTS TO ADDRESS THE BOARD ON SU~fECTS WHICH ARE NOT ON THIS AGENDA ~ ~E ~UBM/T~ED Lq ~ ~VITR ~TiON TO -T~IE COUNTY ADMIN/STRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OFTHE ]VI~ETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DEC[DES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A V~ERB~TL~I,~ OF'TP/E':,~OC~E~ ~ ~cDl~, WI~ICTrl rtr. x.O~D INCLUDES THE TESTIMOIqY 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. ASSISTED LISTENING i~VICES FOR THE HEAR~A; IMPAIBF. D ~ AVALLABLE IN THE COUNTY COMMISSIONEI~S' OFFICE. PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPIa~.~NSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA'OF'COLLTER 'COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTIOI4 THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING DIVISION 7-2 ZONING DISTRICTS, PERMI'VTED USES, CONDITIONAL USF~, DIMENSIONAL STANDARDS, DMSION 2.3 OFF-STREET PARKING AND LOADING; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGN DIVISIO?~ 7.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2~. ARCHITECTURAL AND SITE DESIGN STA~)ARDS AND GUIDELINES FOR COMMERCIAL BUILDINd~9-~ND ~._'3~ ~T~ PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DMSION 3.3 SITE ', '~'"~',~ June ~6, 1999 : , , I)gVELOPMENT I~.,AN$; DMSION 3.4 [~P1,O~iVl~; DIVISION 3J. EXCAVATIONS; D/V/SION 3~. VgGgTATK)N REMOV~ fftOTgC']'](~ AND PitESgRVATION; ARTICLE 6, DIVISION 6.3. DEI~_TIONS, INCJ.,~ING, BUT NOT I, IMIT~ TO DEFINFTfONS OF I~Oh~ORMING LOTS; SECTION FOIJR~ CC)NFL/CT AND SEVERABILITY; S~CTION FIVE, INCI.,USION OF THE LAND DEVELOPMENT CODE; AND SECTION SIX. EFFECTIVE DATE. ADJOURN AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services LDC PAGE: LDC 3.13 LDC $F.,CTION: 3.2.62.2. and 3.2.6.2.3. CHANGE: To ame. ad procedures for obta/aing an approval ora prel/minary sulxliv~a plat by deleting the requirement for approval of the Collier County Planning Commission (Section 3.2.6.2.3) and requiring an administrative approval of the Planning Services Director (Section 3.2.6.2.2.). REASON: The review of Preliminary Subdivision Plats is primarily a function of ensuring that provisions of Subdivision Regulations described at Division 3.2 of the Land Development Code are refloeted m the preparation of subdivision plans. Onoe admim~v~y approved the planning commission approval is perfunctory at best. Recognizing this the Collier County Pl~aingCommis~m has n~:~cm'o:n~-'l~ a ~visi~m ~o Division 3.2 for ttael~.npos~ ofmakmg the approval of Preliminary Subdivision Plats an administrative process. This will conserve staff time and lighten the agenda of the Collier County Planning Commission. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.6.2.2. Review and rccc.::::::c::da'.ic:: determination o£ approval approval with cot~ditior~s, or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services director shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall ,~.~ ~; ...... :~:^~ ~.n, ;, approve, approve with conditions, or deny the preliminary subdivision plat. The decision to ap_re'nye with conditions, or deny the preliminary, subdivision plat may be appealed to the board of coun.ty commissioners pursuant to the provisions of Section 1.6.6. of the Land Develonment Code q-~, ......... ,~.,;^. ~s.,., ~, .... ~.~:,~,~,~ .... ;~:~ ;- "~';~- If the development services director r..~m2~'=?- 2. ....~ : ...... ~- sho~fld de. ny or place candi/ions on the preliminary subdivision plat, he shall state m writing reasons for suzh ----~an.: of denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the County Bgard of Commissioners. 3.2.6.2.2.8: 3.2.6.2.3. LDC AMENDMENT/RFN/md/H:LDC CYCLE ! - 109t9 2 ORDINANCE NO A_N ORDINANt[~ A.MEI~I~t3 CO~J-n~ CLO'IqTY O~~ ~~ 9~6, ~ ~~ O~CE ~ER 91-102, AS ~ED, COLLAR CO~ L~ DE~LOP~ CODE BY PROLOG FOR: A SC~~'S ~OR ~~ OF SEC~ONS 3.2;6.2.2 ~ 326.2.3 OF ~ L~ D~~ CODE; ~ SERVilITY; ~CLUSION CO~R CO~Y L~ DE~LOP~ CODE; ~ ~ E~CTI~ DA~. 99-46, which amended ~ N~ 91-I02 ~s amended, and WHEREAS, the Board of County Commissioners at their public hearing for June 16, 1999 did have in their possession an amendment to Sections 3.2.6.2.2 and 3.2.6.2.3 of the Land Deveiopment Code which w~ furt~ ~ m the mmmarg ~aeet iistm8 all of the ~mmlments that ~ to be OO~R~I t~y ~ Number 99-46; ar.: tlFttEREAS, the Public ~ ~ifi~l .iy ineh~dtyt th~ m,aendmm~ to S~tions 3.2.6.2.2 m~d 3.2.6.2.3 ~ to do with ~ the ~ for ~ comml~on approval of prelimin~y subdivision plans; and WHEREAS, the record reveals that it was clearly the intent of the Board of County Commissioners to ~iopt the amendment to Sections 3.2.6.2.2 and 3.2.6.2.3, ~ Collier County, Florida: SECT/ON ONE: SCR,/VENERS F_.RROR AMENDIVIENT Ordinance Number 9946, Subsection 3.G, Amendments to Subdivisions Division, Divi~n 3.2, Subdivisions of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.2.6.2.2. Rewew and ~ determination of c~proval, flpproval with Conditions. or dernal by devest services director. A//er receipt of a completed prelimir~_ry subdivision plat, the devetopm~t services direaor shall review and evaluate the preliminary sulxlivision plat m conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall r~,w,,,':'.'n, end ,e the approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of count3' commissioners pursuant to the provisions of section 1.6.6. of this code. ,~u~ ree.~::',~-':;n.daticn _.u_:,~.a o~ ou~ _~__:__ r,c.~.-:,2z, r2zr. ~ 'a~'.a.ng. If the development services director ........ ~ '~-' '~ -t-~-: ...... ;'~:~- should deny or place conditions on the pre~ subdivision plat, he shall slate m writing reasons for such ~ denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be ao~'~ied to t_he county_ board of commissioners. Words struck through are deleted; words underlined are added. 32.6.2.3. ~//c~ble [~w, the more restrictive ~ apply. If any phrase or port/on of th~ Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, d/sfinct, and/ndepefldent provision and such holding shall not affect the validity of the remaining portion ~zCTION TEIREE: [NCLU$ION INTO THE COLLIER COUNTY CODE The proviA~ms of this Ordinance ~ become and be made a part of the Land Dev~opment Cotie such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. SECTION FOUR: EFFECTIVE DATE i n~ ~ ~i~ ~ =T~ =ptm ;~,~ ~,;, .a~ ~-~, ~m~ orst~te PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Count),, Florida, this __ day of ,1999. ATTEST: DWIGHT E. t~ROCK, Ct~k Approved as to Form and SCRIVENER'S ERROR ORDINANCE/RNA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: PAMELA S. MAC'KIE, Chairman Words~ are deleted; words underlined are added. EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD BROOKSIDE UNITS 1-3, COCONUT CREEK UNITS 1-3, COCONUT GROVE UNITS 1-3, FAIRVIEW SUBDIVISION, FLAMINGO ESTATES, GATES MILLS, HUDDLESTON'S SUBDIVISION, JOHNNYCAKE COVE, MENTOR PINES, NAPLES GROVES & TRUCK CO'S LITTLE FARMS NO. 2, NAPLES VILLAS, RAINBOW COVE, ROCK CREEK PARK, CREEK TERRACE, SUNRISE VILLAS, SUNSET SUBDIVISION, TURNBURY, WILLOUGHBY ACRES, WILLOUGHBY PINES, AND WILLOW WEST TO THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board adopt an Ordinance amending Ordinance No. 72-1, as amended, creating and providing for the County-wide Lighting District, by adding certain areas to the Collier County Lighting District. CONSIDERATIONS: On October 12, 1999, the Board discussed Item 10(F) and requested staff to look into statutory language regarding a proposed amendment to the street lighting district. Section 122-1(a), Florida Statutes, states, "A new lighting district may be created, or an existing lighting district enlarged, by motion and three affirmative votes by the board of county commissioners in a regular or special meeting or by petition to the board by 50 percent plus one of the persons owning property within the proposed district, or area to be added to an existing district." Based on the above, staff submitted Iteml6(B)(7), which was approved by the Board on November 9, 1999, and established a public hearing date of December 14, 1999 for the adoption of an Ordinance amending Ordinance 72-1, as amended, to include the areas listed above into the Collier County Lighting District. Some of the noted areas represent specific requests for street lights, others are included as the residents had contacted staff regarding traffic calming and asked about the possibility of street lighting. Staff has also included adjoining and/or abutting neighborhoods where applicable for consistency of light distribution and to unify the lighting district. FISCAL IMPACT: A cost estimate is attached for review. Upon adoption of the attached Ordinance by the Board, staff will include the increase in the FY 2000-01 budget request for the Collier County Lighting District Fund 760. GROWTH MANAGEMENT IMPACT: None DEC 1 q 1999 RECOMMENDATION: Based on the information provided, staff requests that the Board adopt an Ordinance amending Ordinance 72-1, as amended, to enlarge the boundaries of the County-wide Lighting District to include all geographic areas noted above: SUBMITTED BY: Marq.u~ Ki~ng, Clericr~t u ~~'sor"'~ DATE: 11/15/99 REVIEWED BY: /Q ~..r'/"~.: DATE:l/- 2-Z.--? , Edwa~J. K~gI~E.,T~ ~t0~ation Services Director APPROVED BY~ ~ D ATE :/'~/~fi/~;fi2 ~' Ed Ilschner, Public Works Administrator Attachments: Ordinance Cost Estimate DEC 1 1999 PG. ~ 1 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 AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD BROOKSIDE UNITS 1-3, COCONUT CREEK UNITS 1 - 3, COCONUT GROVE UNITS 1-3, FAIRVIEW SUBDIVISION, FLAMINGO ESTATES, GATES MILLS, HUDDLESTON'S SUBDIVISION, JOHNNYCAKE COVE, MENTOR PINES, NAPLES GROVES & TRUCK CO'S LITTLE FARMS NO. 2, NAPLES VILLAS, RAIN-BOW COVE, ROCK CREEK PARK, ROCK CREEK TERRACE, SUNRISE VILLAS, SUNSET SUBDIVISION, TURNBURY, WILLOUGHBY ACRES, WILLOUGHBY PINES, AND WILLOW WEST TO THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDIN0 CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 72-I, AS AMENDED Section One of Collier County Ordinance No. 72-1, as amended, is hereby amended to 24 add the following geographic areas into the Collier County Lighting District: 25 BROOKSIDE UNITS 1-3. which are more particularly described as follows: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 All of Brookside Subdivision Unit No. I as recorded in Plat Book 4. Page 72. of the Public Records of Collier County. Florida: and All of Brookside Subdivision Unit No. 2 as recorded in Plat Book 4. Page 82, of the PuD!lc Records of Collier County. Florida: and Ali of Brookside Subdivision Unit No. 3 as recorded in Plat Book 4. Page 88. of the Public Records of Collier County. Florida: and All of Brookside Subdivision Unit No. 3. Plat No. 2 as recorded in Plat Book 3. Page 99. of the Public Records of Collier County, Florida. COCONUT CREEK UNITS I-3. which are more particularly described as follows: All of Coconut Creek Unit No. I as recorded in Plat Book I. Page 108. of the Public Records of Collier County. Florida: and All of Coconut Creek Unit No. 2 as recorded in Plat Book 3. Page 4. of the Public Records of Collier County: and All of Coconut Creek Unit No. 3 as recorded in Plat Book 3. Page 48. of the Public Records of Collier County. COC_Q~_UT GROVE UNITS 1-3. which are more particularly described as follows: All of Coconut Grove Unit No. 1 as recorded in Plat Book 4. Page 69. of the Public Record'~.of Collier County; and All of Coconut Grove Unit No. 2 as recorded in Plat Book 4. Page 87. of the Public Records of Collier County. Florida: and Words UrlOerlined are added; words struck through are deleted. DEC 1 1999 PG. ~ 1 2 3 4 5 6 7 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 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 All of Coconut Grove Unit No. 3 as recorded in Plat Book 5. Page 5. of the Public Records of Collier County, Florida. FAIRVIEW SUBDIVISION. which is more particularly described as follows: All of Fairvicw Subdivision as recorded in Plat Book 2. Page 99. of the Public Records of Collier County. Florida. FLAMINGO ESTATES. which is more particularly described as follows: All of Flamingo Estates as recorded in Plat Book l 0. Pag~ ;~4. of the Public Records of Collier County_. Florida. GATES MILLS. which is more particularly described as follows: All of Gates Mills as recorded in Plat Book 16. Page 79. of the public Records of Collier County. Florida. HUDDLESTON'S SUBDIVISION. which is more particularly described as follows: All of Huddleston's Subdivision as r~corded in Plat Book 2. Page 100. of the Public Records of Collier County, Florida. JOHNNYCAKE COVE. which is more particularly described as follows: All of Johnnycake Cove as recorded in Plat Book 28. Pages 1-2. inclusive, of the Public records of Collier County. Florida. MENTOR PINES. which is more particularly described as follows: All of Mentor pines as recorded in Plat Book 14. Page 46. of the Public Records of Collier County. Florida. NAPLES GROVES & TRUCK CO'S LITTLE FARMS NO. 2. which is more particularly described aS follows: All of Naples Groves & Truck Co's Little Farms No. 2 as recorded in Book 1, page 27. of the Public Records of Collier County. Florida. NAPLES VILLAS. which is more particularly described as follows: All of Naples Villas a~ record¢O in Plat Book 4. Page 67. of. lh~Public Records of Collier County, Floricla, RAINBOW COVE. which is more particularly described as follows: All of Rainbow Cove as recordeql in Plat Book 3. Page 92. of the Public Records of Collier County, Florida. ROCK CREEK PARK. which is more particularly described as follows: All of Rock Creek Park ss ~ecorded in Pl_~!~x~k 1. Page 79 9f the Public Records of Collier County. Florida. ROCK, CREEK, TERRACE. which is more particularly described as follows: All of Rock Creek Terrace as recorded in Plat Book 1. Page 40. of the Public Records of Collier County. Florida. SUNR_JSE VILLAS. which is more particularly described as follows: All of Sunrise Villas as recorded Jn Plat Book 8. Page 75. of the Public Records of Collier County.. Florida. SUNSET SUBDIVISION, which is more particularly described as follows: All of Sunset Subdivision as recorded in Plat Book 8. Page 48. of the Public Records of Collier County. Florida. TURNBURY. which is more particularly described as follows: All of Tumbury as recorded in Plat Book 15. Pjages 62-63. inclusive, of the Public Records of Collier County. Florida. WII.LO_I2(.iHB_Y_21~tLis more particularlY__described as follows: All of Willoughby _&c_res as recorded in Plat Book 8. Pages 24-26. inclusive, of the Public Records of CollLe,,I C_tutn_!7~ _F. loridil, Words underlined are added; words struck through are deleted. 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 WILLOUGHBY PINES. which is more particularly described as follows: All of Willoughby Pines as recorded in Plat Book 17. Pages 22-23. inclusive, of the Public Records of Collier Coumy. Florida. WILLOW WEST. which is more particularly described as follows: All of Willow West as recorded in Plat Book 15. Page 79. of the Public Records of Collier Courlty, Florida. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION THREE: 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 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ BY' Deputy Clerk PAMELA S. MAC'KIE, Chairwoman Approved as to form and legal Sufficiency: Thomas C. Palmer Assistant County Attorney DEC I 1999 1 4 1999 NO.'D~' PG._ 7'~-' .e DEC 1 ~ 1999 ® · ® PC,, COST ESTIMATE AREA # LGTS COST TOTAL TOTAL PER LGT MONTH ANNUAL Brookside Units 1-3 Coconut Creek Units 1-3 Coconut Grove Units 1-3 Gates Mills Flamingo Estates Johnnycake Cove Mentor Pines Naples Groves & Truck Co's Little Farms No. 2 Naples Villas Rainbow Cove Rock Creek Park Rock Creek Terrace Sunrise Villas Sunset Subdivision Turnbury Willoughby Acres Willoughby Pines Willow West 30 $ 43 $ 17 $ 35 26 $ 35 25 24 $ 10 $ 25 45 25 45 1 $ 75 73 $ 25 65 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 Total Annual Fees: 1. Administration (estimate, based on history) 2. Property Appraiser (estimate) 3. Tax Collector (estimate) 4. Indirect Cost Reimbursement (estimate) 5. Other Contractual Services (estimate; one-time construction charge) $ 450.00 $ 5,400.00 $ 645.00 $ 7,740.00 $ 255.00 $ 3,060.00 $ 45.00$ 540.00 $ 390.00 $ 4,680.00 $ 45.00$ 540.00 $ 30.00$ 360.00 $ 360.00 $ 4,320.00 $ 150.00 $ 1,800.00 $ 30.00 $ 360.00 $ 60.00$ 720.00 $ 30.00$ 360.00 $ 60.00$ 720.00 $ 15.00$ 180.00 $ 105.00 $ 1,260.00 $ 1,095.00 $ 13,140.00 $ 30.00$ 360.00 $ 90.00$ 1,080.00 $ 3,885.00 $ 46,620.00 Total $ 1,000.00 $ 9OO.OO $ 1,400.00 $ 2,5O0.OO $ 4O,OOO.OO $ 92,420.00 NOTE: 1. Ail figures are approximate. An actual cost estimate will be obtained from the utility provider for budgeting purposes if the Board adopts the Ordinance. 2. The estimated cost per light is factored on the cost of 16,000 Lumen High Pressure Sodium Vapor (HPSV) lights, including pole cost, cable cost, and fuel charges.