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Agenda 02/08/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 8, 2000 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 BO.SJ~D 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 COI~NTY 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 CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY CONLMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Maryann Dorner, Church of the Resurrection 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. 1 February 8, 2000 C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. January 11, 2000- Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of February 21-27, 2000 as National Patriotism Week. To be accepted by Ms. Joanne Newby, Chairman of Americanism Committee, Naples Elks Lodge #2010 2) Proclamation proclaiming the week of February 14-18, 2000 as National School Counseling Week in Collier County. To be accepted by Ms. Kathy Thomson, Center Director, Sylvan Learning Center 3) Proclamation proclaiming the week of February 13-19, 2000 as Friends of the Library Week. To be accepted by Mr. Richard Benson, President, Friends of the Library. B. SERVICE AWARDS 1) Henry Bickford, Road and Bridge - 25 Years 2) Mary Jo Thurston, Revenue Services - 20 Years 3) Donald Eckert, Sr., EMS - 15 Years 4) Gilberto Garcia, Road and Bridge- 10 Years 5) Jerry Tharp, Wastewater - 5 Years 2 February8, 2000 PRESENTATIONS 1) Recommendation to recognize Jerry Tharp, Operator II, Safety Coordinator, Wastewater Department, as Employee of the Month for February 2000. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition ST-99-03 Paula Davis, Keystone Custom Homes, represented by their agent David Farmer, P.E., of Coastal Engineering, Inc., requesting a Special Treatment Development Permit to allow construction of residential single family lots, streets and associated infrastructure on a portion of the property with a Special Treatment (ST) Overlay located within the proposed Little Palm Island Subdivision in Section 23, Township 48 South, Range 25 East, Collier County, Florida. (COMPANION TO PETITION CU-99-27). Bo PUBLIC WORKS 1) Consider Petition TM 95-02 for Neighborhood Traffic Management for Estey Avenue and Shadowlawn Drive. 3 February8, 2000 Co PUBLIC SERVICES SUPPORT SERVICES 1) Presentation of the Workforce Assessment Report Conducted by Florida Gulf Coast University. E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Tourist Development Council. B. Approval of support letter for Florida Kidcare Program. (Commissioner Berry) C. Appointment of member to the Parks and Recreation Advisory Board. D. Appointment of members to the Disaster Recovery Task Force. E. Road Capital Plan (Commissioner Constantine). 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to the Board of County Commissioners to approve the COPS Universal Hiring Program additional officer request. 2) Authorize emergency expenditure of funds for the purchase of fiber optics cable from Building "J" to Buildings "F", "CI" and "C2". B. PUBLIC COMMENT ON GENERAL TOPICS 4 February 8, 2000 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS Petition PUD-86-12(4), Blair A. Foley of Coastal Engineering Consultants, Inc., representing Transeastern Properties, Inc., Arthur Falcone, President, requesting an amendment to the "Bretonne Park" Planned Unit Development (PUD), for the purpose of increasing the building height of the multi-family buildings from three (3) stories to four (4) stories in Tract "J" of the Bretonne Park PUD that is located on the north side of Davis Boulevard (SR-84) and south side of Radio Road (CR-856) in Section 5, Township 50 South, Range 26 East, Collier County, Florida. 2) THIS ITEM WAS CONTINUED FROM THE JANUARY 25~ 2000 MEETING. Petition PUD-92-04(1), Rich ¥ovanovich of Goodlette, Coleman & Johnson, representing Bonita Bay Properties, Inc., requesting an amendment to the Golden Gate Health Park PUD having the effect of changing the name to Golden Gate Commerce Park, eliminating hospital and some medical center uses, adding retail commercial, office, hotel, assisted living facilities (ALF) and residential uses for property located on the northwest corner of C.R. 951 and access road #2 in Section 34, Township 49 South, Range 26 East, Collier County, Florida. 3) THIS ITEM WAS CONTINUED FROM THE JANUARY 11, 2000 MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover Planning, representing Gulf Sun Corporation, requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed use residential development not to exceed 628 dwelling units located '¼ mile south of Pine Ridge Road (C.R. 896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85 + acres. 4) THIS ITEM WAS CONTINUED FROM THE JANUARY 11, 2000 MEETING. Petition PUD-99-15 Michael Fernandez, AICP, of Planning Development, Inc., representing Dean Huff, Trustee, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Alexandria PUD for a maximum of 72 dwelling units for property located on the east side of the future Livingston Road Extension, south of Pine Ridge Road (C.R. 896) and north of Golden Gate Parkway (C.R. 886) in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 19.58 +/- acres. 5) THIS ITEM WAS CONTINUED FROM THE JANUARY 11, 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14~ 2000 MEETING. PUD-99-14, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Marian H. Gerace and Wallace L. Lewis, Jr., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Livingston Village for a maximum of 540 residential 5 February 8, 2000 dwelling units for property located east of the proposed Livingston Road, north of Wyndemere PUD, in Section 19, Township 49 South, Range 26 East, Collier County, Florida, consisting of 148.98 +/- acres. 6~ THIS ITEM WAS CONTINUED FROM THE JANUARY 11, 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14~ 2000 MEETING. Petition PUD-13, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Relleum, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Balmoral PUD for a maximum of 154 residential dwelling units for property located on the east side of the future Livingston Road, north of Golden Gate Parkway (C.R. 886) and south of Pine Ridge Road (C.R. 896), in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 39.58 +/- acres. 7) THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 22, 2000 MEETING. Petition PUD-99-16, Kevin McVicker, P.E. of Phoenix Planning and Engineering, Inc.~ representing Gulf Sun Development Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Whippoorwill Pines PUD for a maximum of 210 residential units for property located on the south side of Night Hawk Drive between Whippoorwill Pines PUD for a maximum of 210 residential units for property located on the south side of Night Hawk Drive between Whippoorwill Lane and Dog Ranch Road, 'A mile south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 29.54 +/- acres. C. OTHER 1) To adopt a Resolution approving amendments to the Fiscal Year 1999-00 Adopted Budget. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Petition V-99-26, James M. Boswell II representing 19 property owners requesting a 7.5 foot variance from the required 7.5 foot side yard setbacks established for boat docks on lots less than 60 foot wide to zero feet for boat docks on 19 different lots for properties located on 3rd Street West in Bonita Beach and are further described as Lots 3~4,5,6,7,8,9, and I0, Block H and Lots 4,5,9,10,11,12,14,17,18,19, and 20, Block G, Little Hickory Shores, Unit 3/Replat, Collier County, Florida. 2) Petition CU-99-22, David Carter of Downing-Frye Realty, Inc. representing William J. Fognini, requesting Conditional Use "1" of the "A/MHO" zoning district for earthmining 6 February 8, 2000 3) 4) 5) 6) per Section 2.2.2.3 for property located on Platt Road in Section 25, Township 47 South, Range 27 East, Collier County, Florida, consisting of 20+ acres. THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition CU-99-27, David H. Farmer of Coastal Engineering Consultants, Inc., representing Keystone Custom Homes, requesting Conditional Use "5" of the "RSF-3" zoning district for 157 cjuster housing units per Section 2.2.4.3 for property located approximately ¼ mile north of Immokalee Road and one mile east of U.S. 41, in Section 23, Township 48 South, Range 25 East, Collier County, Florida, consisting of 86.67 + acres. (COMPANION TO PETITION ST-99-03) THIS ITEM HAS BEEN DELETED. THIS ITEM WAS CONTINUED FROM THE JANUARY 25, 2000 MEETING AND IS FURTHER CONTINUED TO THE FEBRUARY 22~ 2000 MEETING. Petition A-99-04, Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing Kensington Park Master Association and the Yorktown Neighborhood Association, requesting an appeal of the determination of the Collier County Planning Commission on November 21, 1999, that the changes to the Carillon PUD Master Plan by adding new commercial building footprints were insubstantial. Petition CU-99-32, Gloria Godard representing Mike Walczuk requesting approval of a Conditional Use for a child care center to be located at 853 and 857 101st Avenue North in Naples Park. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 7 February8, 2000 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 100% waiver of impact fees for one house to be built by Jorge Z. Fuentes, 5346 Texas Avenue, Naples Manor Lakes, Collier County, Florida. 2) Authorization of a 100% waiver of impact fees for one house to be built by Denise E. Rivers at 5200 19th Avenue S.W. in Golden Gate, Collier County, Florida. 3) Authorization of 100% waiver of impact fees for eight very low income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. 4) Request to approve for recording the final plat of "Coral Falls Resort" 5) Request to approve for recording the final plat of"Strand Replat 4A" 6) Authorization of 100% waiver of impact fees for one very Iow income single family house to be built in the Seminole Subdivision in Immokalee, Collier County, by Habitat for Humanity of Collier County, Inc. 7) Authorization of 100% waiver of impact fees for two very low income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. 8) This item has been deleted. 9) Approval of a budget amendment to appropriate carry-forward funds to pay for professional services in the development of the Interim Government Services Fees Ordinance. ~o) Request to approve for recording the final plat of "Fiddler's Creek Phase 2A, Unit 2" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. B. PUBLIC WORKS 1) This item has been deleted. 2) Approve a temporary street closure on Bluebiil Avenue for the Cub Scout "Cubmobile" Derby. 8 February 8, 2000 3) 4) 5) 6) Approve Amendments to Professional Service Agreements to update our Water and Wastewater Master Plans, Projects 70005 and 73036. Approve A Budget Amendment to provide for repairs to the agricultural plastic burial cells at Immokalee Landfill. Request for speed limit reduction from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) on Airport-Pulling Road (CR 31) Trade Center Way northerly to Pelican Marsh Elementary School, a total distance of approximately 2.2 miles. Recommendation to approve Amendment to Professional Services Agreement for Master Pump Station 1.02, Contract 89-1506, Project 73924. 7) Award Bid #99-3011 - "SCRWFT Berm Maintenance." C. PUBLIC SERVICES 1) Direct staff to develop an ordinance amendment regarding the use of Tourist Development Taxes by area public museums. 2) Approval of the Reciprocal Borrowing Agreement and authorization for the Library Director to sign the agreement, enabling Collier County Public Library to participate in reciprocal borrowing with members of Southwest Florida Library Network (SWFLN). 3) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified County- owned property for conducting a July 4th Fireworks Festival. Do SUPPORT SERVICES 1) Approve the Form of a Standard Form Agreement for Special Services Between the Collier County Sheriff's Office and the Respective Department that may Request such Services. 2) Approval of a Memorandum of Understanding with Florida 1s' Health Plans, Inc. for the Administration of Group Health Run-Off Claims Processing. Approval of a Lease Agreement between Collier County and Congressman Porter Goss. Recommendation to Declare Certain County-Owned Property as Surplus and Authorize a Sale of the Surplus Property. 3) 4) 9 February8, 2000 COUNTY ADMINISTRATOR 1) Approval of Budget Amendment Report - Budget Amendment #00-120, #00- 128, #00-129, #00-130. Fo BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES 1) Purchase of one (1) medium duty advanced life support ambulance from American LaFrance Medicmaster Corporation using City of Jacksonville Bid SC-0384-98. 2) Request approval to waive the special event EMS stand-by services fee for the LPGA Subaru Memorial of Naples Golf Tournament. 3) Approve a budget amendment to allow for an expenditure of $14,400 from the GAC Land Trust to complete the design of an EMS and future Sheriff's Office Substation to be located within Golden Gate Estates. H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 93-01924-MMA, 99-0236MMA, 98-8648MMA, 98-9723MMA, 98-10256MMA, 99- 4172MMA, 99-7577MMA, 99-1416MMA,99-0531MMA,98-10963MMA, 99-0431MMA, 98- 10939MMA, 98-6291MMA, $2-1003CJ-A-21-CTC, 84-923C J-A-21, 84-925C J-A-21, 99- 2019MMA, 93-0122MI, 99-5163MMA, 99-953MMA, 99-3626MMA, 99-3479MMA, 99- 4248MMA, 98-11213MMA, 99-0128MMA, 88-3769-MMA and 90-1130-TM 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: I. OTHER CONSTITUTIONAL OFFICERS 1o February 8, 2000 J. COUNTY ATTORNEY K. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 22, 2000 MEETING. Petition CU-99-33, William L. Hoover, AICP, of Hoover Planning representing Richard and Jean Yahl and Teresa Yahl Fillmore, requesting Conditional Use "2" of the "A" zoning district for a sawmill, per Section 2.2.2.3., for property located on the south side of Washburn Avenue SW in Section 31, Township 49 South, Range 27 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 11 February S, 2000 AGENDA CHANGE LIST BOARD OF COUNTY COMMISSIONERS' MEETING FEBRUARY 8, 2000 ADD: ITEM 5(A)(4) - PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 12 - 19TM AS CAREER AND TECHNICAL EDUCATION WEEK. (COMMISSIONER CONSTANTINE). ADD: ITEM 9(A) -- RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT NOT TO EXCEED $12,000 TO PAY FOR AN EXPERT TO ASSIST IN THE PREPARATION AND EVALUATION OF PROPOSED NOISE ORDINANCE AMENDMENTS. (COUNTY ATTORNEY'S REQUEST). ADD: ITEM lO(F) - DISCUSSION OF POTENTIAL "FRAUD IN THE INDUCEMENT" RE: KINGS WAY CLOSURE (COMMISSIONER MA C'KIE). ADD: ITEM lO(G) - DISCUSSION OF HONORARY NAMING POLICIES AND RECONSIDERATION OF CO UR THO USE NAMING (COMMISSIONER CAR TER). CONTINUE TO 2/22/00 MEETING: ITEM 12(B)(2)- PETITION PUD 92-04(1) - AMENDMENT TO THE GOLDEN GATE HEALTH PARK PUD (PETITIONER'S REQUEST). CONTINUE TO 2/22/00 MEETING: ITEM 12(B)(4) - PETITION PUD-99-15 REQUESTING A REZONE FROM "A" RURAL TO PUD TO BE KNOWN AS ALEXANDRIA PUD - SOUTH SIDE OF PINE RIDGE ROAD AND NORTH OF GOLDEN GA TE PARKWAY. (PETITIONER'S REQUEST). NOTE: REQUEST ITEM lO(B) BE HEARD FIRST- APPROVAL OF SUPPORT LETTER FOR FLORIDA KIDCARE PROGRAM. ..... PROCLAMA TION WHEREAS, the Benevolent and Protective Order of Elks, Naples Lodge 112010, through its Constittttiotl is a P,.I TRIOTIC ORDER; and, WttEREAS, the Order pro.toted the ideals that the citizens of this nation live in freedom, won through the great sacrifice and many tribulations which have provided the foundation for a free, prosperous, and iadependent life; and, WHEREAS, we realize that each generation must work to maintain this freedom, otherwise, through carelessness or indifference, the rights and liberties enjoyed Ilia), vanish; and, WHEREAS, it is fitting and proper to recognize this freedom and to honor the nation which provides it. NO IV TflEREFORE, be it proclaimed by the Board of County Commissioners of Collier CounO~, Florida, that the weeg of February 21-27, 2000 be designated as NA TIONA L PA TRIO TISM WEEK and urge all citizens to join with the Benevolent and Protective Order of Elks, Naples Lodge #2010, itl e~xpressing gratitude for the privilege of American Citizenship with appropriate celebrations and observances. DONE AND ORDERED TItlS 8~n Da), of February, 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT}; FLORIDA ATTEST: DIITGHT E. BROCK, CLERK I'IMOTllY J. CONSTANTINE, CIIAIRMAN AGENDA ITEM No. FEB 0 8 2000 pg. I PROCLAMATION tVHEREAS, we acknowledge the potential attd importance of every student in Collier Coattty, Florida; attd, WHEREAS, we recognize the vital role of school counselors itt providing students with the educational attd social skills necessary to succeed in the classroom and throughout a l~fetime of learning; attd, WHEREAS, these accomplished and dedicated professionals seek to nurture the talents and accomplishments of each student by their insightful attd persevering efforts each day in the schools of Collier CotmO,; and, WHERE4S, the Syh,an Learning Center and the College of Education of Florida Gulf Coast UniversiO, are jointly sponsoring activities to honor school counselors on behalf of parents and the citizens of Collier CounO,. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week qf February 14-18, 2000 be designated as NATIONAL SCtlOOL COUNSELING WEEK IN COLLIER CO UNTY and urge the citizens, school officials, teachers, parent associations and stude.ts to join itt the events to express our mutual gratitude and hopes for the school counselors of Collier County. DONE AND ORDERED THIS 8tn Da), of Februar),, 2000. BO.4RD OF COUNTY CO~tL~IISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DHTGHT E. BROCK, CLERK TIMOTHY J. CONSTANTINE, CHAIRMAN AGE EM NO._ .... ,~'~ .. FEB 08 2000 PR OCL~4MA TION tCHEREAS, the Friends of the Libra;A, are an important part of the Pablic Library service to o.r community; at;d, WHEREAS, during the past six years, the Friends organization has donated in excess of $500,000. O0 to our Public Library; and, IVHEREAS, this money has been distributed to all library locations for all types of projects, including new lighting for the lmmokalee Library, auditorium chairs for the ~larco Librao,, the funding for the Festival of the Humanities, and many others; at;d, WHEREAS, the Friends have established the West IVing Art gallery, written and published a cookbook and constantly established numerous other fund raising activities; and, IJ,'HEREAS, the Friends have pledged $ l O0, O00. OO for the purchase of new books for the new headquarters building; and, WHEREAS, the Friends organization now contains 1,900 members; and, tVHEREAS, the quailO, of life in Collier CounO, would be greatly reduced without their presence. NO W THEREFORE, be it proc/aimed by the Board of CounO, Commissioners of Collier County, Florida, that extreme gratitude and appreciation is extended to the membership of the Friends of the Library for this successful partnership between the public and private sectors of our community. It is accepted by both that att investment in our public libraries is not only an investment in our future, but itt our present as well. We, the Board of County Commissioners do reaffirm our commitment to a high qualiO' public library by proclaiming the wee& of Februar), 13-19, 2000 as FRIENDS OF THE LIBRARY WEEK honoring those citizens who have given so much to Collier County. DONE AND ORDERED THIS 8TM Day of February, 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: TIMOTHY J. CONSTANTINE, CHAIRMAN DIITGHT E. BROCK, CLERK AGEND ,A ~ITEM No. ~ t FEB 08 2000 Pg. i - EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE JERRY THARP, OPERATOR COORDINATOR, WASTEWATER DEPARTMENT, AS EMPLOYEE OF THE FEBRUARY 2000. II, SAFETY MONTH FOR OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Jerry Tharp has been employed with Collier County since 1995. His position has been made a full time Safety Coordinator due to the complexity of the job and the never ending aspects of safety as they apply to the facility. Jerry has worked closely with the Risk Management Department to keep the facility in compliance with safety. Jerry has participated in the development of the Risk Management plan for hazardous chemical releases, primarily chlorine, as recently mandated by the United States Environmental Protection Agency. Jerry has also assisted the North Naples Fire Department in reviewing with them the Emergency Action Plan as it pertains to the Wastewater Department. Jerry is a member of the American Society of Safety Engineers and attends their monthly meetings to keep on top of the newest trends in the area of safety. A Certified Wastewater Operator, Jerry is always available to lend a hand when needed for the operation of the Wastewater Treatment Facility. Always willing to go that extra mile, Jerry has been selected as February's Employee of the Month. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Jerry Tharp, be recognized as the "Employee of the Month" for February 2000. ~ :U~ry.O~ ~(~x,,,~Crninistrative Secretary [ I ~Mikhael A. McNees, In{erim' 'County Adminis~ AGENDA ITEM / '" 2000 _J EXECUTIVE SUMMARY CONSIDER PETITION TM 95-02 FOR NEIGHBORHOOD TRAFFIC MANAGEMENT FOR ESTEY AVENUE AND SHADOWLAWN DRIVE. OBJECTIVE: That the Board evaluate and consider Petition TM 95-02 to allow for the installation of a traversable barrier/diagonal diverter at the intersection of Estey Avenue and Shadowlawn Drive. CONSIDERATIONS: The Neighborhood Traffic Management Program (NTMP) process requires a petition of at least 50% of the residents that live on the affected street. On March 31, 1997. a petition was received with 105 signatures requesting evaluation of Estey Avenue from Airport Road to Pine Street. The residents living on Estey Avenue (the affected street) from Airport Road to Pine Street have been determined by the Transportation Department to be the NTMP petition area. Signs were posted at the intersection of Estey and Shadowlawn notifying the neighborhood of the NTMP Workshop #1. In addition, the residents on Estey received a flyer notification. At the workshop, there were a number of residents from the Brookside area who requested to be part of the team. They were told that they could be part of the team, but would have no vote at Workshop #2 when a consensus was to be reached because they did not live on the affected street. It was their opinion that the high traffic volume and speeds did affect them. and they chose to serve on the traffic team. Workshops were held and a Neighborhood Traffic Team was organized in accordance v¢ith the Neighborhood Traffic Management Program (NTMP). Staff performed a number of traffic studies which indicated speed and volume issues exist. Staff. together with the Traffic Team, additionally performed a peak hour license plate study demonstrating that 78% of the vehicles traveling a portion of Estey Avenue consisted of cut-through traffic. The volume on this segment of road has reached levels of 9,500 cars per day. Since this cut-through problem is historic and driver behavior is difficult to change, the residents are requesting the installation of a diagonal diverter (Attachment 1 ) eliminating the through movement. At Workshop #2, a 100% neighborhood consensus was achieved favoring a diagonal diverter on Estey Avenue at Shadowlaxvn Drive. The proposed diverter will affect a number of people throughout the County that were not represented on the traffic team. However, the NTMP was set up for the people who live on the affected street. Letters of Objection (Attachment 2) to the application of this strategy have been received from the Sheriff's Office, Emergency Medical Services, and the East Naples Fire Control & Rescue District in terms of impacts to their response times. Additionally. emergency services personnel have concerns regarding the proliferation of these devices. In meeting with the Emergency Service providers and the Neighborhood Traffic team, a consensus was achieved on the installation of a traversable barrier/diagonal diverter. This application would return cut-through traffic to the arterial while allowing access to fire and emergency medical service vehicles. Upon Board approval of the traversable barrier/diagonal diverter concept, staff would proceed with a formal design. Construction costs are estimated at $9.200.00. Typically, the County and neighborhood share in the cost of traffic calming devices. However, in this instance, the neighborhood would like a waiver of their share of the cost as they feel that the previous design of Airport Road has greatly contributed to the cut-through traffic problem that now exists in their neighborhood. FISCAL IMPACT: The estimated $9,200.00 is available in the Road Construction Gas Tax Fund (313). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board evaluate and consider approval of Neighborhood Traffic Management Petition 95-02 to allow for the installation of a traversable barrier diagonal diverter at the intersection of Estey Avenue and Shadowlawn Drive. If the diverter is approved, also approve funding in the amount of $9,200. SUBMITTED BY: Gerald Morris, Project Manager I REVIEWED BY: APPROVED BY: DATE: DATE: Edw~ard J.,Kant, P.E.. Transportation Services Director ' DATE;..- Edward N. Fi~)n. Interim Public Works Administrator BROOKStDE DR Avg Date Volume Speed 5/13/99 1917 N 31.66 S 30.52 4/28/98 2385 30.36 2 - ESTEY AVE Avg Date Volume Speed 5/13/99 2994 E 36.33 W 38.65 4/28/98 2671 31.94 1/29/96 2955 32.91 3 - PINE ST Avg Date Volume Speed 5/13/99 1730 N 26.81 S 32.42 4/28/98 1365 I 31.63 7/22/97 1648I n/a 4 - ESTFY AVE Avg Date Volume Speed 5/13/99 3555 I E 31.46 ..... I W 34.64 8/98 3923 33.60 ~0/97 I 4937 33.97 5- SHADOWLAWN DR Avg Date Volume Speed 5/13~99 3669 N 29.62 S 33.80 4129198 4866 31.32 7/22/97 4606 n/a 4/10/97 5553 32.32 1/29/96 4715 32.05 6 - ESTEY AVE Avg Date Volume Speed 5/13/99 7703 W 26.07 E 26.47 4/28/98 7893 31.62 4/10/97 9434 33.72 1/24/96 8813 33.08 PROPOSED DIAGONAL DIVERTER FEB 0 8 20OO ATTACItMENT 1 P~ e2of 2 --Definition: A barrier placed across any portion of a street that is traversable by' bikes, pedestrians, in-line skaters, and emergency vehicles, but not by motor vehicles. Advantages Disadvantages · Reduces or eliminates cut through traffic. · May inconvenience residents gaining ac:ess to their prope.~ies. Depending on design may be subject to violation by unauthorized vehicles. Al:ered trafSc ?ahems may increase trip Evaluation Considerations Reduction Reduction Consumption Services Improvement [ Yes ISlight Increase Small [ncr'ease No Effect OFFICE OF THE CHIEF East Naples Fire Control and Rescue District 4798 Da~s Doulevard: Naples, FL 34104 Tel# (941) 774-7111' Fax # (941) 774-17S2 Ja_nuan; 10, 2000 ATTACHMENT NO._ PAGE I _ OF Gerald Morris, Project Manager Transportation Services Department RE: Estey Avenue Traffic CaLming Dear Mr. Morris' Regarding the temporar},' closure of Ester Avenue, please accept this letter as x~n-itten notification that F_,~st Naples fire Control and Rescue District does not Support this traffic'calming technique. We at East Naples Fire Control and Rescue District are ve~' concerned x~dth the time delays that may result should this project be approved. Please feel free to contact me at 77-~-7111 should you require any additional information. Sincerely, Robert Schank Fire Chief RS/mm~ Collier County Govt. Complex Bldg. - J 3301 TamiamiTrail East, Naples, FL 34112 r. .... _ '~"-'- ":': ~: ..?.I Telephone (AC 941) 774-4434 November 2, 1999 Mr. Russ Muller Engineer !! :~=nsDortation Services Desartment 1201E. Tamiami Trail Nas!es, FL 34112 RE: Barricading of Esley/Shaiowiewn Drive ==== Mr. Muller: ATTACHMENT NO PAGE ,P OF ~--'--"-- Reference i~ made to your memo cf Octob=r ~ 19~9 ~'=a'-=~tinc a ~ =~- '- = '¢ of No Objection for ~he urc~,osed barricaiing .of ~=y/Shadow~ ~ _ . . ins~eai I mu~ . _.=wn. t caRl_T1 honor you~ recues~ ~ enler my sursng objections le this .urojecl. ~ ~ = my b=~i~f that =uch a {1_. ...... :: no~ only wi disrupt ~he del~ very of =m= ~ensv ~ervi~=s I can ~.~_=~ ~ sa_~ ~ and dr~ver fruslrszion i~sues ~ nvolving channeling of ~rsffic on_~, = dead-end szreet with F.~ eve~ a cul-de-sac an Eke end. lan you imacine ~he unnc!d num~= nsurists alone that will he snared in tkis traT. P. uss, whan about the property owner~ == the end of Uhe streeu? There is nc _~=course for a diverted driver su~' ' - Yo Eurn arounc' in %heir driveway. ~ ~=~y, there mus~ be a better wa}' to correct ~his traffic 7rcbtem, if the problem is really ~hat severe. .s-i.~y, Collier County, FL DH: j ab Cc: Board of County Con,missioners Robert County Administrator FernandezT' H E F L O R i El, A S H E R I F F S Y O U T H W E -~-~ 1Jap p O R T ~ ~2"-,e for need}' a~d wo,Chy boys and g~rls AE~achmen~ C O L L [ E R C O U N T Y J R D E P U T WE SPONSOR C O L _ I E R C O U N T ~ E X P L O R E R morris_g From: Sent: To: Cc: Subject: page_j Monday, November 15, 1999 11:43 AM morris_g kant_e; Bathon d Traffic Calming-~or Coconut Creek And Fstey Ave. Dear Mr. Morris, Chief Flagg has asked that I respond to you in writing the EMS Department's position on both the Estey Avenue and Shadowlawn closure and the North Road closure. I want to make it crystal clear that our department is opposed to these closures and are concerned that there seems to be an increase in the number of request each time another is approved. Please feel free to call me if you should have any questions. My number is 774-8459. ipATTACHMENT NO. '-~ AGE ~ OF ~ Page I FEB 0 8 2009 EXECUTIVE SUMMARY Presentation of the Workforce Assessment Report Conducted by Florida Gulf Coast University OBJECTIVE: To present the results of the Workforce Assessment Organizational Survey. CONSIDERATION: In April, 1999 the BCC authorized staff to begin working with respresentatives of Florida Gulf Coast University and the University's Center for Leadership and Innovation to develop and implement an organizational survey, the Collier County Government Workforce Assessment. The assessment was conducted from July 15 to November 30, 1999. The assessment focused on three major areas: employee job satisfaction organizational leadership; and internal service delivery and organizational effectiveness. A summary of the findings and recommendations is presented in the attached executive summary. FISCAL IMPACT: The cost of the assessment was $29,700.00. Costs to implement recommendations will be determined after a thorough analysis by staff and discussions with the BCC. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the BCC accept the results of the organizational survey/assessment and authorize staff in each Division to develop and implement a corrective action plan addressing areas reported as needing improvement. SUBMITTED B~.~: ;~ J~' i~:~ ~;' ~' '- Date: /, (il- ?, APPROVED BY: I AGE NOg, ITEM No. ~,~ . .~ FEB - 8 2000 Pg. ~ Executive Summary EXECUTIVE SUMMARY The Collier County Government (CCG) Workforce Assessment was conducted from July 15 to November 30, 1999. The assessment was a comprehensive audit that employed both qualitative and quantitative methods. The assessment focused on three major areas: · employee job satisfaction; · organizational leadership and · internal service delivery and organizational effectiveness. The assessment was conducted in three distinct phases. These phases include: Job and organizational needs analysis: This analysis included three focus group sessions with a stratified random sample of CCG employees from three employee groups: a) technicians; b) clerical; and c) supervisors and first-level management. Quantitative employee job satisfaction, leadership, and service delivery analysis: This analysis included the completion of a comprehensive set of five questionnaires measuring employee job satisfaction, stress levels, internal organizational structure and issues, and select questions on need for childcare and work life balance issues, by a total sample of 658 CCG employees. Qualitative job satisfaction and organizational analysis: Personal in-depth interviews with randomly selected professional and managerial staff. AGE NOA ITEM NO. , FEB- 8 2000 Executive Summary The qualitative and quantitative design used in this study provided a strong methodological approach to analyzing CCG and allowed the project team to capture consistent themes throughout the study. Specifically, qualitative methods were used to identify significant strengths and weaknesses in the organization that go beyond employee satisfaction and to validate previous exercises in the project. Quantitative methods primarily employed instruments that have been tested psychometrically and have shown high reliability and validity. In addition, several of these instruments were standardized and CCG results were compared to standardized government norms. The key results of the study are summarized below: Strengths: The strengths of the organization can be found in many areas. The first and most obvious is the willingness of the leadership to undertake this study assessing its overall operations. Findings from the study reported a dedicated and committed workforce. Many of the staff stated that they are proud of working at CCG and are committed to serving their customers. This finding has been collaborated in annual external customer service studies (the annual telephone survey) conducted by Fraser & Mohlke Associates, Inc. using the League of Women Voters to poll a random sample of residents of Collier County. In addition, qualitative and quantitative data reported that staff are highly committed to their profession and demonstrate a sense of pride in the environme[~,~, organization. In addition, they are very satisfied with their work j ~o. I Executive Summary their working relationship with their co-workers and work groups. In addition, the findings reported that staff are generally satisfied with their immediate supervisor. Although the County Administrator has recently left, his style of management is regarded as highly participatory and employee centered. High satisfaction was also noted with training programs and communication of select policies and procedures; i.e., sexual harassment. In addition, qualitative data reported staff expressed satisfaction with technology and the use of e-mails. Weaknesses/Areas for Improvement: Although CCG has numerous strengths, it is not without its problems. Qualitative and quantitative findings noted deficiencies and high employee dissatisfaction in the area of pay and lack of career training and professional growth and development, workload, employee morale, and time pressures. Other notable areas include communication across divisions, minimum avenues for upward communication, organizational efficiency, spreading bureaucracy, timely decision making, leadership, supervisory practices, and lack of accountability. Also noted was management's relationship with the BOCC and their approach to managing the operations of the county. VIII Executive Summary Comparison to Government Norms: Two of the instruments used in the quantitative analysis, the Job Descriptive Index (JDI) and the Job in General (JIG) scales provided an opportunity to compare the findings of CCG staff to standardized responses of government employees taking the JDI and JIG. Generally CCG responses to the JDI were similar to standardized government norms with the JDI sub-scales of work environment, co-workers, and supervision. However, CCG satisfaction levels with the JDI sub-scales of pay and promotion were somewhat less than the standardized government norms. The CCG employee mean group score on the JIG were very similar to mean group scores on the JIG norms. Recommendations: Short and long-term goals to achieve recommendations were provided. The recommendations covered six major areas: · Pay and benefits · Organizational Efficiency and Internal Customer Service Leadership and Supervision · Work Standards, Accountability, and Job Design · Career Mobility and Training · Additional Recommendation Supporting Other Needs It is important to note that in several of the "recommendation" areas CCG is currently conducting active programs to address the topic. For example, pay and AGE NOA,, [TEN FEB - 8 2000 Executive Summary benefits was reported as a major area of concern in both the qualitative and quantitative survey. CCG has recently contracted Arthur Andersen Consulting to perform a Pay Plan Survey and a Classification Study through which recommendations for a competitive pay plan will be developed as well as internal classification and compensation equity. In addition, there is a standing benefits committee comprised of representatives from the County Administrator's Agency and each Constitutional Officer Agency that provides a communication link 'regarding the County's benefit programs. Collier County and CCG are experiencing tremendous growth and an expansion of their services. The stress of this transition is reflected in the findings of the study. Although CCG has a number of strengths, it also has several areas of deficiencies or areas for improvement. CCG has the ability to correct current deficiencies within the organization. However, this will require a consolidated effort by management and the BOCC to work collaboratively together to address these issues and make the necessary changes in the organization to respond to the changing needs of the community and its staff. FEB ' 2000 . EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT NOT TO EXCEED $12,000 TO PAY FOR AN EXPERT TO ASSIST IN THE PREPARATION AND EVALUTION OF PROPOSED NOISE ORDINANCE AMENDMENTS. OBJECTIVE: For the Board to approve the hiring of an expert regarding Noise Ordinance amendments and to waive the Purchasing Policy under the public interest exception. CONSIDERATIONS: The Board previously authorized staff and the County Attorney's Office to bring back for Board consideration proposed changes / improvements to the existing Noise Ordinance, Ordinance No. 90-17, as amended. The County Attorney's Office has reviewed the ordinance and met with interested citizens and conferred with staff and has prepared draft amendments which will be advertised for the Board public hearing date of March 14, 2000. The Office of the County Attorney believes that evaluation and review of the proposed standards as well as site specific testing by an expert will help insure the technical efficacy and defensibility of the amendments. The noise testing expert that the County has located, (Midwest Environmental Assistants Center), is uniquely qualified as being a contributor to the Model Community Noise Control Ordinance promulgated by the Environmental Protection Agency which is the basis for most of the proposed amendments. This expert, who resides in Cape Coral, can perform in the desired time-frame and has all the technical equipment needed for the different measurements. For these reasons it is believed to be in the public interest to waive the competitive selection requirements of the Purchasing Policy FISCAL IMPACT: Fiscal impact is estimated not to exceed $12,000. Funds are available in general funds reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve a budget amendment not to exceed $12,000 to hire an expert to evaluate and support proposed Noise Ordinance amendments. That the Board also waive the competitive selection requirements of the Purchasing Policy as being in the public interest due to the unique attributes of this particular expert in this specific context. Respectfully submitted by: David C. Weigel, County t~rney H:dda/executive summaries/2000/noise ex'peri Date: AGENDA ITEM ' FEB / 8 2000 OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on April 21, 2002 and April 21, 2003 on the Tourist Development Council. CONSIDERATIONS: This 9 member council was established by Ordinance No. 92-18 as an advisory' committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry, who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. There are currently 2 vacancies due to the resignation of William A. Hall and Jerry Thirion. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Jerry Thirion. Jr. owner/operator Charles L. Castiglia~,withdrew Kevin M. Durkin owner/operator Tuckx P. Ramse.x not qualified 2 yes none moved to California 1 yes none 2 yes n"a COMMITTEE RECOMMENDATION: Jerry Thirion. Jr. - expiring April 21,2003 Kevin M. Durkin - expiring April 21, 2002 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to fulfill the remainder of vacant terms and direcl the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of Count>' Commissioners Agenda Date: FEBRUARY 8, 2000 A~ ITF. M~ .o. / Tourist Development Council :Vame Liana M. Buvsse 989 Aqua Circle Naples. FL 34102 District: 4 Categou': Non-Ov,'ner/Operator 348 Flamingo Drive 4'5\'-~ t Naples. FL 34108 District: 2 Categoo': Owner/Operator ;g~rl~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 261-6522 04/21/92 04/21/94 2 Years 2/24/98 04/21/02 4 Years 598-3300 02/24,/98 04/21/02 4 Years 434-9230 1'24 98 04 '21 c)C) Gene Vaccaro 700 7th Street. S.\V. Naples. FL 34117 District: 5 (-ate.~,oO': non-Oxxner'Operator Di.wricr: 2 Years 11/03/98 04,21'99 6 months 774-0000 3/23;99 04/21/03 4 Years John J. Douzhenx _~toO South Collier Blvd. Marco Isled, FL 34145 District: 1 Categoo': Owner' Operator 597-3232 04'1895 0421 Oq 4 Tears x 23 9q 04 £1 03 4 Tears P.O. Box ii(; Ever-lad,'* City. FL 3413c) District: 5 Categ, ocv: Xlunicipal Official 2~a4_50C0 03 1' qO 0421'00 4 'fears Ea2-7071 695-3781 ,.._4 8 04,21 00 3 Tears I'~,~. Tourist Development Council Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd Term Bill Barnett 735 Eighth Street South Naples. FL 34102 District: 4 Categoo': Municipal Officer 434-4601 02/21/96 04/21/00 4 Years 330t E. Tamiami Trail Naples. FL 34112 District: 4 CategorT: BC C Chairwoman 7744392 01/12,/99 01/04/00 1 Year Kent Stanner 5 \Vildwood Lane DL~rric[: z Categor)': Ad H:,c Advisor 649-5098 02.23 99 04 21 03 4 Years Th~s 9 member oouno:l was created on March 23. 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special pro!ects or uses of the tourist deve!cpment tax revenues, and to review all expenditures of revenues from the tourist ceve~cpment trust fund Membership consist of the Cha~rman of the BCC, 3owner/operators, 3 ~.:~-c':mer/c~erators and 2 e!ected municipal officials Terms are 4 years fLSTti. -_:: Staff: Gre~ L'itnalc HLil ~ filson s From: eichhorn_j Sent: Wednesday, January 26, 2000 3:13 PM To: filson s Subject: TDC ~,pplications Sue, The TDC has recommended Jerry Thirion and Kevin Durkin to fill the vacancies on the TDC. did not meet the qualifications. Thanks for all you help. jane :-) Tucky P. Ramsey Page 1 AGEND Pg' MEMORANDUM DATE' January 10, 2000 TO: FROM: Vinell Hills, Elections Office ~. ,/-)//~ Sue Filson, Administrative Assist Board of Count5' 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 b .... are re~oistered voters in Collier Countv. list the commission district in which each applicant resides. TOURIST DEVELOPMENT COL~CIL COMMISSION DISTRICT Jerry Thirion. Jr. 7524 San Miguel Way Naples. FL 34109 MEMORANDUM DATE: November 23, 1999 3EC TO: Vinell Hills, Elections Office FROM: Sue Filson. Administrative Assist 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 advisoD' committees. Please let me 'knoxv if those listed Ve!:.,x~ are registered voters in Collier Count}'. ..: 71ca>=~ list thc commission district in vd~ich each applicant resides. TOURIST DEVELOPMENT COI_~CIL Cimck Casfig]ia ] ] ] Bristol Lane .Naples. Fi 34]02 COMMISSION DISTRICT DATE: TO: FROM: MEMORANDUM November v') 1999 Vinell Hills, Elections Office Sue Filson, .Administrative Assistant.~ Board of County Commissioners Voter Registration - Advisory' Board Appointments The Board of Counb' Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me knox~ if those listed b-:c-i.,,,., are registered voters in Collier Counw. list the commission district in xvhich each applicant resides. TOURIST DEVELOPMENT COL,'.,%'CIL COMMISSION DISTRICT Kevin M. Durkin l 01 Debron Drive Naples. FL 34112 Thank you for your help. NO. ~ FE3 3 8 To filson s Date 01/27/2000 Time 12:16pm ~Vhile You Were Out From Chuck Castiglia Of Phone Telephoned Message No longer interested in the Tourism Alliance Council - moved to CA e-mail Ccastiglia'5~msn.com if necessary Operator Frye s C c. z r, r g:-: ~ 9~ I-~ 97 - Cahente International ^C, END~A~ F E3 0 t~ 2~00 Pit.- ~:¢ - MEMORANDUM DATE: TO: FROM: January. 10, 2000 Greg Mihalic, HUI Director /7/) Sue Filson. Administrative Assist~t~ Board of CounU, Commissioners ",.~/ ' Tourist Development Council As you know, we currently have vacancies on the above-referenced advisor}., 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 revie'~' as follows: 7524 San Miguel \Vax Naples. FL 34109 Please let me knox',', in '.witing, the recommendation for appointment of the advisoD' commit-tee 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. 'J'i~artk you lbr your attention to this matter. SF Attachments Ms. Sue Filson Assistant to the Commissioners The County of Collier 3301 Tamiami Trail East Naples, FL 34112 Dear IVls. Filson: E., t?~is letter I am indicating my interest to serve on the Tourist Development Council (TDC). I understand that there presently is an open position for a person who is affiliated with a facility that collects tourist tax. Before the end of January 2000, I will assume the position of Managing Director of the LaPlaya Beach Resort. Hopefully this position, along with my past experience on the TDC and the enclosed resume, should qualify me for consideration to serve on the council. Thank you for your assistance. /C~dially, ~~ely Thirion Enclosures '.524 Telcphonc· ¢941~ 594-3966 iEax · t941~ 777-1922 Cellular FEB JERRY THIRION, JR., CHA 7524 San Miguel Way Naples, Florida 34109 (941) 594-1524 · EMPLOYMENT HISTORY · December 1997 to Present - Florida Panthers Holdings, Inc. - Ft. Lauderdale, Florida September 1989 to December 1997 - The Registry Hotel Company - Dallas, Texas March 1993 to Present - Senior Vice President/Managing Director, The Registry Resort, Naples, Florida. A Four-Diamond 474 room resort on 18 acres. Amenities include: 15 Har-tru tennis courts, health club, 3 heated pools. Three on site restaurants; an all day dining room, a se3food specialD, restaurant, and a Four-Diamond gourmet dining room. Conference meeting space of 38. 152 square feet. Annual revenues of 48 million dollars and occupancy of 74%. See attachment for summary of industry' recognition. September 1989 to March 1993 - General Manager, The Don CeSar, A Registry Resort, St. Petersburg Beach, Florida A 277 room, Four-Star, Four-Diamond beach resort with three restaurants: a seafood specialty all day dining restaurant, a Four-Star gourmet room and a restaurant featuring food themes and menu variations. Amenities include' tennis courts, a full service health club and sxvimming pools. Yearly occupancy of 80% with revenues of twenty (20) million dollars. Januau 1987 to September 1989 - General Manager, The Melrose Company, Hilton Head Island, South Carolina - The Melrose Resort, Daufuskie Island, South Carolina A 700 acre property, Melrose was a private national country club and full service resort. It consists of a 52 suite inn. 56 four bedroom cottages and 380 homesites. There is a 180 seat main dining room supported by a beach club with a 75 seat restaurant and a golf and tennis clubhouse with a seating capacity of 125. Amenities include: 27 holes of golf, 8 tennis courts, equestrian program, 2 pools and 2 marinas. June 1982 to November 1986 - Stouffer Hotels, Solon, Ohio Ma)' 1986 to November 1986 - General Manager, The Waverly, A Stouffer Hotel, Atlanta, Georgia T,,tal responsibility of the entire operation of this 533 room luxury, Four-Star hotel including thc 5 f,,,,d and beverage outlets, 24 hour room service and full service health club facility RESUME OF JERRY THIRION, JR., CHA Page 2 with 2 racquetball courts, and 2 pools. This hotel generated revenues in excess of 23 million dollars. Catering facilities to accommodate 1,800 people with multiple break out rooms in addition to a grand ballroom. June 1982 to May 1986 - General Manager, Stouffer Pine Isle Resort, Lake Lanier Islands, Georgia (near Atlanta) Complete authority and responsibility for this 250 room, Four-Star resort located on Lake Lanier. Also responsible for 4 food and beverage outlets, 7 tennis courts, an 18 hole golf course and a 19 slip marina, health club facilities, 2 pools and a full time children's activity program. Gross revenues exceeded 14 million dollars. .~pril 1971 to June 1982 - The Colony Beach & Tennis Resort, Longboat Key, Florida April 1971 to June 1972 - Director of Housekeeping & Engineering June 1972 to February 1974 - Director of Food & Beverage February 1974 to April 1976 - Director of Sales & Marketing April 1976 to January 1980 - General Manager January 1980 to June 1982 - President As President, controlled the operation with the General Manager reporting to me and was the contact between the General Manager of the resort and 232 limited partners. As General Manager, was responsible for the entire complex of 232 suites located on the Gulf of Mexico, including a major tennis operation of clinics, tennis schools and private lessons conducted on 21 courts The resort was the home of the United States Professional Tennis Association. *NOTE: The Colony was a completely reconstructed project during my employment term. Existing accommodations were demolished and suites were erected. I was involved with this project from planning to development to interfacing with the contractor. RESUME OF JERRY THIRION, JR., CHA Page .3 National Local · AFFILIATIONS AND ORGANIZATIONS · Certified Hotel Administrator (C.H.A.), 1986-Present American Hotel and Motel Association - Resort Committee - 1997 - 1998 - 1999 Southern Innkeepers Association · Chairman of the Board, 1988 - 1989 · President, 1986- 1987, 1987- 1988 · State Vice President, 1985 - 1999 Chaine des Rotisseurs · Officer - Bailli - Naples, Florida, 1999 - 2002 Florida Hotel & Motel Association · Chairman. 1998- 1999 · Chairman-elect- 1997- 1998 · Treasurer - 1996 - 1997 · SecretaD', 1995 - 1996 · Board of Directors. 1993 - 1999 Naples Visitors Bureau - Member Naples Chamber of Commerce - Board of Directors, 1995 - 1996, Vice President 1996 - 1997 Tourist Development Council - member United Way of Collier Count)' - Board of Directors Leadership Collier - Class of '98 Visit Naples, Inc. - Board of Directors ~, L~vU Pg' //3 ! The Conservancy of Southwest Florida - Board of Directors, Executive Committee 1997 - 1998 RESUME OF JERRY THIRION, JR., CHA Page 4 AWARDS AND INDUSTRY RECOGNITION 1989- 1999 TRANSIENT MARKET · · · · · Zagat Survey' · Mobil Travel Guide's Four-Star Award American Automobile Association's Four-Diamond Award Conde Nast Traveler Reader's Choice Awards · The GOLD List: The Top 500 Resorts On The Planet · Top 50 U.S. Mainland Resort · #19 on the "Top 100 Reader's Choice Awards" · #8 on the "Top 20 Mainland Resorts" · #12 on the "Top 100 World Travel Experiences" #4 on the "Top 100 Mainland Resorts" "Top 36 World Travel Experiences" "Top 13 Mainland Resorts" Frommer's America on Wheels Four-Flag Rating The Official Hotel Guide's Deluxe Rating Top 10 Resorts in Florida Top 100 Resorts in U.S.A. Tennis magazine's 50 Greatest U.S. Tennis Resorts Tennis magazine's 11 "Lap Of Luxury" Resorts Racquet magazine's Top 100 Resorts in the World GROLT MARKET · C,,~?,,r:;;~ ).lec;;?zg~ & Incentives magazine's Golden Links · Successful :'~lec:in~5 magazine's Pinnacle Award · Meetings & Conventions magazine's Gold Key Award · Cot?orate & bwentive Travel magazine's Award of Excellence · Corporate & Incentix'e Travel magazine's The Greens of Distinction Award · Insurance Conference Planner's Prenfium Circle Award · MeetingNews magazine's Planner's Choice Award · Medical Meetings magazine's Merit & Distinction Award · Cc,~?c,'ate Meetings & Incentives magazine's Paragon Award FOOD & BEVERAGE Distinguished Restaurants of North America's DiRoNA Award of Excellence Meetme.! & Conventions magazine's Gold Platter Award Amcric an Automobile Ass(,ciation' s Four-Diamond Award Florid.d D-c/~/ magazine · Top 200 Restaurants · Golden Spoon Award · Top 100 Restaurants Wine Spectator's Award of Excellence ! -- MEMORANDUM DATE: TO: FROM: November 23, 1999 Greg Mihalic, HUI Director Tourist Development 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 },our review as follows: Ch::c:~: <i astiglia 111 Bristol Lane Naples, FL 34102 Please let me 'know, in wTiting, 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 an}, questions, please call me at 774-8097. .ri~ank you for your attention to this matter. SF Attachments ?~ov L~2 99 04:44a Tamera Matthews 941-403-49B2 0 p.1 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Fflson. Please accept this letter as my application to serve on the Tourist Development Council. 1 am currently the General Manager of the Staybridge Suites by Holiday Inn which just recently opened. I have attached my resume, which includes my prior experience. I uader~and that thi~ is a volunteer position but am interested in participating in the process and distn'bution of the tourist development tax collections, I am a resident of Collier County and an operator ora lodgin~ e~tablishment. My home addres is: I 11 Bristol Lane, Naples, FL 34102. Thank you for your consideration of my application. Please do not hesitate to contact me if you have any questions. S~c~ely, Chuck Castiglia General Manager ='-, ~2 99 04:44a Tamepa Matthe.s 941-403-49S2 p.2 CHUCK CASTIGLIA, CHA 11] Bristol Lane, Naples, FL 34102 (941) 417-8095 Qualifications for HOTEL MANAGEMENT PROFILE · A goal-oriented professional with over 15 years of successthl hotel management experience. · Experienced in the opening of six new hotels and two casino hotels. · A hard-working, dedicated team player that consistently strives to be the best and does not shy away fi.om challenges. AREAS OF EXPERTISE -:- Markeung Strategies · :. Hotel Operations · ~- Training & Development · :- Guest Relations · :. Depamnent Management ':'P&L Responsibility + Food & Beverage Cost & Controls Results Oriented Personnel Supervision Maximize Revenues Yield & Reservation Management Budget Management Start-Up Operations Quality Commitment to Excellence PROFESSIO'~ ~.L BACKGROUND THE NAPLES BEACH HOTEL & GOLF CLUB, Naples, FL March 1997 to April 1999 Director of Room Division Responsible for 318 Guest Rooms spread over 125 acres along I mile ofbeachfront property. 18 Hole PGA Championship Golf Course with Tennis Center, 3 Restaurants, Snack Bar, Deli. Direct Front Offi ce, Reservation, Housekeeping, Laundry, Security, Resort Activities, Maintenance, Retail Outlets, Concierge · Oversaw the UlS~rade ofH.I.S. A-S 400 property management system. · Developed benchmarks in all areas of operations to enhance and increase Guest Service level. · Increased room revenue by $1,184,773.00 and room revenue to $11,823,500. Increased A.D.R. by $2.03. · Achieved a Room Departmental Profit of 78.9%. · Increased incentive market, travel agent market and wholesale markets with key travel agent pm~ram. · De~ eloped all 19c~-98 - 1998-99 budgets and marketing plan for resort. · Reduced ~tln~,.~x~r in ail arcas. Continued ... Mov 22 99 04:44a Tamera Matthees 941-403-4962 p.3 CHUCK CASTIGLIA, page 2 WALTDISNEY WORLD SWAN RESORT, Lake Buena Vista, FL July i996 - March 1997 Assistant Director of Property Maintenance & ltousekeeping & Laundry/Valet/FRONT OFFICE Responsible for 758 Guest Rooms, 3 Restaurants, 1 Lounge and over 60,000 square feet of Meeting Space. Directed a staff of over 250 Cast Members and 10 Housekeeping Management Staff. Developed 1997 Plan which consisted ofa 3 million dollar budget. Developed Weekly Staff Planning, Productivity Reports for Staff, 90 Day Labor Forecast and Operating Supply. · Increased Guest Service Index Source by 5% in Property Maintenance & Housekeeping. · Incrcased Room Production to 16.5 Rooms per Room Attendant Reduced cost by $22,000 Year To Date in Operation Supply with a High to Occupancy Level of 83.5% YTD from 80% in 1995. ,, Developed Training Programs within Department which lowered the turnover rate by 5%. Lowered cost in Laundry with an increase in Poundage and Occupancy. · Worked with Project Manager on Renovation of Hotel Guest Rooms. ,%3.~t.4Z~.q i¥.¥. Burlin~on, IA June 1995- July 1996 (Hotel Sold) General Manager Responsible ,%r 226 Guest Rooms, 2 Restaurants, 1 kounge, and Banquet Facilities for up to 1300 people in 8,000 square feet of banquet space. Directed all areas of the hotel, including daily restaurant, and banquet functions; developed budget for 1996; generated labor repons; forcasted and revised budget based on staffing needs; worked on local area committee to enhance hotel presence within the community; prepared food and beverage reports; analyzed costs; provided customer service. · Increased revenue by $400,000 for 1996 by cultivating markets that were not tapped. · Created ney,' banquet and restaurant menu. Generated a profit of 67%. · Lov, crcd food costs to 33%. · D~",'ei~ped and implemented cost controls in all areas, which reduced costs by 30%. L,L. GAMING CORPOR.4TIO~5; Las Vegas, NV/Tunica & Lula, MS 1994- June 1995 Director of Hotel Operation - Hotel Manager Worked with thc project manager and construction company in the opening of a hotel and casino in Mississippi. Hired and trained all hotel department heads and implemented all staff guidelines and job responsibilities. Developed budgets, implemented cost controls and established all contracts trbr the hotel. Directed all hotel operation staff including maintenance, landscape, laundry, housekeeping, transportation, telecommunications, and front office. · \~,as involved in opening two hotels and one casino within five months. · Created and implemented training progrmn which reduced turnover. · Developed a marketing strategy to increase occupancy. Continued ... m ~'ov 22 99 04:45a Tamera Matthess 941-403-4962 CHUCK CASTIGLIA, page 3 BARCELONA COURT SUITE HOTEL & HILTON, Albuquerque, NM 1991 - 1994 Director of Hotel Operation - General Manager Directed all phases of hotel operations including sales, housekeeping, front offices, laundry, food and beverage. Developed staffing and training guidelines for new and established employees. Developed and implemented yearly marketing and budget plans. Oversaw the renovation of 178 hotel guest rooms. Maintained full responsibility for the operations of housekeeping, front office, bell staff, and laundry. Also hired and trained hotel support staff. Increased revenue $450,000 in first year. · Increased avcrage daily rate S2.86. · Reduced turnover 7%. · Increased occupancy 9% and ADR 4%. · Implemented cross training programs, which increased hotel efficiency. · Reduced turnover 5% by implernenting new employee training pro,ams. i?i: 5>]£,~..J TON. Hartford, CT/Tulsa, OI, UParsippany, NJ 1985 - 1991 Director of Operations, Front Office Manager, Executive Housekeeping Manager Implemented Yield Management; oversaw front office and reservation staff; developed budget, provided customer service; maintained high quality of cleanliness in all rooms, and monitored labor costs. · Increased ADR by $2.10 by implementing yield management and upselling at the front desk and in reservations. · Ranked in the top 5% in quality of cleanliness and guest satisfaction. · Lowered turnover by 5% by developing new hire training program. :? >iO/E£ CdR?O/Lq TION, Chicago. IL,q3uffalo, NY/Cherry Hill, NJ 1979 - 1985 Executbe Ilousekecping Manager/Front Office Supervisor,~iana~ement Trainee Opened three hotels in housekeeping: hired and trained all housekeeping personnel; maintained cleaning supplies: developed staffing levels and standard operation: and implemented training program. EDUCATION Thorton College - Florida Southern College Bachelor of Arts in Business Management; 1980 Professional Development: ITl- Sheraton Management Development, Room Merchandising, Rcse~'ation & Yield Management, Personal Development, Dale Carnegie, ITT Sheraton Guest Satisthction Leader, Certified Hospitality Ma:~age~t~,/MTF,~-'"] through American Ho~cl & Mt~tcl Association Institute of Management Development and Institute of Business 35 Hours in Leadership Essentials WILLING TO TRAVEL/RELOCATE <> REFERENCES FURNISHED UPON REQUEST lq MEMORANDUM DATE: TO: FROM: RE: November 22, 1999 Greg Mihalic, HUI Director _ ~ Sue Filson. Administrative Assistant/,]'.-' Board of CounW Commissioners <--" ' Tourist Development Council As you know, we currently have vacancies on the above-referenced advisory coma'nittee. A press release was issued requesting citizens interested in ser~'ing on this committee to submit a resume for o,n~:J-crmion. I have attached the resumes received tbr your review as follows: ke'.:n ',i Durkin 101 Debron Drive Naples. FL 34112 ~5.Tucky P. Ramsev 7515 Pelican Bay Boulevard, #1F Naples. FL 34108 Please Ic'~ mc knoxx, in ~Titing. the recommendation for appointment of the advisory committee ,., ~tS~. t!:~. 4 i da~ time-frame, and I will prepare an executive summar-,' Ibr the Board's c~,:;~-iJcr:::i~,:', Please categorize the applicants in areas of expertise, lfx ou have any questions, please ca!! mc a! --4-8~)07. Thank you for your attention to this matter. SF .Attac}'m~ents A A.rrr t~j~l) 4.1~- 1oZo LoC,lzecI only mmme, s ti'om the ~alJIl~. be. ac~e~ ot ~ ~ ol M~i~ & ~e U~e ~apmn: & Reson w~ a full ~,.f of ~~ i ~~u Wr ~1. ~ly 30 mmm~ from ~e mA~u ud ~hle teie~ ~e R~ ~ l~d~ ~ ~ ~monshio ~olf ~u~e on our T~ ~e~d'~ fl~[ & S~ M~ A ~ f~l~ ~ ~o a~l~le. TRANSMISSION C01/1~ DATE: F~,LX : MESSAGE: Pg. NLI~ OF PAGES INC'll,lDING C01/J~ SH]~'T': IFYOUOO NOTRECJ~/E~~PA~ , P~ C_.,A! I 1'800-=77-00T7 OR 947.J~,5-1 01 [ KXI .lllq¥'.lO B~Of .e-et TI'6 I ]7¥':I 6~:].l I~1 66,'87,'*':': November 19, 1999 Please fred attached a brief synopsis of my current Tourism Related Employment and Professional Assoc;,arions; for consideration to r. he Collier County Board of Commissioners, for the Tour~m DeveJopmem Council, If you should require any further kfformation or have any quesfiom, please do not hesitate to call my office at 941-455-1010. Thank you and the County Commi~-sionc:rs in advance for you considerations, Yours mZy. . , Durkm, C.H.A Vice President/Hotels Operations zoo~ NNI .kLI~V~O 9COt ~gt 1~6 T X'v'~ 6C:ZI Dial 4100 Golci~u (],,to Pkwy,, N,,plgs, FL 3a116 November 19, 1999 To: Ms, Sue Fllson From: Kevin M. Durki=, C.H.A. Re: Submission of Professional Criteria for Consideration to the Tourism Deveicrpmem Council. Kevm M Durkin, C.H.A. 101 Dior'on Drive Naples, FL 34112 941-793-4166 941-793-a195 Empioymer~'.: Vice President Resort/Hotel Operations (June 88' to Present) Quality Inn & Suita~ Croft Resort - N~les Comfor~ L,~n ge SUates - Naples Best Weste..m Naples Plaza Hotel - Naples Current Affilia~ons: President - Naples Area Hotel & Motel Association Member of the Board of Directors of the Tourism Alliance of Collier County Member of ~he Intemar/onaJ Operators Council for Choice HoteLs Inmmational. Regional Advisory Board. Past Chain'nan of Region I - Florida/Caribbean - Choice Hotels l. nt'L Past 3 Yeats Memb~ Tourism Development Council - Collier Count Cort~rm~e 4100 Oolc~n Oar' Pk~m~y. N~:fl,s. Fl. 34116 ~ ~k( ~ G~t- was elected to the Presidency of the Naples Area Hotel Motel A~,~. April's Board of Directors meedng. Durkm has twemy-five yea. rs experience in ho~pitaliL'y operations, ~cluding Iine positions, management and multi- propo_,'ty operations. Dutk~ ks currently thc Vice PresidenI of Resort & Hotel operations for the QualCy Inn & Suites Ooff Resort, Comfort Inn & Suites and the newly consrruc~xt Be~ We.stm-n Naples Plaza Hotel, all m N aple.~. Dm'k_m taas been active in ho~el msociadom for ov~ ~ ye~, s~mg m ~id~t of ~e St A'a~e,~ Jo~'s Co~ ~dg~g ~s~on ~d it's ~ of Dk~to~, A bo~ mem~r of ~e fo~ N~i~ ~ea Accomm~afio~ A~n. ~ se~ a ~ ye~ ~ on ~e ~ Co~ To~t ~velopm~l Co~ He ~y ~ on ~e ~ufive ~ of V~ Napl~, ~c., Regmn~ Ad~o~ ~d for Choice Hom~ ~a~on~ md ~ prat ~~ for ~e Re,on of ~e ~on~ ~~ ~ of ~o~ Hot~, s~ on ~e Nafion~ M~ Co~. Du.qcin was certified as a Hotel Administrator in May of 1984 by the Educational Institute of the American Hotel Motel Association. DurkLn azended Manchester. Community College and Western Connecticut State University m Connecticut. Bc,Ja D~r:~an and h~ ~,5_fe Linda reside in Naples. ~00 ~ KXI .*~t. I2¥fl0 9C0t ggt ItG I XVd $g:£I It:I.:I Hov 17 99 10:59a Tuckw Ramsew 9~)-592-7313 RECEIVED TUCKY P. RAMSEY NOV I 7 !~(:~ 7515 PELICAN BAY BOULEVARD, #1F .... NAPLES, FLORIDA 34108 (941) 514-1599 · (941) 592-7313 Fax~0arc Of ~oun: :,;'~.. ~,.,,~ November 17, 1999 Mrs. Sue Filson AdministFative Assistant, Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Sue. Jim Cgrter made mo aware of the vacancies available on the advisory I am stJDm~ff~r3g my resume and wish to be considered for the Tourist Development Councit. You will note on the second page of my resume that I spent thideen years Uqvofv~ in i'r~e tourism and hospitality industries in Maryland. I served on the Board of Hotel and Sales Management A.~.~nniatinn and worked with the hotels to solidt convention business to Maryland. I created Special Events to attract visitors from the United States as welt as internationally to promote the State of Maryland. I be- lieve that I would be an asset to the Council. I sold my company in 1995 when I moved te Naples Than~ YOU for yodr attention. ' ',, A C-. -. -. -. -. -. -. -. -~ D ~ ~ F E3 ~3 ~ 2000 ;'~ i? ~9 ll:OOa Tuck~ Ramse~ ~41-592-7313 TUCKY P. RAMSEY 7515 Pelican Bay Boulevard. #1 F Naplcs~ Horicl~ 34108 (941) 514-1599 Fox: (941) 592-73t3 E-Mail: >___=___2 - ,'_.. Objective: Curriculum Vitae To participate in the community utilizing skills previously demonstrated in the community from which I came to meet the challenges and concerns of Collier County IO75 1975 Professional Experience: 1970-78 ]972-78 1973 1978 t978 1~7~-8o Loyola College, Baltimore, Maryland BA. Cum Laude Recipient: Education Medal Loyola College, Baltimore, Maryland M.Ed. Special Education and Program Administration Johns Hopkins University C.A S.E. Certificate of Advanced Study in Education Executive Director, The Orton Society A national organization devoted to the studx and treatment of' learning disabilities Consultan~ t~ School Systems and Parent Groups throughout the U S Diagnostician and Remedial Specialist Founded and opened the Jemicy School. a day school for dyslexic and learning disabled students. Founded and opened the Hannah More School, a residential and day facility for emotionally handicapped adolescents. Candidate,House of Delegates, State of Maryland Polled 4th in a field of 9 for 3 ~eats. Director, Office for Children and Youth, State of MaD'land O'a.~er. Tar~jibar. a craft ~alleD, wov i? 99 ll:OOa Tuck~ Ramse~ 9~1-592-7313 p.3 982-95 Founder and CEO, PRESENTING BALTIMORE. INC., a destination management company, providing a fi~ll range of meeting planning and special event services to local and national corporations and associations convening in the Baltimore. Annapolis and Washington. D.C. area. Community Involvement: 1958-70 Board. Big Brothers & Sisters of'Baltimore 1960-64 1962-70 1962-69 196o-71 19'5-77 lo74-8~ 1988-90 1984-99 199!-95 1996-99 t990-99 loo8-00 1000-presem 1099-presem 1 ~.9S-present Board. Childrens Guild Board, Young Associates, Baltimore Symphony Orchestra. Initiated Tiny Tots Concerts Board. National Conference of Chri~ians and Jews Member, Commission on Dyslexia Member, Commission fbr Funding Special Education Chair, Baltimore County Coalition For the Handicapped Member, Task Force to Study the Future of Teacher Education Board, The Advertising and Professional Club of Baltimo,-e Treasurer, Baltimore City Chamber of Commerce Board. The Hannah More School Board, The Women's Network, Naples Masters Leadership Collier Development Commi~ee. Habitat For Ht,,maniw. Naples Long Range Planning Commi~ee. Friends of.Art. Naples Board. lmmokalee Child Care Center Committee. Hope for Haiti. Naples AWARDS: 1973 1977 1984 1986 1994 1006 1999 Education Medal, Loyola College Woman of the Year. National Council of Jewish Women Humanitarian Award, Jimmie Swartz Foundation Outstanding Citizen Award. Big Brothers &Big Sisters Humanitarian Award, Fulhvood Foundation Top 100 Women in Maryland, Warfield's Business Journal Humanitarian Award. Boys & Girls Clubs of Maryland 01/25/~O 20:10 FL ASSOC OF COUNTIES ..... FLORIDA . .SSOCIATION OF COUNTIES 1_Il I TO: FROM: County C County Administrators County Lobbyists II I ! I IL Il Ill Joe Anne Hill, Legislative Affairs Coordinator DATE: January 25, 2000 ~,~/_~ RE: Florida Kidc_ar_e P_ro_~_ram_.-_..F_!orida Healthy Kids Local Match CALL-TO-ACTION: FAC encourages Counties to c°n~C{~h~ I;Io~se Health Care Services committee members listed on the attachment and urge them to support Rep. Elaine Bloom's (D-Miami-Dado) amendment to replace the local match requirement with state funds. The local matct~ issue is apart of FAC's 2000 Legislative Priorities Program listed under the Florida KJdcare Program. Since legislators are in tr~e~r district offices until February 7, this is an excellent opportunity to contact them on this issue. The b~ll is scheduled to be heard on~-~--8, 3:30 p.m. - 5:30 p.rm-~ BACKGROUND: Through the Balanced Budget Act of 1997, approximately $40 bdlion over 10 years was approved Ia help slates expand heattn insurance coverage to childoen, either through Medicaid or other health plans. The Fiorida Kidcare Program was created by the 1998 Legmlature to make affordable haaltR insurance available to chddren whose families have Iow to moderate income. This is an "umbreda' program which mctude5: Meclicmd for cmldren; Medikids; Florida Healthy Kids: and CMS network. Currently, each county receives 500 free slots in the Florida Healthy Kids component. After the free siot~ are use~, the county is required to generate up to 20 percent tocal match for additional enrollees. The fiscal ~mpact for the required local match to counties is approximately $10 million. Fiorida is the only slate to impose th,s community tax for the child health insurance program. Federal law does not mandate or suggest a local funding match. The local match requirement is Impossible for counties with limited financial resources. Alloca[~on of the 500 free slots Is helpful, but Ihere are only three small counties that have 500 or fewer children qualified for ~he program. The remaining small counties have from 800 to as many as 7,000 children and they are str~ggling £o raise the matching funds. Many larger counties cannot raise enough donations from year to year to cover the number of eligible children for Florida Healthy Kids. Another difficulty in raising the local match ts thai federal law prohibits health care providers from contributing to the state-federal child health insurance program. Therefore, many hospitals, medical providers, and health insurance companies that would have been a source of local support, are no longer able to provide funding for the local match. The Lawton Crfiles Endowment Trust Fund, the repository for the state's tobacco settlement funds, should be used to replace lhe local match ........ - AGENDA ITEM, .., Thank you for your assistance in this matter. If you have any question5 or would like please contact me at the FAC office or e-mail me at janill(~fl-counties cam P.O. Box 549 ~ Tallahassee, FL 32302 ~ (850) 922-4300 ~ FAX (850 January. 28, 2000 Dear · While convened in regular session today, February 8, 2000, the Collier County Board of Commissioners voted unanimously to urge you, as a member of the House Health Care Services Committee, to support Representative Elaine Bloom's amendment to the Florida Kidcare Program, which will replace the local match requirement with state funds. Florida is the only state to impose this community tax for the child health insurance program. Many larger counties cannot raise enough donations from year to year to cover the number of eligible children for Florida Healthy Kids. Another difficulty in raising the local match is that federal law prohibits health care providers from contributing to the state-federal child health insurance program. Therefore, many hospitals, medical providers and health insurance companies that would have been a source of local support, are no longer able to provide funding for the local match. The Lawton Chiles Endowment Trust Fund, the repository for the state's tobacco settlement funds, should be used to replace the local match. Again, we respectfully request your support for this amendment to replace the local match requirement with state funds. On behalf of the Board of County Commissioners, thank you for 3'our consideration. Very. truly yours, TJC:sf Timothy J. Constantine, Chairman Commissioner, District 3 OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on December 31, 2003 on the Parks and Recreation Advisory Board. CONSIDERATIONS: Representation on this board consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. The term for Gil C. Mueller expired on December 31, 1999. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Thomas A Donegan Urban 2 yes none Samuel E. Welbom Urban 5 yes none James E. Morris Urban 2 yes none Daniel F. Jackson Urban 4 yes none COMMITTEE RECOMMENDATION: Samuel E. Welbom The PARAB ranked the applicants as follows: Samuel E. \Velborn £ James E, Morris Daniel F, Jackson 4, Thomas A. Donegan 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 4-year term and direct the Count',' Attorney to prepare a resolution confirming the appointments. Prepared By' Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 8, 2000 A~A ITEM NO. _/_,O Ck Pg. ,, J ,,, To: From: D ate: Subject: Memorandum Sue Filson, Administrative Assistant Board of County Commissioners Maria Ramsey, Director[ Jl~1~ Parks and Recreation January 26, 2000 Parks and Recreation Advisory Board RECEIVED .'.'AN 2 8 200O of :~ounz~, ~:ommis. At the PAR.-VB meeting held this afternoon the four applicants for the vacant position were interviewed. Samuel E. Welborn is the person recommended by the Parks and Recreation Advisor).' Board. Rankings were as follows: 1. Samuel E. Welborn 2. James E. Morris 3. Daniel F. Jackson 4. Thomas A. Donegan If you havc anx questions, please advise. bj Parks and Recreation Department AGEND~ ITEM Name Parks and Recreation Advisory Board Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Lindy D'Amico 1303 Solana Road Naples, FL 34103 District: 4 Category: Urban Mary Ellen Rand 550 110th Avenue, N. Naples, FL 34108 District: 2 Catego~': Urban Gii C. Mueller 541 Blac 'kmore Court Marco Island. FL 34145 District: 1 Category: Marco Island Charles M. McMahon, Sr. 4.116 27th Court, S.W. Naples. FL 34116 District: 3 Categor3': Urban Lisa H. Barnett 1105 Rovai Palm Drive Naples, fL 34112 District: 4 Category: Urban Edward Olesky 6001 Lake Trafford Road Immokalee. FL 34142 District: 5 Category: hnmokalee 403-5130 06/22/99 12/31/02 6494093 4374601 514-3763 3 Years 10/26/99 12/31/01 2 Years 02/15/94 12/31/95 2 Years 394-9444 11/14/95 12/31/99 4 Years 10/26/99 12/31/99 353-2055 10/26/99 12/31/03 649-4900 1112/99 12/31,02 643-9703 4 Years 4 Years 05/26/98 12/31/98 7 Months 657-2401 1/12/99 12/31/02 4 Yrs. Wednesda. v, October 2.. 1999 Page I of 2 AGEI~A Pg. ~ ~> Parks and Name John Grice 326 Charlemagne Boulevard, I204 Naples, FL 34112 District: 1 Category: Urban Recreation Advisory Work Phone Home Phone 774-5517 Board Appt'd Exp. Date DateRe-appt 2ndExpDate 12/16/97 12/31/01 Term 2nd Term 4 Years This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms are 4 years. FL ST,4 T: Staff: Maria Ramsey, Parks and Recreation Director: 353-0404 Wednesday. October 27, 1999 Page 2 of 2 MEMORANDUM DATE: November 1, 1999 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assist,ant,//' 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. p}ease list the commission district in which each applicant resides. PARKS & RECREATION ADVISORY BOARD COMMISSION DISTRICT Thomas A. Donegan 6967 Mill Pond Circle Naples. FL 34109 Samuel E. Welbom 815 Nurser",' Lane Navies. FL 3411c) James E. Morris 549 N. 104:~ Avenue Naples. FL 34108 Daniel F. Jackson 3323 Guilford Court Naples. FL 34112 Thank you for your help. MEMORANDUM DATE: TO: FROM: November 1, 1999 Maria Ramsey, Parks and Recreation Di~or~ Sue Filson, Administrative Assistant~'~,z--~.~ Board of County Commissioners ~ Parks and Recreation Advisory Board ,As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in ser~'ing on this committee to submit a resume for consideration. I have attached the resumes received for 3'our review' as follows: 6007 Nlili Pond Circle Naples, FL 34109 Samuel E. Welbom 815 Nursery Lane Naples. FL 34119 NlorTis Avenue Daniel F. ~,,o Guillbrd Court Naples. FL 341 Please let me knox',', 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 Attachmenl5 NO. /L: Ct__ FE3 0 2000 THOMAS A. DONEGAN, P.E. 6967 MILL POND CIRCLE NAPLES, FLORIDA 34109 1-94 i -~94-~645 tdonegan~peganet, corn October 28. 1999 Sue Filson. Administrative Assistant Board of Collier County Commissioners 3301 US Naples, FL 34112 Re: Parks and Recreation Advisory Board f - ~ 'x. aTpi:cation for a position as member or'the Parks and Recreation .4. dvison' Board I understand ,'hat the Board has one te.'Tn expiring on December 31, 1999, representing the urban area. Since mx re,:;rement from Collier Count\ in March 1998. I have continued as a Protbssional Engineer m private practice with mv firm T. A. Donegan & Associates. I continue my association with the local and state professional engineering communitv ~Vhiie with Collier Count,,'. I was assigned as Project Manager to several projects for the Parks Department. 3nciadin,.z Barefoot Beach Restoration and Bath house building: Cocohatchee Park and boat ramp. Golden Ga,~e Community Center: Vanderbilt Beach Bath house: ,Aaron Lutz Park improvements: Bavviex~ Park tx:-:,"., e.";cnts Marco Tennis Facilit} improvernems: and the Caxambas Park Dockmaster Facility -., ..... x.~. ,.> ~.~ resume o,tm,. additionai activities and qualifications i att': ~o:a',iac::: ,',:.: r?', back,.zround ,2 Park ~'hciJities and association ~ith the Locai Communities and the Collier Coumx Go\eminent personnel will add to m)qualifications for an appointment as a member of the Parks and Recreat;on B~ard IfadditionaI intbrmation is needed_ please gi~e me a call at 594-5048 Sincerely. · l-homa,'. -~ D~,n~-an~=' . P E . Attachments Resume L f sr of pr~iects Projects by Tom Donegan For Collier County Government Marco Island Branch Librao' Expansion I998 Medical Examiner Fac/liD' I998 Golden Gate Community_ Center 1995 ':olden Gate Estates Branch Libral-x' 1996 :u,~ Coast Little Lea~e Communivv Park 1996 _ ::.,.. :-,,as Park Dockmaster Facili~' 1996 Eav', ~e,.v Park Ph ! and Ph2 ] 995 Aaron Latz Park 1995 Cou~ Room Improx ement 1994 Vanderbilt Beach Bathhouse 1994 Cocohatchee Boat Ramp Park 1993 Bare£ooz Beach Bathhouse and Beach Restoration 1992 kk.'arer Sexver Improvements at Govt. Center 1992 ' .Sr~.ct,'i~ur:~ Center Design 1901 $1,500,000 2.300.000 i.500,000 i.500,000 100:000 190.000 170,000 100,000 50,000 17.3,000 1,050,000 4 10.000 500,000 150.OOt~ AO4~.ND~ NO. RESUME OF THOMAS A. DONEGAN, P.E. PROFESSIONAL ENGINEER 6967 MILL POND CIRCLE NAPLES, FLOR/DA 34~09 (941) S94--S64a Experience: Thomas A. Donegan & Associates, 1998 start up Or, net/Manager providing professional engineering and project management services. Several projects now in initial design and construction. Collier County Government, Florida, 1985 to 1998: As.Pr°fessi°nal. . Enaineer, .,, and Project Manaeer~ assianed, to many. Colher. 'County. Drolects involving des~.n, construcnon manaaemem and technzcai evaluation. !;~e~ent comptete~d pro~ec/s included the O~)Iden Gate Estates L/brarv. the Marco ';::and hibraA', and the Medical Examiner Facility. ' As Engineering Projects Manager assigned to coordinate projects that ;,,'ere includ.ed m the Capital Improvement Element of the Growth Management Plan for Cother County. Activities included project planning, consultant selection, scheduling and coordination of design, and construction on assigned projects. As Proiects Coordinator tbr Facilities Mana~zement Department, assi~ed to desi~ of- the Hdalth and Public Services Buitdin~."the Agriculture Center Proiect, and the Droiect management of' the County G~dvermnent Center Utilities .blaster Plan. Co~npteted an economic evaluation of'the Central Chilled Water System.. and a reviex¥ or' s~ace needs at the Government Complex through the year ;000. .ks Proiects Coordinator for the So/id Waste Department, completed and evaluation of tk~e Rekource Recover~' Pro,am Coordinated a Landfill Minin~ Project and report to the Flb]qda @overnor's' Ener~' C~'ffice. ~eveloped the Gro;~th .M~anaaement Plan, solid waste Sub-Element; providgd design s,.rvices for the lined landfill Feachate collection and treatment s'~'stem; was member of evaluation committee that investigated proposals for Resource RecoYer~' in Collier Count'. As D/rector of Engineerina for the Utilities DMsion, was assigned to plan, desi.~m, and direct water tra~nsmissiSn and wastewater collection Systems for ex/snng and new developments for Collier CounW. Initially employed bv C(~llier Counw as an Engineer for the Utilities Division involv'ed in design review arid construction'conformahce of developer's projects to meet Collier County standards. Charics 0 Vel%.', Associates, Inc., 1981 to 1995 Associate and Director of Business Development for this nationally known Civil and environmental engineering firm. Union Carbide Corporation, Tarry~tov~n. NY, and other locations, 1942 to 1980: Sla~ed as a development engineer for oxygen and acetylene. Ass! enaincer m the .Manhattan Dtstnct projecL District and Remohal Managi Ga~ bus/ness and Manager of government products for the.National Spuc Education: BS Chemical Engineering, 1942, Iowa State University. Continuing education in Solid Reaistrat/on: Professional Engineer: New York. 1948: Connect/cut, 1975: Florida, 1976 Affiliations: Flor/da Enmneen'na Society, Ca/usa Chapter Chapter Secre~aD' andeditor of Newsletter. Chapter President and FES Fellow National Societ3,' of Professional Engineers, Westchester Chapter Chapter Secretary. and Director '-' :-:ca2 Academx oFEnvironmentai Engineers Tara Beta Pi - National Engineenng Society Naples PC Business Users Group. Board Friends of the Librau,', Board St John the Evangelis~ Church, Greeter ~ i:,,~':t3s \~.' O!lifI: Adminiswator o£Public Ser-vic:s C~!Iier Count' Government 33'"i Tam~anhi Trail East NapJes_ F] 34112 7-~4~' ~-774-84~8 John .tones. Director of Counrx Libraries 650 Central Ave. Naples. Fl 34102 1-941-774-8486 Skip Camp, Director of Count; Facilities Managemenl 3301 Tamiami Trail East Naples, Fl 34112 1-941-774-8380 Thomas E Conrecode. P.E. Execunve V. President '/'he V Group of Florida Inc. 5150 Tamiarni Trail North 34103 1-941-263-3700 Samuel E. ~{elborn 815 Nursery Lane NaN!es, F! 34]19 I 941 4~5 4694 October 29 ~.~e C~7:=- Ccunty Ecar! cf Commissioners ~ ..... : Sue Fi~sc.n ::as!es, F1 34112 1999 RECEIVED :Mard of County C~i~.~,2r, e:.., i am a~lylnc for the cFen pcsitLcn cn the Adviscrv Bcard cf nhe Park and Recreazi.sn De~arzment. am a ~=~=s e,iucalcr ha,.-i~ ~"-~ = "=~-: ~- Ecu~.. /~rclina an{ A!a~ama and as a s'u~s ...... = ~ea.cker :n Cc!!ier i £~r':ei as a Hi-~ ~cn~z_ ~sc~sail, ta4k:--=' ' , aha basesa~] scncc' anl a junLcr S':X schsc~. - ' .~c ......... a YNCA cams and several i ha! maxi' Summer cbs, "~ ..... - . ':ears al ~cy ScsuE camzs. _ am al .sre~e~t- .. PresZien-~ cf the Gcl.ien Ga~e K_,~ ..... .... -= C!us mr i ~ ~erzer ani sa~- m-s=' ~? cf ~he Gciien Gale AARP October 26, 1999 Sue Filson, Administrative Assistant Board of County Commissioners 330l E. Tamiami Trail Naples, FL 34112 RE: Parks and Recreation Advisory Board Dear Ms. Filson: Enclosed please fred my resume for consideration for the vacancy on the Parks and Recreation Ad'~qsory Board. I l~v¢ been involved with youth sports and youth acfivitie~ since 1991, which are impacted by decisions at the Count)' level regarding utilization of the parks and recreation areas. ,'. 5~ve coached baseball, soccer and basketball teams for the YMCA, baseball teams for North ' --r:~-~s Linle League, and soccer teams for the Optimist Club. In addition, I have served in the r, as~ on uhe Board of Directors for the North Naples Little League and held the position of Vice President of Community Services w/th the Naples Jaycees. I feel that with this background, I would be able to responsibly serve on the Parks and Recreation Ad~,'iso%' Board, helping to continue the high quality of sen'ice and availability that :kc residents of Collier Count' enjoy from the Parks and Recreation Department. '7t,~nk you for your time, If you would like to contact me, please call mv home number at 598-9228 or m~ cell phone at 82t-6394. JAMES E. MORRIS 549 N. 104th Avenue Naple~, FL 34108 (941) 598-9228 OBJECTI%'E: To work in an industry that will utilize and expand my sales abilities WORK HISTORY: 8/99 to present Olympia Grill Bonita Beach Road, Bonita Springs, FL Assisting owner in renovation and organization of new restaurant. '7 '9~' to 8/99Naples BatteD, & Alternator Exchange 3637 Prospect Ave. Naples, FL ~ charge of sales and promotion to area golf courses, including inventor), control and stock upgrades; warehouse inventou control; financial analysis; organizing promotional events. 9/96 to 6/97 Tropical International M/ami, FL Responsible for outside sales in the Naples and Bonita Springs area, including organizing ::zvenzou and up~ading stock orders. i,"89 to 8 '96 CBI Para Warehouse Fort Myers, FL Southern Regional Sales Manager, duties included personal calls on clients, inventor)' control, ~ock upgrades, organizing sales promotions, financial analysis, technical support. 8/86 to 12/88 Management by Design Unlimited Cape Coral, FL Leasing agent for regional shopping center~ in central and south Florida; duties included cold calls, following up referrals, lease negotiation and preparation, on site inspections and qualifying of tenants. EDUCATION: Sales and marketing classes - E1 Camino College, Los Angeles, CA Dale Carnegie Institute graduate Wagner Advanced Selling Techniques Dana Corporation's Sales Motivation courses PERSONAL: IX.larded for 14 years, one child A JTEH NO. pg. /.7 TOTAL P.02 3323 Guilford Court Naples, FL 34112 26 October 1999 RECEIVED QCT 2 6 1999 ~ard of C~unt~ Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail E Naples, FL 34112 Dear Ms. Filson: This is an application for the position as an urban representative on the Parks and Recreation Board. I have lived in the urban area of Collier County part- time 1978-1982 and from 1986 to present full time. From 1986 to September 199~ I was the sole Caregiver for my wife who has Alzheimer's Disease. She is now in the Alzheimer Nursing unit at Lely Palms and now I have free time to volunteer my ser~qces. As may be seen from the enclosed Reader's Digest version of my 50 years of professional work, I have been a University professor involved with many different aspects of ecological topics regarding nature study and outdoor environmental educational programs. In fact six of the 15 books I have authored or co-authored contains Chapters pertaining to outdoor recreational cdu(~ation. IJvina in thc urban area of Collier County for more than 17 years has given me an appreciation of how meaningful the Department of Parks and Recreation is to the general welfare, education and development of Collier County. As a member of the current Collier County Environmental Advisory Board , I am aware of present and projected developments in Collier County. Knowledge of these activities is of importance to the Park and Recreation staff as well as to members of the Parks and Recreation Board for planning. For the past l 0 years I have been an ardent computer user and daily surf many scientific, environmental and technological sites on the Internet. I am 74 years old and have no political nor financial association with anyone or any business. Si cerely yours, Daniel F. Ja 'kst n, Ph. · Professor Emeritus Enc. (Resume Synopsis) Pg.,./ DR~ DANIEL F. JACKSON 3323 GUILFORD COURT NAPLES, FL 34112 941-775-0561 E-mail danGgulfaccets.net Dr. Daniel F. Jackson retiM from Louisiana State Univ~rslty (LSU), Institute for Environmental Studies as Director and Professor in June, 1986. Prior to Joining LSU, Dr. Jackson wes Director and Professor of the Division of Environmental Technology and Urban Systems at Florida International University (FLU), Miami, FL as well as Founder and Director of the University's Drinking Water Quality Research Center (1973-78). At FlU he was responsible for four academic units, Environmental Planning, Water and Waste Management, Urban Systems, and Environmental Health. Dr. Jackson has been associated with Florida's aquatic ecosystems for 25 years. For 10 years, Dr. Jackson was a Full Professor in the Environmental Engineering section of the Dept. of Civil Engineering, School of Engineering, Syracuse University (1963.1973). Some other positions held by Dr. Jackson include Hydrologist, U.S. Army Corps Engineers, (4950-53). Director, Charles C. Adams Center of Ecological Studies, Western Michigan University, Kalamazoo, MI, (1955-59), Associate Dir~ctor, PotomologJcal Institute, University of Louisville, Louisville, KY, (1959-t963} and Environmental Editor, Civil Engineering News 1ge0- 1993. Dr. Jackson has r~ceiv~d many awards for his teaching-r~search- community forte including the 1963 Rotary International award for the 'Advancement of Science in the State of Kentucky'; the 1973 'Distinguished Service Award' from Syracuse University;, the 1977 'Recognition Award' from FlU, and the t984 'Leadership Award' from LSU. Dr. Jackson has been involved with numerous undergraduate and graduate courses and r~search concerning environmental issues. He has been the major professor for 39 M.S. degrees and 21 Ph.D. degrees. His Ph.D. degree is ~;~m the State University of New York, College of Environmental Sciences (1957} in limnology. Dr. Jackson has published over 100 scientific papers and reports Including 15 books. One of his major studies, 'Removing Potential Organic Carcinogens and Precursors from Drinking Water' was published by the U.S. Environmental Protection Agency. This publication was a r~iult of an $890,000 EPA project Dr. Jackson designed and administered at FlU. Dr. Jackson organized and directed two International Conferences on Algae a NATO sponsored program 'Algae and Man'(1962) end a conference supported by NY STATE ' Algae, Men end the Environment' (1968). Dr. Jackson wes a charter member of the USFWS Manatee Recovery Team. Dr. Jackson has obtained and directed over $6,000,000 in research grants/contracts. Dr. Jackson end his wife, Dr. Betttna B. Jackson, have traveled to 1 t 9 countries. FF_2 0 B 2000 J .. Science through Discovery K-6 The L. W. Singer Company introduces a ne,.,,' program to help teachers implement the discovery approach in elementary science. · Str'~c',:gr,d Investigations prnvide for maximum student inw)lve- meet ;n learning. · ; ~mtrrd~ed haiancp c~f emphasis on science p~cess and science produc~ :s maintained · Tr~:cmm:: f life. oa~h, and physical sciences assur~s a corn- fully chwcloped · Series plan includes multi-media malerial~ 24 cha~s and Teacher's Manua[ for Kinder~arlm~ Studenl's ~ooks 1-6 Teacher's Editions 1-6 lnvosligational activities kits 1-6 Testing program 1-6 Additional audio-visual aids. Science through Discovery Teacher's Editions include full-color reproduc:tion~ of textbook pages, teachin~ suggestions . . . AND MUCH MORE Extending far beyond the traditional teacher's book. each of these volumes is a comprehensive in-service training course In the philosophy, methods, and materials o! lhe "new science." Science BackRround for the Teacher. one of several outstandin~ h~achine aids found In every unit. provides the depth and breadth rff ~cience back~r(mnd information necessary for teachin~ sludent- or:~mted activity science. Teachers will welcome the clear, pro- D,s~cma ~t~i ffthosehm)k~ The auth~r~ d,mcrihe futlya practical AUTHOR TEAM IS OUTSTANDING... TEACHERS--SCIENTISTS Helen Dolmen MacCracken Master teacher: Past Pres- ident. National Council of Elementary. Sciatica. ~flldred T. Ballou Associale Professor of Education, Coordinator of Elementary Participation. BaJJ State University. ~cha~ A. B~m Scmnce and Mathematics Consult- ant Elementary Prmcipaf. Overland Park, Kansas. ~nald C. ~cker Dmqn of the ColJeRe. Colorado State College: Fa~[ President. ,%'aliona~ .Science Teachers D~I~I F. ]~[~ Professor of S~nil~ry Syracuse UniversHv: ~ulhority on w~ter pollution. Morris Kill Professor of Atmospheric Sanitation. Syracuse University: authority on air Hlldege~ R. Kuse Professor o[ Education. Elemen. tary Teacher. Laboratory School Wisconsin State University. Stevens Point. Verlu~ R. ~ndeman Professor of Zoology. Syracuse Unive~ity. Herman Shulman Doctoral Candidate. Solid State Physics. Syracuse Unive~it~. Robe~ B. Sund Associate Professor, Science Educa- tion ~paament. Colorado State ~lle hV, T~wbHdge Associate Professor. Chairman. Depa~ment of Science Education. Colorado State College. F~nk O, You~l~ll~r Associate ~rofe~sor. Educ~io~ Dep~Mmenl. Wayne Sl~le Universily. FE-3 0 8 2000 .. ..... OBJECTIVE: To ratify the appointment of members to the Disaster Recovery Task Force and add 1 new member representing the City of Marco Island. CONSIDERATIONS: The Disaster Recovery Task Force was established on April 27, 1993, by Ordinance No. 93-20 as required by Objective 13.3 of the Collier County Growth Management Plan's Conservation and Coastal Management Element. This task force is composed of 26 members and their duties include development of step by step procedures including post disaster recovery, reconstruction and mitigation. In addition, the task force may be making recommendations for changes in various County ordinances such as the Growth Management Plan, Land Development Code or other ordinances it deems necessary in order to prevent recurrence of damages. All appointments shall be ratified by the Board of County Commissioners. A list of the current membership is included in the backup. MEMBER CATEGORY EXPIRATION Edward N. Finn Interim Public Works Administrator 09/21/00 Ed Dwyer (New Addition) Cit}: of Marco Island 09/21/03 Carleton Case FPL Liaison 09/21/03 Frank Cain Lee County Electric Liaison 09/21/03 Jake Rohrich Florida Water Services 09/21/03 Bob Dick FL Cities Utilities Liaison 09/21/03 Tim Smart Waste Management Liaison 09/21/03 Buddy Brunker United Telephone Liaison 09/21/03 Barbara Ranck Chamber of Commerce Liaison 09/21/03 Eli Moblev School District Liaison 09/21/03 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners ratify the suggested re- appointment/appointments and the addition of 1 new position to represent the City of Marco Island increasing the membership of the task force to 27 members and direct the County Attorney to prepare a resolution ratifying the appointments. Prepared By: Sue Filson, Administrative Assistant Board of CounD? Commissioners Agenda Date: FEBRUARY 8, 2000 x. United Telephone Se=vice Liaison y. Collier Country Chamber of Commerce Liaison School Dis~.=ic~ of Collier county Liaison 2. Appointment of Recovery Task Force: a. The Recovery Task Force shall be composed of t~wenCy-six (26) members. b. M~m~ers of ~he Recovery Task Force shall be appointed by and serve a= t. he pleasure of ~he Board of County Commissioners. Those individuals ac=lng as liaisons to the Recovery Task Force from other governmental or private agencies shall be appointed by that agency, which appointment shall be ratified by ~he Board of County Commissioners. c. Appoint-men= or ratification of members of the Recovery Task Force shall be by resolution of the Board of County Commissioners, which resolution shall forth the date of appointment and term of office. 3. Terms of Office. The initial terms of office of ~he Recovery Task Force members shall be as follows: a. Eight members shall serve for two (2) years. b. Nine members shall serve for three (3) years. c. Nine members shall serve for four (4) years. Thereafter, each appointment shall be for a ter~ of four (4) years. ~T~_-~: Removal From Office; Failure To Attend Meetings. 1. A~y member of the Board may be removed from office, with or without cause, by a majority vote of the Board of County Commissioners. 2. If any member of the Board fails to- attend two (2) consecutive Board meetings without ,a satisfactory excuse or if a member is absent from more than one-half )z - - NO., FE3 0 25S0 / / Name Disaster Recovery Task Force Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Marjorie Student 3301 E. Tamiami Trail East Naples. FL 34112 District: Cate§ory: Counq,' Attorney ret'm 2nd Term 774-8400 09/21/93 09/21/97 4 Years 10/21/97 09/21/01 4 Years Vince Cautero 643-8400 2800 N. Horseshoe Drive Naples, FL 34104 District: Categor3': Comm. Dev. & Env Services Admin 643-8469 Robe.'-: 5,1ulhere 2800 N. Horseshoe Drive Naples, FL 34104 District: Category: Current Planning Manager Ed Perico 643-8442 2800 N. Horseshoe Drive Naples. FL 34104 Distric[: Category: BuiiJin,a & Permitting Director 09/21/93 09/21/97 4 Years 10/21/97 09/21/01 4 Years 09/21/93 09/21/97 4 Years 10/21/97 09/21/01 4 Years 09/21/93 09/21/97 4 Years 10/21/97 09/21/01 4 Years 774-8444 09/21/93 09/21/97 4 Years 10/21 '97 09'21/01 4 Years Ken Pineau '~3()1 E. Tamiami Trail East Naples. FL 341 !2 District: Category: Emergency Mgmt Director Sandra Tavlor 774-8991 09/21/93 09/21/97 3301 E. Tamiami Trail East 10/21,/97 09/21/01 Naples. FI 34112 Distri~ t: Categoo': Real Property Director 4 Years 4 Years ~NDA ITF_M NO...f~ zS/ 8 2000 Disaster Recovery Task Force .Name 'Da~.ri~m~~z'~°'~''~'d 3301 E. Tamiami Trail East Naples, FL 34112 District: Category: Solid Waste Director Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 732-2508 09/21/93 10/21/97 09/21/97 09/21/01 John Boldt 3301 E. Tamiami Trail East Naples, FL 34112 District: Categor3': Water Mgmt Director 732-2500 09/21/93 10/21/97 09/21/97 09/21/01 3301 E. Tamiami Trail East Naples. FL 34112 District: Category: Transportation Liaison 774-8260 09/21/93 10/21/97 09/21/97 09/21/01 -C--d--Hsctmer ,~w, oo Y-Tw~O 3301 E. Tamiami Trail East Naples. FL 34112 District: Category: Public Works Administrator 732-2575 09/21/93 2/11/97 09/21/96 09/21/00 3301 E.-I-.Lmiami Trail East Naples. FL 3J.112 District: Category: Property Appraiser Liaison 774-8897 09'21 93 2,/11:97 09/21/96 09 2 1/00 Tom Storrar 3301 E. Tamiami Trail East Naples. FL 34112 District: Category: 5i~criff Liaison 793-9203 09/21/93 2/11/97 09/21/96 09/21/00 Page 2 of 5 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 3 Years 4 Years 3 Ye~s 4 Years 3 Ye~s 4 Ye~s AGENDA ITEM NO. /6)-/./ ,.'40 pg. c/ Name Disaster Recovery Task Force Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Chris Christianson 735 8th Street South Naples, FL 34102 District: Categoo': City of Naples Liaison James Landrum P.O. Box I 10 Everglades City, FL 34139 District: Categor3': Everglades City Liaison btepiae:~ Ladd 6167 Janes Lane Naples. FL 34100 District: Categoo': Big Cypress Basin Liaison Daniel Trescott P.O. Box 3455 No~h Ft..Myers, FL 33918 District: Category: S',VFRPC Liaison .',like Dax i> 0160 18th Axenue. S.W. Naples. FL 34116 District: Categoo': CCPC Liaison Robert Schubring 2606 S. Horseshoe Drive Naples. FL 34104 District: Category: Building IndustD' Liaison 434-4640 09/21/93 09/21/96 3 Years 2/11/97 09/21/00 4 Years 695-3781 09/21/93 09/21/96 3 Years 2/11/97 09/21/00 4 Years 597-1505 09/21/93 09/21/96 3 Years 2/11/97 09/21/00 4 Years 995-4282 09/21/93 09/21/96 2/11/97 09/21/00 3 Years 4 Years 643-1777 09/21/93 09/21/96 3 Years 2"11/97 09/21/00 4 Years 566-1448 09/21/93 09/21/96 3 Years 2/11/97 09/21/00 4 Years Pagc 3 of 5 t v._ /O/)_ ] Disaster Recovery Task Force Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term ~h P.O. Box 413013 Naples, FL 34101 District: Category: FPL .Liaison ' e/5 ~o~ D~trict: Categoo,: Lee County Elec~ic Liaison ~168 Marco Island. FL 34146 District: ~4,~ ~ Categoo,J~ Utilities Liaison ~ 455-1583 !805 CR951. Suite C Naples. FL 34116 D~trict: Catego~': FL Cities Utilities Liaison f~ J D~,u?a~ 649-8638 4500 Exchange Avenue Naples. FL 34t04 District: Categoo': Waste Management Liaison 02/13/96 4 years 09/21/93 09/21/95 2 Years 2/13/96 09/21/99 4 Years 09/21/99 Buddy Brunker ~Ma~co -'---' FL I=,~,,,~. - ~146 District: Cate,gor3':!'nited Telephone Liaison 263-6'i,~ 02/13/96 02/13/96 09/21/99 09'2 02"13'96 4 Years 4 Years 4 Years 09/21/93 09/21/95 2 Years 2/13/96 09/21/99 4 Years Thurxday. July £2, 1999 Page 4 of 5 Disaster Recovery Task Force Work Phone Appt'd Exp. Date Term ~rarne Home Phone DateRe-ap£t 2ndExpDate 2nd Term 3620 N. Tamiami Trail Naples, FL 34103 District: Category: Chamber of Commerce Liaison ,%~ Dcbberstein _,-?00 Coug~ Drive ~',,'~o Naples, FL 34/~ District: Catego~': School Disthct Liaison 262-6374 02/13/96 09/21/99 4 Years 02/13/96 09/21/9~9 4 Years Tn,s .~ member committee was created on 04127/93, by Ord. No. 93-20 as required by Objective 13 3 of the '3oilier County Growth Management Plan's Conservation and Coastal Management Element. This committee's duties include development of step by step procedures for post hurricane recovery, advising the BCC of various issues, including post disaster recovery, reconstruction and mitigation. In addition, the task team may be making recommendations for changes in various County ordinances such as the Growth Management Plan, Land Development Code or other ordinances it deems necessary in order to prevent recurrence of damages Terms are 4 years. f'l S 7 ~ 7 - ~ ~ Stoff: Ke" P,neau Emergency Management Director: 774-8444 Thur.yda_i. J¢~li '' 1999 Pa,k,o 5 o, f 5 I:'go 7 EXECUTIVE S~Y RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO APPROVE THE COPS UNIVERSAL HIRING PROGRAM ADDITIONAL OFFICER REQUEST. OBJECTIVE: TO gain Board approval of the COPS Universal Hiring Program Additional Officer Request. CONSIDERATION: On November 8, 1994, the Board of County Commissioners agreed to act as the coordinating unit of government for the United States Department of Justice, Office of Community Oriented Policing Services (COPS) Accelerated Hiring, Education, and Deployment Program (COPS AHEAD). The COPS Universal Hiring Program (UHP} is a supplemental program to the original COPS AHEAD grant. On February 14 and August 15, 1995 the County Commissioners approved application for the COPS AHEAD and COPS Universal Hiring Program (UHP) supplements and authorized an increase in the number of budgeted Sheriff's Office law enforcement officer positions to support community policing programs. C,n January 4, 2000 the Sheriff's Office was notified by the United States iep~rtmen: of Justice that additional COPS UHP funding is available. The future :k:e~ -'ear UHP supplemental award will fund $75,000 of eligible costs for each cf :e:_ add~tionai Youth and Preventive Services Division officers including gang enforcemen: Deputies for schools. The total federal funds will be $750,000. County Commission support is needed to execute this document and officially increase by ten the number of Sheriff's Office budgeted positions. The award is an%icipa%ed in fiscal year 2000. FISCAL IMPACT: The local three year eligible costs match will be $660,730 affecting fiscal years 2001/02 and 2002/03. Federal funding will be requested for 100% of the fiscal year 1999/00 and 2000/01 eligible costs. ~ROWTH IMPACT: FISCAL YEAR 1999 2002/03 Projected subsequent eligible costs for federal and match share FEDERAL LOCAL GRA/qT ~ATCH S 19,600 $ 0 $454,800 S 0 $275,600 S~U4,s80 $ 0 $485,85o $750,000 $660,730 Ail subsequent year funding will be included as a part of the Sheriff's Office annual budget submissions. RECOMI~ENDATION: That the Board of County Commissioners approve the COPS Universal Hiring Program grant request to fund ten additional Youth and Prevenl/ve Services Division officers including gang enforcement Deputies for schools, ~ncrease the number of Sheriff's Office budgeted positions by ten, authorize acceptance of the award when received, and authorize execution of the associated budget amendments upon award of funding. APPROVED BY: DATE: jh/a :xsuhpl0 Douc Ca~, -~ain, Youth anff January 20, 2000 Preventive Services Division Pg. John C. Noms District I James D. Carter, Ph.D, Distnct 2 Timothy J. Constantine Distnct 3 Pamela S. Mac'Kie Distnct 4 Bart)ara B. Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 February 8, 2000 Office of Community Oriented Policing Services 1100 Vermont Avenue, NW 3rd Floor Washin:'~on. DC 20530 Re: OKI FLi~i Grant = 95CCWX02C5 Unixersal Hiring Program Additional Officer Request Dear NIs. \Volf: T?,:s ;error serx es as a request for ten {10) additional full-time COPS Universal Hiring Program positions. Additional Officers Requested l:u. II Time Part Time Match %Vaiver Requested': 1() 0 Lax~ Enforcement Executive Name and Ti~~ Don Humer, Sheriff N__q Date: 2/08./00 Go\ e,'TI, FllvJlll F] "..t:,. dtl ', :~ 5lgHattlre Go\ ernnre:~t Executi\ e Name and Title Tmq,z, th,. J Constantine O~5~n Date: AGENDA ,~TEM No. 0 2 00 COLLIER COUNTY SHERIFF'S OFFICE AND BOARD OF COLLIER COUNTY COMMISSIONERS COPS GRANTS RETENTION PLkN The Collier County Sheriff's Office (CCSO) assumes a progressively larger share of an officer's salary and fringe benefits each year over the three years of the COPS AHEAD, COPS UNIVERSAL, and COPS in Schools grants, leading to full-time retention of the officer at the conclusion of the grant. CCSO has assurances from the local Board of County Commissioners that officers will be retained. Executive summaries are submitted by the CCSO to the Board of County Commissioners requesting increases in the number of CCSO budgeted positions on COPS AHEAD, COPS Universal Hiring Program, COPS To Combat Domestic Violence Program, and COPS in Schools grants. The Board has approved all requests for current and subsequent year budget increases. New recruits were not hired under the COPS MORE '95, COPS MORE '96, and COPS H?R? '98 grants as funding certified officers was unallowable under these crzgr~ms. Amy full-time equiva!encies (FTEs) as a result of the COPS MORE granzs are by currently employed Deputies. When COPS grant project and program periods are over, the CCSO will continue to fund the costs of maintaining, upgrading and/or replacing grant funded equipment/technology in order to support community policing as effectively as possible. CCSO has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the ch .... ~=,~ ~fice intention to proceed with this method to fund additional '-; ~= and maintain and procure technology/equipment enhancements agenrx- ~,ts~ axd upgrades of currently funded grant programs. Federal funding will be pursued, hex-federal funding sources such as state grants, additional law enforcement fu~d~,c from private sources including corporate nonprofit and foundation donations and grants will be sought. Should the referenced funds not be available, solicitation ef funds from the confiscated trust funds will be sought. Should any of these funds not be provided, COPS positions and costs of maintaining COPS programs will be included in applicable fiscal year CCSO operating budgets. Activities will continue on current grants after grant funds end. With experience~ ~ianned training, maintenance and enhancements, activities should even increase after a grant period ends because of familiarity of the project programs and advancements and speed associated with technology. Timothy J. C.l~:axzq-~ Don~ Hunter'}x Sheriff Collier Ceun5y ~oari Chairman .~ February 8, 2000 January 20 ,N~'uuu U.S. Department of Justice Office of 'Community Oriented Policing Services Although the Department of Justice has made every effort to simplify the application process, other provisions of Federal law require us to seek your certificahon regarclmg certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signature of this form provides for compliance with certification ~quirements under 28 CFR Part 69, qqew Restrictions on Lobbying," and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)," and the coordinalJon and non-supplanting ~x~tirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material represen- tation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As requmed bx' Section 135Z Title 31 of the U.S Code, and imple- mented at 2~ CF% ?art 69, for persons entering into a grant or coop- C,n erabve a~ettment c.ver ..~00,000, as defined at 28 CFR Part 69, the apphcant cerbfl~ that: A. No Federal appropriated funcLq have been paid or will be pad, by or on behalf of the undermgned, to any person for influ- encing or attempting to influence an officer or employee of any --. agent); a Member of Congress, an officer or employee of 'ongress, or an employee of a Member of Congress in connection ,'ith the making of any Federal grant; the entering into of any ccx~peradve ag~reement and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement; B if asw rUn& other than Federal appropriated funds have been paid or wilt be prod te 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 grant or cooperative agreement, the undersigned shall complete and sub mit Standard Form -- LLL, 'Thsclosure of Lobbying Activihes." in accordance with its msLmctions; C The undersigned shall require that the language of this certifi- cation be included m the award documents for all subawards at all hers (including subgrants, contracts under grants and coopera- bye agreements, and subcontracts) and that all sub-recipients shall cerbf,, and drSCl(~oe accordingl)t 2- Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12~9, Debarment and Suspension, and rmplernented at 28 CFR Part 67, for prospective participants in primary, covered tranxwt~ons, as defined a~ 28 CFR Par~ 67, Section ._6.67.m 0 -- A. The applicant cerlnfies that it and im Pnncipals: (i) Are not presently debarreck suspended, proposed for debarment, declared inehgible, sentenced to a demal of Federal benefits by a state or Federal courk or voluntarily excluded from covered transactions by any Federal depart- ment or agency; (ii) Have not within a three-year period preceding this appli- cation been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform- lng public (Federal state or local) transa~on or contract under a public transaction; violahon of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen prr~:~-ty; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal state or local) with commission of any of the offenses enumerated m paragraph (A)(ii) of this cerhfication; and (iv) Have not within a three-year period preceding this appli- cation had one or more public transactions (Federal, state or local) terminated for cause or default4 and B. Where the applicant is unable to certify to any of the state- men~ in this certification, he or she shall attach an explanation to this applicahon, 3. Drug-Free Workplace (Grantees Other Than Individuals) As requit~! by the Drug-Free Workplace Act of 1988, and imple- ment~cl at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 -- A. The applicant certifies that it will, or will continue to, provide a drug-flee workplace by: (i) Publishing a statement notifying employees that the unlawful manuf-acmre, distn~oution, dispensing, ix~semion or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions hhat will be taken against employees for violation of such prohi~oition; (ii) Es~tabhshing an o~ -g°mgj~t~-~j~j.~]~ p,,-~ ,,~m to em¢oy ob : '"""'"' pg. (~ U.S. Department of Justice Office of Community Oriented Policing Services ,$$urallllS$ Several provisions of Federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with these provisions. If you would like further m.formation about any of the matters on which we seek your assurance, please contact us. By your authorized representative's sig-n~ture, you assure us and certify to us that you wilt comply with all legal and administrative requi~- ments that govern the applicant for acceptance and use of Federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for ~ grant and that the persons signing the applicahon and these assur- ances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this apphcatiorc 2_ You will comply with the provisions of Federal law which limit certain pohnca! activities of your employees whose principal em- ploymen? :~ ir'. ::.r~tion with an activity, financed m whole or in part with tS~'as ~,'~t These r~thctions are set forth in 5 U.S.C. § 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private ga/n for themselves or others, particularly those with whom they b~ave farruJy, business or other ties. 5. 'You '.,'ill gwe t¼~' Fa, ma?rment of Justice or the Comptroller General access to and the rlshI to exarrune records and documents related to the grant 6. You will comply with all requirements rmposed by the Depart- ment of Justice as a condihon or administrative requirement of the grant; with the program guidelines; with the requirements of OMB Circulam A-87 (governing cost ca3culations) and A-128 or A-133 (gov- erning audits); with the applicable provisions of the Omnibus Crane Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COPS grant owner's manual; and with all other apphcable laws, orders, regulations or circulars. 7. You will to the extent practicable and consdstem with applicable law, seek, recruit and hire qualified members of rac/al and ethnic m-mority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn pcs/- tions in your agency. gender, disability or age, unlawfully exclude any person from partic- ipahon in, deny the benefits of or employment to any person, or sub- ject any person to discrimination in connection with any programs or activities funded in whole or in part with Federal funds. These civil fights requirements are found in the non-discrimination provi- sions of the Orm-dbus Crime Con~'o] and Safe Stree~ Act of 1968, as amended (42 U.S.C § 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000ct); the indian Civil Rights ACt (25 U.S.C. ~ 1301-1303); Section ~ of the Rehabilil~tion Act of 1973, as amend- ed (29 U.S.C. § 794); Title ri, Subtitle Aof the Americans with Disabil- ities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non-Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national orib4rb gender, disabil./ty or age aga/nst you after a du~ pm, ess hearir~ you agree to forward a copy of the finding to ff, Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531. B. If you are applying for a grant of $500,000 or more and Depart- ment regulations (28 CFR 42_301 et seq.) require you to submit an Equal Opportunity Employment Plan, you will do so at the time of this application, if you have not done so in the pe~t If you ~Lm applying for a grant of less than $500,1300 and the regulations require you to rnmntam a Plan on file in your office, you will do so within 120 days of your grant award. 9. You will insure that the facilities under your ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's ('EPA) list of Violating Faci.hties and that you will notify us if you are advised by the EPAindicalmg that a facility to be used in this grant is under consideration for listing by EPA. 10. Id your state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, you have made fi'ds application available for review by the state Single Point of Contact. 11. You will devise a plan to retain the increased hiring level with 8. You will not, on the g-round o~ race, color rehgion, national origm, state and local funds after the c'z.~z~.::z:'2n zf / AGEN D~"L~'EM ~ / No.. Sigmturez Timothy ,l. Constantine, Board Chairman U.S. Department of Justice Office of Community Oriented Policing Services b,sd m of Lobbying AcUviUes Indmct for Completion of Disdosum of Lobbying This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipi- ent, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make pay- ment to any lobbying entity 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 con- nection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lob- bying actixSh is and/or has been secured to influence the out- come of a covered Federal action. 2. Ident~, the status of the covered Federal action. 3. Identify' the appropnate classificahon of this report. If this is a follow-up report caused by a material change to the infor- ;on previously reported, enter the year and quarter in .h the change occurred. Enter the date of the last previ- ously subrrutted report by this reporting entity for this cow ered Federal action. 4. Enter the full name, address, eib,, date and zip code of the reporting enhtv. Include Congre~'ssional DistTict number, if known. Check the appropriate classdficahon of the reporting entity that deSagnates if it is, or expects to be, a prime or sub- award recipient. Identify the tier of the subawardee, e.g., the first ~bawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and c(mtract awards under grants. 5. If the organizahon filing the report in item 4 checks "Subawarde~," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan comrrutment Include at least one organizational level ,-below agency name, if known. For example, Department of nsportahon, Unitect State~ Coa~ Guard. 7. Enter the Federal program name or description for the cov- erecl Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loark; and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE-90-001 .' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identi- fied in item 4 to influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing ser- vices, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certif3, ing official shall sign and date the form, print his/her name, title and telephone number. Public regrrting burd, n for this collection of information is estimated ~o average 30 minutes per response, including time fvr reviewing ins~, searctffng existing data sources, gathering and maintaining the data needed, and complaing and ret~uring the collection of information. Send corn - ments regarding the burden estimate or any other aspect of this oo1~ of information, tnchding suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (OMSqX)46), Washington, D.C. 20530. 2000 (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation and employ- ee assistance programs; and (d) The penalties that may be imposed upon employees for drag-abuse violations occurring m the workplace; (ih) Making it a requirement that each employee to be engaged in the performance of the grant be g/ven a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will -- (a) Abide by the terms of the statement; and (b) Notify the employer in wr/tmg of his or her cony/chon for a violation of a criminal drug statute occurring in the work- place no later than five calendar days after such conviction; (v) Noti~-mg the agency, in writing, within 10 calendar days after rec~x~ng notice under subparagraph (iv)0v) from an employ~ or o~erwrse receiving actual notice of such convic- laor~ Emplvyers of convicted employees must provide nohce, including P°S~tion title, to: COPS Office, 11130 Vermont Ave., NW, Washington, DC 20530. Notice shall include the identifi- cation number(s) of each affected grant (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)Co), with respect to any employee who is so convicted -- (a) Taking appropriate personnel action against such an employee, up to and including terminahon, consistent with the rvqmrements of the Rehabilitation Act of 1973, as amend- ed, or Ih} Requiring such employee to participate satisfactorily in a drug abuse assLs'tance or rehabihtation program approved for such purposes by a Federal, state or local health, lab, enforce- ment or other appropriate agency; (vii) Making a good fa/th effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii), (ih), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specifi~----~ grant: Place of performance (street ad~, city, county, state, zip code) Check ~3 if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certification in each Federal fiscal year, a copy of which should be included with each application for Department of Justice funding. States and state agencies may elect to use OJPForm 4061/7. Check ~ if the state has elected to complete OJPForm 4061/7. 4. The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certi~' that there has been appropriate coordi- nation with all agenoes that may be affected by the applicanfs grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. 5. Non-Supplanting The applicant hereby certifies that Federal funds will not be used t. replace or supplant state or local funds, or funds supplied by the Bureau of Indian Affairs, that would, in the absence of Federal aid, be made available to or for law enforcement purposes. 6, Retention The applicant hereby certifies that it understands that it must abide by its submitted plan to retain the additional officer positions at the condumon of the grant period. Grant~NameandAddress: Collier County Sheriff's Office Apphcancm Nc~ and / or Projeet Name: COPS UHP Grantee IRS/ Vendor Number.. 596000561 TypedNarn~~-~O-~ni~ement~Rep~sentative: Don Hunter, Sheriff Signature: -(,~,~')(;I'"~:~.~>{, Date: January. 20, 2000 Typed Name and Tifle of Government Re?resentative: Timothy J. Constantine, Board Chairman Date: AG ENDA. I T,E'M FEB 0 ~omplete this form to disclose lobbying activities pursuant to 31 U.$.C. 1352 (See reverse for instructions and public burden disclosure) N/A Approved by OMB 0348-0046 (as mended) 1. Type of Federal Action: __ a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid / offer/application b. initial award c. post-award 3. Report Type: ~ a. initial filing b. material change For Material Change Only: Year:. Quarter: ~ Date of last report 4. Name and Address of Reporting Entity:. [] Prime ~ Subawardee , if known: Congressional District (number), if known: ~ ,. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): 11. Information requested through this fu~ai is authorized by Title 31 U.S.C. Section 1352. This disclosure o~ lobbying activities is a material representation of fact upon which reliance was plated by the tier above when this transaction was made or entered into. This distlosure is required pur- suant to 31 U.S.C. 1352. This in~ormation will be reported to the Congres~ sen~-annually and will be available for public inspection. An) person who fails to file the required disclo- sure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such ~ailure. 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congression~ District (number), if known: __ 7. Federal Program Name/Description: CFDANumber, if applicable: 9. Award Amount, if knowre $ 10. b. Individuals Performing Services (including address if different from No.10a) (last name, first name, MI): Signature: Print Name: Timothy J. Constantine Collier County Commission Ti~e: Board Chairman Telephone No.: 941-774-8097 Date:__ Federal Use Only: Authorized for Local Reproduction, Standard Form - LLL COPS UHP 2001 OPERATING COSTS 10 UHP POSITIONS Salaries and Benefits 999/2000 2000/01 2001/02 174,880 2002/03 485,850 Subtotal 98,200 174,880 485,850 OI3eratin~ Expenses Pre-Employment @ 1,000 10,000 Per Diem-Conf. Schools@ 1,000 I - 10,000 10,000 10,000 8,000 Auto Insurance @ 800 Liability Insurance @ 1,000 Auto Repair~ 1-~-5-0~ - Tires & Batteries ~.400 office Suppli_es~ @ 100 Clothing, Uniforms @ 500 Uniform Accessories @ 200 Fuels & Lubricants @ 1,500 ..... ~,000_. . 8,000. 15,000 15,000 4,000 4,000 1,000 1,000 10,000~ 15,000' 4,000 1,000 5,000 5,000 5,000 2,000 2,000 2,000 15,000 15,000 ~ 15,000 Minor Operatiang @ 400 4,000 4,000 4,000 Misc. Operating @ 200 2,000 2,000 2,000 Tuition (Academy~ @ 1,000 10,000 10,000 10,000 Subtotal 10,000 86,000 86,000 86,000 OCO Autos(Incl.Siren ~ ligh~5~r)~ 231000 ...... 230,~(~0 Radios - portable @ 2800 28,000 Mobile data computers @ 2,500 25,000 - 10,0Oo TOTAL 499,200 260,880; 571,850 *includes eligible Matc.h costs in Exec~uti_v_e Summ_ary i/18/00-j.houran jh/a:uhp 10positionsoperatingcosts FEB 0 8 2000 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EMERGENCY EXPENDITURE OF FUNDS FOR THE PURCHASE OF FIBER OPTICS CABLE FROM BUILDING "J" TO BUILDINGS "F", "CI", AND "C2". OBJECTIVE: To obtain authorization for expenditure of unanticipated funds relating to emergency requirement for fiber optic connections for Building "J" to Buildings "F", "CI", and "C2". CONSIDERATIONS: The imminent demolition of Building "A" requires alternative connecting cable for communications between the Sheriff's Office, the Clerk of Courts, the Property Appraiser, and the Tax Collector's locations. It is critical that this connection be maintained. Three vendors were contacted for quotes. Fiber Solutions is the vendor selected for lowest cost. In order to meet the immediate need for connection, we are requesting that the Board of County Commissioners waive the sealed bid requirement for the service and authorize procurement from Fiber Solutions. FISCAL IMPACT: Totals costs for this project are $58,287.06. Funds are available in 301-611010- 763100-01010. "Sheriff's Office General Building Improvements". GROWTH IMPACT: None. RECOMMENq)ATION: That the Board of County Commissioners waive the sealed bid requirement and approve the procurement from Fiber Solutions for installation of fiber optic cable to re-establish communications between Buildings "J", "F", "C 1", and "C2". Damian DeAndres, Director, Information Technology Division APPROVED BY: ,'..;,:(_ ,,';, ~ , ct ~ ~. ~ ::_.  Don Hunter, Sheriff DATE: January 30, 2000 exsum e>:f:z::~ . cb2 dy / 0 8 200Q D~c 30 $90S:l~a Rodne~ OR JoUce 9~1--561-083E p.~ solirr!,oNs oF socrr ,st 12771 Metro Parkway, Suite # Fort Myers, Florida 33912 941-561-6814 fax - 941-561-0832 exnail ~ rlavoie4~aol.com To: Collier County Sheriff's Office Attn.: Jeff Schweitzer Ref.: Campus Fiber Optic Project Proposal For: To install two hundred and fifty feet of Siecor Hybrid 24/12, single-mode/multi-mode, Plenum indoor rated fiber optic cable, and two hundred and fifty feet of one tach Plenum innerduct, fiom the Shea'itTs Administration building MDF location to a central IDF. In this central IDF location, a wall mount spli~ closure will be installed and will contain thirty six fusion splices. The fiber will then transition to a Siecor Hybrid, single- mode/multi-mode, Outdoor rated, loose-robe fiber optic cable, and will route in PVC innerduct out through a roof aocess. Once on the roof, the innerduct and fiber will enter one two inch pvc schedule 40 conduit, and w/il route across the roof, down the overhead walk, way, and underground to the public works building. Once in the Public works IDF location, the fiber optic cable will terminate into a Siecor wall mount fiber enclosure. Next, two additional fiber enclosures ,~fll be installed, each to contain one Siecor Hybrid 12/6, single-mode/multi-mode, Plenum rated fiber optic cable rated for indoor and outdoor use. One cable will route From this IDF location out to the Tax collectors in Building #3, and the other will route to Count)' Administration in Building #7. Once all innerduct and fiber optic cable are in place, the multi-mode portion of the cable will be terminated utilizing SC style connectors, and the single-mode portion of the cable will be terminated utilizing ST style connectors. All fiber optic cable will be tested and certified upon completion, and printed test reports will be provided during the firml walk-through. Materials and Labor: 250'- Siecor Hybrid 24/12 Plenum SrrffMm .................... $1,609.50 1200'- Siecor Hybrid 24/12 Outdoor Srn/Mm .............. $ 9,604.50 1480'- Siecor Hybrid 12/6 Plenum Sm/Mm ............... $ 3,708.00 Pg. ~ Dec 30 99 09:lla Rodneu OR Jouce 941-SG1-083~ p.3 1200'- 1" Plenum innerduct ....................................... $ 1700'- 1 ' PVC irm~duct .......................................... $ 800'- Sch 40 2 inch pvc conduit ................................. $ 1- 12x12x6 pre junction boxes ................................... $ 1- Siecor Rack mount fiber cabinet .............................. $ 1- Siecor wail mount fusion splice enclosure ................... $ 3- Siecor wall mount distn'bution cabinets ....................... $ 2- Siecor wall mount termination cabinets ...................... $ 6- Siecor 12 port SC coupler panels .............................. $ 6- Siecor 12 port ST coupler panels .............................. $ 12- 1 meter SC/SC fiber optic patch cables(multi-mode) ...... $ 1 - misc. 2 tach pvc conduit parts ................................. $ 36- Misc. fusion splices and related hardware .................. 1 - Aerial lift rental for conduit installation ...................... $ 1- Printed test reports for single mode and multi-mode ......... $ 1- Rack mount media convener chassis .......................... $ 8- 100 Meg. Fast Ethernet fiber/copper media converters ...... $ 96- Multi-Mode SC fiber optic connectors ....................... $ 5,510.00 2,755.00 220.00 220.00 284.01 122.31 495.00 487.50 363.00 381.00 540,00 300.00 900.00 300.00 750.00 271.86 2,910.00 1,086.31 48- Sing;lc-Mode ST Fiber optic connectors ..................... $1,067.76 Materials Total .............. $ 33,885.75 Tax ............. $ 0.00 Labor Total ............. $ 24,401.31 Final Project Total ............ $ 58,287,06 WE PROPOSE hereby to fiamish materials and labor in ac, coffee with the above specifications for the sum of ........................... $ 58,287.06 FIFTY EIGHT THOUSAND TWO HUNDRED AND EIGHTY SEVEN DOLLARS AND 06/100 Payment Terms: Total mount due upon completion Authorizing Signature: Collier County Sheriff's office AuthoriZing Signature: Fiber Solutions Inc. AGENDA I~,EM No,, (_A/h F' j o o 2.300 JAN-_?8-~ ~'R: i~:SG ID:COMTEL B_,$!NES$ TELEPHONE S~'ST£MS~ INC. T~--L: ~l ZE3. 4~2~ P:~2 COMTEL Business Telephone Systems gO, BOX 7504 · NAPLES, FLORIDA 34101 · OFFICE: (941) 262-0847 · FAX (941) 262-4829 Proposal Fiber Optic Cable COLLIER COUNTY SHERIFFS OFFICE JANUARY 28,2000 Price quoted to install 250 ft of fiber optic cable single mode/multi mode of plenum indoor fiber optic cable and 250 ft of 1' Plenum inner duct fiber cable from Sheriffs Administration building MDF to central IDI,' location. Wall mount splice closure will be installed nnd will on,lain 30 six fusion splices, Fiber will then be transition to a Hybrid single mode/multi mode, outdoor rated, loose tube fiber optic cable and will be routed to PVC inner duct out through roof excess. Once on the roof the inner duct fiber will enter a 2' PVC scheduled 40 conduit pipe and go across the roof down to the overhead walk way and underground to the public works building to IDF location (a_), that building the fiber optic cable will then be terminated in a wall mount fiber enclosure. Then 2 fiber enclosures will be installed each to contain one Hybrid 12/6 single mode/multi mode Plenum rated fiber then routed from this IDF location to 'l'ax collectors i~ building # 3 and nnother will be routed to County Administrators in building # 7. Once all fiber optic cables are in place thc multi portion of fiber cable will be terminated utilizing SC style con,ectors. All fiber cable will be tested and certified upon completion of final balk through. Price Quoted for all Material: Price Quoted for labor: Total Price for Job: $ 39,7{)7.00 $ 29,28 I.;3 I $ 68,988.31 Due upon completion of job Seller: Connie] Business Telephone, lac, .a~l (~oodlette Rd. North # O. ll)0 .Naples, FI. $410Z Buyer: AG E ND.A/IT_.EJV! No. pg. /" Electrical Services by Phillips, Inc. Cablenet Communications 5520 Cynthia Lane Naples, FL 34112 (941) 417-2800 26 January 2000 Collier County Sheriff's Office ATTN: Damian DeAndreas 3301 Tamiami Trail Bldg J Naples, FL 34112 Dear Sirs, In regards to >'our request for submission of a bid for the fiber solution as per your specifications, I regretfuih.' must decline. After conducting the project site survey and evaluating the details outlined as per your specifications, I presently would be unable to commit to a project of this magnitude, specifically due to a current lack of available manpower. Rather than jeopardizing our well-established relationship by bidding on something where I could anticipate possible manpower problems, I would rather ask that you consider our company for future projects and accept my gratitude for considering us for this opportunity. Best Regards. Jer~ Phillips President Use elevator shaft to 5th & 6th floor Propose Fiber Optics to Clerk of Court, Tax Collector, Property Appraiser Building Building C1 Building F IUnderground using existing conduit F ;Underground -~~ using existing conduit £ Building D Building L I Underground "-'~ next to sidewalk new conduit 1 st Pillar On top of roof from BLD -J & part of Walkway new conduit F E3 U 2060 Pg. EXECUTIVE SUMMARY PETITION: PUD-86-12 (4), BLAIR A. FOLEY OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING TRANSEASTERN PROPERTIES, INC., ARTHUR FALCONE, PRESIDENT, REQUESTING AN AMENDMENT TO THE "BRETONNE PARK" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF INCREASING THE BUILDING HEIGHT OF THE MULTI-FAMILY BUILDINGS FROM THREE (3) STORIES TO FOUR (4) STORIES IN TRACT "J" OF THE BRETONNE PARK PUD THAT IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) AND SOUTH SIDE OF RADIO ROAD (CR-856) IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Bretonne Park PUD, Ordinance Number 87-15 as amended for the purpose of' increasing the building height of the muhi-family buildings in Tract "J" from 3 stories to 4 stories This development is no,,,;' knov,'n as Glen Eagles Golf and Country Club. CONSIDERATIONS: The purpose of the proposed amendment to Section 3.9, (MAXIMUM HEIGHT) is intended to allow a maximum building height of three stories for multi-family condominium buildings except on Tract "J' which may have four story condominium buildings. The petitioner states that only four buildings in this tract will be constructed at 4 stories while the remaining buildings will be constructed at 3 stories. Tract "J" is located adjacent to the golf course Tract "T-3" and is accessed at the east-end of Weston Way. The applicant indicates that the proposed change in height is necessary due to changes in market conditions. 1t should be noted that the proposed change would not add additional dwelling units or increase thc densitx of the PUT) oxer the amount that is currently approved for this PUD. As a result, the proposed revision to increase the approved building height to 4 stories on Tract "J" does not adversely impact any adopted level of service standard or bring about reductions to setback requirements for any principle structure. With respect to the matter of compatibility with the adjacent properties, Tract "J" is isolated from the other residential tracts within this development since the Glen Eagle Golf Course (Tract "T-3") surrounds it. In addition, there is an existing Community Center and Golf Course (Tract "A") located on the north side of Glen Eagle Boulevard while a preserve area (approximately 12.65 acres) is located along the eastern PUD boundary that provides additional buffering between the adjacent residential areas. Furthermore, the proposed increase in building height is proposed for only 4 buildings. The petitioner indicates that this will allow for taller buildings with smaller footprints that will provide a slight increase in open space. Lastly, the Bretonne Park PUD currently allows for a 4 story building on lract "B" for an assisted living facili~. Therefore, this amendment does nothing to change approx ed PI!D density since tile same number of units could be developed on Tract "J" if developed x~ ~th thrc~ storx structures. .,,./,,z('A} / FEB 0 8 2000 In regards to consistency with the Growth Management Plan, the subject site is within the Urban- Mixed Use District, Urban Residential Sub-district of the Future Land Use Element (FLUE) that permits residential uses such as the proposed 4 story multi-family buildings. There are also no additional site-generated trips resulting from this amendment. 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). Therefore, this petition is consistent with the GMP. Staff is of the opinion that the proposed increases in the maximum building height won't adverselY impact any residential uses since Tract "J" is not adjacent to any other residential tract and is buffered by the golf course facility. In addition, this amendment will not adversely impact the development strategy for the Bretonne Park PUD or adversely effect the approved consistency relationship of this PUD. It should be noted that the regulation of height is one of the oldest zoning concerns, which even predates the advent of comprehensive zoning ordinances. Primarily, height limits were first used as a crude xx ax' to control density and as a means of keeping buildings within the protective capabilities of th<. local fire departments. Currently, the Bretonne Park PUD allows for 1,380 dwelling units at a density of 4.14 units per acre. Since the PUD document does not assign a specific number of units to any of the tracts, some tracts have been developed at a lower density while other tracts have been or will be developed at a higher density as was envisioned with the approval of the PUD Master Plan. Therefore, the overall density of this PUD still remains 4.14 units per acre. In addition, the approved setbacks, parking, lm~dscape and buffering requirements contained within the PUD document limit the maximum density within Tract "J". In regards to fire safety, the Fire Department has indicated that they have the equipment to handle 4-story buildings so this is not an issue. FISCAL IMPACT: It should be noted that this amendment is only to increase the building heights in Tract "J" and will not increase tile imensity of the PUD. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWIH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) couldn't ha., e an adverse impact on the GMP. This petition was reviewed for consistency and was found to be cons~s~em xxith all the applicable provisions of the GMP. Development permitted by the approval of this petition xx ~li be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier Cotm~x Land Developmenl Code. ~Grd~ll-t.M 2 FEB 0 8 2000 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-86~ 12 (4) subject to the conditions of approval that have been incorporated into the PUD document. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Due to the minor change to this petition, no Environmental Impact Statement (EIS) was required. As a result, this item was not required to be heard by the Environmental Advisoo' Council (EAC). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on January 20, 2000. They recommend by an 8 to 0 vote to forward this petition to the Board of County Commissioners with a recommendation of approval. It should be noted that approximately 7 persons addressed the Planning Commission to express their objection to the proposed increase in height. Their primary concern was that a four-story building was not compatible with the two and three story condominiums within Glen Eagle. Therefore, their property values could be adversely impacted. Staff has also received ten (10) letters of oisiection and a petition with approximately 124 signatures opposing this amendment. Hoxvever. the Planning Commissioners determined that that Tract "J" was sufficiently buffered by the golf course and buffer areas that the increase in building height would not impact circulation of light and air with the other residential tracts. In addition, the PLrD was approved with a mix of uses that include single family, two and three story multi-family buildings along with a 4 story Assisted Living Facility. As a result, the proposed 4-stors,' condominiums in Tract "J" are compatible with the other uses within this PUD. The CCPC's recommendation of approval included a stipulation that the distance between structures be changed to "Half the sum of the height of the buildings. Because of the expressed opposition to this amendment, this petition could not be placed on the Summary Agenda. FEB 0 8 2000 RAY BTE, L'LOWS. PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: RONA~I,D F. NI~0~ ,~I~. MANAGER C! RRENT PLANZNING SECTION DATE ROBERT J. MULttERE. AICP. DIRECTOR 7 PLAN.~ING SER~ ICES DEPARTMENT DATE APPROk'ED BY: ~ i . . ~ ~'~I~,~ . VIN CENT A. }'A(TTERO. AICP. ADMINISTRATOR T T ' T T (()MMI'NITT DEV. AND ENX'IRONMENTAL SVCS. DATE PL'D-80-12 t4~ [{N ~!'MM \I<'V RVB rb AC=ENDA ITEM FEB 0 8 2000 AGENDA ITEM 7-J TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 3. 2000 PETITION NO: PUD-86-12 (4), AMENDMENT TO BRETON~CE PARK PUD ~GENT/APPLICAN'T: .&gent: Blair A. Foley. P. E. Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, Florida 34102 Transeastem Properties, Inc. Arthur Falcone, President 3300 University Drive Coral Springs. Florida 33065 GEOGRAPHIC LOCATION: The subject PUD is located on the south side of Radio Road (CR-856). north side of Davis Boulevard I SR-84) and opposite Count',, Barn Road in Section 5. Township 50 South, Range 26 East. (See iljustranon on following page) REQUESTED ACTION: The petitioner seeks to amend the Bretorme Park PUD (Ordinance Number 98-12) for the purpose of increasing the maximum building height of the multi-family condominium buildings ~n Tract "J" from three stones to 4 stories. PURPOSE/DESCRIPTION OF PROJECT: The purpose of the proposed amendment to Section 3.9, (MAXIMUM HEIGHT) is intended to allox~ a maximum building height of three stones for multi-family condominium buildings except on Tract "J" which ma,,' have four story condominium buildings. Tract "J" is located adjacem to the golf' course Tract "%3" and is accessed at the east end of Weston Way. The applicant indicates that the proposed change unit tS."pe and height ~s necessary, due to cha' ,~e~ in market conditions. ~o.do~/~) I FEB 0 8 2000 ,.4' PUD MH RADI~ f PUD-86- 12 (4) TRACT SURROUNDING LAND USE AYD ZONING: Existing Conditions: The subject PUD is currently experiencing substantial development, however, the currently approved multi-family Tract "J" is undeveloped. The property is zoned Bretorme Park PUD. Surrounding: North: East: South: West: -Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park PUD". Further north is Radio Road and Berkshire Lakes residential. - Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park PUD". - Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park PUD". Further south is Davis Boulevard and undeveloped residential; Zoned: "RMF-6" & "E'. -Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park PUD". Further west is the Saxon Manor Isles PUD GROV(TH M,-MNAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban Mixed Use - Urban Residential Sub- district on the Future Land Use Map to the Growth Management Plan (GMP). A review of consistency relationships Wqth elements of the GMP is as follows: Future Land Use Element - The proposed amendment to increase the maximum building height within Tract "J" will not effect the approved consistency relationship of this PUD. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted at a base dens,tv of 4 units per acre along with certain nonresidential uses such as churches, schools, child care centers. Based on this condition, this petition is consistent with the Future Land Use Element tFLUE) of the GMP. ItI STORI C/ARCHAEOLOGI CAL IMPACT: Staffs analysis indicates that the petmoner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if dunng the course of site cleanng, excavation or other construction activity an historic or archaeological artifact is found, all development within the mm~mum area necessary to protect the discovery shall be immediately stopped and the Colher (_ oun9' Code Enforcement Depanxnent contacted. EVALUATION FOR EN~vlRON31ENTAL TRANSPORTATION & ENFRASTRUCT~: 7h:s pention was referred to all appropriate County agencies for their review. Since no level of service ~LOS~ standard will be adversely affected by this amendment, these agencies have recommended approval FEB 0 8 2000 ANALYSIS: The proposed revision to the PUD document does not adversely impact any adopted level of service standard or bring about reductions to setback requirements for any principle structure. This amendment only allows for the tncrease in building height in Tract "J" only from three stories to 4 stories. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Bretonne Park PUD or effect the currently approved residential properties within or adjacent to the PUD. Since Tract "J" is surrounded by the Glen Eagle golf course, the proposed increase in building height will allow for taller buildings with smaller footprints which will provide greater open space. Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. The surrounding properties include the folloWing land uses: ',¥i*.h respect to the matter of compatibility with the adjacent properties, the lands to the north, south, east and west of Tract "J" contain the Glen Eagle golf course (Tract "T-Y') which is also zoned as the Bretonne Park PUD. There is an existing Community Center and Golf Course (Tract "A") located on the north side of Glen Eagle Boulevard. In addition, Parcel 5A (12.65 acres) is located along the eastern PUD boundary with Berkshire Lakes will provide additional buffering between the adjacent residential areas. Therefore, staff is of the opinion that the proposed increases in the maximum building height won't adversely impact any residential uses since Tract "J" is buffered by the golf course facility. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is consistency with the land uses allowed in the FLUE. In the case at hand. and based upon the Furore Land Use Plan. we have an expectation that the land will be used and developed for those res~dentml land uses author/zed within the PUD. This includes the approved multi-family development m Tract "J". The proposed amendment to allow for an increase to the maximum building height does not adversely impact the consistency relationship Wnth the FLUE. Therefore. staff is of the opinion that the subject petition is consistent with the Collier County Grow~th Management Plan and is therefore compatible with other approved land uses in the area. Regarding the matter of timing, it should be appreciated that urban development completely encircles the site. After considering the availability, of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Traffic - The proposed amendment will not create any site-generated trips, therefore, no roadway level of service will be adversely impacted. Utility_ Infrastructure - Both a public sanitary sewer and municipal water supply are available to the property. All development must comply W~th surface water management requirements ~nvoked at the time of site development plan approval as the case will be for development of Tract AGENDA ITL FEB 0 8 2000 STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-86-12 (4) for the purposes of amending Section 3.9 of the Bretonne Park. ~Y~LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION RON,M~D F. NINO. AICP, MANAGER CURRENrT PL.&N~G SECTION R/OB~CP, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO. AICP, ADMINISTRATOR COMML.'NITY DEV..~ND ENVIRONMENTAL SVCS. Staff Report for The Januau' 20. 2000 CCPC meeting. 1.4,0C3 DATE 1.%'00 DATE DATE DATE COLLIER COU~NTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN RVB/rb' STAFF REPORT?PUD-86-12 (4) FEB 0 8 2000 Lml J~u4, ql*I I mmmllm~ amm~ Bmmm~ imm,.~ ~mm li~mmm bm ~miim~ 4mmmBimmm 10/29/99 09:07 F.~ 9416436968 COLLIER CO COHM~ITY DEV ~004 PETITION NUMBER Name of Applicant (s) Transeastern Properties, Inc. Applican='s Hailing Address 3300 University Drive City Coral Sprin~s State Florida Zip Applicant's Telephone Number: Res.: Bus.: Is the applicant 'the owner of the subject property? Y,as X ' No 33065 954-346-9700 .... (a) If appli=ant 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, limite~ 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. Arthur Falcone - President, Phil Cucci - Vice-President, Edward Falcon - Vice President (If space is inadequate, attach on separate page.) 2. Name of Agent Blair A. Fole~v, P.E. Firm Coastal Engineering Consultants, ~nc. Agents Mailing Address 3106 S. Horseshoe Drive City Naples State Florida Zip 34102 A. Telephone Number' Res.: N/A BUS.: 643-2324 10/29 '99 09:00 AC-.ENDA I'I'~M FEB 0 8 2000 ~u/~u~/~ 09:07 FAX 9416436968 ~COLLIER CO COMMUNITY DEV' ~]005 3. PUD ORDENA/~¢~- NAIVE AND B1]MBER: The Brettone Park PUD 98-112 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVE~ED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more t/%an one z~ning distri~, include separate legal description for property i~volve4 in each ~imtri~:. If property is odd-ehape~, submit five (5) ~piem of survey (1N to 400' scale). THE APPLICANT IS P-ESPONSIBLE FOR SUPPLYING TKE CORRECT LEGAL DESCRIPTION. IF QUESTIlONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE ~EQUII~ED. SECTION 5 ~WNSHIP 50 South RANGE 26 East Tract J, Embassy Woods Golf and Country Club at Brettone Park, Phase Two, a Subdivision of a Portion of Section 5~ Township 50 South, Range 26 East, . - Collier Soumtv, Plorida. Contains 734,129.560 Square Feet or 16.85 Acres of Land >~cre cr Less. Subject to Easements, Restrictions and Reservations of Record. Address or location of subject proper~y Tract J within GLen Eagle PUD - Off of Davis Boulevard in East Naples. Does property owner own contiguous property to ~he subject property? If so, give complete legal ~eecriptton of entire contiguous property. (If space iS ina~e~uate, attach on separate page). Tract "J" is internal to PUD TYPE OF AMENDMENT: X A. PUD Document Language Amendment PUD Master Plan Amendment C. Development Order Language DOES AMENDMENT COMPLY WITH THE COMPREHENSIV~ PLAN: __No If no, ~:x~lain: X Yes HAS A PUBLIC HEA~:ING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? Transeastern Propertie.s~ Inc. PETITION ~: DATE: October, 1999 insubstantial Change to PUD Master Plan 10/~9 '99 0~:00 FEB I] 8 2000 10/29/99 09:07 FA~ 9416436968 COLLIER CO COII~'UNITY DEV 8006 HAS ANY PORTION O? THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ;~.~¥ CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). The project is currently being developed. No portion of Tract "3" has been developed or sold. See Attached Affidavit We, N/A being first duly sworn, depose and say ~hat we: are the owners of %he property described herein and which is t~ subject matter of the proposed hearing; that all the answers ~o the questions in this application, and all sketches, data, and other supplementary matter attached to and made a par~ of this ag~lication, are honest and true to the best of our knowledge and belief. We understan~ this application must ~ ~be completed and acc%/rate before a.hearing can be advertised. We further permit the un~ersigned to act as our representative in any matters regarding this; Petition. NOTE: SIGNATURES OF A/~ OWNERS ARE MANDATORY. N/A .GNATLTRE OF OWNER N/A SIGNATURE OF OWNER N/A SIGNATURE OF AGENT State of Florida County of Collier The foregoing_~pplication was acknowledged before me this N/A day of N/A , 199 by N/A , who is personally known to me or who h-~s produced N/A as identificatio~ and who did (did not) take an oath. N/A (Signature of Notary Public) N/A NOTARY PUBLIC Commission $ N/A My Commission Expires: PUD\DO APPLICATION/md/4128 10~ '~ 0~ :00 AGENDA ITEM FEB 0 8 2000 SECTION THIRTEEN: Subsection 3.9, Maximum Height, of Ordinance 982112 is hereby amended as follows: 3.9. MAXIMUM HEIGHT A. Single family detached residential, single family attached residential, zero lot line residential, patio homes, estate homes, villas and townhouses: three stories B. Garden Apartments and Multi-Family Condominiums: three stories except Tract "J" which may have four story multi-family condominium buildings. J: ~DA TA 19 755 7LP UD Revision - Section Tt AGENDA ITE FEB 0 8 2000 9,11 TRANSEASTERN 'AFFIDAVIT We; TRANSEASTERN PROPERTIES, INC., bai~tg duly sworn.. depose and say that I am/are the owners of the property described herein and which Is the subject matter o1' 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 appllcmfion, are honest and true to the best of our knowledge and belle[ I understand this application must be completed and accurate before a hearing can be advertised. further permit the undersigned to act as our representative in any matters regarding this Petition. AI~THUR F .F .~RESlOENT -- CHARLES ia. BLACK/AGENT jilt A I~.ww, PUD IN~UBSTANTL~L APP~CJ~TION 3300 University Drive, Coral Springs, FL 33065 o (954) 346.9700 Fax (954) 346-9704 - httpJ/www.transeastem.com 'd I~GO'ON AGE. DA FEB 0 $ 2000 650, Saratoga Circle, C-206, Naples, Florida, 34104, 12t~ January,2000 Dear Sirs, I wish to register my objection to the proposed increase in building height at the Property located on Davis Boulevard (SR. 84) in Section 5, Tract J, Township 50 South. Range 26 East Naples, Florida. Transeastem Properties have already done sufficient damage to the neighbouring environment in Glen Eagle Country Club with an almost complete deforestation of that property except for a token planting of a few palm trees. Any further increase in building volume by them, either horizontally or vertically, should be resisted. Thanking you for taking note of my objection to changes m the Bretone Park PUD. Yours sincerely, James H. White, M.D.,F.A.C.S. AGENDA ITEM / FEB 0 8 2000 January 12, 2888 Collier County Current Planning Section Development Services Building 2888 North Horseshoe Drive East Naples, Florida This is in response to your letter dated December 38, 1999 distributed to property owners within 388 feet of Brettone Park concerning the developer's request for rezoning, increasing condominium heights in their tract J from 3 stories to 4 stories. I am not aware of any 4 story condominiums presently in East Naples. If any there are not too many. There should be a limit as a means of controlling the population density and retaining the suburban atmosphere we presently enjoy. An approual in this instance would set a precedent that would be hard to ignore for future requests. "How high is up"? It seems as though this action would increase the density by one third unless the request prouides for reduced number of units elsewhere in the deuelopment. I am sure this would one of your considerations, but my concern is the uiew and tendency toward uncontrolled growth that we presently experience with accompanying problems with roads, water etc. I am against the request to increase the building height here or elsewhere in East Naples. Respectfully yours, 233 ST. James Way Naples, Florida 34184 941 455-3779 CC Tim Constantine 2{300 Ali & Mike Frimpter 205 St. James Way Naples, FL 34104-6715 1/12/2000 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive Naples, FL 34104 This is to comment on the request PUD-86-12(4), to rezone Planned Unit Development known as Brettone Park PUD to increase heights of multi-family condominium buildings from 3 to 4 stories in Tract J, Section 5, Township 50 South, Range 2t~ East, Collier County, Florida. We live at 205 St. James Way, property which we own within 300 feet of Brettone Park, which is now known as "Glen Eagle." 1. We oppose the requested change, first and foremost, because it would allow buildings, constructed on property adjacent to our home, to be increased in height by approximately one third ((height of 4 floors - height 3 floors) divided by height of 3 floors) beyond the anticipated level. The proximity of four-story buildings next to our one-story home would have a deddediy diminishing impact on our property, our home and the quality of living here. The prospect of four-story hotel-like buildings replacing the existing horizon and blotting out part of the Florida sky is undesirable to us. Four-story buildings would be inconsistent with the surrounding development. A field reconnaissance showed that there are no four-story buildings in the three square mile area between Radio Rd., Davis Blvd., Santa Barbara Blvd., and Airport- Pulling Rd. Indeed, there do not seem to be any four-story buildings within a much larger radius of Brettone Park. The nearest four-story building we know of is Baymont Hotel located near the intersection of routes SR 84 and SR 951, two and one half miles east of Brettone Park. A drive past Baymont Hotel gives us a perspective on what building height is being proposed. YVhen we consider that Baymont Hotel is an example of a four-story building that is proposed, the visual impact of the proposed change to Brettone Park is very disturbing. Three-story condominiums are the highest in the general area. By allowing construction of higher, four-story, commercial-looking hotel-like structures in Brettone Park rather than the County adopted three-story, condornimum-t~e buildings (SECTION THIRTEEN: Subsection 3.9 MAXIM[ HEIGHT, part B, Brettone Park PUD Ordinance, Adopted 23 August 1988..), the] AGENDA ITE~. FEB 0 8 2000 residential character of the immediate surrounding area would be downgraded. The construction of taller structures is inconsistent with the established appearance of the neighborhood and, consequently, the aesthetic quality of the neighborhood would tend to be degraded, and values of neighboring properties would tend to be depressed. 2. Secondly, we would like to bring to your attention that this request appears to be one of several separate incremental, developmental alterations that are being or have been requested for Brettone Park PUD. Piece meal incremental increases in loading can, when considered in total, have far greater impacts than originally planned and approved. This bit-by-bit or "divide and conquer" approach being used to change the overall development plan for Brettone Park challenges the integrity of the planning process and, if not held in check, could be ultimately detrimental to the community. While individual bits may not appear to have a significant impact to the casual observer, the sum total of several changes can violate the goals of master planning for this portion of Collier County and result in a significant increase of impact on the development itself and on the surrounding neighbors, environment and community, infrastructure. For example, a one-third increase of height probably represents an approximately equal increase of living space and occupancy. The concentrated 33 percent increase of population density will result in attendant increases on the infrastructure. It would increase traffic on Radio Road, a major high-speed corridor for commercial and industrial traffic. Radio Road is the direct transportation link between one of the County's industrial/commercial districts and routes SR 951 and 1-75. When considered in the light of all the other planned and approved development along Radio Road and the areas served by it, addition of this previously unplanned increment of loading will only exacerbate the congestion that already has been predetermined by existing plans and zoning. We urge Collier Count), to preserve the integrity of the County's Brettone Park PUD Ordinance 88-67 that was passed and duly adopted by the Board of County Commissioners of Collier County, Florida, on the 23rd day of August, 1988, to hold the line, and not give in to the developer's requested maximum height increase to greater than any other buildings in the area. Sincerely, Michael H. Frimpte. r ~' - Alice M. Frimpter FEB 0 8 2OO0 January l0,2000 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples. FL 34104 Re: Transeastem Properties Tract J 4 Stories From 3 As nearby property owners, we are opposed to any changes in the scope, size, shape or density if an); nearby buildings. Transeastem purchased this development with existing permits in place. They should live with that permits existed. We can be reached at 516-294-1151. Tha,,nk Y°U' t D//~ 72 Fourth Street Garden City, NY 11530 Patricia Tenaglia ~ 400 HarYard £ourt Naples, FL FEB Il It 2000 Collier County Planning Commission 3301 E. Tamiami Trial Naples, Florida, 34104 January 12, 2000 I ......... 7.. ..&.lI - :Z_Z." - PUD-86-12(4) Rezoning Request of Trans Eastern Properties Inc. at Glen Eagle Golf & Co. Club-TractJ. Gentlemen: As Property owners in Saratoga Colony (adjacent to the proposed rezoning site) we strongly urge denial of this request to allow four story multi-family units instead of three. Our reasons for the opposition are many. It would be out-of-character from the rest of the development that permits only three stories. It will cause an increased density of living units, people and motor vehicles in an already close area and result in a decrease in property valuation for other present residence units in the area. This developer has not lived up to the promises made to the residents of Glen Eagle and the golf course is being so narrowed (to give more building space) that the golf course is aldn to hitting a golf ball down a bowling alley. The property stakes on this proposed condo also infringe onto the golf course. In our opinion, the developer is destroying the basic character and layout of the golf course Had we known this would occur we would not have purchased a residence in this development. We also feel that adding four stories to proposed condo units will be asethically inconsistent with the three story condo units in the development. Denial of the rezoning request will not work a hardship on the developer. The developer already has added additional land and housing units not contemplated in the original development. ( The Whittenberg Lake property to the West). The developer is squeezing the land so bad it affects the liveability of the area and the golf course. Please deny this greedy request. Sincerely yours, 525 Saratoga Circle Gl03 Naples, FI. 34104 FEB 015 2000 FEB 0 I~ ZOO0 Pg .~ Peter Freund Jr. 413 Countryside Drive Naples, FI. 34104-6723 (941) 353-1338 January 5, 2000 Collier County Government Planning Services Dept. 2800 N. Horseshoe Drive Naples, Fl. 34104 Pi' Brertone Park Planned Unit Development Gent 1 We want to go on record that we are greatly opposed to the rezoning of any properties in our area from 3 stories to 4 stories in building height. The current building restrictions are the reason we moved into this residential area in the first place. Any relaxation therof would soon bring on requests for more and more height rezonings, and before long we could be living among concrete canyons. Please preserx, e and protect our residential area here from greedy and :~n~eeiing developers. Respectfully yours, Pete~ Freund J/' Katherine Freund FEB 0 8 2000 p~._ -- ~__.~ 2_o0? A Petition to the Collier County Planning Commission We the undersigned property owners of Glen Eagle Golf & C.C. respectfully request the Planning Comission to deny Transeastem Properties request to rezone Tract J of Bretonne Park PUD to permit the construction of condominium buildings four stories in height rather than the three story buildings already approved. Our objection is based on the contention that such an increase would reduce our property values, because the excessive height of the buildings and the ability of Transeastem to sell the condos at a price far below comparable traits in the area. Nam6/Address , 3 8. j. r' ,z/-d-FZ d ~tg D A Petition to the Collier County Planning Commission Name/Address AC-mE. DQ)A ITFr. JWl .,_/~.,a') ? FEB 0 B 2000 A Petition to the Collier County Planning Commission We the undersigned property owners of Glen Eagle Golf & C.C. respectfully request the Planning Comission to deny Transeastem Properties request to rezone Tract J of Bretonne Park PUD to permit the construction of condominium buildings four stories in height rather than the three story buildings already approved. Our objection is based on the contention that such an increase would reduce our property values, because the excessive height of the buildings and the ability of Transeastem to sell the condos at a price far below comparable units in the area. Name/Address J~oI Jt Io/ ITEM FEB 0 8 2O00 A Petition to the Collier County Planning Commission Name/Address . ~ AGENDA ITEM FEB 0 ~ 2000 A Petition to the Collier County Planning Commission We the undersigned property owners of Glen Eagle Golf & C.C. respectfully request the Planning Comission to deny Transeastem Properties request to rezone Tract J of Bretonne Park PUD to permit the construction of condominium buildings four stories in height rather than the three story buildings already approved. Our objection is based on the contention that such an increase would reduce our property values, because the excessive height of the buildings and the ability of Transeastem to sell the condos at a price far below comparable units in the area. Name/Address A Petition to the Collier County Planning Commission Name/Address FEB 0 8 21:100 A Petition to the Collier County Planning Commission We the undersigned property owners of Glen Eagle Golf & C.C. respectfully request the Planning Comission to deny Transeastem Properties request to rezone Tract J of Bretonne Park PUD to permit the construction of condominium buildings four stories in height rather than the three story buildings already approved. Our objection is based on the contention that such an increase would reduce our property values, because the excessive height of the buildings and the ability of Transeastem to sell the condos at a price far below comparable units in the area. Name/Address FEB 0 8 2000 Pg. ~ A Petition to the Collier County Planning Commission Nam//~/Address/} FEB 0 ~ 200~ A Petition to the Collier County Planning Commission We the undersigned property owners of Glen Eagle Golf & C.C. respectfully request the Planning Comission to deny Transeastem Properties request to rezone Tract J of Bretonne Park PUD to permit the construction of condominium buildings four stories in height rather than the three story buildings already approved. Our objection is based on the contention that such an increase would reduce our property values, because the excessive height of the buildings and the ability of Transeastern to sell the condos at a price far below comparable units in the area. Name/~ddress FEB I] 8 2000 A Petition to the Collier County Planning Commission Name/Address FEB 0 8 2000 A Petition to the Collier County Planning Commission We the undersigned property owners of Glen Eagle Golf & C.C. respectfully request the Planning Comission to deny Transeastem Properties request to rezone Tract J of Bretonne Park PUD to permit the construction of condominium buildings four stories in height rather than the three story buildings already approved. Our objection is based on the contention that such an increase would reduce our property values, because the excessive height of the buildings and the ability of Transeastem to sell the condos at a price far below comparable units in the area. Name/Address tt ) FEB 13 ~ 2000 A Petition to the Collier County Planning Commission Name/Address f TOL; /' ~' Z, 7/~ ~' " // /,, j I 4 75zo 6 ¥7¢0 ~ 79'0 /'3-/0 Y FEB 0 8 2000 .~._ ' .3'/ ORDINANCE 2000- .~N ORDLNA_NCE AMENDING ORDINANCE N'U~'MBER 8%15, AS AMENDED, THE BRETONNE PARK PLA_N.'BTED UNIT DEVELOPMENT BY AaME:N~DING SL-BSECTION 3.9 MAXIMUM H:EIGHT; AND BY PROVIDING AN EFFECTIVE DATE. V~q-IEtLEAS, on April 7, 1987, the Board of County Commissioners approved Ordinance Number 87-15, which established the Bretonne Park Planned Unit Development; and %q-~REAS. on Au~st 23, 1958, the Board of County Commissioners approved Ordinance Number 88-67, which amended OTdinance Number 87-15, the Bretonne Park Planned Unit Development; and WH:EREAS. on February 25. 1989, the Board of Count~ Commissioners approved Ordinance Number $% !8 to ca,oct sc.-iveners e.':.ors appearing m Ordinance 88-67, and WHERLAS. on December $. 2998, the Board of County. Commissioners approved Ordinance Number 98-: i2 which amended O:oiinance Number 88-67, the Bretonne Park Pla-mod Unit Deveio?men:: a:d U, TEEREAS. Blair A Foley of Coastal Engineering Consultants, Inc., representing Transeastern Properties, Inc. petitioned the Boarcl of County Commissioners of Collier County, Flonda~ to amend Ordinance 8'7-15. as amended NOV,' 7HEKEFOKE. BE IT ORDAENED BY (70.X~ESS~ON~RS OF COLLLER COL.'NTY, FLORfD.& that THE BO.~'LD OF COU.'NTY SECTION ONE ~..dENY)>IEN-[~ TO M.-LXLML.~.I I-~IGHT SECTION S~bsec:ioa ~ 9. Maximum Height of Ordinance 87-15, ~ amended by Ordin~ce 88-67, as amended to read as follows 3.9 M.&~ ~IG~ A Single folly detached residential, single f~ty a~ached residenti~, zero lot~ne residential, patio homes, estate homes, ~illas ~d tow~ouses: ~o stories_ B Multi-fa~lv condo~mums: t~ee stories except Tract "Y' w~ch may have four store multi-fa~iv condomi~um buildings. Words underlined are added; words ..... ' ........ ~' AGENI)A are{r[~c~d2000 SECTION TWO: EFFECTI\T DATE This Ordinance shall become effective upon filing with the Department of State PASSED .AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2000. BO,ad:kD OF COL~"NTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ATTEST: DWIGHT E BROCK. CLERK Approved as to Form and Lega', Su~cienc,, MaUo~e M Student Assistant Co:antv Attorney g ac. mm PUD-gO- i 2 ~' ', RB ts Words unm__.ined are added; words 9cruel[ thrcu~b FEB 0 8, 2000 are deleted EXECUTIVE SUMMARY PETITION: PUD-92-4 (1), RICH YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, REPRESENTING BONITA BAY PROPERTIES, INC., REQUESTING AN AMENDMENT TO THE GOLDEN GATE HEALTH PARK PUD HAVING THE EFFECT OF CHANGING THE NAME TO GOLDEN GATE COMMERCE PARK, ELIMINATING HOSPITAL AND SOME MEDICAL CENTER USES, ADDiNG RETAIL COMMERCIAL, OFFICE, HOTEL, ASSISTED LIVING FACILITIES (ALF) AND RESIDENTIAL USES FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF C.R. 951 AND ACCESS ROAD #2 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting a rezone from PUD to PUD for the purpose of amending the Golden Gate Health Park Planned Unit Development (PUD), Ordinance Number 92-82 as noted above. CONSIDER~a, TIONS: On October 27, 1992 the Board of County Commissioners approved this 74.2-acre PUD allowing 273 multi-family dwelling units (7 dwelling units per acre), 170,000 square feet of medical office uses, a 14,000 square feet medical center, and a 100-bed hospital. The subject property was subsequently added to Activity Center #9 through the EAR Growth Management Plan amendment process. The current property owner is now proposing an amendment to the PUD in response to changing market conditions. As a result, this amendment proposes to change the PUD name from the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate some of the medical office uses, hospital, and the medical center as permitted uses. They are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the maximum number of residential units from 273 units to 588 units. There is also an assisted living facility tract at the south property line. The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and will be within Activity Center #9 when the EAR Growth Management Plan amendments are found to be in compliance by DCA. The subject site is located in the northwest quadrant of the C.R. 951 and 1-75 interchange as designated on the Future Land Use Element (FLUE) of the GMP. This new Interchange Activity ('enter will permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. The Activity Center designation will also allow residential density up to 16 units per acre. Based on the adjacent and nearby properties, the proposed commercial uses, and the residential density of 12 units per acre, staff has determined that this petition is consistent with the EAR Growth Management Plan amendment. It should be noted that Interchange Activity Center #9 requires that an Interchange Master Plan (IMP) be developed. The IMP is intended to create an enhanced "gatexvay"' to Naples from I-,'75. "" A~J~IDA ITEM FEB 0 8 2000 The property owner shall initiate the IMP process by meeting with County planning staff within 60 days of adoption and a finding of compliance by DCA of the amendment that includes Activity Center #9. Since the IMP process has not commenced, the petitioner shall be subject to the IMP process once DCA makes a finding of compliance. This amendment is also consistent with the Traffic Circulation Element (TCE) as follows. The proposed amendment will result in an additional 5,460 Weekday trips and 671 PM Peak Hour trips over the amount that could be generated by the approved PUD at build- out in 2005. As a result, this petition will exceed the significance test standard (5 percent of the LOS "C" design volume) on C.R.951. However, the additional trips will not lower the level of service below acceptable standards. The current traffic count for the segment of C.R. 951 fronting the project is 33,375 and is operating at LOS "B". Therefore, this petition is consistent with all policies of the TCE. In regards to compatibility, it should be noted that the adjacent project to the west (the Magnolia Pond PUD) has been approved with similar residential uses and at a density of 5.4 units per acre. This PUD was granted a density bonus since it is within a density band. The proposed Golden Gate Commerce Park amendment increases the project density to 12 units per acre, which is 4 units per acre less than the maximum of 16 units per acre the site is eligible to receive. Since the 49-acre residential tract could be incorporated into the commercial tract that would allow for all commercial uses, staff is not opposed to the proposed density of 12 units per acre, which is less intensive than if the site were developed with all commercial uses. In addition, three other quadrants of this Interchange Activity Center have also been approved and/or developed with commercial uses that are similar to the proposed uses in this PUD. The 1-75/Alligator Alley PUD is approved for 145,000 square feet of commercial floor area while 5,800 square feet has already been built. The Tollgate PUD has also been approved 348,600 square feet of commercial uses while 16,640 square feet has been developed. This PUD was also developed with 172.460 square feet of industrial uses. It should be noted that the undeveloped City Gate PUD to the east is approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastlv~ the proposed development regulations, landscaping, screening and buffering reqmrements contained in this PUD are consistent with the LDC. FISCAL IMPACT: This PUD amendment bx' 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 Improvemeni Element needed to maintain adopted levels of sen, ice 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 xvill be applicable to the addition of 315 dwelling units to this project: Park Impact Fee: · Librarx Impaq,, Fcc' · Fire Impac~ Fee: · School Impact Fee: S578.00 per unit $180.52 per unit $0.15 per square feet under roof $827 per unit 2 FEB 0 8 2000 · Road Impact Fee: · Correctional Facilities · Radon Impact Fee: · EMS Impact Fee: · Building CodeAdm.: · Micro Film Surcharge: $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,758 per unit. Since this project proposes 315 additional units, the total amount of residential impact fees collected at build-out will total $868,772. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community dex clopment review process, whereas utility fees are used on their proportionate share of impact to the CoulI2t\ Sx'Stel~.. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall beloxx 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 dete~nmat~on versus roads that may have local geographic concurrency implications. GROXVTH .M.~NAGEMENT IMPACT: Petitions deemed to be consistent ,xith all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. 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 PLrD-92-4 (1) subject to the conditions of approval that have been incorporated into the PUD doct_m.~ent FEB 0 8 2000 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Current Planning and Engineering staffs have reviewed the petitioner's Environmental Impact Statement (EIS). The EIS indicates that the site does not contain any SFWMD jurisdictional wetlands and the entire 74-acre property is uplands. In addition, the Environmental Advisory Council (EAC) heard this petition on January 5, 2000 and recommended by a 5 to 0 vote to approve the petition subject to the stipulations contained in the EAC staff report and incorporated into the PUD document. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on January 6, 2000. They unanimously recommend (8 to 0) 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 one person objected to the proposed amendment during the Planning Commission meeting. This person indicated that the height of the residential structures along the northern property line should bc limited to one-story. The petitioner stated that the residential building heights will be limited to 35 feet for residential structures along the canal. As a result of this objection, this petition could not be placed on the Summary Agenda. PREPARED BY: RAY BEL'T6WS. PRINCIPAL PLA~ER CURENT PLAX~ING SECTION REVIEV~'ILD BS-: RDNALD Fz:~ ' ,, , MANAGER (4URRENT PLA~ING SECTION ROBL~RT J. MULHERE, AICP, DIRECTOR PLANN1NG SERVICES DEPARTMENT [.ZT.oO DATE DATE DATE APPROVED/BY: VIN('ENT A. CAUTERO. AICP. ADMINISTFL4.TOR COMMt'NI-Ih [')EX' .AND ENVIRONMENTALSVCS. PUD-92-4 (1) I:X St-NIMARY RVB rb DATE AG E N [~ITiIEI~ ~,~~ F E B 0 8 ZOOO AGENDA ITEM 7-H TO: COLLIER COUN'I~ PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: DECEMBER 6, 1999 PETITION NO: PUD-92-4 (1), GOLDEN GATE HEALTH PARK PUD AGENT/APPLICANT: Agent: Mr. Rich Yovanovich Goodlerte, Coleman & Johnson 4001 9m Street North Naples, Florida 34102 Owner: Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard Bonita Springs, Florida 34134 GEOGRAPHIC LOCATION: The sub~ec~ proper%,' ~s located on the northwest comer of C.R. 951 and Access Road No. 2 in Secnon 3-l, Tox~ship ,19 South. Range 26 East. REQUESTED ACTION: The petmoner is requesting a rezone horn PUD to PUD for the purpose of amending the Golden Gate Health Park Planned Unit Developmem (PUT)). PURPOSE/DESCRIPTION OF PROJECT: On October 27, 1992 the Board of County Commissioners approved this 74.2-acre PUD allowing 273 muln-family dwelling units (7 dwelling units per acre), 170,000 square feet of medical office uses. a 14.000 square feet medical center, and a 100-bed hospital. The subject property was subsequently added to Activity Center #9 through the EAR Growth Management Plan amendment process. The current property owner is now proposing an amendment to the approved PUD in response to changUng market conditions and the criteria adopted with the approval of Acnvit>' Center #9. As a result, this amendment proposes to change the PUD name from the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate the med~caJ office, ho?nM, and medical center as permitted uses The3' are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the maxim m 1 FEB 0 8 2000 pg. PUD MASTER PLAN WilsOnM~ - AC.~.NDA FEB 0 I~ 2000 number of residential units from 273 units to 450 dwelling units. The Master Plan indicates that the main entrance road is through the middle of the commercial tract that fronts on C.R. 951. This access point aligns with the approved access point for the City Gate PUD on the East Side of C.R. 951. The residential units are designed around two lakes that are in the center of the residential tract. There is also an assisted living facility tract along the south property line. SURROU,'NDING LAND USE AND ZONING: Existing Conditions: The subject site is undeveloped and is zoned PUD Surrounding: North: East: South: West: Golden Gate canal and Golden Gate City zoned RSF-3. C.R. 951 and the Collier County Water Treatment Plant and the undeveloped Citygate PUD. Vacant land that is zoned Agriculture. Undeveloped multi-family residential zoned Magnolia Pond PUD that was approved for 231 units and at a density, of 5.49 umts per acre. GROI,VTH MANAGEMENT PLAN' CONSISTENCY: This PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with the current Growth Management Plan and land development regulations. Future Land Use Element: The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and will be within Activity Center #9 when the EAR Growth Management Plan amendments are found to be in compliance by DCA. The subject site is located in the northwest quadrant of the C.R. 951 and 1-75 interchange as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This new Interchange Activiw Center will permit commercial and industria] land uses that serve regional markets, provided each such use ;s compatible with existing and approved land uses. This designation will ,~iso allow residentml densitj.' up to 16 units per acre. Based on staff review of the approved land uses on the adjacent and nearby properties, the proposed commercial uses and the residential dens2t¥ of ~2 units per acre is consistent with the EAR Growth Management Plan amendment. It should be noted that Interchange Acnvity Center #9 is subject to the requirement that an Interchange Master Plan (IMP) be developed. The IMP is intended to create an enhanced "gateway" to Naples. The property, owner shall initiate the IMP process by meeting with County planning staff within 60 days of adoption and a finding of compliance of the amendments that include Activity Center #9 by DCA. Since the IMP process has not commenced, the petitioner shall be subject to the IMP process once DCA makes a finding of compliance. Traffic Circulation Element: Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the following comment. The proposed amendment will result in an additional 5,460 Weekday trips and 671 PM Peak Hour trips over the amount that could be generated by the approved PUD at build-out. The TIS indicates that build-out should occur in 2005. The current traffic count for the segment of C.R. 951 fronting the project is 33,375 and is operating at LOS "B". In addition, future traffic volumes W~th and without the project were esuma~cd using the Collier Count' travel model. As a result, this petition will exceed the s~gnificance test standard i5 percent of the LOS "C" design volume) on C.R.951; however, it Wql not lower the level of serv:ce below acceptable standards. F'CC 0 8 2000 Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of a final local development order. Therefore, this petition is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations an~or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore. no HistoncaLiArchaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION OF ENWIRONMENTAL. 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 Deveiopmem £nvironmental and Engineering staff, and the Transportation Services Division. The pemioner has submmed an Environmental Impact Statement (EIS) that indicates that the site does not contain any SFWMD jurisdictional wetlands and the entire 74-acre property, is uplands. As a result, the Enxuronmental Adxusorv Council (EAC) heard this petition on January 5, 2000 and recommended approval subject to the snpulations incorporated into the PUD document. The Transportation Services has also recommended approval. EVALUATION: The purpose of this petition is to amend the Golden Gate ltealth Park PUD even though the process ~s one of rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of administrative convenience by avoiding the requirement to track amendments to the original document in order to understand the totality of the regulations as they apply to this PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the properU' was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required fmdings for PUD rezonlng acl~ons AGEhlDA FEB 0 8 2000 Nevertheless, staff has evaluated the proposed amendment and has the following comments. The evaluation by professional staff should typically include an analysis of the project's consistency with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long-range plan for all furore 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. It may not affect the timing of development because of subsequent permitting requirements. Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the adjacent project to the west (the Magnolia Pond PUD) has been approved with similar residential uses and at a density of 5.4 units per acre. This PUD was granted a density bonus since it is within a density band. The proposed Golden Gate Commerce Park amendment increases the project density to 12 units per acre. which are 4 units per acre less than the maximum of 16 units per acre the site is eligible to receive. Since the 49-acre residential tract could be incorporated ~nto the commercial tract that would allow for all commercial uses, staff is not opposed to the proposed densi~, of 12 units per acre. which is less intensive than all commercial uses. In addmon, three other quadrants of this Interchange Activity Center have also been approved an&or developed with commercial uses that are similar to the proposed uses in this PUD. The 75/Alligator Alley PUD is approved for 145,000 square feet of commercial floor area while 5,800 square feet has already been built. The Tollgate PUD has also been approved 348,600 square feet of commercial uses while 16,640 square feet has been developed. This PUD was also developed with 172,460 square feet of industrial uses. It should be noted that the undeveloped City Gate PUD to the east is approved for 250,690 square feet of commercial uses and 2,666,330 square feet of industrial uses. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent Wqth the Re!atlonsh~p to Future Land Uses - A discussion of this relationship, as it applies specifically to Colher Count)"s legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The properr3.' is located within the interchange Activig' Center #9 as depicted on the Future Land Use Map when a finding of compliance ~s made by DCA. Since this district permits commercial and residential uses tup to 16 units per acre), the proposed commercial/residential PUD is compatible with the commercial uses to the east and south. Given the urban influence impacting this area, the proposed change to add commercial uses similar to those uses approved in this Interchange Activity Center are consistent with requirements of the FLUE to the GMP. This amendment will not change any consistency standard or relationship with the existing commercml zoned properties. Utilhy Infrastructure - Water supplies are available to this site. Traffic Circulation and Impact - Staff has identified the fact that the proposed amendment will not have a s~gnificant impact on C.R. 951 by virtue of the fact that vehicular site generated trips resulting from the proposed amendment will not lower the level of service below adopted standards Since the pro.~ect entrance has a median opening on C.R. 951 and Access Road #2 only has a r~ght-[n and rqght-ou~ turmng movement, staff is of the opinion that the project's A~I~)A ITF. M FF_ 3 0 8 2000 entrance road be made a "public" road and connecting with Access Road #2. The intent is to improve the traffic flow relationship between the Commerce Park and the adjacent properties by allowing traffic on Access Road #2 to utilize the full median opening on C.R. 951. PUD Development Standards & Master Plan - The petitioner has requested changes to the currently approved Master Plan to reflect the traffic circulation and connection with Furore Access Road #2. As a result, this amendment doesn't change the approved developable acreage nor have an adverse impact on any level of service standard. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-92-4 (1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: IL~ Y(-~CURRENLTL pO? S' PANN ~RINGCs~ cA ~T IPoLNANNER CURRENT PLANNING SECTION R~)B~I~T J. M-L-LHERE. AICP. DIRECTOR PLAN?x'ING SERVICES DEP.KRTMENT VINCENW A. CAUTERO, AiCP. ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE fa, -/r-~ ? DATE Staff Report for the January 6, 2000, CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: R[:SSE!I & BUDD. CHAIP~MAN RVBrb SI~,,rFREPORT'PUD-8q-28(2) FEB 0 8 2000 APPLICATION FOR PUBLIC HEARING FOR: Petition No.: Commission District: PUD REZONE , :'~ Date Petition Receive~ Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Applicant's Mailing Address Ci~x Bonita Springs Applicant's Telephone # Name of Agent Bonita Bay Properties, Inc. 3451 Bonita Bay Blvd. 495-1000 Rich Yovanovich State FL Zip 34134 Fax# 498-1193 Firm Goodlette. Coleman & Johnson Agent's Mailing Address 4001 9"' St. N. Citx Naples State FL Zip 34102 Telephone ;* 435-3535 Fax# 435-1218 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 AC~r. NDA ITEM FZ3 0 8 2000 2. Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary.) Name and Address Percentage of Ownership 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 See attached 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 AGENDA I'l'E~ FEB 0 B 2000 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 eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Oxvnership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquired 5--] leased ~ Term of lease ~ yrs./mos. If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date 2000 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 prop6rty 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 thc pre-application meeting. NOTE: The applicant is responsible for supplying the correc! legal description. If questions arise concerning thc legal description, an engineer's certification or sealed survey may be required. Section: 34 Tov,.nship: 49 S Range: 26 E Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: Size of property: ft. x ft. = Total Sq. Ft. Acres 74.2 Address/~,eneral location of subject property_: See Exhibit B - Location Map, included in the attached PUD document Adjacent zoning Zoning N RSF-3 S A W PUD PUD and land use: Land Use Directly north of the property lies the Golden Gate canal and north of the canal lies a residential neighborhood of Golden Gate City. vacant agriculture Directly east of the property_ lies CR 951 and east of CR 951 the land is both vacant and the site of the Collier County \Valet Treatment Plant vacant multifarnilv residential ~. B~ FEB 0 8 2000 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). N/A Section: Lot: Plat Book: Township: Range: Block: Subdivision: Page #: Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the district(s) to the PUD zoning district(s). PUD zoning Present use of the property: The property is currently vacant. The intent of the uses within the approved PUD was to support long term development of a hospital and health care realted activities. ProPosed use (or range of uses) of the property: The intent of the proposed PUD is to support an activity center mixed use development, including retail commercial, office, hotel. ALF, and residential uses Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 2.7.3.2.5 of the Collier County Land Development Code. staWs analysis and recommendation to the Planning Commission. and the Planning Commission's recommendation to the Board of County Conm~issioners 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. 2000 10. 11. 12. If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: N/A 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 test prepared and certified by a profession engineer. Collier County Utility Dedication Statement: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees ~vill be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of availability capacity from other providers: Unless waived or otherwise provided for 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. FEB 0 8 200[ STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant: Bonita Bay Properties, Inc. Mailing Address: 3451 Bonita Bay Blvd., Suite 200 City Bonita Springs State FL Ad&ess of Subject Property (if available): N/A Zip 34134 Legal Description: Section: 34 Township: Lot: Block: Plat Book: Page #: Metes & Bounds Description: 49 S Range: 26 E Subdivision: Property I.D.#: 00296560008 Type of sewage disposal to be provided (check applicable system): a. County Utility System Citx Utility System Franchised Utility System Provide Name d. Package Treatment Plant (GPD capacity.) e. Septic System Type of water service to be provided: a. County Utility System b City Utility System c. Franchised Utility System Provide Name d. Private System (Well) Total population to be served: 20O0 Peak and .4x eraoe Dailx Demands: A. \Vater - Peak 1',026,000 g~ B. Sewer- Peak 1026,000 gpd Average Dailx' 256,5000 gp.d Average Daily ~56,5000 ~zpd FEB 0 8 2000 PUD REZONE 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 Panners if a Corporation .3... Completed Owner/Agent Affidavit, Notarized 1 x 4. Pre-application notes/minutes 15 x 5. Conceptual Site Plans ~ 15 x 6 Environmental Impact Statement (ELS) 4 x "Aerial Photograph (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 Rendering of Proposed Structure(s) 4 x 13, Application Fee. Check shall be made payable to -- x Collier Count?' Board of Commissioners !-~ Other Requirements - I , · FEB 0 B 2000 AFFIDAVIT I, David H. Graham, Vice President, being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all 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 my knowledge and believe. 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, I further authorize Goodlette, Coleman & Johnson to act as our representative in any matters regarding this Petition. Bonita Bay Properties, Inc. Signature c{f~ Pr°~erty Owner Typed or Printed Name of O~vner STATE OF FLORIDA COdNTY OF LEE The foregoing instrument was acknowledged before me this ~ day of January, 2000, David H. Graham. who is personally known to me and did not take an oath. '" "--- Es "1| (Signature of Notary Publi~/~ State of Florida) MICHAELE A. JONES LJ (Print, Type, or Stamp Name) FEB D 8 2000 DISCLOSURE OF INTEREST FORM FOR: BONITA BAY PROPERTIES, INC STRAP NO CASE NO. PUD 92-04(1) If the property is owned in fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. N/A 2. If the property is owned by a CORPORATION, list the officer and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock Marital Trust for the Benefit of Lois Shakadan Blackburn under the ,Mil of David B. Shakarian :.oEdward G..Beimfohr 99 Park Avenue New York, New York 10015 48% Linda S. Lucas, Daughter 13141 Ponderosa Way Fort Myers, Florida 33907 Louise S. Ukleja, Daughter 6468 Bixby Hill Road Long Beach, CA 90815 David Lucas, Chairman ~314! Ponderosa Way Fort Myers. ~'lor~da 33907 26% 26% O% Dennis F. Gitkey. President 27850 Riverwalk Way Bonita Springs, FL 34134 Edmund W. Rodgers, Jr., Vice President 3330 Oak Hammock Court Bonita Spdngs, Florida 34134 David H Graham, Vice President Planning and Development 14780 Caleb Drive Fort Myers, Florida 33908 Harvey R Schestag, Vice President Finance 3310 Oak Hammock Court Bonita Spnngs, FL 34134 O% O% O% O% FEB 0 8 2000 Gary Sandor, Vice President Sales & Commercial Development 3381Oak Hammock Court. Bonita Spnngs, FL 34134 John Gleeson, Vice President 27240 Ridge Lake Court Bonita Springs, FL 34133 Ms. Susan Watts, Vice President 3981 Lakemont Drive Bonita Springs, FL 34134 Ms. Sabra Spaugh, Vice President 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 Mr J~m McGowan, Vice President 3451 Bonita Bay Bird., Suite 202 Bonita Springs, FL 34134 Mr. Leonard B. Jaffe, Vice President 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 0% O% O% O% O% O% 4 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with percentage of interest. N/A I~ the property Cs ~,~ the name of a GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, list the names of the general and limited partners N/A If there is a CONTRACT FOR PURCHASE whether contingent on this application or not, and whether a Corporation, Trustee. or Partnership, list the names of the contract purchasers below, including the officers, stockholders, :)eneflciaries, or partners. N/A If any contingency clause or contract terms involved additional parties, list all individuals or officers, if corporation, partnership, or trust. N/A =or any changes of ownership or changes in contracts for purchase subsequent to the date of the a~plication but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. 2 2000 The above is a full disclosure of all padies of interest in this application, to the best of my knowledge and belief. 'A~cant '~ - David H. Graham, Vice President Printed or typed name of applicant STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this .'~. day of January, 2000, by David H. :Graham who is personally known to me and did not take an oath. ...~ r% - - -~I~I'TAELE k. JONES "'1[ ~;ignature of Notary Public ') .--,,.. :.~ MY COMf~tSSION = CO 752209 }~ J ..~:..] EXPIRES: Segtemc~r17. 2002 ~i MICHAELE A. JONES 3 AGENDA I1'~ FEB 0 8 2000 Sent By: VINES & ASSOCIATES~ INC.; 941 262 5791; Jan-6-O0 10:46AM; Page 1/1 Vines & Associates inc olanning, land planning 800 hart)our drive naives florida 34103 941,262.4164 fax 941 262.5791 To: Ray Bellows From: Bill Vines Date: 1-6-2000 Re: PUD-92-04(1 ) William R Vines, president member AICP p o box 933 linville north carolina 2864( 704.898.9837 fax 704.898.9847 I was just advised of the referenced petition. As agent for the Citygate Commerce Park PUD/DRI, located across SR 951 from the subject PUD, I am authorized to offer no objection to the requested PUD amendment, so long as the apparent increase in development intensity does not in any way adversely impact development of the Citygate Commerce Park project, which is to begin in the very near future. AGENDA ITEM FEB 0 8 2000 ORDINANCE NO 2000- 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 9634N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCKIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE GOLDEN GATE COMMERCE PARK PUD, FOR PROPERTY LOCATED ON THE WEST SDE OF C.K 951 AND NORTH OF 1-75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COLrNTY, FLORIDA, CONSISTING OF 74 2_+ ACRES, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-82; AND BY PRO\qDING AN EFFECTI~,T DATE WI-{EREAS, Rich Yovanovich of Goodlette, Coleman & Johnson, representing Bonita Bay Properties, 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 COMMISSION-ERS OF COLLIER COUNTY, FLORIDA. that: SECTION ONE The Zoning Classification of the herein described real property located in Section 34, Township 4q Soum Range 20 East. Collier County. Florida. is changed from "PUD" to "PUD" Planned Unit Developmem in accordance ,aStb the PLT) Document. attached hereto as Exhibit "A", which is incorporated herein and b~ reference made pan hereof The Official Zoning Atlas Map(s) numbered 9634N as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO Ordinance Number 92-82. knov,"n as the Golden Gate Health Park PUD, adopted on October 2" 1092 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety AGENDA t 1T..M FEB 2000 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 2000 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COU'NTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: T/mothy J. Constantine , CHAIRMAN 5~ar~or~ M -Student Assistant County Attorney g artmm PVD-92-04(1 ) RB im -2- FEI3 0 8 2000 GOLDEN GATE COMMERCE PARK A PLANNED UNIT DEVELOPMENT Prepared for: Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 !~ ,,,',,~'J,~ FEB 0 8 2000 GOLDEN GATE COMMERCE PARK A PLANNED UNIT DEVELOPMENT Approximately 74 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: Bonita Bay Properties, inc. 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 Prepared By: WilsonMiller, 3200 Bailey Lane, Suite 200 Naples, Florida 34105 APPROVED BY CCPC: .September 17, 1992 APPROVED BY BCC: October 27, 1992 ORDINANCE NUMBER: 92-82 AMENDED: November, 1999 APPROVED BY CCPC: APPROVED BY BCC: ORDINANCE NUMBER: EXHIBIT A AGENDA ITEM FEB 0 8 2000 TABLE OF CONTENTS Statement of Compliance Section I - Property Ownership and Legal Description Section II - Project Development Section III - Commercial District Section IV- Residential District Section V - Open Space District Section VI - Perservation District Section VII - Development Commitments Exhibit A - PUD Master Plan Exhibit B - Location Map Page Page Page Page Page Page Page Page ii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 2000 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Bonita Bay Properties, Inc., hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 74_+ acres of land located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. The name of this proposed Project shall be GOLDEN GATE COMMERCE PARK. The development of GOLDEN GATE COMMERCE PARK as a PUD 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 project is a mixed use planned unit development located within a proposed activity center: therefore, at the time the Department of Community Affairs finds the new limits of Activity Center #9 in compliance, and it is adopted and in effect, the proposed commercial uses and residential density of 12 units per acre will be consistent with the Future Land Use Element of the Growth Management Plan. The commercial uses and residential density above the currently approved Urban Residential limit shall not become effective until Activity Center ¢/~ adopted and in effect. The Project shall meet the intent and shall be consistent with the adopted Interchange Master Plan. Improvements are planned to be in compliance with applicable land development regulations as set forth in the Future Land Use Element, except as otherwise set forth herein. The Project will result in an efficient and economical extension of community facilities and services, as required in Policies 3.1 .H. and 3.1.L. of the Future Land Use Element. The Project significantly one year at is in compliance with Policy 5.1 of the Traffic Circulation Element since it will not impact a roadway segment already operating and/or projected to operate within an unacceptable level of service. 7 The Project is in compliance with the goals, objectives and policies of the Conservation and Coastal Management Element. The PrOject is compatible and complementary to existing and future surrounding land uses, as required in Policy 5.4 of the Future Land Use Element. The Project is designed to incorporate water management and buffering areas, as required by the Land Development Code and Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element AGENDA ITEM FEB 0 ii 2000 1.1 1.2 1.4 SECTION I PROPERTY OWNERSHIP AND LEGAL DESCRIPTION Purpose The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of the Golden Gate Commerce Park. Property Ownership The subject property is currently owned by Bonita Bay Properties. Inc., 3451 Bonita Bay Boulevard S.W., Suite 202, Bonita Springs, FL 34134. Legal Description The subject property is described as follows: Legal Description as furnished (Deed - O.R. Book 826, Page 89 & 90) That portion of the North 1/2 of the Northeast 1/4 of Section 34, Township 49 South, Range 26 East, lying North of the 60 ft. easement known as Access Road #2 said easement being described as follows: COMMENCE at the Southeast corner of the N.E. 1/4 of said Section 34, Township 49 South, Range 26 East; thence, run South 88048'27" West, a distance of 100.01 feet to the Westerly Right of Way line of C.R. S-951; thence North 0029'15" West. along said Right of Way line, a distance of 1,355 48 feet for the POINT OF BEGINNING; thence, South 87042'52" West. a distance of 2,531.44 feet: thence, North 0020'07" West, a distance of 60.03 feet; thence, North 87042'52" East, a distance of 2,531.28 feet; thence, South 0029'15" East, a distance of 60.03 feet to the POINT OF BEGINNING. The East 100 feet of the above described property is excepted from this conveyance, said East 100 feet having been previously conveyed to the State of Florida by special Warranty Deed dated July 8, 1957 and recorded in the records of the Clerk of the Circuit Court in and for Collier County, Florida in OR Book 13, Page 77. This conveyance is also subject to road right-of-way easements, drainage easements and all other easements, restrictions, and reservations or record. General Description of Property Area The general location of the subject property is as follows: FEE! 0 8 2000 1.5 The parcel of land located on the west side of CR-951 directly south of the Golden Gate Canal. The site is currently undeveloped and the existing vegetation consists of pine fiat woods, palmetto prairie and herbaceous prairie. The zoning classification prior to the date of this approved PUD was PUD. Short Title This Ordinance shall be known as and cited as the "Golden Gate Commerce Park Planned Unit Development Ordinance". FEB 0 8 2000 2-] SECTION II PROJECT DEVELOPMENT 2.1 Purpose The purpose of this section is to delineate and generally describe the plan of development, and its relationship to applicable Collier County ordinances. 2.2 General Plan of Development It is the developer's intention to create a Commerce Park with a full range of compatible and complementary land uses including residential, retail, office, hotel, and assisted living facilities. These uses are planned and integrated for compatibility to support long term development activities. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the Project. 2.3 Compliance with Applicable Ordinances Regulations for development of Golden Gate Commerce Park shall be in accordance with the contents of this document. Additionally, sections of the Collier County Land Development Code (LDC), the adopted Activity Center #9 Interchange Master Plan (IMP) and ordinances in effect at the time of development order application shall apply to the extent that applicable ordinances or codes do not conflict with development rights and development conditions contained in this document. Where this document fails to provide development standards, the provisions of the most similar district in the 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 Land Development Code in effect at the time of building permit application. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. All conditions imposed and all graphic material presented depicting restrictions for the development of Golden Gate Commerce Park shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. 24 Subdivision Approval The review and approval of all subdivisions within the Project shall follow the desk development standards and review procedures in Article 3 of the Land Developmen~ FEB 0 8 2000 2.5 2.7 28 in effect at the time of development approval. The developer reserves the right to request substitution of design changes pursuant to Sub-Section 3.2.7.2 LDC to the standards set forth in applicable regulations. Land Uses 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 be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions subject to the provisions of Article 2, Division 2.7, Section 2.7.3.5, of the Collier County Land Development Code. The specific location and size of individual tracts shall be determined at the time of site development plan approval. B Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the developer at the time of subdivision approval~ Developer shall create appropriate associations which will be responsible for maintaining the roads, streets, drainage, 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 County Code regulating subdivisions, unless otherwise approved as an exception during subdivision approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the Land Development Code. Project Density The total acreage of the Golden Gate Commerce Park is approximately 74+ acres. The Residential and Assisted Living Facility uses occupy approximately 49 acres and are designated as 'R' and 'R/ALF' on the PUD Master Plan, Exhibit A. Residential uses will not exceed 12 units per acre with a maximum of 588. Assisted Living Facility units will be based upon the FAR as required by the Land Development Code and shall not exceed a maximum of 250 units. The total number of allowed units for Residential, and Assisted Living Facility units will be based on the gross parcel area that the specific use will occupy, and will be determined during site development plan review. Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this document. Easements for Utilities All necessary easements, dedications, or other instruments shall be granted to ins continued operation and maintenance of all service utilities in compliance with aPl ,re the licabI~GEND~,.ffEM FEB 0 8 2000 2-3 regulations in effect at the time approvals are requested. 2.9 Temporary Wastewater Treatment Plants The location and operation of the temporary wastewater treatment plant shall be in compliance with the applicable sections of the Collier County Land Development Code, the Sanitary Sewer Element of the Collier County Comprehensive Plan and the Florida Administrative Code. 2.10 Lakes As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of this Master Plan is to achieve an overall aesthetic character for the Project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Section 3.5.7 of the Land Development Code may be reduced with the approval of the County Engineering Review Services Manager. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. However, removal of fill from the Golden Gate Commerce Park PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2 11 Off-Street Parkin,q and Loadin.q All off-street parking and loading facilities shall be designed in accordance with Division 2 3 of the Land Development Code and the adopted IMP as applicable. 2 !2 Use of Riqhts-of-Way Utilization of the rights-of-way for landscaping decorative entrance ways and signage shall be reviewed and approved by the Transportation Administrator prior to any installations. 2.13 Pollin.q Places Polling places shall be provided, in accordance with Article 3, Division 3.2, Section 3.2.83.14, of the Collier County Land Development Code. 2.14 PUD Monitorinq 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. 2.15 _A. gen~ Jurisdiction The Applicant has conducted site inspections with the US. Army Corps of Engineers, and they have confirmed that the site contains no wetlands under their jurisdictions. AGF, M;)A rfEM FEB O 8 2000 Pi{. ~ 2.16 2.17 218 Dedication and Maintenance of Facilities The Developer shall create appropriate homeowner or property owner associations which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. Si.qna.qe All signage shall be designed in accordance with the adopted IMP and Land Development Code. Architectural Standards All principal structures shall be designed in accordance with the adopted IMP and corresponding development standards within this PUD document. AGENDA ITEM FEB 0 8 2000 3-1 3.1 3.2 3.3 A SECTION III COMMERCIAL DISTRICT Purpose The purpose of this section is to set forth the regulations for the area designated on the PUD Master Plan, Exhibit A, as "C", Commercial. Maximum Square Foota.qe 10,000 square feet per acre of retail commercial with a maximum of 220,000 square feet floor area, and 10,000 square feet per acre of office with a maximum of 30,000 square feet floor area; or a hotel at 26 units per acre with a maximum of 150 rooms, and 10,000 square feet per acre of retail and or office may be constructed on lands designated "C" Commercial." Total square footage will be based on the gross parcel area that the specific use will occupy, and will be determined during site development plan review. 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: Permitted Principal 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). 6 Building Materials, 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 pawnshops and all uses dealing with secondhand merchandise 5992-5999). 10 Depository Institutions (Groups 6011-6099). ACCr. NDA ITEM"' FEB 0 8 2000 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 21 22. 23. 24. 25. 26. 27. 28 29 Eating and Drinking Places (Groups 5812-5813). Educational Services (Groups 8211-8299) Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 8741o8743, 8748). Food Stores (Groups 5411-5499). Gasoline Service Stations (Group 5541 except marine service stations and truck stops subject to Section 2.6.28). Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to Sec. 2.6.26). 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 in accordance with the development standards in this PUD document). Insurance Agents, Brokers, and Service (Group 6411). Insurance Carriers (Groups 6311-6399). Legal Services (Group 8111). Membership Organizations (Groups 8611-8661, 8699). Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251, 7291). Miscellaneous Repair Services (Group 7631). Museums and Art Galleries (Group 8412) AGENOA ITEM FEB 0 B 2000 3.4 30. Nondepository Credit Institutions (Groups 6111-6163). 31. Paint, Glass and Wallpaper Stores (Group 5231). 32. Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). 33. Public Order and Safety (Groups 9211 and 9224). 34. Real Estate (Groups 6512, 6531-6552). 35. Social Services (Groups 8322, 8351 and 8351). 36. United States Postal Service (Group 4311, except major distribution center). 37 Veterinary Services (Groups 0742, 0752, excluding outside kenneling). 38. Video Tape Rental (Group 7841). 39. Warehousing and Storage (Group 4225). 40. 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. B Permitted Accessory Uses and Structures 1 Uses and structures that are accessory and incidental to uses permitted in this district. Development Standards A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Maximum Height: Fifty (50) feet, except that the maximum height for buildings north of the main entry road shall be thirty-five (35) feet. C Building heights shall be defined as the vertical distance measured from the first finished floor to the highest point of the roof surface of a fiat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Where minimum floor elevations in flood prone areas have been established by law, the building height shall be measured from such required minimum floor elevations. D Minimum Lot Width: Seventy-five (75) feet. AGENDA I'rEM FEB 0 8 2000 E. Minimum Yard Setback Requirements: 1. Front Yard - Fifteen (15) feet. 2. Side Yard - Ten (10) feet. 3. Rear Yard - Ten (10) feet. Lakefront - Zero (0) feet, provided architectural bank treatment is incorporated into the design, otherwise twenty (20) feet to control elevation. Setbacks of less than twenty (20) feet shall be specifically approved by Project Review Services with respect to maintenance and access. 5. Canal Maintenance Easement - Twenty (20) feet. Buffers: All buffer setbacks shall be measured from platted lot boundaries. The largest size buffer shall be located on the property with the most intense land use. When the land uses are of equal intensity, each parcel shall be required to provide the minimum buffer. 1. External: The minimum buffer between the commercial use and the adjacent residential use to the north shall be twenty (20) feet. 2. Internal: Minimum buffer between internal commercial parcels shall be five (5) feet. Minimum buffer between internal commercial parcels and internal rights-of-way shall be ten (10) feet. AGENDA ITEM FEB O 8 2000 4-! 4.1 4.2 4¸4 4.5 SECTION IV RESIDENTIAL DISTRICT Purpose The purpose of this section is to set forth the regulations for the areas designated on the PUD Master Plan, Exhibit A, as "R", and "R/ALF". General Description The areas designated as "R" and "R/ALF" on the Master Land Use Plan are designed to accommodate residential dwelling units, and assisted living facilities. Maximum Dwellin,q Units Residential density shall not exceed 12 units per acre, with a maximum of 588. Assisted Living Facility units shall be based upon the FAR as required by the Land Development Code, with a maximum of 250. The total number of allowed units for Residential, and Assisted Living uses will be based on the allowed density and the gross parcel area that the specific use will occupy, and will be determined during site development plan review. Permitted Uses and Structures A. Single family detached dwellings B Single family patio and zero lot line dwellings ,.,.~' Single family attached dwellings D. Multifamily dwellings E. Assisted Living Facility F. Model Homes (in accordance with Section 2.6.33, Land Development Code.) G Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager determines to be compatible in the district. Uses Accessory to Permitted Uses A Customary accessory uses or structures. B Recreational facilities including golf course club house, tennis facilities, and swimming pools, that serve as an integral part of the development. ' AGENDA FEB 8 2000 4.6 D. E, F. Child care center Non-commercial boat launch facilities; Commercial Earthmining in accordance with Section 7.2 of this document. Essential services, in accordance with Section 2.6.9 of the Land Development Code; water management facilities; lakes, including lakes with bulkhead and other types of architectural bank treatment. Development Standards A, Development standards for Residential units are set forth in Table I. Development standards for Assisted Living Facility units shall be in accordance with Section 2.6.26 of the Land Development Code. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Land Development Regulations in effect at the time final local development orders are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards listed in Table 1 apply only to principal structures. AGENDA REM FEB 0 8 2000 4-3 TABLE 1 DEVELOPMENT STANDARDS RESIDENTIAL DISTRICT PERMITTED USES SINGLE PATIO & DUPLEX & STANDARDS FAMILY ZERO LOT TOWN- MULTIFAMILY DETACHED LINE HOUSES Minimum Lot Area 6000 SF 4500 SF 3000 SF*4 N/A Minimum Lot Width*5 60 45 30 N/A Front Yard Setback - 20 20*3 12/20'3 20 Principal & Accessory Side Yard Setback - Principal 7.5 0*6 0 or 7.5 .5 BH & Accessory Rear Yard Setback- Principal 10 "5 "10 .5 BH Rear Yard Setback*l - 5 5 5 10 i Accessory Maximum, Building Height*2 35 35 35 50*7 Distance between Pnncipal 15 ~ 10 0 or 15 15 or .5 SBH Structures I I BPI: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit The conceptual exhibit may be modified as needed All distances are in feet unless otherwise noted Any structure more than two stories in height will maintain a 20 foot minimum building separation. Fla9 lot shal; have no minimum lot width but will meet lot area requirements. Project wails snal! be allowed within ! foot of the right-of-way line. AGENDA |Trr. M FEB 0 8 2000 Front yards shall be measured as follows: If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 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). '1 - Setback from twenty foot (20') lake maintenance easement for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design. *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 - Units with side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. Each half of a duplex unit requires a lot area allocation of 3,000 S.F for a total m~nimum lot area of 6,000 S.F. '5- iVhnmnum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained '6 - Zero feet (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. '7 - No building or structure shall exceed a height of 35 feet or 3 habitable stories within 200 feet of the northern :,oundar'y of the 'R' Residential District. FEB 0 I! 2000 5.1 5.2 5.3 SECTION V OPEN SPACE DISTRICT Purpose The objective of this Section is to set forth the regulations for open space areas. Open space areas are included as a part of the PUD Commercial and Residential Districts; however, they shall be further limited in use according to this section. Permitted Uses and Structures - Open Space Areas 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 Parks, passive recreational areas, boardwalks, observation platforms. B. Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage. C. Water management facilities and lakes, as approved by the South Florida Water Management District (SFWMD), roadway crossings and utility crossings. D. Recreational shelters and restrooms, lighting and signage. E Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager determines to be compatible with the intent of this district. Development Standards A. Overall site design shall be harmonious with the area's natural characteristics. B. All work proposed in open space areas designated on the Master Plan shall be reviewed and approved by the Collier County Development Services and other appropriate regulatory agency prior to the commencement of any such activity. C Setbacks and other development standards for structures shall be in accordance with the PUD district in which the open space occurs. A~A ITE~, FEB B 2000 6.1 6.2 63 SECTION VI PRESERVATION AREA Purpose The purpose of this Section is to identify permitted uses and development standards for the area designated on the Master Plan, as Preservation Area. General Description Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. Permitted Uses And Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3 Temporary construction access road. 4 Utility or roadway crossings. 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 Preservation Area. AGENDA ITEM FEB 0 8 2000 SECTION VII DEVELOPMENT COMMITMENTS 7 1 Water Manaqement Should the South Florida Water Management District, or any other agency, during it's review process cause changes to be made to the site plan or drainage facilities, Engineering Review Services shall reserve the right to re-review the project and have it brought before the Environmental Advisory Council. A twenty foot (20') maintenance easement/landscape buffer shall be provided to Collier County and the SFWMD Big Cypress Basin along the entire length of the Project's northern property line. The maintenance easement/landscape buffer shall accommodate a ten foot (10') wide recreational pathway, the Project's water management berm and a landscape buffer. The pathway may incorporate the Project's water management berm. In the event the water management berm is constructed prior to the pathway, with the approval of the SFWMD Big Cypress Basin, the County may replace the berm with the meandering pathway to meet the County's design objectives of a park-like setting and to avoid the possibility of creating areas where stormwater may be trapped between the berm and the pathway. No trees shall be planted north of the pathway so as not to hinder access of canal maintenance equipment. A 20 ft. maintenance easement shall be provided around the perimeter of each lake along with an access easement to each lake. 72 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 in Zones A, AB and B. If after consideration of fill activities on those buildable portions of the prOject site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 73 Environmental The project is in compliance with Section 3.955.3 of the Collier Cc Development Code. The petitioner shall receive credit from any phase .... ~ XP._J~A t~ FEB 0 B 2000 7.4 required 25% of native vegetation is exceeded and shall be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed, the petitioner shall delineate on the final subdivision plat the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each final subdivision plat which totals the overall 15% for the project build-out. The approximate limits of ground water protection zone W-4 shall be delineated on the final plat. Prior to final site development plan approvals, a management plan for all individual areas of retained plant communities larger than one half (%) acre in area, as required by Collier County Land Development Code Section 3.9.5.3, shall be provided to Project Review Services environmental staff for review and approval. Transportation The developer shall make a fair share contribution toward the capital cost of traffic signals at any of the project entrances when deemed warranted by the Transportation Services Department Director. The signals will be owned, operated and maintained by Collier County. B The developer shall provide arterial level street lighting at all project entrances. C All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). D Twelve feet (12') minimum turn lanes shall be provided at all access points in accordance with Collier County Public Right-of-Way Manual and Ordinance 93- 64. Compensating right-of-way for turn lanes and median area shall be dedicated by the developer 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(s) shall be considered site related, and there shall be no road impact fee credit to the applicant. E 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 Adequate Public Facilities Division 3,15, of the Collier County Land Development Code. F As iljustrated on the PUD Master Plan, the developer shall provide for the opportunity for a roadway connection to Access Road No. 2. All future transportation infrastructure ~mprovements shall be consiste[ Activity Center #9 Interchange Master Plan. This includes adopt~ FEB 0 8 2000 7-3 management standards/guidelines, transportation system management (TSM) and transportation demand management (TDM) strategies. 7.5 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. 97-17, as amended, and other applicable County rules and regulations. It is anticipated that the County Public Works Department (hereinafter referred to as Department) 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 potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on- site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all 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 treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 97-17 as amended. C 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. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the C.R. 951 rights-of-way. The force main must be extended from the western right-of-way line of C.R. 951. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. E. Off-Site Utilities Improvements: 1. Water The existing off-site water facilities of the Department 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 insu the Department's water system can hydraulically provide a FEB 0 8 2000 /-/¢ .. quantity of water to meet the anticipated demands of the project and the Department's existing committed capacity. Sewer 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. ~,C, ENO A rrE~ FEB 0 8 2000 . .....' FEB 0 8 2000 EXHIBIT A PUD UASTER PLAN PREPARED F-OR~ 8WF pROPER'~ES OF ~J'THW~ Item IV.G. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY 5~ 200.0 II. Ill. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment No. PUD-92-04(1) Golden Gate Commerce Park PUD SWF Properties of Southwest Florida, LTD WilsonMiller, Inc. WilsonMiller, Inc. LOCATION: The subject proper¢' is an undeveloped 74 acre parcel located on the west side of County Road 951 immediately south of the Golden Gate Canal and approximately !,/2 mile north of the Interstate 1-75/County Road 951 intersection in Section 34, Township 49 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SLqlROUNDING PROPERTIES: Surrounding properties are mostly undeveloped except for those located north of the project site witch Golden Gate City. ZONING DESCRIPTION N - RSF-3 Goldem Gate Canal Golden Gate City S - A~m'icultural Undeveloped R.O.W. PUD (Citygate) Agricultural County Road 951 Undeveloped Water Treatment Plant A~m-icultural Pkq3 (Magnolia Pond) Undeveloped Undeveloped PROJEC'I~ DESCRIPTION: FEB 0 8 ZOOO EAC Meeting .............................................................................................. January 5, 2000 PUD-92-04(1) Page 2 of 6 On October 27, 1992 the Board of County Commissioners approved this 74.2-acre PUD allowing 273 multi-family dwelling units (7 dwelling units per acre), 170,000 square feet of medical office uses, a 14,000 square feet medical center, and a 100-bed hospital. The subject property was subsequently added-th Activity. Center #9 through the EAR Growth Management Plan amendment process. The property owner is now proposing an amendment to the approved PUD in response to changing market conditions and the criteria adopted with the approval of Activity Center #9. As a result, th.is amendment proposes to change the PUD name from the Golden Gate Health Park to the Golden Gate Commerce Park and to eliminate the medical office, hospital, and medical center as permitted uses. They are also proposing to add commercial retail and motel uses as a permitted commercial use while increasing the maximum number of residential umts from 2'73 units to 450 dwelling units. GROWTH M.~NAGEMENT PLAN' CONSISTENCY: The subject PUD is designated Urban Residential Sub-district on the Future Land Use Map and will be within Activity Center #9 when the EAR Growth Management Plan amendments are found to be in compliance by DCA. This new Interchange Activity Center will permit commercial and industrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential densiD' up to 16 units per acre. Based on staff's review of the Furore Land Use Element (FLUE) of the Gro'~th Manao_ement Plan, the proposed commercial uses and the residential densiw of 12 units per acre is consistent with the EAR Growth Management Plan amendment, ~,q. 5LAJOR ISSUES: Water Manaeement: Because of its size. this project is required to obtain a Surface Water Management Permit from the South Florida Water Management District. The proposed surface water management consists of a series of interconnected lakes and dry. retention / detention areas that will provide for water quality retention and peak flow attenuation. The site will discharge into the main Golden Gate Canal. The Collier Countx Parks and Rec. Dept. wants a bikepath along the south bank of the main Golden Gate Canal that is coincident with the proposed South Flo~ FEB EAC Meeting .............................................................................................. January 5, 2000 PUD-92-04( 1 ) Page 3 of 6 Water Management District Canal maintenance easement and any perimeter landscape buffering facing the residential area to the north. As of this writing the matter has not yet been resolved. Environmental: Site Description: The subject property is currently undeveloped. Clearings for fence lines and dirt roads occur in limited portions of the site, primarily along the northern and southern property lines. Palmetto prairies dominate the eastern half of the site and are also found in the southwest comer. Most of the northwestern section of the site is dominated by herbaceous prairies. Pine flatwoods with a graminoid understo~ compose the central western portion of the site. Pine flatwoods with a palmetto understory are located along the eastern properly boundary and in the southwest comer of the property. A small Melaleuca stand occurs in the southeastern portion of the site. According to the Collier County Soils Map, three soil types are found on the property, Hallandale fine sand (Soil Map Unit 11), Pineda fine sand, limestone substratum (Soil Map Unit 14) and Boca fine sand (Soil Map Unit 21). Pineda fine sand, limestone substratum (Soil Map Unit 14) is listed as hydric by the Natural Resource Conservation Service. Wetlands: The entire 74 acre property, is uplands. No South Florida Water Management District (SF%~t-D)/Collier County. jurisdictional wetlands occur on site. The SFWMD has not yet performed a site visit for verification. The U.S. Army Corps of Engineers (USACOE) determined in 1995 that no jurisdictional wetlands occur on the site (Jurisdictional Determination No. 199131834 JF-SB)). Preservation Requirements: The petitioner proposes the retain 25 percent of the viable naturally functioning native vegetation on site and/or to replant areas of landscaping and open space with 100 percent native species to satisfy the requirement in section 3.9.5.5.3 of the land development code. A portion of the native vegetation to be retained on site is iljustrated on the PUD master plan. Listed Species: NO, ~ FEB 0 8 000 EAC Meeting .............................................................................................. Janua.w 5, 2000 PUD-92-04(1) Page 4 of 6 In August, 1999, the petitioner performed listed species meandering pedestrian transects on the subject property. The survey primarily utilized the meandering strip census method of pedestrian transects through the various habitats or vegetation associations. These transects resulted in a grid pattern of observations through the various habitats on site. Once the grid of meandering transects covered the whole site, additional transects were performed targeting those portions of the site with the greatest potential for listed species observations. The surveys were conducted at various times on any given day. Surveys were conducted such that observations included time periods ranging from sunrise to sunset. In excess of 85 man-hours have been spent on-site in conducting the survey. Bamng seasonal considerations, the survey dates allowed for observations during likely times of probable occurrence for the majority of the listed wildlife species which could occur on-site. During the survey, temperatures ranged from the low 70s to the low 90s (degrees Fahrenheit), with showers occurring almost on a dailv basis. When performing pedestrian transects through appropriate habitats, particular consideration was given to looking for signs of red-cockaded woodpeckers (RCWs) and gopher tortoises. Special attention was paid to large and/or old slash pine trees with trunks relatively free of vines or high undcrstory brush to locate signs made by RCWs. When large and/or old slash pine trees were encountered, biologists would ,typically circle the tree while visually scanning for start holes, cavities, resin, wells, and/or RCW individuals. A tape containing RCW vocalizations was played at various locations throughout the site. No RCWs, cavitw trees or starter holes were observed on-site. During the survey, seven active and 36 inactive gopher tortoise burrows were identified. Most of the active burrows identified during the recent survey of the site are located in the southern portion of the property (Exhibit G). An incidental take permit (COL-5) was issued by the Florida Fish and Wildlife Conservation Commission (FFWCC) on October 29, 1992, which allows for the displacement of the tortoises that will be affected by development on the site. In addition, the applicant has made a payment of approximately $37,000 to the Fish and Wildlife Habitat Trust Fund, to be used towards the purchase of suitable habitat for a gopher tortoise preserve. Suitable palmetto prairie and pine flatwoods habitat will be preserved on portions of the project site to which gopher tortoises can be relocated. 2000 EAC Meeting .............................................................................................. January 5, 2000 pLrD-92-04( 1 ) Page 5 of 6 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUD- 92-04(1 ) "Golden Gate Commerce Park PUD" with the following stipulations: Water Management: 1. That the petitioner obtain a South Florida Water Management District Surface Water Management Permit. 2 T-hat th,. confi~n_of the north side ~ease~ment_ bik~ath b~uffer be re~nlved prior to this p_rgjec, betas sent xo-me--Board-' C_o_unty Cornmrssioners. Environmental: Amend the language in section 6.3(A)(2) of the PUD document as follows by adding the underlined lan~uaae and deleting the .,~.,.t. ,~ ..... ,. ~ ....... Water management (4c4.14-ties structures. Replace section 7.3(A) of the PL'-D document with the following language. In accordance with 3.9.5.5.3 of the Collier Count),' Land Development Code. tv,'enT~' five percent (18 acres) of the viable naturally functioning nat~','e ':egetation on site shall be retained. At the time of next development order subminai the petitioner shall identify., in its entire.W, areas of native vegetation to be retained an4or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. FEB 0 8 ZOO0 EAC Meeting .............................................................................................. January. 5, 2000 PUT)-92-04( 1 ) Page 6 of 6 PREP?d~ED BY: STAN CHRZA_NOX~KI. P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENWIRON~IENTAL SPECI.-ULIST II DATE REVIEV~TD BY: ~<T.',dO."srD V. BE=LO PRINCIPAL PLAN.%TR DATE THOMAS E. KUCIC, P.E. ENG'~vTERING LEVI_EW M_ANAGER / ~ . ',,~ A, ~; h , . SL;gdh. c:Golden Gate Commerce Park Staff Report DATE DATE FEB 0 8 ZOO0 EXECUTIVE SUMMARY PETITION PUD-98-20, WILLIAM L. HOOVER, AICP, REPRESENTING GULF SUN CORPORATION, REQUESTING A REZONE FROM "A" TO "PUD" TO BE KNOWN AS WHIPPOORWILL LAKES PUD, A RESIDENTIAL DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, ON PROPERTY LOCATED APPROXIMATELY ¼ MILE SOUTH OF PINE RIDGE ROAD (C.R. 8961) ON WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85 + ACRES. OBJECTIVE: The petitioner is seeking to rezone the subject parcel from "A" Rural Agricultural to "Pl, 'D" Planned Unit Development in order to develop the subject property as a mixed residential project consisting of approximately 518 multifamily and/or single family dx~elling units on 76.85 acres. CONSIDERATIONS: The subject property is located south of the Pine Ridge Road - 1-75 Activity Center with access from Pine Ridge Road (CR-896) via Whippoorwill Lane a local road. An 11.42 acre parcel (Parcel "B") extends into the Activity Center and is between 1-75 and the Seagate Baptist Church property, and borders the south side of the Best Western Hotel. The remaining 65.43 acres of the proposed PUD extend southward and are bordered on d~e west and south sides by low-density single-family development and some vacant properties x~ hich are zoned ~'RMF-6", "RSF-5", and "A" Rural Agricultural, respectively. The cxistin~ residential properties located to the west across Whippoorwill Lane and directly to thc south have developed at densities of four to five dwelling units per acre. A PUD, Whippoorxvill Woods. localed less than ~,?;~ mile to the south was approved for 5.51 dwelling units per acre in 1998. No other development has been approved or has taken place in this area. Maximum eligible residential densities in the Activity Center and the Activity Center Density Band are determined through the Density Rating System provided in the Growth Man~igemenl Plan (GMP). The 11.4-acre Parcel "B" qualifies for up to 16 units per acre because i~ is located in the Activity Center. The remaining 65.43 acres (Parcels A,C, & D) of the PUD quali~ for up to 7.0 dwelling units per acre because they lie within the Activity Center Density Band. Z[ lac. applicant proposes a maximum of 518 dwelling units for an overall density of 6.74 dx~ cf!in7 tmi~s per acre The Parcels ~'A". "C", and "D" will be limited to a maximum of FEB 0 8 2000 6.0 dwelling units per acre to provide a transitional land use density through the project. A maximum of 16 dwelling units per acre will be allowed in Parcel "B" which is located in the Activity Center; however, the petitioner has indicated that Parcel "B" will likely be developed at a maximum of 10 dwelling units per acre. The proposed densities are within the range allowed by the Density Rating System. Rezone Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed rezoning as outlined in the Analysis Section and as recommended here (see exhibits with Staff Report). Although Rezone and PUD Findings were made by the Collier County Planning Commission (CCPC) and staff as required by Section 2.7.2.5 of the LDC, those findings only support the proposed rezoning inasmuch as it was a singular development in a slowlv developing area. Since the findings by the Planning Commission, six additional PI 'Ds were proposed which affect transportation and drainage along the Whippoorwill l_anc corridor and the future Livingston Road. Staff has revisited this proposal and finds that while the proposed PUD by itself may not cause any level of service to be exceeded, the total impacts of the combined proposed seven PUDs will cause a degradation of service, increase trip lengths for residents, and will impact the surrounding road network and intersections at Pine Ridge Road. While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other dex elopmcnts should positively contribute to easing the burden of traffic impacts. This x~ il! bc accomplished by making Whippoorwill Lane with a proposed east-west connector lo Lix'~ngsxon Road a public urban collector. This road will serve to allow a choice in direcUon to and from Livingston Road and Pine Ridge Road. Multiple choices in direction on the arterial road system equates with lessening the burden on the arterial road system. Regardless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that supports a decision to deny or phase development even though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road. This is pamcularlv true in light of the fact that, at the onset, all traffic will have access to Pine R~dgc Road because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed for another three years. Nevertheless, these conditions are specifically allowed to exist under policies in the Growth Management Plan. That is not to say that projects could not be phased to minimize these impacts: however, transportation staff has indicated that as few' as 500 dwelling units may cause' operational deficiencies at the ~qfippoom'ill Lane/Pine Ridge Road intersection. FEB 0 8 000 Phasing may minimize this impact; however, this intersection is expected to function at an acceptable LOS until the planned improvements to Pine Ridge Road are completed. Furthermore, an overly restrictive phasing plan could be argued to be a de facto moratorium that, under the regulatory structure of the GMP, is not authorized. This problem is compounded by the fact that one project (Whippoorwill Woods) is already approved with 462 dwelling units. To place the burden of minimizing the impact to the intersection on the remaining projects may be unreasonable when recognizing that this may rise to a de facto moratorium without a legal basis for one. It is, therefore, staff's recommendation to attach certain stipulations as outlined in the Executive Summary presented to the Board of County Commissioners on January 11, 2000, and which was supported by the Board (see attached Executive Summary). These stipulations are listed in the Planning Services Staff Recommendations at the end of this Executive Summary. PROS/CONS: Pros l i~ Thc subject petition appears to be consistent with the locational criteria for residential developmcnt as it applies to the County's Growth Management Plan. (ii) The PUD development plan will provide for transitional density to make it more compatible with neighboring development. (iii) Roads and utilities will be extended along Whippoom'ill Lane at the owners expense. COILS (i) Tile combined development of the area will cause levels of services to be exceeded and will likely degrade service on the surrounding road network (see attached Executive Summary which was presented to the BCC on January 11,2000). ii~ Some residents may find that anv increase in residential development will bring increased inconveniences such as traffic. iii tAhemative access to the proposed Livingston Road is needed. This can be provided by constructing an east-west connector road at the southern terminus of Whippoorwill Lane. which will be constructed per a fair share contribution by all of the development receiving a direct benefit, including Whippoorwill Lakes PUD. FISCAL IMPACT: Whippoorwill Lakes PUD will likely be a multi-family residential project. Based upon autl~,rized uses and planned intensity of development, the following revenue is estimated at build out Impact Fees Park Impac! Fee: i ibrarx Impact Fee: 5578.00 per unit x 518 du's = $ 299,404.00 5180.52 per unit x 518 du's = 93,509.36 Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $0.15 per Sq. Ft. of bldg. area ~ 1,200 SF x 518 x 0.15 = $1,778.00 per unit x 518 du's = $1,379.00 per unit x 518 du's = $.005 per Sq. Ft. of bldg. area ~ .005 x 518 x 1,200 = $14.00 per unit x 518 = $0.005 per Sq. Ft. of bldg. area ~.005 x 3000 x 518 = $2.00 per unit x 518 = TOTAL IMPACT FEES 93,240.00 921,004.00 714,322.00 3,108.00 7,252.00 7,770.00 2,072.00 $ 2,141,681.30 The average size of most of the proposed dwelling units will be 1,100 - 1,200 square feet. This project will provide 518 dwelling units of this size or less; therefore, the estimated xom! amount of impact fees collected at build out will total $ 2,141,681.30_+. this is a raw e s ti m aue based on current impact fees and proposed dwelling units. In addition to the impact fees described, there are building penrtit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally. additional revenue is generated by ad valorum taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, slalT has no~ dex eloped a method to arrive at a reasonable estinaate of tax revenue based on ad x a]oi-/_l!-i1 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 dcx eJopmen! 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 se~'ices (LOS) fall below County adopted standards, a mechanism is in place ~hat would require that building activities would cease until such a time as add~on,~l f'acili~ies are prox ided for by the developer or made available by the County. FEB 0 8 2000 Certain LOS standards also would require a countywide concurrency determination versus an area or local determination such as for roads. The proposed Whippoorwill Lakes PUD will not cause County LOS to be exceeded. This rezoning by and of itself will have little or no fiscal impact on the County. However, if this rezoning is approved, the land could be further developed. New development will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Grow th Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The northernmost portion of the proposed PUD is Parcel "B", an 11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center. The Activity Center allows a density of up to 16 dwelling units per acre based on proximity to the major intersection that it surrounds and the compatibility of the surrounding land uses. The remaining 65.43 acres of the PUD lies within the Residential Density Band that surrounds the Activity Center. The Residential Density Band provides for an additional three (3) dwelling units per acre that may be added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total dxvellmg umts per acre. Parcels "A". "C", and "D" of the proposed PUT) are located within the Residential Density Band quali~,ing the southern portion of the PUD for up to seven 17) total dxvelling units per acre if deemed compatible with surrounding land uses. The applicant proposes a densitx of 0.74 dwelling units per acre with a maximum 518 total dwelling units. This is less than the possible 8.33 dwelling units per acre and 640 total dwelling units allowed by the Density Rating System and which is calculated as follows: Parcels "A". "C". and "D" Base Density Activity' Center Density Band Maximum Permitted Density Maxin:um Number du's ~ (~5.4'- ac.."es x - du's per acre 4 du's/acre -~3 du's/acre 7 du's 458 du's maximum AG E N ~k~.~ FEB 0 8 2000 Parcel "B" Activity Center Maximum Number du's ~ 11.42 acres x 16 du's/acre = 16 du's/acre = 182 du's maximum Total Maximum Density Allowable = Total Maximum Density Proposed = 640 du's/76.85 acres = 8.33 du's per acre 518 du's/76.85 acres = 6.74 du's per acre The requested density is consistent with the provisions of the Density Rating System provided the density is otherwise deemed compatible by Staff's analysis (Attachments "A" and "B"). Yransportation Element - The Traffic Impact Statement estimates that the 628 MF units treduced to 518 du's) will generate an average of 3,898 Weekday Daily. The peak hour lrips are estimated at 385 trips. Based on this analysis, Staff estimates the site generated traffic from thc proposed change will exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896) after trip assignments are made; however, the project trips for this one proposed development will not lower the level of service below the adopted LOS "E" standard. Therefore the project by itself would be considered consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE), especially with the planned increase from four lanes to six lanes for CR-896. Nevertheless, the combined impact of the recently submitted PUDs in this area would cause an impact. Therefore, it is important to develop an integrated and planned road netxvork in order to lessen degradation of services in this area and to provide alternative access for future residents along Whippoorwill Lane. It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road improvements arc not completed. Since this segment from CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard after build-out of this project. Also, an intersection analysis of CR- 896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards with a traffic signal; therefore, the project complies with Policy 1.3 and 1.4 of the TCE. Keep in mind though, the applicant proposes an additional project on Whippoorwill Lane tha~ in combination with this project and the five other proposed PUDs would cause the 5 percent i_OS "C" significance test to be exceeded and would lower the LOS on CR~896 even more. 2000 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. WHIPPOORWILL LANE COORDINATED MASTER PLAN CONSIDERATIONS: This plan is necessary due to the number of PUD applications recently submitted for the Whippoorwill Lane and Livingston Road area, and their potential for degrading future levels of service. On September 14, 1999, Staff asked the Board for time, prior to considering any approval of development orders in the above mentioned area, in order to direct a coordinated effort between area property owners and County Staff. The proposed Coordinated Master Plan addresses the concerns of adequate access for all area properties, proposes an alternative road access to help minimize potential level of service impacts to both Pine Ridge Road and the future Livingston Road, and addresses concerns regarding the ability of the Kensington Lakes Drainage Canal to adequately handle drainage produced by area development projects and the County's Livingston Road project. Staff also proposes that certain stipulations be made, which would be made common to each rezoning approval in the Whippoom, ill Lane Coordinated Plan area. These stipulations will require adequate right-of-way be dedicated to the County, that drainage problems are addressed and related facilities are under control of the County, an area- wide sewer and potable water system is designed and implemented, and a Whippoorwill Lane East-West Connector is constructed. Costs of such improvements will be distributed among all property ovcners receiving direct benefits. The stipulations were listed in the Executive Summar)' presented to and supported by the Board of County Commissioners on Januarx 11.20f)0 (see attached Executive Summary and the stipulations in the folloxx in[: Planning Services Staff Recommendation section of this report). PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of PUD-98-20. The V~ippoorwill Lakes PUD Document and Master Plan. with the following stipulations: The petitioner shall dedicate a 40-foot-wide strip of land along the project's western property boundary for construction and widening of Whippoorwill Lane. This dedication shall occur pursuant to Section 2.2.20.3.7. of the Land Development Code or prior Io constructions plan and plat approval, whichever occurs first. The value of land for the acquisition of the Whippoorwill Lane right-of-way and the cast x~ est road right-of-way shall be borne in equal proportions on a per unit basis by ~1! of the property owners of each Planned Unit Development having frontage on or AGEND~ ~F;~ · ~o. ~~ FEB 0 8 2000 access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Said valuation shall be based on the provisions of Section 2.2.20.3.7. of the Land Development Code. If the Traffic Circulation Element (TCE) to the GMP is successfully amended to recognize Whippoorwill Lane and its east/west connector as an urban collector, then the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County in which it will be agreed to and determined that any short fall between impact fees and the actual cost of acquiring and constructing Whippoorwill Lane and its east/west connector as a public road, shall be borne proportionally on a per unit basis by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane. Collier County agrees to pursue the amendment of the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show \Vhippoorwill Lane and its east/west extension as an Urban Collector roadway. 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 shall take place prior to the issuance of building permits. A sanitaD~ sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design spec/fications resulting in incurred costs to a project having area-wide benefits will bc prorated against all benefiting property owners. Both of these actions shall take place p,'-~or to the approval of any subdivision plat or site development plan. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any Collector Road and must be a minimum of 100 feet from a public right-of-way. Section 3.7 of the PUD document shall be revised to reflect the above stipulation. E NV! RONMENTAL ADVISORY COMMITTEE RECOMMENDATION: The EAC voted unanimously (7-0) to recommend approval of PUD-98-20 on June 9, 1999, with stipulations that were incorporated into the PUD Document. No. ~ --..~ FEB 0 8 ZOO0 PLANNING COMMISSION RECOMMENDATION: At the July 15, 1999 meeting of the Collier County Planning Commission, the Commission voted unanimously to recommend approval of Petition PUD-98-20 to the Board of County Commissioners. FEB 0 8 20011 PREPARED BY: DATE REVIEV~ED BY: R~L'D tS~,'A~CP Ct 'RRENT PLAN~ING MANAGER DATE ROBERT J. MULHERE. AICP. PLAN%'ING SERVICES DEPARTMENT DIRECTOR DATE \,'IN('EN'I~ A. CAIZTERO. AICP. ADMINISTRATOR COXI~It'NITY DEV. AND ENVIRON~IF. NTA. I_ SVCS. DATE Petition PUD-g8-20. Whippoorwill Lakes PUD. Tentatively set for the February 8. 2000 BCC Meeting. FEB 0 8 2000 AGENDA ITEM 7-I TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNTrY DEVELOPMENT AND ENVIRONMENTAL SERVICES JIfNE 16, 1999 PETITION PUD-98-20, WHIPPOORWILL LAKES PUD Agent: Mr. William L. Hoover, AICP Hoover Planning 3785 Airport-Pulling Road, Suite B Naples, Florida 34105 Mark Bates, President Gulf Sun Corporation 533 Turtle Hatch Lane Naples, Florida 34103 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current classification of "A" Rural A~mncultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed-use residential development. GEOGRAPHIC LOCATION: The property is located ¼ mile south of Pine Ridge Road (CR-896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: When completed, the project master plan will provide a singular development that will enco .repass approximately 76.85+ acres of land to be developed with a mixed residential land use strategy in the PUD Document. If approved, the development plan will include the following: A total of 628 dwelhng units with a density of 8.17 traits per acre, which the applicant estimates is consistent with the maximum density p~mitted by the Future Land Uae Element (FLU~E) of the Growth Management Plan (GIMP). ~~:~ FEB 0 8 2000 (~,Pg._~___-~- Jl Ji i 2. Open space that include~ a 14.7 acm preservation ~ 16.1 acres of · ~ and landscaping and buffering equaling 72 percent open space and exceeding the minimum 60 percent required for PUDs. 3. Common access for recreation use of the preservation area and lake. 4. Four development tracts (Parcels "A"-"D"). 5. A gate house. 6. Access from Pine Ridge Road via Whippoorwill Lane. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A" Rural Agricultural. Surrounding: North- To the north lies the Seagate Baptist Church and the Sutherland Center 'Commercial PUD. Both are within the Activity Center which contains a motel, fast food restaurant, a convenience store, and a service station. East - To the east lies the Interstate 75 right-of-way and drainage canal. South - Two single family homes abut the proposed PUD on the south side. Properties located farther to the south are mostly undeveloped and designated "A" Rural Agricultural. The Whippoorwill Woods PUD, approved in 1998, lies approximately 660 feet south and was approved for mixed housing with a density not to exceed 5.51 dwelling units per acre. West- A six-bed hospice is located across Whippoorwill Lane from the northwest comer of the proposed PUD. The underlying zoning for the property is RMF- 6 which allows no more than six units per acre. Running southward fi'om the hospice are properties zoned "A" Rural Agricultural and "RSF-5" Residential Single Family with a maximum density of four (4) dwelling units per a~re. These properties contain four (4) existing single family homes. GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as denigrated by the Future Land Use Map (FLUE) of the Growth Management Plan (GMP). This citizen provides for higher densities in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. It is also located partially within tim Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center with the remainder of the PUD lyit~ within the Residential Density Band thai provides for an additional three (3) dwelling units per ~. The following consistency analysis addresses the relationship of the proposed PUD with a[~)iig~le elements of the GMP: Land U~e l~le~n~m a~l Den~ty - The no~ portion of the proposed PUD is Parcafl '"~', m 11.42 acre pmreel tirol lies within the Pine Ridge Ro~d (C.R. 896) - In~ 75 Acfivit ~ C.,~m~i~ ,-~ t~' Activity Cent~ allowa a density of up to 16 dwelling unita per ~ baaed on proximit~ to 1~'~--'~l°~L'''' inttrae~on that it surrounda and the cemlmla'bility of the ~tromm~ng land uaes. T m ~ 2000 65.43 acres of the PUD lies within the Residential Density Band that surroumis the Activity Center. The Residential Density Band provides for an additional three (3) dwelling units per acre that may be added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total dwelling units per acre. Parcels "A", "C", and "D' of the proposed PUD are located within the Residential Density Band qualifying the southern portion of the PUD for up to seven (7) total dwelling units per acre if compatible with surrounding land uses. The applicant proposes a density of 8.17 dwelling units per acre based on a possible 640 dwelling units determined as follows: Parcels "A", "C", and "D" Base Density Activity Center Density Band Maximum Permitted Density 4 du's/acre +3 du's/acre 7 du's 65.43 acres x 7 du's per acre = 458 du's maximum Parcel "B" Activity Center = 16 du's/acre 11.42 acres x 16 du's/acre 182 du's maximum Total Maximum Density Allowable = 640 du's/76.85 acres = 8.33 du's per acre The requested density is consistent with the provisions of the Density Rating System provided the densi¢' is otherwise deemed compatible by Staff's analysis (Attachments "A" and "B"). Traffic Circulation Element - The Traffic Impact Statement estimates that the 628 MI: units will generate an average of 3,898 Weekday Daily Trips more than the currently approved Club Estates PUD. The peak hour trips are estimated at 385 trips. Based on this analysis, Staff estimates the site generated traffic from the proposed change will exceed the significance test standard (5% of the LOS "C" design volume) on Pine Ridge Road (CR-896) afl~ trip assignments are made; however, the project trips will not lower the level of service below the adopted LOS "E" standard. Therefore the project will be consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road improvements are not completed. Since this segment fi'om CR-31 to Logan Blvd. is scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard after build- out of this project. Also, an intersection analysis of CR-896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards with a traffic signal; therefore, the project would comply with Policy 1.3 and 1.4 of the TCE. Keep in mind though, the applicant proposes an additional project, which in combination with this project would exceed the 5 percent LOS "C' signifi~ test and would lower the LOS on CR-896 even more. Furth¢imore, the Pet Ranch Road fight of way is proposed to be vacated. The applicant ~..~ vacating Nighthawk Drive, which provides accesa to the property abutting this PUD on~ita a0~h-~l~-4'"l.'-q thu~ reducing any future ' ' to dev~ to th~ ~ The 1o~ of it~mmmcti~ I ~ i FEB 082000 between the PUD and future development to the south is not consistent with Policy 9.3 of the TCE. In addition, the FLUE Density Rating System of the GMP requires subtracting one (1) dwelling trait from the project for lack of interconnection of local streets. Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and jurisdictional preserve areas, and other open space totaling 55.4 acres (72 percent) of the gross acreage and including land set aside for: preservation (14.7 acres); landscaping (24.6 acres); and a lake (16.1 acres). As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GMP. Other Applicable Element{s) - These include utilities and water management. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaimng subsequent development order apprOvals. The above prescribed course of action should make this petition consistent with this element of the GIMP. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside of an area of historical and archaeological probability as referenced on the official Collier County Probability Map, therefore, no Historical/Archaeological Survey and Assessment are required. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of concern. Tl-,is primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation DeparUnent Staff. The petition was reviewed by the Environmental Advisory Board (EAB) and was recommended with minor stipulat/ons that were incorporated into the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land uae change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recomm~on of approval or denial by the Planning Commission to the ]~CC. Each of the potelltial impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluationa are separate documents and are attached to the staff r~port aa Exhibit "A" and Exhibit In addition, appropriate evaluation of petitions for rezoning should establish a factual bas/s for supportive action by appointed and elected decision makers. The evaluation by profess/onal 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 w/th the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for fixture land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management Plan (GIMP) as it applies specifically to Collier County's legal basis for land use planmng. Compatibili _ty - The subject property is located within the Urban Mixed Use - Urban Residential Subdistrict as identified on the Future Land Use Map of the GMP. The site is located contiguous to the west ahgnment ofi-75 south of the Pine Ridge Activity Center and east of the Whippoorwill Lane southern terminus. The applicant proposes a multi family development on four parcels of the proposed PUD. Those parcels are designated as Parcels "A" through "D". Parcel "B", is 11.42-acres in size and is located just south of the Best Western Hotel located in the Sutherland Center PUD. Both the hotel and Parcel "B" are located within the Pine Ridge Activity Center, which allows for higher density residential development up to 16 dwelling units per acre. Parcel "B" also abuts a church property located on its westem boundary, and the northern boundary of Parcel "A". The church property is mostly undeveloped with the church being located in the northwestern one-quarter of the property and, in effect, creates a buffer or transition between the commercial properties located to its north and Parcels "A" and "B" of the proposed PUD. Parcels "A" and "D" are located near lower density residential uses located on the west side of Whippoorwill Lane. Those properties contain four single family homes with the exception of a hospice located near the northwest comer of Parcel "A". The single family homes are considered lower density residential with lot sizes ran~ng fi.om one-quarter acre to one-half acre in size. The smaller lots are zoned RSF-5 with a maximum density of four (4) dwelling units per acre. The remaining parcels located to the west and south of Parcel "A" are zoned Rural AgriculUnal and are mostly undeveloped at this time, except for two large lots with existing single family homes located on the south side of the PUD. Also, located approximately 660 feet south of the pwposed PUD is Whippoorwill Woods PUD, which was approved for mixed residential uses with 5.51 dwelling umts per acre in 1998. In addition, the owner of the Whippoorwill Lakes property has recently submitted another application for a multifamily PUD that will lie between the Whippoorwill Lakes and Whippoorwill Woods PUDs. The owner is requesting to develop that PUD with a maximum allowable 210 dwelling umts. Given the contiguous relationship of the subject property to a commercial use (i.e., hot~l) and a church, and considering the impact of Interstate 75, a higher density residential developmem is justified. This is moreover supported by the density strategy inherent in the density ratinS[ acknowledges higher densities as related to location within an activity oellter (i.e., 16 d~.,'a/~a'~) ,ma · dgnsity b~md (L~., 7 du's/acre). The queslio~ ~e ~ to an~w~' i~ wlmt i~ tl~ ~ ~ 2000 $ density? The PUD to the south (Whippoorwill Woods) is approved for 5.51 dwelling units per acre. Most likely, the land area to the west of Whippoorwill Lane will be limited to three (3) dwelling units per acre because, for the most part, only the base density from the density Rating System applies to this land area. Amendments to the GMP, although not officially adopted, are neverthelcsa for all practical purposes now in effect and would limit the density of this project to five (5) dwelling units per acre assuming the proposed reduction of the base density to two (2) dwelling units per acre can be increased to three (3) dwelling units per acre based on design and highway relationships. Because the density of the Whippoorwill Woods PUD is now approved for 5.51 dwelling units per acre, it would not be equitable to require a lesser density in an area that is supposed to be a tnm~tion between higher density and intensity to an area of lower density and intensity; therefor, Staff recommends a density of six (6) dwelling units per acre and asserts that this would 1~ mom compatible with the type of surrounding development and the density/intensity characteristica. Traffic - The primary vehicular access point will be from the southward extension of Whiplx~twill Lane. Whippoorwill Lane intersects with Pine Ridge Road (CR-896) within the Pine Ridges Highway Interchange Activity Center. The access road should operate with an acceptable l~,el of safety, and is subject to the Access Management Plan. The increased traffic impact from this and other proposed PUD development along Whippoorwill Lane may substantially reduce the level of service (LOS) on CR-896 but the LOS should remain at acceptable standard at the build out of this project, especially with the six lane widening proposed for CR-896 in the year 2000; therefore, the proposed PUD meets the policies of the Traffic Circulation Element. Although road capacity may be at an acceptable LOS, the proposed PUD does not provide for interconnectivity as required by the FLUE Density Rating System of the GMP. The FLUE Density Rating System subtracts one (1) dwelling unit per acre from a project for failure to interconnect with all existing and future projects when possible. This project also proposes to vacate existing road rights-of-ways and fails to provide interconnections as portrayed on the concept plan. If Whippoorwill Lane is ever extended to the proposed Livingston Road, it might help reduce some of the traffic load onto CR-896 and help to compensate for a lack of interconnection between the PUDs and furore development in this area. It is highly unlikely that would happen before build out of these PUDs, if it ever happens. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval as thc case will be for development of this land. Community Infimsaucture and ~;erviccs. - The subject property has convenient access to a wid~ range of community infrastructure which is enhanced by its proximity to activity centers at 1-75 and Airport-Pulling Road, which contain shopping centers and business and medical offices all within a shor~ driving distance. Police, fire and other emergency services can be readily pwvided from thc appropriate facilities located nearby. PIJD Document and Master Plan - The PUD document is modeled after the County Planning S~'vic~ Model PUD Document in tcrm~ of format, general provisions, and development siami~s~rt}ht&--'~a commitments. Thc PUD Document contai~ all of Staff's recommcndations and will rmlm ~ [.~'~' FEB 0 8 ZOO0 of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paving of Whippoorwill Lane for access to this PUD and future development located to the south. It will also include a common area, trails, and access to the lakes and preservation areas for recreational use by residents. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-98- 20, the Whippoorwill Lakes PUD Document and Master Plan, to the Board of County Commissioners subject to the following condition: 1. Density shall be limited to six (6cfi) dwelling units per acre for a total of~ff"dwelling units. FEB 0 $ 2000 Pa __~.~.~ PREPARED BY: /~WED BY: CURRE~ PLANNING SECTION DATE DATE- , AICP, DIRECTOR ¥3~C'qCENT A. CAUTERO, AICP, ADMINISTRATOR COMML .'NITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Staff Report for July 15, 1999 CCPC meeting. Note: This petition has been scheduled for the August 3, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUET, CHAIRMAN PUD-98-20 WHIPPOORWILL LAKES PUD/STAFF RE/~RT/DJM l! COLLIER COUNTY - APPLICATION FOR PUD REZONE ] ~CE!'.¥~_"~ PETITION NO?. :; ~a S ~3 - 9_. ,c) .q [[ ... .. COORDINATING PLANNER: ~cW ,m Ut[,r~7' DATE RECEI / Applicant Name (Agent): W'flliam L. Hoover, AICP, of Hoover Planning Address: 3785 Airport Road North. Suite B, Naples, FL 34105 Phone: 403-8899 Fax: 403-9009 Property. Owner (Petitioner) Name and Address: Mark Bates, Presidem, Corporation. 533 Turtle Hatch Lane. Naples, Forida 34103 Phone: 261-6434 64_,4 Gulf Sun Fax: 261- De,,aiied Legal Description of Subject Property.: Section 18 Township 49S Ranee 26E See attached Exhibit "A" Property Identification #: Parcels "A" and "B" = 00287000001 (Spaide Land), Parcel "C" = 00286320009 and 0028636001 (Cook Land), and Parcel "D" = 00286400000 (Ravburn Land). Skze of Propert3': 2270+ Feet x 1.320-& Feet (L-shaped) = 76.85+_ Acres General Location of Subject Property.: Located 1/4 mile south of Pine Ridge Road. and encompasses the area north of Ni2ht Hawk Drive. between Sqzippoorwill Lane and 1-75.. Adjacent Zoning and Land Use: ZONING N - Agricultural/PUD S - A~zricultural E - Rizht-of-Wav W - Ri~,ht-of-Wav and then RMF-6 Azric 'RSF-5 LAND USE Seagate Baptist Church north of our western 1/2 and Best Western Motel north of our eastern 1/2. Vacant with 2 scattered single-family homes. 325' wide Interstate 75 ROW/Drainage Whippoorwill Lane/Hospice of Naples and Single-Family homes on Lake. FEB 0 8 ~000 Existing Zoning: Agricultural Proposed Land Use or Range of Uses: PUD with Permit-ted Uses of coach homes. attached ,,511aWpatio homes, townhouses/condominiums, garden apartments and single- family homes. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. Has a public hearing for a rezone been held on this property, within the past 12 months? If yes, please write the rezone application number. No. Is this property currently vacant? Yes. land use and all existing structures. Signature o f Petit loner If the answer is no please describe the current Date * If petitioner is a corporation other than a public corporation, so indicate and name officers and major stockholders. * I f petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entiD', so indicate and name principals. * If petitioner is a lea_see, attach cop>' of lease, and indicate actual ow-hers if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. Parcels "A" and "B" are owned by L.E. and Leona Spaide. 1480 NE 103rd Street. Miami Shores. FL 33138 and are under sales contract by the petitioner. Parcel "C" comprises 2 parcels, is owned by Dell E. Cook, Trustee, 27671 Bay Point Lane, Bonita Springs, FL 34134 and is under sales contract by the petitioner. A trust breakdown is attached as Exhibit "B". Parcel "D" is owned bv JKR Investments. Inc.. a Florida Corporation. Suite 6. Camargo House. 1207 Third Street South, Naples. FL 34102. The attached authorization letters demonstrate the petitioner has permission to have all of the subject land within the PUD rezoned. The petitioner is a private corporation whose officers are shov~aa on Exhibit "C". AGEN I · [ FEB 0 8 2000 EXHIBIT "A" LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PUD Parcels "A" and 'B", the Spaide land, described as: A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florkla; subject to existing restrictions and reservations of record; and subject to an easement for public road right-of-way over and across the East 30 feet thereof;, ~nd B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County, Florida; subject to existing restrictions and reservations of record; and subject to an easemem for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof. LESS C. A parcel of land in Sec. 18, Twp. 49S, Rng. 26E, more particularly described as follows: COMMENCE at the SE corner of Sec. 18, Twp. 49S, Rng. 26E; thence North 00°39'46" West 2639.68 feet to a point; thence North 00°40'16" West 1319.90 feet to the POINT OF BEGINNING; thence South 89°36'42'' West 461.39 feet to a point; thence North 14036'28" West 680.88 feet to a point; thence North 89037'08" East 625.38 feet to a point; thence South 00°40'16" East 659.95 feet to the POINT OF BEGINNING. Parcel "C", the Cook land, described as: The N 1,'2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way. Parcel "D", the Rayburn land, described as: The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rag. 26E, Collier County, Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way. FEB 0 8 2000 EXHIBIT "B" 1-75 & PINE RIDGE RD. LAND TRUST SEC. 18-49-26 DELL E. COOK, (TRUSTEE) 27670-B4 BAYPOINT LANE BONITA SPRINGS FL. 34134 PHONE 941-992-5300 JAMES G. COLEMAN 4060 TAMIAMI TR. N. NAPLES FL. 34103 PHONE 941-261-7776 % of Ownership 25% 25%. WILLIAM. ~ROEDER 4482 2rd AVE N.W. GOLDEN GATE, ~,~Dr.~.~c FL. 34116 PHONE 941-455-5554 25% LYNN DAFFRON ~ 854 HARBOR LN. APLES FL. 34109 PHONE P4~-774-3737 12.5% ~T~ T~ 1988 45th ST. s.~. NAPLES FL. ~/z ~ PHONE 941-353-6450 TOTAL 12.5% 100% FEB 0 8 ZOO0 EXIq~IT Mark Bates is President of Gulf Sun Corporation, 533 Tulle Hatch Lane, Naples, Florida 34103 and Buford Bates is Secretary-Treasurer of Gulf Sun Corporation. .Mark Bates has 100% interest in Gulf Sun Corporation. NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL RE: Proposed 78-Acre Residential PUD, Located East of Whippoon~ill Lane in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida To Whom It May Concern: Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104, Fort Myers, Flodda 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples, Flodda 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples, Florida 34105 have been engaged by the contracted purchaser, who is also the applicant, to act as authorized agents and to request necessary applications during the ElS Preparation and Review/PUD Rezoning petition process for the subject project. The applicant also acknowledges to have unified control over all of the acreage within the proposed PUD. Sincerely, Printed Name/Title Signature STATE OF FLORIDA COUNTY OF C_:o~. (~ .e,"" The foregoing instrument was acknowledged before who is/are personally known_to me or have produced ~s identification and who did (did not) take an oath. Pdnted Name My Commission Expires: SEAL me this [I day of F ECE VED MAR 2 ~+ 1999 pUD98 .---~7j~ ~_LT~" FEB 0 8 2000 EXECUTIVE SUMMARY PETITION NO. PUD-99-15 MICHAEL FERNANDEZ, AICP, OF PLANNING DEVELOPMENT, INC., REPRESENTING DEAN HUFF, TRUSTEE, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS ALEXANDRIA PUD FOR A MXIMUM OF 72 DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD EXTENSION, SOUTH OF PINE RIDGE ROAD (C.R. 896) AND NORTH OF GOLDEN GATE PARKWAY (C.R. 886) IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.58 +/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of Rural Agricultural, "A" to Planned Unit Development, "Alexandria PUD" for the purposes of building 72 dwelling units for residential land uses on 19.58 +/- acres, providing for development tracts consisting of single family and multi-family development areas, preserve and lake areas and street right-of-way. CONSIDERATIONS: The site is located approximately 3,800 feet south of Pine Ridge Road and 9,100 feet north of Golden Gate Parkway, fronting on the future extension of Livingston Road. The applicant proposes to develop the property for a maximum of 72 single family and multi-family dwelling units at a density of 3.67 dwelling units per acre. The project will include a central amenity area which will provide for active recreational facilities for the residents. There is a 2.74 acre lake and approximately 4.9 acres of upland and wetland preservation areas. Access to Alexandria PUD will be provided from the future extension of Livingston Road. Access will be shared with the proposed project to the south. At a meeting held on January 11, 2000, the Board of County Commissioners approved staff's recommendation to require the property owners in the Whippoorwill Lane/Livingston Road development area to initiate a collaborative effort to address and resolve the matter of proportionately sharing the cost of infrastructural improvements. Taking 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 properties in the defined area. Furthermore, the Board approved that stipulations be made common to each rezoning approval which would insure the establishment of Whippoor~vill Lane as a public road and an east/west connector between Whippoorwill Lane and Livingston Road, and provide for a proportionate cost sharing for infrastructural improvements related to stormwater management and sewer and water service. A~ E N.D& ~T~ FEB 0 8 2000 The staffs recommendation contained in this executive summary has stipulations which have been specifically crafted to address the aspect of cost sharing for infrastructural improvements and other requirements as directed by the Board of County Commissioners. Development Standards - The proposed development standards for the project are similar to the residential district zoning standards which most closely characterizes the uses authorized by this district. Building heights for multi-family structures are limited to 40 feet and all other residential structures are limited to 35 feet in height. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: · Correctional Facilities $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 $117.97 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.00 per unit. Since this project proposes 72 units, the total amount of residential impact fees collected at build- out will total $198,504.00. 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. 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 ut: ':'-' FEB 0 8 2000 are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The approval of this rezoning request will not affect or change the requirements of the Growth Management Plan. Traffic Circulation: While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by making Whippoorwill Land and an east-west connector to Livingston Road a public urban collector. This road will serve to alloxv a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction to the arterial road system equates with lessening the burden on the arterial road system. Nevertheless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that supports a decision to deny or phase development event though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road, because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed for another three years. Regardless, these conditions are specifically allowed to exist under policies in the Growth management Plan. That is not to say that project could not be phased to minimize these impacts; however, at this point in time, staff is unable to develop a phasing plan that would equitable serve all of the proposed projects in this area, and further recognizing that one project is already approved with 462 dwelling units. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff'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. Therefore, no Historical/Archaeological Survey and Assessment is required. FEB 0 8 2000 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission forward a recommendation to the Board of County Commissioners for approval of Petition PUD-99-15, Alexandria PUD with the following stipulations: Amend the appropriate sections of the PUD document to read as follows: The value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne in equal proportions by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane or its east/west extension. Said valuation shall be based on the provisions of Section 2.2.20.3.7. of the Land Development Code and shall be calculated on a per unit basis or by similar method which is agreed to by the all of the affected property owners and Collier County. If the Traffic Circulation Element (TCE) to the GMP is successfully amended to recognize Whippoorwill Lane and its east/west connector as an urban collector, then the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County in which it will be agreed to and determined that any short fall between impact fees and the actual cost of acquiring and constructing Whippoorwill Lane by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize either segment of roadway. Said short fall in cost shall be apportioned on a per unit basis or by similar method which is agreed to by the all of the affected property owners and Collier County. Collier County agrees to pursue the amendment of the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. 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 shall take place prior to the issuance of building permits. o A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Both of these actions shall take place prior to the approval of any subdivision plat or site development ~-]~,_ ~.~-[_ FEB 0 8 2000 Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any Collector or Arterial Road and must be a minimum of 100 feet from a public right-of-way. Section 3.6 of the PUD document shall be revised to reflect the above stipulation. The PUD Master Plan shall be revised to show a separate 30 foot wide right-of- way reservation along the western property boundary for the future Livingston Road right-of-way, plus 15 feet of compensating right-of-way for a northbound turn lane. Any required landscape buffer for the development shall be located outside the limits of said 30-foot reservation. If dedicated to the County, dedication of this land shall occur within ninety (90) days of any request to the developer for the County. Section 4.3.C. on page 20 of 26 of the PUD document shall be revised to read as follows: Maximum Height: Three (3) stories for a maximum height of 35 feet. 10. Shared road access to Livingston Road shall be provided between the subject site and the property abutting to the south currently known as the proposed Balmoral PUD. The PUD Master Plan shall be amended to show an interconnection from the Alexandria PUD to the Balmoral PUD which will provide the residents of Alexandria PUD access directly to the future Whippoorwill Lane and/or its east/west connector via the Balmoral PUD. 11. The petitioner shall clarify either on the PUD Master Plan or within the PUD document that the shared access between the proposed Balmoral and Alexandria PUD's shall be limited to right-in and right-out access from the proposed Livingston Road unless otherwise approved by the Transportation Services Director at the time of Preliminary Subdivision Plat approval. EAC RECOMMENDATION: The EAC voted unanimously to recommend approval of the project subject to staffs stipulations. PLANNING COMMISSION RECOMMENDATION: At a public hearing held on January 20, 2000 the CCPC voted 8-1 to forward PUD-99-15 to the Board of County Commissioners with a recommendation for approval subject to all of staffs stipulations. It is staffs interpretation that the dissenting Commissioner voted against the project because in her opinion the project is premature. While she supported the concept that all projects in this area should be developed in a coordinated manner with regard to public roads, storm drainage, water and sewer utilities, she felt that the details of the cost sharing should be worked out prior to the project's approval. FEB 0 8 2000 PREPARED BY: ~SUSAN MURRAY, AICP ._j CHIEF PLANNER DATE REVIEW~E~ BY: / RONALI~ F. NINO, AICP, NCA'NAGER CURRENT PLANNING SECTION DATE ROBE~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED Y: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. Petition Number: PUD-99-15, Alexandria PUD This petition has been tentatively scheduled for the February 8, 2000 Board of County Commissioners meeting. 2000 Memorandum To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 1, 1999 PETITION: PUD-99-15 ALEXANDRIA PUD OWNER/AGENT: Agent: Owner: Mr. Michael R. Fernandez, AICP Planning Development Inc. 5133 Castello Drive, Suite 2 Naples, FL 34104 Dean Huff, Trustee 3411 N. Tamiami Thai Naples, FL 34103 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of "A" Agricultural to "PUD" Planned Unit Development for the purposes of developing 72 dwelling units for residential development on 19.58+/- acres, providing for development tracts consisting of single family and multi-family development areas, preserve and lake areas and street right-of way. FEB 08 20011 GEOGRAPHIC LOCATION: The subject site is located within Section 18, Township 49 South, Range 26 East, approximately 3,800 feet south of Pine Ridge Road and 9,100 feet north of Golden Gate Parkway, fronting on the future extension of Livingston Road. PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for a maximum of 72 single family and multi- family dwelling units at a density of 3.67 dwelling units per acre. The project will include a central amenity area which will provide for active recreational facilities for the residents. In addition to the central recreation center, there is a 2.74 acre lake and approximately 4.9 acres of upland and wetland preservation areas. Access to Alexandria PUD will be provided from the future extension of Livingston Road, between Pine Ridge Road and Golden Gate Parkway for which the property owner will be required to dedicate 30 feet of land for the future right-of-way for Livingston Road. Access will be shared with the proposed project to the south. SURROUNDING LAND USE AND ZONING: Existing: The subject site is vacant and heavily vegetated. The site presently has a Rural Agricultural (A) zoning designation. Zoning Land Use Surrounding: North - Rural Agricultural (A) Single Family residential South - Rural Agricultural (A) Vacant; under rezoning consideration for residential PUD ~ 3.88 du/acre East - Rural Agricultural (A) Lake; Vacant, vegetated West - Future Livingston Road ROW ROW; FPL Easement; Kensington Park PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use residential PUD, for single family and multifamily land uses, which are authorized uses of land in the urban residentially designated area as described in the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. 2 FEB 0 8 2000 pg. iTEM 0 B 2000 Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: Land Use Residential Density: The projected density of 3.67 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre Lands surrounding the subject site are developed with densities which range from 1 unit per 5 acres (Rural Agricultural), 1.34 dwelling units per acre for Wyndemere PUD; 3.62 dwelling units per.acres for the proposed Livingston Village PUD; 3.88 dwelling units per acre for proposed Balmoral PUD; and 5.51 dwelling units per acre for Whippoorwill Lakes PUD. Traffic Circulation Element - The subject site's generated traffic does not exceed the significance test standard (5 percent of the LOS "C" design volume) on Livingston Road within the project's radius of development influence (RDI). Technically, approval of this petition is consistent with the Traffic Circulation Element (TCE) policies which speak to the Level of Service relationships and the degree of impact allowed by development before we can justify a denial or a phasing plan attributable to consistency with the TCE conclusion. Basically, the benchmark for determining consistency is one which alloxvs a degradation of the LOS below a certain standard (i.e. LOS "D") when committed improvements will correct the deficiency within a three year time frame. The three key arterial roads which are affected are, Airport-Pulling Road, Pine Ridge Road, and Livingston Road, all of which will be improved to create and increase capacity within the next three years. In view of these conditions, we have to conclude that this petition is consistent with the Traffic Circulation Element. Interconnection of projects wherever possible is encouraged by the Traffic Circulation Element of the Growth Management Plan. The site is bounded by the future Balmoral PUD to the south. The subject site's PUD Master Plan indicates that there is a planned shared access between both projects from Livingston Road. It is staff's recommendation that the Balmoral PUD allow residents of the Alexandria PUD unconstrained access through the Balmoral PUD in order to allow the residents direct access to Whipporwill Lane and its east/west connector which will further the intent of the TCE relative to Policy 7.2. An interconnection between the subject site and the property to the north is not feasible. This site is currently zoned Rural Agricultural and is developed with a single family residence. Interconnection between the subject site and the property to the east may not be feasible due to physical constraints (abutting lake and planned preserve area on the subject site). This TCE consistency evaluation is based on the individual project. However, there are. r~yen ~_. proposed projects located in the area west ofi-75, south of Pine Ridge Road, north o! ~o~~ ti// 3 I FEB 08 ZOO0 I pg. 11 - Wyndemere PUD and east of the future Livingston Road extension. Cumulatively, these petitions affect approximately 500 acres of land. If current zoning requests are approved, 2,448 dwelling units will be authorized for development. 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 their 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 2,448 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 intersection 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. The PUD document should establish a commitment to a proportionate sharing of costs of infrastructure improvements. This includes the establishment of a public, local collector road consisting of the improvement of Whippoorwill Lane to the project's northern boundary and the establishment of a public local collector road south and near parallel the Section line between Sections 18 and 19 and the Kensington Canal, or alternative locations as described in staff's stipulations. 4 FEB 0 8 2000 Other Applicable Element (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 commensurate with urban intensification. 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 Kensington 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 fights and/or additional land area to expand its capacity, stormwater runoff from Livingston Road will have to be accommodated othem'ise. An 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. It is the desire of the County and the South Florida Water Management District that planning and permitting for stormwater management and utility expansion occur in a comprehensive manner, incorporating all planned and approved developments in an area-wide stormwater management plan and utility expansion plan. 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. Staff's recommendation incorporates stipulations which would require the development to perform certain actions as a condition of approval which would address stormwater concerns on an area-wide basis. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff'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. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible for the above referenced areas of critical concern has reviewed the subject petition. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. FEB 0 8 2000 This petition was reviewed by the EAB and staff recommended approval subject to conditions, which have been incorporated into the attached ordinance. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- 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 land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The subject property is located within the Urban Residential Mixed use subdistrict future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The majority of the site is vacant and vegetated. The PUD document indicates the proposed development plan for the 19.58-acre site is for single family and 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 approximately four (4) development tracts throughout the site surrounding a lake and abutting a vegetate(l preserve 6 FEB 0 8 2000 area. The residential development areas are primarily located along the boundaries of the site, extending internal to the site surrounding a 2.74 acre lake. The preserve area is located adjacent to northeastern property boundary. The total preserve area is planned for approximately 4.9 acres. The maximum building height is limited to 35 feet for single family dwellings and 40 feet for multiple family dwellings. The maximum height for structures in the Recreation area is 35 feet. Access to the site is proposed from the future extension of Livingston Road and is proposed to be shared with the proposed Balmoral PUD, abutting the site to the south. On-site circulation functions primarily in a looped or circular pattern throughout the development. The entrance from Livingston Road leads along a shared access drive then turns north into the subject site. The project will dedicate approximately 30 feet in width of land along its western boundary for the future extension of Livingston Road. The applicant proposes to architecturally unify the structures, signage and landscaping throughout the project. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments within the area. Traffic: While we recognize the current deficiencies that exist on the County's arterial road system, which will be further impacted by this and other developments in the immediate area of Pine Ridge Road, nevertheless, required improvements imposed on this and other developments should positively contribute to easing the burden of traffic impacts. This will be accomplished by making Whippoorwill Land and an east-west connector to Livingston Road a public urban collector. This road will serve to allow a choice in direction to and from Livingston Road and Pine Ridge Road. Multiple choices in direction to the arterial road system equates with lessening the burden on the arterial road system. Nevertheless, a current deficiency condition on Pine Ridge Road will not be corrected simply by the action to make the Whippoorwill Road improvements. This project by itself does not exceed the threshold of impact that supports a decision to deny or phase development event though we realize that the aggregate projects proposed in this area will have a significant impact on an already deficient Pine Ridge Road, because Livingston Road will not be completed for another two years and the widening of Pine Ridge Road will not be completed for another three years. Regardless, these conditions are specifically allowed to exist under policies in the Growth management Plan. That is not to say that project could not be phased to minimize these impacts; however, at this point in time, staff is unable to develop a phasing plan that would equitable serve all of the proposed projects in this area, and further recognizing that one project is already approved with 462 dwelling units. Utility Infrastructure: The project site will be served by a full range of services and utilities provided by Collier County. All development must comply with surface water management requirements invoked at the time of site development plan approval. Staff's recommendations as a condition of approval advocate an area-wide master plan for the extension of utilities and a comprehensive stormwater management plan and permitting for the subject site and surrounding proposed development. Community Infrastructure and Services: The project site is located approximately 2 miles from Activity Centers located at Pine Ridge Road and 1-75 and Pine Ridge Road and Airport Pulling Road. The site is less than 1/2 mile from commercial development fronting Pine Ridge Road from the future extension of Livingston Road. The subject property has access to a wide range of community infrastructure, which is enhanced by its proximity to the aforementioned activity center. Shopping centers, business offices and medical offices are all or in the future will be within a short driving distance. Summary: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD development strategy for single family and multifamily residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification. 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of staffs recommendations, the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with urban densities of development at a density of 3.67 dwelling units per acre. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission forward a recommendation to the Board of County Commissioners for approval of Petition PUD-99-15, Alexandria PUD with the following stipulations: Amend the appropriate sections of the PUD document to read as follows: The value of land for the acquisition of the Whippoorwill Lane right-of-way and the east/west road right-of-way shall be borne in equal proportions by all of the property owners of each Planned Unit Development having frontage on or access to W ~ippco~q,~-z t-5-- 8 FEB 0 8 2000 Pg. ?&___ Lane or its east/west extension, which by design enables traffic to utilize Whippoorwill Lane or its east/west extension. Said valuation shall be based on the provisions of Section 2.2.20.3.7. of the Land Development Code and shall be calculated on a per unit basis or by similar method which is agreed to by the all of the affected property owners and Collier County. If the Traffic Circulation Element (TCE) to the GMP is successfully amended to recognize Whippoorwill Lane and its east/west connector as an urban collector, then the Developer agrees to enter into a Developer Contribution Agreement (DCA) with the County in which it will be agreed to and determined that any short fall be~reen impact fees and the actual cost of acquiring and constructing Whippoorwill Lane by all of the property owners of each Planned Unit Development having frontage on or access to Whippoorwill Lane or its east/west extension, which by design enables traffic to utilize either segment of roadway. Said short fall in cost shall be apportioned on a per unit basis or by similar method which is agreed to by the all of the affected property owners and Collier County. Collier County agrees to pursue the amendment of the Traffic Circulation Element of the Growth Management Plan in order to amend the Trafficways Map to show Whippoorwill Lane and its east/west extension as an Urban Collector roadway. 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 shall take place prior to the issuance of building permits. A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide design standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to a project having area-wide benefits will be prorated against all benefiting property owners. Both of these actions shall take place prior to the approval of any subdivision plat or site development plan. Chain link and wood fencing are prohibited as perimeter project fencing along the site's frontage on any Collector or Arterial Road and must be a minimum of 100 feet from a public right-of-way. Section 3.6 of the PUD document shall be revised to reflect the above stipulation. The PUD Master Plan shall be revised to show a separate 30 foot wide right-of- way reservation along the western property boundary for the future Livingston Road right-of-way, plus 15 feet of compensating right-of-way for a northbound turn lane. Any required landscape buffer for the development shall be located outside the limits 9 FEB 0 8 2000 10. of said 30-foot reservation. If dedicated to the County, dedication of this land shall occur within ninety (90) days of any request to the developer for the County. Section 4.3.C. on page 20 of 26 of the pLTD document shall be revised to read as follows: Maximum Height: Three (3) stories for a maximum height of 35 feet. Shared road access to Livingston Road shall be provided between the subject site and the property abutting to the south currently known as the proposed Balmoral PUD. The PUD Master Plan shall be amended to show an interconnection from the Alexandria PUD to the Balmoral PUD which will provide the residents of Alexandria PUD access directly to the future Whippoorwill Lane and/or its east/west connector via the Balmoral PUD. The petitioner shall clarify either on the PUD Master Plan or within the PUD document that the shared access between the proposed Balmoral and Alexandria PUD's shall be limited to right-in and right-out access from the proposed Livingston Road unless otherwise approved by the Transportation Services Director at the time of Preliminary Subdivision Plat approval. 10 FEB 0 8 2000 PREPARED BY: -~USAN MURRAY, AICP ~J CHIEF PLANNER .f RON ) F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT ~. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVE]} BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV. DATE Petition Number: PUD-99-15 StaffRepon for January 20, 2000 CCPC Meeting NOTE: This Petition has been tentatively scheduled for the February 8, 2000 BCC meeting. co RUSSELL A. BUDD, CHAIRPERSON REZONE FINDINGS FOR PETITION PUD # 99-15 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth .Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the goals, objectives and policies of the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: The site has a Rural Agricultural (A) zoning designation. The site is heavily vegetated. Zoning North - Rural Agricultural (A) South - Rural Agricultural (A) East - Rural Agricultural (A) West - Future Livingston Road ROW 13 Surrounding: Land Use Single Family residential Vacant; under rezoning Consideration for residential PUD @ 3.88 du/acre Lake; Vacant, vegetated ROW; FPL Easement; Kensington Park PUD &C.-~F__NDA ITEJ~ ;cED 0 8 2000 The current Agricultural "A" zoning designation allows for development of single family residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Nearby the subject site to the south and west are existing single family and multiple family residential development/golf course communities generally developed at densities between 1.34 and 1.54 dwelling units per acre. Abutting properties to the south and east are proposed for rezoning to residential PUD's at densities ranging from 3.62 to 5.51 dwelling units per acre. The proposed density of 3.67 dwelling units per acre will be compatible to those projects upon their approval, and is compatible to similar urban densities associated with non-golfing communities throughout the County. 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. Summary Findings: The site is adjacent to future residential development to the south and east, and existing residential development to the north and west. The proximity to adjacent developments justifies a rezoning action to PUD for residential purposes. 4. 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. They allow for the dedication of right-of-way for the future Livingston Road extension and preservation of an existing environmentally sensitive land on site. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property and because it is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 14 *,GENE; A i TF...N4 2000 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the south and east. Con: None. Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood due to the similar nature of the surrounding development. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) The proposed development of the subject property is consistent with the provisions of the Traffic Circulation Element of the Growth Management Plan, therefore the additional traffic generated by the proposed development should not adversely affect the level of service standards on adjacent public roads. (ii) Access to the subject property is will be shared by the subject site and the property to the south, eliminating the need for an additional entrance onto Livingston Road. Con: The subject site is part of a pattem of development which is occurring simultaneously within the same area. There is a need to address area wide transportation, stormwater and utility extension requirements on a cumulative basis. Conditions of approval as recommended by staff in this report are intended to facilitate cooperation between property owners in order to address level of service concerns as a cumulative impact with regard to transportation, and an area-wide stormwater management and utility extension plan. Summary Findings: Level of service issues which occur from development within this area on a cumulative basis, as well as planned utility expansion and stormwater management issues, should be able to be addressed provided proper utility easements, stormwater management facilities and road right-of-way is secured prior to any substantial development occurring within the general area. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. In the final analysis all projects are subject to the Concurrency Management system. 15 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Development within this area happens to be occurring simultaneously. It is the desire of the County and the South Florida Water Management District that planning and permitting for stormwater management occur in a comprehensive manner, incorporating all planned development in an area-wide stonnwater management plan. Summary Findin£s: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Staff's recommendation incorporates stipulations which would require the development to perform certain actions as a condition 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 are subject to the development standards that are unique to the zoning district in which it is located. These development standards and other apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. 16 A GF_.~ A ITk~ Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary Findines: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future improvement or development of adjacent property. 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: Since consistency with the Future Land Use Element as part of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property is not undevelopable under its current zoning designation. Surrounding properties south and west of the site are already developed with land uses of a similar nature. 17 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. Summary Findings: The proposed development complies with the Future Land Use Element of the County's Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: This is a special purpose petition which involves establishing a density not otherwise available in an existing Agricultural zoning district. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth management Plan as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve the development, upon their extension. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. 18 ~'EB 0 8 2000 FINDINGS FOR PUD PUD-99-15 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) The subject site is located within the same neighborhood as existing residential development to the east, west and south. (ii) (iii) The subsequent development of the site will provide a logical extension of residential development consistent with surrounding development. Several similar projects are under review at this time for zoning approval to PUD which would allow similar types of development at comparable densities. Con: (i) Traffic and access, drainage, sewer, water and other utilities should be addressed on an area-wide, cumulative basis. Several projects in this area are under consideration for a rezoning action to allow residential development. Cumulative impacts of development of all of these projects will have considerable impact on traffic and access, drainage, sewer, water and other utilities. 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 staff report should provide assurance that all infrastructure will be developed and be consistent with County regulations for the region as a whole. 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. 19 e o Adequacy of evidence of unified control and suitabiliW of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformi~' of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. The subject property is designated Mixed Use Urban Residential on the FLUE to the GMP. The internal and external compatibility, of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: The PUD Master Plan has 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 amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 20 2000 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. Additionally, staff's recommendations concerning transportation, stormwater management and utility extension should help assure the adequacy of available improvements, both public and private, on an area-wide basis. See Finding No. 1, also applicable for this finding. 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 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. Recommendations by staff have been made as conditions of approval which should insure the ability of the surrounding area to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Findine: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for similar residential structures. 21 2000 APPLICATION FOR PUBLIC HEARING FOR: Petition No.' ~ [ ~-} ~' ~ ~ 1 ~, ' Date Petition Received: Commission District: Planner Assigned:. "2 L.f) ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s): Dean Hut'[.. Trustee Applicant's Mailing Address: 3411 N. Tamiami Trail City: Napl¢~ Applicant's Ielephone #: Name of Agent: State: Florida 941-659-5323 Fax: Michael R. Fernandez. AICP Firm: Zip: 3410.~ 941-659-5324 Planning Development. Ina Agent's Mailing Address: City: Naples Agent's Telephone #: 5133 Castello Drive. snit¢ State: Florida 941-263-6934 Fax: Zip: 941-263-6981 34104 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES / CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FLORIDA 34104 PHONE (941) 403-2400 / FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary). APPLICATION FOR PUBLIC HEARING FOR PUl) REZONE - 5/98 Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address N/A City State ~ Zip City State ~ Zip City State __. Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip Disclosure of Interest Information: If the property is oWned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership 8 2000 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 TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address James J. Dovolis, Trustee Percentage of Interest $0% Wales Trust Carol Knutson. Co-Trustee .lean younger. Co-Trustee 31arcia Mecheon Marilyn Whitehurst Connie Scott $0% 20% 20°,4 20% 20% 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 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 3~ If there is a CONTRACI 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 J. D. Nicewonder I00 % Date of Contract: December 3. 1998 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address Date subject property acquired (X) leased ( ):~Term of lease . Yrs/mos Iff 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. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 16' Township: 49S Ranse: 26E Lot: Block: Subdivision: Plat Book Pase #:__ Property I.D.#: Metes & Bounds Description: Please see attached Exhibit "A" Size of property: 1.2924. ft. X 660 + fl.. =Total Sq. Ft. ~ Acres 19.58 4- Address/general location of subject property.: 3,800 4.feet south of Pine Ridge Road and 9.100 +feet north of Golden Gate Pariovay: with 660 +feet of frontage on the east side of the future Livingston Road. Adjacent zoning and land use: Zoning Land use N A Equestrian Center S A V6cant- Undeveloped E A Borrow Pit W R/W Future Livingston Road APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 AGENDA ITEM 0 8 2000 Page 5 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). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. Rezone Request: This application is requesting a rezone from the A - Agriculture zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vac~tttt- Undeveloped Proposed Use (or range of uses) of the property: Residcntia! Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 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. Standard Rezone Considerations (LDC Section 2. Z 2. 5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and fitture land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 ~GEN~A ITF2M . EB 0 8 2000 Page 6 4. Whether existing district boundaries are illogically drctwn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely in. fluence li~wlg conditions in the neighborhood o Whether the proposed change will create or excessively increase traffic congestion or create t)l)es of trqf. fic deemed incompatible with surrounding land uses, because of peak volumes or projected Opes o, f vehicular trqf. fic, 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 aim air to adjacent areas. I0. Whether the proposed change wdl seriousl)., affect property vah~es in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the pubhc welfare. 13. Whether there are substantial reasons wh)' 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. Whether it is impossible to find other adequate sites in the counO,for the proposed use in districts already permitting such use. 16. The physical characteristics of the property attd the degree of site alteration which wouM be required to make the property usable for any of the range of potentia/ uses under the proposed zoning classification. APPLICATION FOR PUBLIC HEARING FOR PUl) REZONE - 5/98 FEB 0 8 L IO0 ~ag¢ 7 17. The impact of development on the availability of adequate public.facilities and sera,ices consistent with the levels of sera,ice adopted itl the Collier CounO' growth management platt and as defined and implemented through the Collier County Adequate 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 of the public health, sqfety, and welfare. PUD Rezone Cor~tdderations (I_,DC Section 2. 7. 3.2. $) 1. The suitability of the area for the type and pattern of development proposed m relation to physical characteristics of the land, surrounding areas, trqf. fic and access, drainage, sewer, water, and other utilities. o Adequacy, of evidence of un~fied control and suitabifity of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made.for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the counO' attorney. Conformity o. f the proposed PUD with the goals, objectives and poficies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location o.f improvements, restrictions on design, and buffering and screening requirements. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The ability of the subject property and of surrounding areas to accommodate expansion. application of such regulations. APPLICATION FOR PUBLIC HEARING FOR PUB REZONE - 5/98 Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modi. fications of justified as meeting public purposes to a degree at least equivalent to literal AGE. t~A ITEM. 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 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? 2Y~ Additional Submittal re~.uirements: 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; 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'~" 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]; 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 structures(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], required yards, open space and preserve areas; proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. An Environmental Impact Statement (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 - 5/98 AGENDA ITEh FEB 0 8 2 00 Page 9 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. 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.). 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 archeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 0 8 2000 Page 10 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. ]~,I]~LQ,I~[2I~ Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. Required for all other rezone requests. A minor TlS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build, out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Lex,el of Sen'ice (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of sen'ice. (LOS) 5. An)' proposed impr~'ements (to the site or the external right-of-way) such as proxqding or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe an)' proposal to mitigate the negative impacts on the transportation system 7. For Rezones Only: State how- this request is consistent w4th the applicable policies of the Traffic Circulation Element (TCE) of the Growah Management Plan (GMP), including policies 1.3. 1.4. 4.4, 5.1.5.2.7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS), and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of I~,elopment APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 2000 TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation; Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RI)I) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITC) 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. Existing 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. Level of Service (LOS): 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 (RDI): The TIS shall cover the least of the followin8 two areas: a) b) an area as set forth below; or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Residential Distance 5 Miles or as required by Other (commercial, industrial, institutional, etc.) 0 - 49,999 Sq. Ft. 2 Miles 50,000 - 99,999 Sq. Ft. 100,000- 199,999 Sq. Ft. 200,000 - 399,999 Sq. Ft. 400,000 & Up 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI, the TlS shall provide the measurement in road miles from the proposed project rather than a geometric radius. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - ~/98 FEB O 8 2 Pa el2 10. 11. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map, or alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Pl#nned / Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of approval. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 o STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST Name of Applicant(s): ..... Dean Huff. Trustee Applicant's Mailing Address: 3411 N. Tamiami Trail City: Na_vles State: Florida Zip: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): $4102 Section: 18 Township: 4P$ Range: 26E Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Please see attached Exhibit "A " TYPE OF SEWAGE DISPOSAL TO BE PROVDED (Check Applicable System): a. COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVDE NAME: d. PACKAGE TREATMENT PLANT [] (GPD capacity) e. SEPTIC SYSTEM [] TYPE OF WATER SERVICE TO BE PROVDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVDE NAME: d. PRIVATE SYSTEM (WELL) X [] [] APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 Page 14 TOTAL POPULATION TO BE SERVED: z2x 78 = 172 2. 2 x (# units) PEAK AND AVERAGE DAILY DEMANDS: A. WATER - PEAK: 10.164 ~vd AVERAGE DAILY: 78 x Z2 x l$4 = 2~,426 ealions B. SEWER - PEAK: 6.607gpd AVERAGE DAILY: 78 x 2. 2 x 100 = 17.160 gallons IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED; October, 2000 10. 11. 12. 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 affluent 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 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 Collier 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. The Written Notarized Statement Will be Provided Prior to A_~t~roval 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. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 5/98 A~A ITEJ~ 8 2000J PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or COPIES REQUIRED REQUIRED 1, Completed Application 15 X 2. Co~' of Deed(s) and list identif3~ing Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/Agent Affida,~4t, Notarized 1 X 4. Pre-Application Notes/Minutes 15 X 5. Conceptual Site Plan N/A X 6. Em~ironmental Impact Statement - (ELS) 4 X To be proxsded under separate cover. 7. Aerial Photograph - (ruth habitat areas identified) 4 X 8, Completed Utility ProxSsions Statement (vdth required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. I-Iistoncal and Archaeological Survey or Waiver 4 X Application 11, Copies of State and/or Federal Permits N/A X 12. Architectural Rendenng of Proposed Structure(s) N/A X 13. Application Fee. Check shall be payable to Collier 1 X Count3.' Board of Commissioners 14. Other Requirements - 4 Bounda~' Survey' Stormwater Management Re~ort 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. Agent / Applicant Signature APPLICATION FOR PUBLI~ HEARING FOR PUl) REZONE - 5/98 Apr-O5-gg 02: 50P DEAN £ HUFF 04,"~2 99 15:3~ P.02 FOR PURLIC HEARt,~tG /~OR PUD RE_ZQ~ 2000 04/02/99 16:39 Jol: 374 Page true t~, the ~e~l o.f o,,r knr,.'k'd~e, u~,d ~'l/~ff We 1 ~,~Me,-.,'za/M /hat OIb2(n Youn~r ~ean You.,nge r 7999, ~y ...Jean .Younger Drivers License m' Minnesota o/ Renvi 1 le .zLJLELJf~r~i~L[[~J~]C II£ARI)~IG_FOR PUL~ REZONE FEB 0 8 2000 EXHIBIT "A" LEGAL DESCRIPTION TI-IE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA: AS RECORDED IN O.R. BOOK 803, PAGE 1483, PUBLIC RECORDS OF COLLIER COUNTY. THE NORTH % OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SURVEYED PARCEL CONTAINS 19.58 ACRES. MORE OR LESS. i ~E3 0 8 201 Signed, Sealed and Delivered ~n the Presence of: OR BOOK PAGE Signed, Sealed and Delivered in~e Pressnce of: Witness Name: Witness Blair E. Younger STATS or ~?/~ W ~ ) ss: COUNTY OF .~0 f~ L~ ) I HEREBY CERTIFY that on this ~ day of ~-'~ ., 199__, before me, an officer duXy authorized in the Sta~e and County aforesaid to take ecknowledgments personally appeared Jean £. Younger, Joined ~y ~er husband B~air E. Younger, to me known to ~e the per~ons described in and who execute~ the foregoing instrument and they acknowledged before me that ~hey executed the same. I am & Notary Public in the State of ~/~JV _, and my commission expires ~ /~ - 97 (OFFICIAL SEAL) [___'~m'~~__~__~NE~'~d;~y PUBLIC ......... Name: -3- ENVIRONMXNTAL ADVISORY COUNCIL STAFF REPORT .MEETING OF OCTOBER 13~ 1999 Item V.B. Ve NAME OF PETITIONERfPROJEC'r: Petition No.: Petition Name: Appiktnt/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Planned umt Development No. PUD-99-15 Alexandria PUD Dean Huff, Tmst~ Swanson & Assocmtes Consulting Engineers, Inc. Pa~sarella and Associates, Inc. The subject prolx'rty is an und~vel~ 19.6 acre parcel located on the east ~ of f~mre Livingston Road ~:~-oximat~ly 3,800 feet south of Pine Ridge Road and 2,300 feet west of 1-75 in Section 18, Township 49 South, R~nge 26 Ezst, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are primarily undeveloped with the following zoning classifications. ZONING DESCRIPTION N - Agricultural Single Family R~sid~ee S - Agncultu~l Undeveloped E - Agricultural Undevclol~J W- Agricultural Futu~ L~ Road R.O.W. / FP&L Trammi~o~ Li~e Easement PUD (Kensm~n Park) PaxxmRy Developed PRo,rz ~ applicant reques~ a remmm5 t~ Plmmed Unit Develotnmmt (PUD) in order to comm~ a mmumum of 72 siagle fmmly md multi-family dwel~ia~, um~ at a d~mity of 3.67 anita l~r ~ o~ 19.58 acres of lm~L Ac. ce~ to tbe site will be provid~ fram the futu~ Livinom~ Rind Gi~OWI~ MANAGgMgNT ~ CON~ISTRIqCY: FEB 0 8 000 EAC Me~i~g ............................................................................................ October 13, 1999 PI_rD 99-15 Page 2 us~ classificanon allows a rmxture of land uses, specifically single fsmfiy and multi-family development, recreational uses, and limited co ...... ercxal land uses. The project is eligible for a base density of `* dwelling umts per acre as provided by the FLUE Density Rating System. The proposed densgy for the prOject ~s 3.67 umts per acre which is less than the max-tmum dsm$it'y provided by the FLUE. therefore it is consistent vath the FLUE Pohcy 5.1. The project development is compaUble and complimentary to eX~Stmg and future surrounding land us~ as required in Policy 5.,* of the FLUE. The Alexandria PUD implements Policy 5.6 of the FLUE in that a minimum of sixty. (60) percent of the project will be open space. The project will be served by a complete range of services and utilities as approved by Collier County. VI. MAJOR ISSUES: Water Management: This project is located W~thin an area which has been identified as a study area for possable consolidation and control of stormwater management. The ~Kenamgton Ditch" is the mare outfall for the Whippoorwill area which is north of Wyndemere, east of Livingston Road, west of 1-75 and south of Pine Ridge Road. Internal drainage on this project will consist of a lake for water quality retenuon and peak flow attenuation. Since there are 2.9 acres of SFWMD jurisdictional on site, the project roll be reviewed for water management by the SFWMD who have rece:ved a copy of this staff report. Environmental: Site Description: VegetaUve mapping of the property was conducted using 1"=200' scale aerial photographs and by ground la'uthing m April 1999. Habitat~ on the subject property include pine flatwoods (3.9 acx~a), pme-cypress-Melaleuca (1`*.9 acres), and disturbed land (0.8 acre). Appendix B tn the ElS co~a~$ an aerial of the site W~th FLUC'FCS overlay. According to the Collier County Soils Map, the only soil type found on the property is Holopaw fine sand~ limeswne substratum (Soil Map umt 2). The desCnpUon of this sod type is fouad in Appendix D in the ElS. Holopaw fine sand, limestone substratum is listed as a hydric soil by the Nat(ual Resource ConservaUon Service office. T'mer~ were no clear biologacal indicators nolz,:i within the wetland area to determine ~ s~asotufl high water levels. Historical high water levels, based on the observed cypress buttres~ within the wetland, are at or very near the grmmd elevation, which is approxmmtely 10.8 fe~t NGVD. Currently an on-site well momtormg ~ lam been established to help clefnm the level Planning Develolmaent, Inc. hat ~ remmrched the conmal elevation for the ~ d~velopment. See Appendix E in the ElS for a copy of the preliminary water management rc-laozt A (mai of 2.9 acr~ of South Florida Water Maxmgement District (SFWMD)/ColIier Cmmty jm'ind~c~onal wetlands ~mve been id.~ntified on th£ ia. ope~t3~. Tine single wetland is locate ~' q~ FEB 0 8 2000 53 EAC Meeung ............................................................................................ October ! 3, 1999 ?LtD 99-15 Page 3 northeast comer of the she and ~s vegetated wath a mixture of pine, cypress and Melaleuca. The acreage of the wetland may be modified as a result of the current well momtormg program_ Approximately 24 percent or 0.7 acres of the defined wetland will be xmpacted bv the proposed project. The wetland impacts are summarized in Table 3 and iljustrated tn Figure 5 of the ElS. Compensation for wetland mapacts will include the preservation and enlaancement of the remaining 2.2 acres of wetlands on-she. In addition. 2.6 acres of uplands wall be preserved. The upland and wetland preservation areas will be enhanced through the removal of exoncs such as Mclaleuca and Brazilian pepper. As part of the SFWMD pemut for the project, the following wetland nUnganon momtormg is proposed` Momtormg of the preserved wetland will consist of baseline, tUne-zero, and momtormg of vegetation, wildlife, rainfall and wetland water levels. The baseline report will document conditions on the prOject site as they currently exist. The tune-zero report will document the conditions a'amediately following exotic removal. Sampling stations and methodology of data collection Wall remain the same for the tune-zero and annual monitoring ~vent$. Preservation Requirements: In accordance with section 3.9.5.5.3 of the Collier County Land Development Code, the project will retam 25 percent (4.85 acres~ of the existing native vegetation on-site. Listed Species: A survey of the propers, was conducted on April 21, 1999 to identify species listed by the Flonda Fish & Wildlife ConservaUon Commission (FFWCC), Florida Department of Agricultural (FDA), and U.S. Fish and Wildlife Service (USFWS) as threatened, endangered, species of special concern, or commercially exploited. The survey included walking meandering transects across thc property, for a coverage of approXmaately 50 percent of the site. The results of the survey found no listed Wqdlffe species on-s~te: however, Big Cypress fox squU-rels are known to occur tn the general prOject area. Two listed plant species noted during the survey included inflated waid pine (Tilhndsia bablisia~a) and common Wald pine (Tillandsm fasculata). The Vald pines were scattered about the different vegetation commUmties on-site. VH. RECOMbI~NDATIONS: Sta~' recommends approval of Planned Unit Development No. PUD-99-15 "Alexandria PUD" with the following sUpulaUons: Water MMmfement: That Alexandria PUD obmn a Surf~,e Water Msxmgement Permit lmor to submittal of consm~ction plans for any s~tework. TlmI Alexandria PUD co ...... i~s to agree to pamcipste in any consolidation of the m-wide w~ter management system to an equitable extmlt to be det~s ,,,ined by the County Wsl~r Mmmgement Director. FEB 0 8 2000 FAC MeeUng ............................................................................................ Octol~*r 13, 1999 PUD 99-15 Page 4 Environmental: ,&mend section 2.2 (A) of the PUD document as follows by adding the underlined language. RegulaUons for development of Alexandria PUD shall be m accordance W~th the content~ of this document, PUD-Planned umt Development Dismct and other applicable secUons and parts of the Collier County Land Development Code (to the extent they are not inconsistent with the PUD Ordinaqce) and Growth Management Plan m effect at the tune of issuance of any development order to which said regulations relate which authorizes the construction of improvements. Where the regulations of this PUD Document fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. ,&mend the first paragraph m section 2.12 of the PUD document as follows by deleting the Fill storage is generally perrmtted as a principal use throughout Alexandria. Fill material generated may be stockpiled w~thin areas designated for residential development upon issuance of a Clearing and Filling perrmt. following standards shall apply: ,&mend secnon 4.10 (D) of the purE) document as follows by adding the underlined language. An exonc vegetaUon removal, momtormg, and maintenance (exoUc free) plan for the site, aqth emphasis on the conservation~preservanon areas, shall be subrmtted to Current Planning Environmental Staff for review and approval prior to Site Development Plan~Consu'ucnon Plan approval. This plan shall include methods and nme schedule for removal of exotac vegetalaou Within conservation/preservation areas. ,&mend secuon 4.10 (E) of the PUD document aa follows by adding the underlined language and deleting the .... ........ ~..u ..... o.-u 2=, ~'-gm :. ApproXamately 19 acres of the subject property remam vegetated. The developer shall preserve a minimum of twenty-five (25) percent of the tom vegetated area yielding a minimum preserve area of 4.75 acres. Permitted uses w~thill the preserve area includ-': 2. 3. 4. 5. FEB 0 8 2000 EAC Me~-Ilmg ............................................................................................ Ocm~ 13, 1999 PUD 99-15 Page 5 PREPARED BY: STAN CI-IRZANOWSKI, SENIOR ENGINEER DATE STEPHEN LENBERGER 'ENVIRONMENTAL SPECIALIST II DATE REVIEWED BY: SUSAN MURRAY, AICP CHIEF PLANNER DATE E. KUCIC P.E. REVIEW MANAGER CURRENT PLANNING MANAGER SL/gd~/c:Alexandria PUD Sta/~ /zq/qq DATE DATE FEB 0 ~ 2000 2 4 ? 0 2 4 ? $ 9 4 ? ORDINANCE NO. 2000- AN ORDINANCE ,~MENDING ORDINANCE NUMBER 91-102 THE COLLIER COL~'NTY LAND DEVELOPMENT CODE WHICH INCLUT)ES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9618 N.; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ALEXANDRIA PUD FOR A MAXIMUM OF 72 SINGLE FAMILY DWELLING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF THE FUTURE LIVINGSTON ROAD EXTENSION, (C.R.-881) SOUTH OF PINE RIDGE ROAD (C.R.-896) AND NORTH OF GOLDEN GATE P,a2~,.KWAY (C.R.-886), LOCATED IN SECTION 18. TOW'NSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 19.58+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernendez. AICP, of Planning Development. Inc., representing Dean Huff, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier CounD'. Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 18. Township 49 South. Range 26 East. Collier County., Florida, is changed from A to "PUD" Planned Unit Development in accordance with the Alexandria PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9618 N., as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -L- FEB 0 8 000 PASSED AND DULY ADOPTED by the Board of Countv Commissioners of Collier County, Florida, this __ day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency Marjoi~e M. Student ' Assistant CounT Attorney g admm/PUD-99-15 ORDINANCE:'SM~ts -2- 2000 ALEXANDRIA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For:. Dean Huff, Trustee 3411 T~m~m~ Trail North Naplea. Florida 34103 Prepared By: Michael R. Femaad~ AICP of Planning D~vei~mmt Immrl~m~d 5133 Cast, Ilo Driv~ Suit~ 2, Naplm, Florida 34103 941 / 263-6934 941 / 263-6981 fax DATE APPROVED BY BCC ORDINANCE NUMBER AMENDES AND REPEAL DOCUMENT DATE 10/14/99 PUD9 9- 15"~ EXI4~IT "A" FEB 0 8 2000 TABLE OF CONTENTS SECTION PAGE # of 26 TABLE OF CONTENTS & LIST OF EXI-HBITS STATEMENT OF COMPLIANCE I H III V 2 3 5 7 PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS 14 AMENITY TRACT: DEVELOPMENT REGULATIONS 19 PRESERVE TRACTS 21 DEVELOPMENT CO~S 22 LIST OF E~ITS / ATTACHMENTS EXHIBIT B EXHIBIT C PUD Master Plan Location Map Page 2 of 26 AG E NDA,,.t'r~ M / FEB 0 8 2000 STATEMENT OF COMPLIANCE The development of approximately 19.58 acres of property in Collier County, as a Planned Unit Development to be known as Alexandria will be in compliance with the goals, objectives and policies of Collier County as set forth in thc Comprehensive Plan. Thc residential facilities of Alexandria will be eonsistent with applicable comprehensive plmming objectives of each of the dements of the Comprehensive Plan for the following reasons: The project developmem is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Alexandria PUD implements Policy 5.6 of the Future Land Use Element in that a minimum of sixty (60) percent of the project will be open space. The subject property's lor, ation in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development will result in an efficient and economical extension of community fadlities and servic.~ as required in Policies 3.1.H and L of the Furore Land Use Element. The project will be served by a complete range of services and utilities as approved by the County. o Improvements are planned W 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. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. The project is compatible with fuijac, c~ land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development The subject property is within the Urban Residen~isl Land Use D_,~i_'gn-vlon as idemitied on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Lsnd Use ElemenffFLLrE) and therffor~ is eti~ible for the basedemityof4tmit~peracre as provided by the FLUE Den.4ty Rafin8 System The pwpoaed demity for the project i~ 3.67 unita per acre which is le~a than the maximum density prov/ded by the FLUE Density Rating System contained in the FLUE and therefore is co~6~ent with the Future Land Use Elemem Policy 5.1. Page 3 of 26 FEB 0 8 20[ In summary, the subject property, has an area of 19.58 acres; therefore, the maxim.mn number of units this development is eligible for is 75 units and the proposed development is for a mammum of 72 units. The project site will have a demity of 3.67 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. ACREAGE UNITS PROPOSED ~ER ACRE) 19.5 8 Acres 3.67 -+- Page 4 of 26 FEB .~ 8 ~000 1.1 1.2 1.3 1.4 1.5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section/s to set forth the location and ownership of the propen3t, and to describe the existing conditions of the property proposed to be developed under the project name of Alexandria PUD. LEGAL DESCRIPTION The subjec~ properly being: NORTH lA OF THE SOUTHWEST 1/4 OF THE SOUTHWEST I/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. SUBJECT PARCEL CONTAINS 19.58 ACRES, MORE OR LESS. PROPERTY OWNERSFHP The subject property is currently under the ownership and unified control of Dean Hu~ Trustee, hereinafter jointly called "applicam or developer". GENERAL DESCRIPTION OF PROPERTY AREA ho The total site area is 19.58+/- acre~ and is located approximately 3,800 feet south of Pine Ridge Road and 9,100 feet north of Golden Gate Parkway with 660 ± feet of frontage on the future extension of Livingston Road. This parcel is located within Section 18, Township 49S, RAnge 26E, Collier The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. PHYSICAL DESCRIPTION The subject property is rdatively level with elevmions between 10.00 feet and 11.00 feet above mean sea level. The p~reel is vegetated. Page 5 of 26 FEB 0 8 2000 .g. G3 1.6 1.7 Natural drainage is to the south. Water management plans for the project shall utilize lake detention areas. The subject property, has the following designation relative to flood - FEMA Flood Area Zone X, Firm Maps 120067 0385D & 120067 0425 D; Dated June 3, 1986. PROJECT DESCRIPTION The proposed development has an area of 19.58 acres and is proposed to be developed eoncurremly with the extension of Livingsxon Road. Alexandria shah consist of a maximm-n of 72 residential units developed as a mixture of single and multi-fanm'y homes in a community of individual residential tracts linked by common primary vehicular and pedestrian circulation and shared open space and common recreational amenixies. Each residential unit will be served with centrally provided potable water, sankary sewer and etectrie power. Additional services will be provided as appropriate. A minimum of 4.85 acres of existin$ vegetated area will be retained on site. The project will be accessed from the future Livingston Road. The access shall be shared with the parcel to the south and the location of the access shall be the common property line of the two parcels. This Ordinance shall be known and cited as the "Alexandria Planned Unit Development Ordinance." Page 6 of 26 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 The purpo~ of this Section is to ddineate and generally describe the project's plan of development, reiation.~ps to applicable County ordinances, the respective land uses of the u~ac~s included in the projecL az well az other projec~ relationships. Regulations for development of Alexandria 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 Coumy Land Development Code (to the extent it is not inconsistent with the PUD Ordinance) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the-~ame az thc definitions set forth in Collier County Land Development Code in effect at the t/me of building permit application. All conditions imposed and all graphic ~ presenr~ depicfin~ restrictions for the development of Alexandria shall become pan of the regulations which govern the manner in which the PUD me may be developed. Unless modifi~ waived or excepted by this PUD documen~ or az~ociated ~ t~ applicable provi.ions of otber sections of the Land Deveiopm~n Code remain in full force and effec~ with respect to the developmem of the land which comprise~ this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either SDP approval, final plat approval, or building permit issuance applicable to this development. Page 7 of 26 FEB 0 8 2.800 2.3 Fo The development of any wact or parcel approved for residenual development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any pomon of the tract or parcel. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES ko The project Master Plan, including and use of land for the acreage noted, is iljustrated graphically by Exhibit "B", PUD Master Plan. TABLE I: ALEXANDRIA ESTIMATED LAND USE SUMMARY TRACT LAND USE APPROXIMATE ACREAGE R1 (includes lake) K2 R3 R4 AMENrrY PRESERVE A PRESERVE B KESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RECREATIONAL WETLANDS & UPLANDS UPLAND VEGETATION 4.2 3.0 2.0 4.6 0.9 3.4 1.5 19.6 Note A. The Maximum Number of R~idential Units Within the PUD: 72 Units, Approxima~ly 3.67+/- Units Per Acre. Note B. The Number of Units And Iatms~ of Units per Acre Within Specific Residential Tracts May Be Vaned Provided The Number Within The Entire PUD Does Not Exceed 72 Units. Residential tract acreage includes buffers, preserved areas, other open space or recreational areas, roads and water management syst~s. The total tract acreage was utili;,ed in the determin*tlon of residential dens/ry. Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhtit "B"). The Master Development Plan is an illu~i~ nii,,e preliminary development plan. Desi~ criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satis~ development objectives and be consistent with the project development, as set forth inIbiL Page 8 of 26 FEB 0 8 2000 2.4 2.5 Modification to ali boundaries may be permitted at the time of Pretiminary Subdivision Plat or Site Development Plan approvaL, subject to the provisions 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 "B", such easemems as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acrease as may be necessary. DESCRIPTION OF PROJECT DENSITy No more than 72 residential dwetling umts shall be constructed in the 19.58 +/- acre project area. If all dwelling units are constructed, gross density will be 3.67 units per acre. DEVELOPMENT SCHEDULE The applicant estimates completion of improvements to the property should occur within five (5) years. Year "one" (1) is the year Livingston Road construction adjacent to the ~e is completed. Current County Public Works Department estimates that this Livingston Road segment should be completed by October of 2001. Year Umts Cumulative Total 2.6 2.7 1 10 10 2 lfi 25 3 20 45 4 2O 65 $ 7 72 AMENDMENTS TO PUD DOCUMENT QR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Lahd Development Code, Section 2.7.3.5. RELATED PROJECT PLAN APPROVAL REOUIREMENTS Prior to the recording of a Record Plat, and/or Condomimum Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier Co,tory governmental agency to ensure compliance with the PUD Master Plan, and as applicable, the Collier Coumy Subdivision Code and the platting laws of the State of Florida. Page 9 of 26 ~E~ 0 $ ~000 2.8 io Exhibit "B', PUD Master ?lm~, cortstitutes the required ?UD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary. Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property, and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all planed tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infra~ructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Desiffn and consu'uction of all improvements shall be subject to compliance with the appropriate provisions of the Collier Count~ Land Development Code Division 3.2. MODEL HOMES AND SAt. ES CENTERS Modal homes, sale centers and other uses and structures relaxed to the promotion and sale of real estate, such as but not limited to pavilions, viewing platforms, gazebos, parkin8 areas, tents, and si~ns, shall be permitted principal uses throuff, hout Alexandria subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the Collier County Land Development Code. Model homes/model centers including sales center shall be permitted in conjunction with the promotion of the development subject to the following: Single Family Models may be constructed after administrative approval of a plat and construction plan~, prior to recording of a plat. Models may be pemai~ed as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be an occupied unit until a permanem certificate of occupancy is issued. Co Modets may not be utilized as "sales offices" without approval by and throu~ the Site Development Plan process. The SDP process shall not be required for single family dry models pursuant to this Section. D° Temporary access and utility easements may be provided in lieu of dedicated riffhts-of-way for temporary service to model homes. Pa~e 10 of 26 FEB 0 8 2000 2.9 L~ addition to the use of model homes as sales off:ices or centers, a sales orifice or center may be mmntained on-site for the sales, marketing and administration of reereauon club memberships. LANDSCAPE BUFFERS. BERMS. FENCES_ WALLS AND GATEHOUSES Landscape buffers, berms, fences, walls and gatehouses are generally permitted as a principal use throughout the Alexandria PUD. Along the PUD boundaries, the landscape buffers, berms, fences and wails that may be installed shall have equal treatment and maintenance of the interior and exterior of said landscape buffers, benuzs, fences and wails. The following standards shall apply: A. Berrns shall have the following maximum side slopes: 3. 4. 5. Grassed berms over two feet in height - 4:1 Landscaped berm~ - 3:1 Rip-Rap berms - 1:1 Structural walled berms may be vertical Required buffer planting area - 4:1 B. Height of Landscaped Berms and Depth of Swales: A 4:1 slope shall be required for berms and swales, except under the following circumstances: The maximum height of the berm is four feet, as measured from existing ~ade, ifa 3:1 slope is u~ili~,ecl and the berm is landscaped. The maximum depth of a swale may be four feet, as measured fi.om existing grade, if a 3:1 landscaped slope is ufiliTed. A 3:1 slope is also permitted if the height of the slope is two fee~ in height or less or if the open channel is two feet in height or less. C. Fence or wall maximum height: The maximum heigh~ for all wails and fences around the perimeter of' the developmem shall be e/ght (8) feet above the fro/shed grade level of the nearest street. Walls and fences within the development shall conform with Collier County I. and Development Code requirements. D. Fence or wall setbacks: Fencea, walls and similar suu~u'~ shall have a minimum of a 5 foot setbac.& fi'om deveiopmetn boundaries where adjacent to public right-of-way and a 2 foot setback fi.om all other land uses. Page 11 of 26 FEB 0 8 2000 2.11 2.12 Pedestrian sidewalks, bike paths, water management facilities and structures may be incorporated into the required landscape buffer areas, consistent with Section 2.4.7.3.4 of the Land Developmem Code. Gatehouses and access control structures shall have no required setback from edge of pavement or back of curb. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative · pproval of the Collier County Development Services Director. Lakes may be excavated to a maximum depth of twenty (20) feet. Removal of fill from Alexandria shall be limited to an amount up to 10 percem (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All setbacks shall be measured fi-om the location of the comour of the control elevation of the lake. The required setback to any fight-of-way, roadway or access easement may be twenty-five (25) feet if supported by design calculations submitted at the dme of development plan review. The required setback to any exzended property line~ may be twenty-five (25) feet if the property line is properly fenced. The required se~aek to any property line or tract line imemal to the Alexandria development shall be zero feet, except that a 20' lake maintenance easemem must be created and maintained. FTLL STORAGE FEI storage is genendly permit:ed as a principal use d~roughou: the Alexsndria PUD. Fill mamrial generated may be stockpiled within areas designa:ed for residential development upon issuance ora Clearing and ~ Permit. The following standards Stockpile maximum side slop~: 3:1 B. Stociq~le maxinmm heifftn: Thirty-five (35) fe~t Co Fill storage areas shall be ~eened with a security fence at least six (6) feet in height above ground level, except as may otherwise be approved by Collier County Engineering Review Services pursuant to a submitted grading and filling plan. Do Soil and erosion control shall be provided in accordance with the Collier County Land Development Code, Division 3.7. Page 12 of 26 FEB 0 8 ~000 2.13 ACCESS 2.14 2.15 2.16 2.17 The Alexandria PUD is proposed to be served by a singular access point from the future Livingston Road. The location of the access is to be approximately cemered on its southern property line and shared with the development parcel located immediately south of the Alexandria PUD. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shah provide appropriate legal instruments for the establishment of a Property Owners' Association or other appropriate entity whose fimction shall include provisions for the perpetual care and maintenance of aH common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. COMMON AREA MAFNTEN~CE Common area maintenance, including the maintenance of common facilities, open spaces, street trees and water management facilities shall be the responsibility of the Developer, its successors or assigns. The Developer, its successors or assigns, shall retain copies of the project's master plans for common facilities and their associated maintenance prograrns/ requirements. I~ASEMENTS FOR LITILI~S Ali necessary easements, dedications, or other instrumems shall be granted to ensure the continued operation and maintenance of aH service utilities in compliance with applicable regulations in effect st the time of development approvals. OPEN SPACE REQ~S A combination of the lakes, landscape buffers and other open space shall meet the sixty (60) percent open space requirement for development as set forth in Section 2.6.32.2 of the Collier County Land Development Code. Open space shall include all pervious green space within development parcels and lots. Page 13 of 26 FEB 0 8 2000 SECTION rtl 3.1 3.2 3.3 TRACT R RESIDENTIAL DEVELOPMENT REGULATIONS The purpose of this Section is to idemify specific development standards for the areas designated as Tracts "Rl", "R2", "R3" and "R4" on the PUD Ma~ter Plan, Exhibit DWELLING UNITS The maximum number of dwelling units that may be constructed within this 19.58 acre project is 72. USES PERMITTED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling ~ recreational facilities, essential services, customary accessory uses, and compatible land uses. No building or structure, or part thereofi shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses: Residential dwellings, including single family, attached and detached, duplex and two family dwellings, townhouses, zero lot line and multi- family dwellings, including garden apartments. 2. Cmardhou~es and entrance gate~. Any other u~e which is comparable in nature with the fore~oix~ u~s and which the Development Serviee~ Director determine~ to' be compatible. B. Accessory U~e~: (t) Uses and stmcan~ that are accessory and/nc/dental to uses permitted a~ of ri~t, including private garage~. Pa~e 14 of 26 A G E N r4.~ J, ,"r'~. ! FEB 0 8 2000 3.4 (2) Recr~tional uses and facilities such as swimming pools, tennis courts, children's playground areas and similar taoilities tl~ serve as an integral part of a residential development. Such uses shall be visually and funotionally compatible with the adjacent residenoes which have the use of such facilities. (3) Essential services, including interim and permanem utility and maintenance facilities. (4) Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. C. Conditional Uses: (1) Churches and other places of worship. (2) Schools, public and private. (3) Social and fi'atemal organizations. (4) Child care centers. (5) Adult Living F~41ities. DEVELOPMENT STANDARDS Alexandria PUD will feature an integrmed and compatible architectural building style or theme, which will be incorporsted into all residential struomres. Buildings will feature unifying and complementary design elements such as roof treatments, building materials and building colors. To reduce ma~ arc. himm~ design tre~mems such as an/misted roof ~ balconies, building offsets, and unified landscaping will be provided. The individual buildings may vary in size md configuration. Bo Table II se~s forth the devdopmem standards for land us~ within thc "R' Rmidential Di~ic~ within the Alexandria PUD. From yard sel~ in Table II shall be measured as follows: If the parcel is served by a public or private rifts-of-way, the setba~ is measured from ~he adjacent right-of-way line. Sidewalks shall be located, within the fight-of-way or an easement approved by the Development Services Director. Page 15 of 26 FEB 0 8 2000 If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. Ii'the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parkin8 areas. (b) Garages are permitted at the edge of the vehicular pavement which provides access to a designated parkin~ space. (c) Generally, principal buildings shall be set back a distance sufficiem to provide two (2) back to back parking spaces, one of which may be in an enclosed space. Parki~ spaces and private driveways shall be of s-fficiern length so that vehicles are not parked across an abutting or intersecting sidewalk. Page 16 of 26 FEB 0 8 2000 TABLE II Deveiopmem Standards for Residential Areas desi~mated as "R" Trac~s on the PUD Master Plan.. m Single Zero Lot Tw~ Family & Sixtgle Famaly Multi-fasmly Faxmlv Line I~plex Attached ~ Detached Townhouse Mimmum Lot Area (Sq. Ft.) 5,000 3,500 3,500 (per umt) 1,800 (per 43,560 umt) Mi~mum Lot Width 50 50 100 30 100 Front Yard Schick 20 20 20 20 20 Fnm~ Yard for Si~e Eun~ Garage 20 15 1 ~ 15 1 $ Reaz Yard Setback 20 20 20 20 20 Reaz Ya~[ Setback 10 10 10 10 10 Sid~ Yard Setback (Principal and 5 - I ~tory., 0 or 5 5 - 1 su~y., 0 or 5 I0 Accessory.) ?.5 ii'> ~ 7.5 if>l s~orv Maxzmum Height (PrinCipal and 35 35 35 35 4O Acce~s~'y. ) 2 bt- 900 sq. R. 3 bt- 1100 ~. · IVlin. ~ce Betwe~ PrinCipal 10or 10o~ 10oe 10o~ 10or Strictures ~ SBH, ~ SBH, ½ S~H, ~ SBI-I, ½ SBH, BH: Buildin~ He~t SBH: Sum of Building I-k'ights - Combiu~ h~ight of two adjacent buildings foe the purpo~ of ck-t~mmi~ setback > Gr~atex Than NOTES: Minimum lot at, aa for any mt ty~ may be ~ Th~ uml ty~ a~t n~)t th~ minimum lot ar~ shall de~an~ th~ cl~etol~s~ slamdards l~ be applied by the Cu.~,~x~r S(~wic~s ~ during an applicaUon for a builain~ nee~l~L 2. AIl distaa~ea are m fe~ unless ~z'~se noted. Sim width may I~ ~ o~ ca~-d(~a~ 1o~ ~o~id~l a ~ ~ ~ of 24 f~ ~ ~ ~ ~ a~ AG END~T~ ~ Rear Ym~l $e~l:~ck foe w-tm'ftx)m lot~ m~y. be redue.~! m z~'o (0') f(~t wh(~ no !a~ m,m~to~m(~ is r~ Page 17 of 26 FEB 0 8 2000 3.5 OFF-STREET PARKING AND LOADING REOUIR.EMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 3.6 LANDSCAPING AND BUFFERING REOUIREMENTS West PUD Boundary: 20 foot minimum width Type D buffer. The buffer shall be constructed on a berm having a minimum height of 2 feet above the water managemem control devafion. Required shade trees shall have a minimum height at installation of 16 feet. East, South and North PUD Boundaries: 10 foot minimum width Type A buffer enhanced by a 5 foot high black or green vinyl coated chain link fence where a security fence has not been provided by the adjacent development. The fence shall be woven between shrubs to screen the fence fi.om view at hedge maturity. The buffer shall be constructed on a berm having a minimum height of 2 feet above water management control elevation. Required shade trees shall have a minimum height at installation of 14 feet. Street trees shall be provided on both sides of all imernal roads or access ways. A street tree master plan shall be included with the application for a Pre'luninary Subdivision Plat (PSP) or Site Development Plan (SDP) as may be appropriate. Install~on of individual tr_~__ shall be prior to or eoneurrem with the development of the adjacem dwelling unit or su'ueture in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root bamer system. Street trees shall be placed al the more restrictive of one per lot or one per 60 linear feet. A minimum of 50 percem of the trees shall be canopy tr~s w/th a 14 focn height al installation. Palrrm shall have a minimum height of 18 feet ax installatiott Trees must be locaxed no more than 10 feet fi.om the edge ofpavemem to be class/fled as street trees and shall be installed between the edge of paveraem and sidewalk when viable. Once installed, should a street tree be displaced or die, they shall be repbsced within 12 months. Replacement trees shall minimally meet tl~ orisinal ~cafion requlremema, including con.sist~ with the master street tree plan. This tr~ r~ltfiRm~ is in addition to any oth~' Collier Coumy Land Devdopmem Code landscape requirements and shall not be required to mee~ native species requirements of the Collier County Land Developmt,-~n Code. 3.8 ARCHITECTURAL STANDARDS All buildings, liff)xting, signage, and landscaping shall be arehkeeuirally and aesthetically unified. Flat roofis u a primary roof element for buildings and accessory stmcturm are prohibited and roof slopes shall have a rninirm~m pite~ of 4:l. All pole lighting, internal to the project, shall be architecturally designed and limited to a heigh~ of 20 feet. i I Page 18 of 26 I FEB 0 8 2000 4.1 4.2 4.3 SECTION IV .MH. EN1TY AREA TRACT DEVELOPMENT REGULATIONS The purpose of this Section is to identify specific development standards for the area designated "AMENITY" on the PUD Master Plan, Exhibit 'B". USES PERMITTED No building or structure, or pan thereof; shall be erected, altered or usech or land used,, in whole or in pan, for other than the following: A. Principal Uses: Community and recreational uses and facilities mca as swimming pools, tennis courts, children's playground are. aa, clubhouse and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and fi.metionally compatible with the adjacent residences whose residents will have the use of such facilities. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Accessory Uses: (1) Use~ and structures that are accessory and incidental to uses permitted as of right. (2) Essential services, including interim and permanent utility, and maintenance facilities. (3) Any other use which is comparable in nature with the foregoing uses and which the Devetopmem Services Director determines to be compatible. DEVELOPMENT STANDARDS Front yard setbacks shall be measured as follows: If the parcel is served by a public or private fight-of-way, the setback is measured from ~ adjac~ fight-of-way line. If the parcel is served by a non.-plaUed private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is platted private drive, the setback is measured from the mad property line. Page 19 of 26 by a F E B 0 8 2_000 D. E. F. G. Setbacks 1. Front Yard: 2. Side Yard: 3. Kear Yard: Maximum Height: Minimum Lot Width: Minimum Lot Depth: Minimum Lot Area: Minimum Distance Between Structures: 25 feet 25 feet 25 feet 35 feet or three (3) stories, whichever is least. 75 fe~t 75 f~t 6,000 fe~t 10 feet Page 20 of 26 2000 _~__._..,.. 5.1 5.2 SECTION V PRESERVE TRACTS The purpose of this Section is to identify specific development standards for the areas designated "PRESERVE AREA A" and "PRESERVE AREA B" on the PUD Master Plan, Exhibit "B" . USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Passive recreational areas. 2. Biking, hiking, nature trails and boardwall~. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplememal landscape planting, screening and buffeting after appropriate environmental review. 6. Any other use deemed comparable in nature by the Developmem Services Director. Page 21 of 26 AGE NDA. tT,~ FEB 0 8 2000 .o. 7? SECTION VI DEVELOPMENT COM2VIITMENTS 6.1 6.2 6.3 6.4 The purpose oftWs Section is to set forth the development commitments for the development of the project. All facilitie~ shall be constructed in accor~ with Site Development Plato, Fhufl Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specification~ of the Land Developmem Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this document. The developer, ~ successor or a.~ignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and any other condition~ or modifications as may be agreed to in the rezoning of the property. In addition any successor or assignee in title is bound by the PUD MASTER PLAN Exhibit "B", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be ~ to be final and may be varied at any sub~quent appwval pha~ ~uch as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All ~ ea.~ner~ dedic~ona, or other inmument~ ~ be grant~ to eh.rare the eontim~ operation and maintenance of all service utiliti~ and all common areas in the project. MONITORING REPORT AND SUNSET PROVISIONS The Alexandria PUD shall be subject to the Time Limits of Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Page 22 of 26 F E B 0 8 200[,' , pq. 6.5 FROM STANDARD SUBDIVISION 6.6 6.7 DEVELOPMENT EXE,V[PTION PRACTICE/REGULATIONS The Site Development Plan Division of the Collier County Land Development Code shall apply to Alexandria PUD, except for exemptions set forth herein or otherwise granted pursuant to Collier County Land Development Code Seer. ion 3.3.3. SUBSTITUTIONS AND EXCEPTIONS TO SUBDIVISION REGULATIONS The following design substitutions shall apply: LDC Section 3.2.8.3.19: Street name signs shall be approved by, the Development Services Director but need not meet the U.S.D.OT.F.H.W.A_ M~nual on Unifonll Traffic Control Devices. Internal street pavement painting a~i reflective edging requirements are waived. LDC Section 3.2.8.4.16.5: All internal streets shall considered local streets and their standard right-of-way width shall be fit~ (50) feet. LDC Section 3.2.8.4.16.6: The 1,000 foot length for cul-de-sac streets shall be waived. The maximum length shall be 1,800 feet unless extended upon review and approval of the Fire District. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be w~ived to allow the u~e of a surface course of paver brick or decorative concrete pavement. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for ail non° paved areas of the rigid-of-way shall be waived to allow the instuilatlon of deconuive planter~ and alternative ground cover. LDC Section 3.2.8.4.22.9.¢: The requiremem that drainage fadlities in lots be spaced in accordance with FDOT crim/a may be varied upon submittal oft. he necessary data to support the variance at the time of development plan subminal. TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: Arterial level lighting shall be provided ax all project entrances. Installation shall be in pl~ge prior to issumce of any e, axfifieast~ of occupancy. Board of County Commissioners. The improvemems described within this S~'fion, unless otherwise noted, are deemed site retm~t and therefore are not eligible for impact fee credits. Page 23 of 26 AG E N DA. IT, Z::'II~ FEB 0 8 2000 Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass-through transmission of historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. Do Gatehouse facilities, if any, shall be designed and located so as not to cause vehicles to be backed up omo any public roadway. Safety aec, ess to emergency vehicles shall be provided. 6.8 SITE LIGHTING Lighting facilities shall be arranged in a manner which will protect roadways and neighborhood residential properties from direct glare or other interference. 6.9 SlGNAGE All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Developmem Plan approval with the following exceptions: Project Identification Signs - Two gTound, wail or gate project signs may be located at each project entrance to the development, subject to the following requirements: Such signs shall contain only the name of the development, the insignia, or motto of the devetopam~ and ahall not eomain promotional or aalea material. Project identific~on signs shall not exceed sixty (60) square feet, exeludin8 mourrfing suffae~ or structures. Where si~aage is affaxed or is in an integral part ora wall or fence, the ~ oftbe sign may promade above the upper edge of the wall or fence, but rema/ns subject to height restrictions. No project identification sigt~ shall exceed the height often (10) feet above the finished grade level of the nearest street. Project identification signs may be lighted, provided all lights are shielded in a manner which prevents dkect glare on adjacent roadways, or into adjacent residences. 6.10 ARCHAEOLOGICAL RESOURCES Pursua~ to Section 2.2.25.8.1 of the Land DevelopmenX Code, if, duri~ the eour~ of site clearing, excavation or other eon,~tmction activity an h/rw~c 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 Enforcemem Department contacted. Pa~e 24 of 26 FEB 0 8 2000 6.11 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. Removal of exotic vegetation within on site wetlands shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plan.q 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 that the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Buffers shall be provided around any retained wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Site Development Plan/Construction Plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. Approximately 19.4 acres of the subject property remain vegetated. The developer shall preserve a minimum of twenty-five (25) percent of the total vegetated area yielding a minimum preserve area of 4.85 acres. Permitted uses within the preserve area include: 1. Passive recreational areas. 2. Biking, hiking, nature trails and boardwalkq. 3. Water management structures. Native preserves and wildlife sanctuaries. Page 25 of 26 AGEND~I~I~ . , FEB 0 8 2001] 6.12 6.13 6.14 Supplemental landscape planting, screening and buffering at~er appropriate environmental review. Any other use deemed comparable in nature bv the Development Services Director. WATER MANAGEMENT A copy of the approved South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to any Site Development Plan approval. Water distribution and sewage eolleotion and transmission facilities to serve the project are to be designed, constructed, eonv~ed, owned, and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage ~llection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Temporary consu'uction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6 of the Florida Administrative Code, and may use potable or imgation wells. The on-site distribution system servin~ the project must be eonneoted to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries. Said ~stem shall be oormistent with the main si~ing and any other requiremems 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. POLLING PLACES This PUD is subject to the provisions in Section 2.6.30 of the Land Development Code. Page 26 of 26 AGENnA ~. ~ FEB 0 8 2000 NOTES: A MINIMUM OF 25 PERCENT OF THE SITE'S 19.4 +/- ACRES OF EXISTING VEGETATION SHALL BE RETAINED. THE LOCATION OF THE PRESERVE AREAS SHOWN MAY B E MODIFIED TO MEET PERMITrING REQUIREMENTS AND DEVELOPMENT PROGRAMS PROVIDED THAT THE MINIMUM AREA PROVIDED IS 4.85 +/-ACRES. FINALIZED LOCATION OF PRESERVES SHALL BE GRAPHICALLY LOCATED IN THE EARLIEST OF THE SUBMYFrAL FOR PRELIMINARY SUBDMSION PLAT (PSP) OR SITE DEVELOPMENT PLAN (SDP) APPLICATION. e SEE ALEXANDRIA PUD DOCUMENT FOR RESIDENTIAL DEVELOPMENT STANDARDS. e LISTED LANDSCAPE BUFFERS SHALL BE ENHANCED AS PROVIDED FOR WITHIN ALEXANDR/A PUD DOCUMENT. LAND USE TABLE TRACT LAND USE APPROXIMATE ACREAGE R1 (includes lake) RESIDENTIAL 4.2 R2 RESIDENTIAL 3.0 R3 RESIDENTIAL 2.0 R4 RESIDENTIAL 4.6 AMENITY RECREATIONAL 0.9 PRESERVE A WETLANDS & UPLANDS 3.4 PRESERVE B UPLAND VEGETATION 1.5 19.6 Note A. The Maximum Number of Reaidential Units Within thc PUD: 72 Units, Appro~rimately 3.67+/- Uhits Per Acre. Note B. The Number of Units And Intensity of Units per Acre Within Specific Residential Tracts May Be Varied Provided Thc Number Within The Entire PUD Doez Not Exceed 72 Units. ALEXANDRIA PUD EXHIBIT "B" NOTES AND LAND USE TAB~ -- AG E N D~ ,',',~/ij~ J FEB 0 8 2000 FUTURE LIVINGSTON ROAD PUD EXHIBIT FEB 0 8 2000 Pg._.__ -- 2,5 E [ R 2~ E P:~OJECT LOO.,ATICIN. , '  15XT. 18 ., PUD DOCUMENT EXHIBIT '~ ~o. ~~ LOCA~O~ ~ FEB 0 8 lO · AC~S ALE~~ PUD EXECUTIVESUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 1999-00 ADOPTED BUDGET. OBJECTIVE: That the Board of Count), Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 1999-00 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations Of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forxvard, interfund transfers, and supplemental revenue. ] h~> ~:, at public hearing to amend the budget for Fiscal Year 1999-00. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are ~nctuded herein by reference in the resolution. FISC:\I. IMPACT: The amendments and executive summaries which were previously · c '"~.~dcrcd and approved bx the Board contained their respective fiscal impact statements. GROVCI'H MANAGEMENT IMPACT: None RECOMMENDATION: That tine Board adopt the attached resolution amending the Fiscal Year 1999-00 adopted budget. -- Date: Michael Smykowski. OMB Director Approx ed Michael A. McNees. Interim Count)' Administrator Date: AGENDA ITEM No.. FEB - 8 2000 Pg.., / COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 1999-00 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on February 8, 2000 at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Tamiami Trail East, Naples, Florida. A cop3' of the proposed Budget Amendment Resolutions and background material will be available for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and Budget, 2nd Floor, Administration Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Brock. Clerk Board of County Commissioners Collier County Florida Chairman Budget Amend. Fund No. No. Fund Title Change Amount Fund Total 496 00-01 - 612 004) 18 118 Airport Capital PURPOSE: To recognize additional grant revenue for the T-Hangar project at Immokalee. Librar)' Trust Fund PURPOSE: To appropriate carryforward to purchase compute,- equipment and services to participate in Gates Learning Foundation activities. Emergency Management Grants PURPOSE: Appropriate grant funds to purchase additional supplies for shelter manager kits and R.A.C.E.S. equipment for shelters. Librar)' Trust Fund P[RPOSE: To appropriate a contribution to !uTld xcar-one personnel costs to hire a L~teracy Coordinator. $27,500 $58.581 $3,677 $75,000 $4,674,500 $149,881 $115,877 $224,881 AGENDA ITEM No._Z c. 6,2_ FEB - 8 2000 Budget Amend. No. Fund No. Fund Title Change Amount Fund Total 00-041 00-042 00-043 00-046 00-048 00-071 00-075 314 126 001 115 001 212 160 Museum Capital PURPOSE: To appropriate General Fund transfer to pay for the purchase of Tract D of Robert's Ranch. General Fund PURPOSE: To appropriate transfer for Museum Fund for partial cost of Tract D of Robert's Ranch. Metro Planning-MPO PURPOSE: To pay invoices from Intelitran for transportation disadvantaged services using Commission for Transportation Disadvantaged grant proceeds. Sheriff's Grants PURPOSE: To appropriate the DUI Immokalee Enforcement Project grant. General Fund-Helicopter Operations PURPOSE: To appropriate insurance proceeds to fund the cost of repainng the helicopter engine. MPO P[RPOSE: To fund Transportation Disadx antaged system costs from July 1. 1999 to September 30. 1999. 1986 Gas Tax Revenue Refunding Bonds PURPOSE: To fund payment of the arbitrage rebate liability on the Road Improvement Funding Revenue Bonds, Series 1995. Bayshore Beautification MSTU PURPOSE: To appropriate carryfom, ard and loan proceeds to complete the entire Bavshore median landscaping project. $603,100 $153,500 $358.284 $88,600 $42,282 $67,000 $4,245 $616,500 $666,100 $138,812,100 $840,284 $1,048,500 $138,854,382 $907,284 $1,114,845 $1,439,500 AGENDA ITEM No. /&c. C/fi_ FEB - 8 2000 Pg. .~ Budget Amend. No. Fund Change No. Fund Title Amount Fund Total 00-077 00-080 00-083 413 313 114 Sewer Impact Fee $15,000,000 PURPOSE: To appropriate carryforward to fund the North County Water Reclamation Facility Expansion. Surplus Gas Tax Road Construction PURPOSE: To appropnate carryforward to pay contractor once work is completed on shelters. $32,000 Pollution Control PURPOSE: To appropriate reimbursement revenue to fulfill the requirements of an agreement with the South Florida Water Management District. $9,432 $33,478,900 $49,846,600 $1,633,032 AGENDA ITEM No. ?.2 a_ c_/.) FEB - 8 2000 pg._ 19 20 RESOLUTION NO. 00-BAR- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 1999/00 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board"? a~ any time w~thin a fiscal year may amend a budget for that year. and provides the procedures the~eh~r; and WHEREAS. the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in particular funds that should be decreased and other appropriations in the same fund that should be correspondingly increased; appropriations fiom the reserve for contingencies; appropriations from lhe reserve for future construction and Imprt~,,'ement=; and increased lecelpl!, *'or enterprise or proprietary funds recel,.ed for a particulal purple>c, ,ind \VtIEREAS. thc Bo:~rd has determined that tt is approprtate to amend the Budget lot F~scal \'em 1999/00 by .t. ~ i,.~:~<..wil~ Scct~,;, '79,06. Florida Statutes. N( )\~.. 'It tEP, hFOR55 ,gE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, VI,ORIDA. thai the budget amendmenls to the 1999,~00 FY Budget described belo',~, are approved and hereby ad:,pled and the 1999/00 FY Budget ~a so amended. INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE ~DECREASE, ~MENDMEN'I INTERFUN'T) (DECREASE) (DECREASE~ (DECREASE~ INTERFUND N~ 'MBER5 TRANSFERS RECEIPT EXT'ENDITLURE RESERVES TRANSFERS 33 612 00-031 34 312. O0-041 603,100 '~ (1('1 00-042 153,500 · , . ( (! t/43 3S 00', O0 048 ; 2~ 0(L059 67,~)0 43 313 O0-0S0 32 44 114 00-083 45 =7 3,677 75,000 358.284 88,600 42,282 4,245 9.432 55,000 ~ 2 ' ,5005 5S.581 3,67'? 31,404 43,596 603,1 O0 358,284 88.600 42,282 67,000 4,245 32.000 9,432 (449.600 ~ (62,200) 350 000) 603,100 AGENDA ITEM No. /~ c.._ (_,') FEB - 8 2000 Pg... ,5' 4 6 lO Il 12 t? 15 16 I? I$ 19 I BE IT FURT}LER RES©LVL' hat the Clerk is hereby ordered and directed 1o spread this Resolution in full among the 2 mmmes of this meeting p ~r t.c 'nancnt record in his office. 3 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHTE BROCK, Clerk B~:. Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy J. Constantine, Chairman Bamiro Manalich Chief Assistant County Attorney 27 34 35 45 44 45 46 47 AGENDA ITEM No. FEB - 8 2000 Pg._ ~ EXECUTIVE SUMMARY PETITION V-99-26, JAMES M. BOSWELL II REPRESENTING 19 PROPERTY OWNERS REQUESTING A 7.5 FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD SETBACK ESTABLISHED FOR BOAT DOCKS ON LOTS LESS THAN 60 FEET WIDE TO ZERO FEET FOR BOAT DOCKS ON 19 DIFFERENT LOTS FOR PROPERTIES LOCATED ON 3RD STREET WEST IN BONITA BEACH AND ARE FURTHER DESCRIBED AS LOTS 3, 4, 5, 6, 7, 8, 9 AND 10, BLOCK "H" AND LOTS 4, 5, 9, 10, 11, 12, 14, 17, 18, 19, AND 20, BLOCK "G", LITTLE HICKORY SHORES, UNIT 3/RE-PLAT, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner is requesting the above-described variance in order to build boat docks with no side setbacks. CONSIDERATIONS: Along 3rd Street West, there are a total of 34 residentially zoned lots, platted in 1960, which do not meet the minimum lot size and lot width for residential uses. These lots were platted with a lot width of 24 to 35 feet and an average lot area of 600 square feet. The Board of County Commissioners, in 1987 and 1999 approved two conditional use applications allowing these lots to be used for boat moorings without a principal use on the property. Approximately thirty to forty percent of the lots in question contain boat docks. Most of these docks have the required setbacks. Some of the docks either built prior to the LDC or built in violation of the LDC requirements do not have the required setbacks. The applicant representing owners of 19 of the 34 lots is requesting the elimination of the side setbacks. This request, if granted, will allow the construction of boat docks without any setbacks on either side. The Collier County Planning Commission reviewed this petition on January 6, 2000 and by a unanimous vote recommended denial. FISCAL IMPACT: None. GROVVTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT: FEB 0 ,q 2000 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. STAFF RECOMMENDATION TO THE CCPC: In as much as these lots can only be used to support a boat dock, there is no consideration of impact on what otherwise would be home-sites. Side yards are traditionally based on circulation of light and air and minimum separation between buildings. These relationships do not apply to the side yard requirement for boat docks. In this context the side yard has to do more with providing view corridors. Based on these facts staff recommended approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed V-99-26 and by a vote of 8-0 recommended that the Board of Zoning Appeals deny this petition. The Planning Commissioners stated that since there are several boat docks already built with the required setbacks, the petitioner's argument for hardship in meeting the setback requirements cannot be justified. 2 ITEM FEB 0.. 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEW/ED BY: RON)kLD F. NINI~,v)A'I~CP, MANAGER CURRENT PLANNING SECTION DATE ROBEI~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: VINCEI~T'~,. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES FZ3 O 8 2000 AGENDA ITEM 7-D MEMORANDUM TO: FROM DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 6, 1999 PETITION V-99-26 AGENT/APPLICANT: OWNERS: Robert & Dadene Davy, Glenn Mollenhauer, Edward Olszewski, Robert & Rebecca Inch, David Mountain, Glenn Liles, Robert Hill, Hickory Homes, Inc., Paul Schwendener, Glenn Krape, Kent Lloyd, Patrick Hedges, Gerald Haslouer, Donald & Betty Trew, Robert Lowhon, Richard Eben, Adeline Eben, and James Boswell. AGENT: James M. Boswell II 270 3rd Street West Bonita Springs, FL. 34134 REQUESTED ACTION: The petitioner requests a 7.5 foot vadance from the required 7.5 foot side yard setbacks established for boat dock on lots with less than 60 foot wide to zero feet for boat docks on 19 different lots. GEOGRAPHIC LOCATION: The subject properties are located on 3rd Street West in Bonita Beach and are further described as Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block "H" and Lots 4, 5, 9, 10, 11, 12, 14, 17, 18, 19, and 20, Block "G", Little Hickory Shores, Unit 3/re-plat, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: ITEM -- ' 0 8 2000 l 2000 Along 3rd Street West, there are a total of 34 residentially zoned lots, platted in 1960, which do not meet the minimum lot size and lot width for residential uses. These lots were platted with a lot width of 24 to 35 feet and an average lot area of 600 square feet. The Board of County Commissioners, in 1987 and 1999 approved two conditional use applications allowing these lots to be used for boat moorings without a principal use on the property. Approximately thirty to forty percent of the lots in question contain boat docks. Most of these docks have the required setbacks. Some of the docks either built prior to the LDC or built in violation of the LDC requirements do not have the required setbacks. The applicant representing owners of 19 of the 34 lots is requesting the elimination of the side setbacks. This request, if granted, will allow the construction of boat docks without any setbacks on either side. SURROUNDING LAND USE AND ZONIN(~; Existing: Surrounding: - Vacant and vacant with boat docks, zoned RSF-4 North - Waterway East - Vacant and single family dwellings with boat docks, zoned RSF-4 South - Bay West - Single family dwellings, zoned RSF-4 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION. INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. 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: FE308 2000 t Pg._ ~ eo Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes, these lots are very narrow with an average width of 30 feet. They are not buildable lots. They can only be used for boat docking purposes. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes, these lots were platted and sold with the existing size and configurations in 1960. They were marketed as "boat dock lots". Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No, the existence of several boat docks with the required setbacks proves that a literal interpretation of the provisions of the LDC will not cause undue hardship on the applicant. 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, there are docks already built on several of these lots with the required setbacks show that a variance is not necessary to build a boat dock on these lots. 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? These lots are unique in a sense that no other similar lots exist anywhere else in Collier County. These lots can only be compared with the remaining 15 lots in the area that the owners did not judge necessary to apply for a variance. Compared to those 15 lots, the 19 lots that are the subject of this variance request will have no side setbacks, which will allow them to build larger docks which may accommodate more vessels that those docks built without a variance. 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? 2000 No, granting of this variance will reduce the amount of the required yard, which will not be in harmony with the general intent and purpose of the LDC. However, one of the purposes of side setbacks for boat docks is to provide a view corridor for the neighboring property. Is this case there are no residential uses on the land and a view corridor is not necessary. gm Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? NO. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of .the Growth Management Plan. STAFF RECOMMENDATION: Due to the minimal impact this will have on the neighboring properties, staff recommends that the CCPC forward this petition to the BZA with a recommendation for approval. FEB 0 B 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REd'EWE D BY:~ ,,~RENT PLANN~G MANAGER DATE DATE VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR DATE Petition Number: V-99-26 Staff report for the January 6,2000 CCPC meeting. This Petition has been scheduled for the February 8, 2000 BZA Public Hearing. Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN RESOLUTION NO 2000- RELATING TO PETITION N-LW[BER V-09-26 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS. the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public~ and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and ~3,q-IEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after nonce as in said regulations made and provided, and has considered the advisability of a 7 5-foot variance from the required side yard setback of 7.5 feet to -0- feet as shown on the attached plot plan, Exhibit "A", in an RSF-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 27 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 ZONTNG APPEALS o£ Collier County, Florida. that The Petition V-99-26 filed by James M Boswell. II, representing property owners of blocks "G" & "H' Little Hickory Shores Unit 3, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 7 5-foot variance from the required side yard setback of 7 5 feet to -0- feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 Zoning District wherein said property is located, subject to the following conditions: Exhibit "C" BE IT RESOLVED that this Resolution relating to Petition Number V-99-26 be recorded in the minutes of this Board. - AGENDA ITEId . ES' 0 8 2000 This Resolution adopted after motion, second and majority vote Done this da,.' of .2000. ATTE S T DV~qGHT E BROCK. Clerk BOARD OF ZONTNG APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: CHAIPdVL~N Nila~'r{i-.KI Scude~i .Assistant County Attorney g,,adrmr~ RE SOI,L~. ON/V-99-26/C B/ts -2- } c~808 2000 i 0~- 11 - 60 oo' /6 5.8G EXHIBIT 60' / LEGAL DESCRIPTION Lots 3, 4, 5, 6, 7, 8, 9, 10, Block "H" and Lots 4, 5, 9, 10, 11, 12, 14, 17, 18, 19, 20, Block "G" Little Hickory Shores Unit 3, replat, as recorded in Plat Book 6, page 2 of Official Records of Collier County, Florida. EXHIBIT "B" ~,GF_t,~A ITEM CONDITIONS OF APPROVAL V-99-26 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on January 6, 2000. 1. These docks are private in nature and shall not be used for rental purposes. 2. These docks shall not be used for any commercial purposes including the mooring of commercial boats. EXHIBIT "C" ~,GE. ND A ITEM VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTIClJlAR ZONING DISTRICT) Petition No. Commission District: Date Petition Receive_ Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: - '. Petitioner's Name: James H. Boswell II '~70 3rd St. ~,lest Petitioner's Address: " Bonita Springs, FL 341234 Telephone: (941) 498-4546 N/A Agent's Name: Agent's Address: Telephone: COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 AppUeation for Variance Petition - 8/98 Page I of l FES 0 8 2000 Complete the following for all Associ~on(s) affiliated with this petition. (l~-ovid¢ additional sheets if nece~ary) 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 PROPERTY DESCRIPTION: Legal Description of Subject Property: Subchvision5 L/llickory Shores Unit l -23 G 3 Re/piLot(s)1-10 Block(s) ti Section 5 Twp. 4 8 S Range 2 5 E See Attached Property I.D. # Metes & Bounds Description: Application for Variance Petition - 8/98 V Page 2 if 8 A GF_t,~A ITEM r:;5 B 0 2000 266 3rd St. West Lots 3,4,5,6,7,8,9,]O-Blk.H Ad~ofSmb]e~tpt~[}~l~:267 3rd St. West Lots 4,5,9,10,11,12,14--- (If 4i~ f~ ]~k~x's ~) ---]7,]8,]9,20. Blk. Current Zoning and Land use of Subject Parcel: RSF-4 C~rrently used as Boat Dock Lots. These lots are on the average .i!!i) s~. f=. and can only be used as such. (NOT BUILDABLE). Adjacent Zoning & Land Use: N RSF-4 Residential Single Family Minimum Yard Requirements for Subject Property: Front: Comet Lot: Yes [:] No :~ Currently Side: 7 ]/2 ft. Waterfront Lot: Yes No [2] AppUcation for Vtrtanee Petition - 8/98 Page 3 of 8 2000 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. ]. These lots are unique in nature and due to their very size, can only be used for one purpose, ~hich is the docking of watercraft. 2. These lots are not buildable and due to their size, never %;ill be. 3. Some of these lots have docking facilities already in place, many of which were built many years ago and extend into the current setbacks. Over the years, some were permitted and some were not. The '..~ranting of this variance will brin.~ those into compliance with the existia]u codes. 4. The lots %~hich are the subject of this petition, were purchased over the years at various times by the individual lot owners. 5. The existin_.'i! encroachment (7 ]/2 fL. side-lot setbacks), came to be when Collier County enacted the Land Development Code and applied the }~SF-4 (residential single family) code for buildable lots without considering the very nature of these very small, non- -buildable lots. 6. The petitioners, all of whom ]lave affixed their si.~natures to the Attached affidavits, request the current 7 ]/2 ft. side-lot setback requirement, be reduced to (0 ft.) for their respective lots. 7. This will not allow for the mooring of more than two %tatercraft, which may be moored at this time with a dock centered on the lot and a ])oat moored on either side of the dock. This Application for Variance Petition - 8/98 SEE ATTACHED SHEET Page 4 of 8 FEB O 8 2000 PAGE 4 Continued. I~PEM 7 Continued: allo%; for either mooring or lift pilings to be put in place so as to protect the craft from damage, %~ithout the property o%~ner being required to ~o through this variance procedure and being required to pay a $.~25 dollar application fee just to put in a couple of pilings so as to protect his/her %;atercraft. [~his %~ould not ho~ever eliminate the need for a regular construc- -tion permit so as to proceed %~ith the actual construction. Please no~e th~ ~ ~zd ~he Collier Cmmty Plmmm~ Co~ shsll b~ ~ ia their reconmazndation to tl~ Board of zom~ ~ a~l t~t th~ Board of zoamg ~ ~ be ~ in ils dem'mi~tioa m ~c~p~ove o~ deny a vari~a~ petixion by ~h~ below ~ crim~ (1-8). (Pleme addx~s ~lm cr~-ria ~ ~ddifion~! p~es if aecessary.) Are there special conditions and circumstances ex,stag which a~ pecui~ ~o the location, size and characteristics of the land. structure, or building revolved. Yes, ~.~hese particular boat dock lots are found only on 3rd Street in Bonita Springs and are suitable for boat docks and are non- -buildable as residential lots. .Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, the imposition of the RSF-4 code and in particular the side-lot setbacks, based on the size and use of the subject lots presents an unnec, essary hardship-on the, property o~;ners since these lots are not buildable. Will a literal interpretation of the provisions of ~ zoning code work un~c~ and undue hardship on the applicant or create practical difficulties on the applicant. Yes, the imposition of the present code presents the added expense of a 'variance for the installation of mooring or lift pilings, which most likely would~qot be needed with a larger or regular (buildable) residential lot. WHl~ev~ance,~granted,~ ~eminimumvariancethatwillmakepo~u%le~ereaso~bleuseof ~elan~building~structureandwhich~omo~standm'~ ofhe~safety~ weffare. Yes, the elimination of the setbacks, will no% allow for any additional dockage or moorings. It will only allow for the installation of docks, or mooring/lift pilings without the the added hardship of seeking a variance. A would still be required. Application for V~r~ance Pe~tion - 8/98 building pe ~mitAGENDAI~O~ FEB 0 8 2000 Page 5 of I Will granting the variance requested confer on the petitioner any special privilege that is demed by these zoning regulations to other lands, buildings, or structures m the same zoning dismct. No. Quite the opposite t,]_se lots are unique unto themselves and exist only on 3rd St. in Bonita S';:rini[s. Tiue present b~SF-4 ~stric~-_ ~ .~an~ ':z:-otect nis,'her stme ,~ in ~ -,;atercra'-~t L'.':' iP. st~zlli:;l; ~-~ ~ :7, o3~'in{~ l:ilin{[= withou~ the added hardship of obtainin'..j a variance that a property owner with a buildable lot, most likely would not need. Will granting the variance be m harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. %'es. The elimination of thes. e setbacks will not disrupt the neighborhood or increase either boat or automobile traffic since it would not increase the number of boats that can be moored at each dock presently and nothing herein requested,would be injurious or ~etrimental to the public. ~e ~ere ~ con~o~ or physi~y m~ced ~n~fio~ ~t ~e~o~te ~e goa~ ~d obj~ves of ~e re~iafion such ~ ~ pr~, !~, goff co~e, etc. NO. 8. Will granting the variance be consistent with the growth management plan. YES. Application for Variance Petition - 8/98 Page 6 of 8 FEF 0 8 200[ VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED '~ITH .APPLICATION PACKET! REQUIREMENTS - #oF COPIES REQUIRED 1. ComPleted Applicatio~ 15 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-applicati°n notes/minutes 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 a~s~'tl~t all of thc information indicated on this checklist included in tiffs submittal package. ~I understand tha~V~aflure to include all necessary submittal information m~y result in the delay ofproc~sing of this petition. // /' ,/ Application for Variance Petition - 8/98 Page 7 AGENOA ITE-~ AGENDA ITEM FEB O 8 2000 FE~ 0 "~, 2000 ~/'/* "" ×. '7 YE' 5~ . FT. FEB 0 B 2000 8L~'K G £~? 3~-,,' &'. ~J. /..or ~/0 2000 / m 7~' FEB 0 8 2000 8L,,c, G ,3 ~ ? .t,.,t ~;,'. Lot # lc?. / FEB 0 8 2000 8Loc~ G FEB 0 B 2001 FEB 0 8 2000 l. or ~ l& ~.or #/? 963 ~. i~ 30 ~ J~oT~ /~ FEB 0 8 2000 ,l_pT -W ~2 t !?/I/ / t L ? z'/~ L. ;i._///,." / f l t/.///' '.,' ! }_oT FEB 0 8 2000 J_oT ~ ~ FEB 0 8 2000 I % oJ,::,o o 'Dom.,o' I C C c 8]..oc ~ H LoT' ~ 6 FEB O .,5 2000 / ~Y ! .3' L,,-i-/~.~ ~"*-~.,J o' -'qt~o o 8Zoc~ H FEB 0 0 2000 t 8,Loc~ H FEB O B 2000 '8 ,, y C C C C 8Zoc~' H ,:?.66' 3r~ .Sr. t FEB 0 8 2000 ,3 o /'7' . CI I C / FEB 0 L~. 2000 ,09 EXECUTIVE SUMMARY CU-99-22, DAVID CARTER OF DOWNING-FRYE REALTY, INC., REPRESENTING WILLIAM J. FOGNINI, REQUESTING CONDITIONAL USE "1" OF THE "A/MHO" ZONING DISTRICT FOR EARTHMINING PER SECTION 2.2.2.3 FOR PROPERTY LOCATED ON PLATT ROAD IN SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 20_+ ACRES. OBJECTIVE: The Petitioner requests Conditional Use 1 of the A-MHO zoning district for an earth mining operation. CONSIDERATIONS: The applicant requests a Conditional Use in order to commence an earth mining operation. The property is currently vacant pasture. At the conclusion of the earth mining operation, the parcel will include four homesites. The commencement of an earth mining operation will add truck traffic to Immokalee Road, Friendship Lane and Platt Road, primarily between the subject site and the Naples area. The proposed operation will generate noise from the extraction process and from truck traffic. Immokalee Road already has a relatively high volume of truck traffic and the increase will not be significant. Conditions regarding the developer's improvements to Friendship Lane were added by the Planning Commission and are included in the Resolution. FISCAL IMPACT: If this petition is approved, the use of earthmining will have no fiscal impact on Collier County, except for impacts normally associated with development. GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, and therefore allowable land uses are of Iow intensity. A limited selection of land uses other than Iow density residential and agricultural is permitted. Among those is earth mining. Therefore, if the Board of Zoning Appeals approves a Conditional Use for earth mining, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. ,,,C.¢._NDA rrE. M FEB 0 8 2000 The completed application for the earthmining operation was received after June 22, 1999. However, earthmining is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Since earth mining and the noise generated by the extraction process is unavoidable in a community experiencing a rapid rate of growth, and rural areas with a less dense population are the preferred areas for such operations, it is staff's finding that the proposed earthmining operation is compatible with adjacent properties and other properties in the district. Therefore, Planning Services staff forwarded Petition CU-99- 22 to the CCPC with a recommendation of approval, subject to the conditions in the Resolution. EAC RECOMMENDATION: Since this petition met the criteria for a waiver of an Environmental Impact Statement, the Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: At their January 20, 2000 meeting, the Collier County Planning Commission heard this petition. The Commission listened to the petitioner, neighbors, and County staff. The discussion centered around safety on Friendship Lane. The CCPC voted unanimously to recommend approval of CU-99-22 to the Board of Zoning Appeals, subject to the conditions in the Resolution. 2 FEB 0 8 2OOO PREPARED BY: FRED':RE~CHL, SENIOR ~-~ANNER CURREN-~ PLANNING ROI~A~d F. CURRENT PLANNING MANAGER /.~/.oo DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE VINC~='NTA. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-22 A~A I'TE~ FEB 0 8 2000 Pg. ~ MEMORANDUM TO: FROM: DATE: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 13, 1999 SUBJECT: CU-99-22 PROPERTY OWNER/AGENT: OWNERS: William J. Fognini 4541 Ottawa Lane Bloomfield Hills, MI 48301 AGENT: David Carter Downing-Frye, Inc. 410 Emerald Bay Circle, D-5 Naples, FL 34110 REQUESTED ACTION: The Petitioner requests Conditional Use 1 mining operation. of the A-MHO zoning district for an earth LOCATION: The subject parcel is located on the north side of Platt Road, east of Immokalee Road in the Big Corkscrew Island area, in Section 25, Township 47 South, Range 27 East. The site consists of approximately 20 acres. 67 '~'$ IIE~ DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to commence an earth mining operation. The property is currently used as a pasture. At the conclusion of the earth mining operation, the parcel will include four homesites. SURROUNDING LAND USE & ZONING: SUBJECT: Pasture and undeveloped land; zoned A-MHO SURROUNDING: North: East: South: West: Single family home and undeveloped land; zoned A-MHO undeveloped land; zoned A-MHO Platt Road ROW, across which is agricultural land and single family homes; zoned A-MHO Pasture; zoned A-MHO GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, and therefore allowable land uses are of Iow intensity. A limited selection of land uses other than Iow density residential and agricultural is permitted. Among those is earth mining. Therefore, if the Board of Zoning Appeals approves a Conditional Use for earth mining, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The completed application for the earthmining operation was received after June 22, 1999. However, earthmining is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 2 AGE.~A I~ FEB 0 8 2000 TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of an earthmining operation on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. Since earthmining is recognized as a Conditional Use of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. The completed application for the earthmining operation was received after June 22, 1999. However, earthmining is a use listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and is not one of the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The proposed earth mining operation shall have access off Platt Road. There is very little pedestrian activity in this area. CON: The commencement of an earth mining operation will add truck traffic to Immokalee Road and Platt Road, primarily between the subject site and the Naples area. ANALYSIS: Due to the proposed turn lanes, the traffic ingress and egress to the earth mining operation should operate adequately and with an acceptable level of safety. FEB 0 8 2000 The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The Petitioner states that the earthmining operation will be limited to weekdays only. At the conclusion of the earthmining operation, the parcel will support four single family homes (a density of one dwelling unit per 5 acres). CON: The effects of noise from the extraction process and from truck traffic will have an impact on the neighboring properties. ANALYSIS: The proposed operation will generate noise from the extraction process and from truck traffic. However, Immokalee Road already has a relatively high volume of truck traffic, the increase will not be significant. 4. Compatibility with adjacent properties and other property in the district. PRO: The finished development will contain four single-family homes on a lake. CON: The subject property will no longer be available for agricultural production. During the life of the operation, there will be noise from the operation of heavy machinery. ANALYSIS: Earth mining and the noise generated by the extraction process is unavoidable in a community experiencing a rapid rate of growth. Rural areas with a less dense population are the preferred areas for such operations. Therefore, it is staff's finding that the proposed earthmining operation is compatible with adjacent properties and other properties in the district. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-99-22 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMMENDATION: Since this petition met the criteria for a waiver of an Environmental Impact Statement, the Environmental Advisory Council did not hear this petition. 4 FEB 0 8 2000 PREPARED BY: CURRENT PLANNING REVIEWED BY: DATE ~)NALD F. NINO, AICP · CURRENT PLANNING MANAGER DATE PLANNING SERVICES DIRECTOR DATE APP ~RO~/~D BY: ' V)HCENT A. CAUTERO, AICP DATE ~' COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-22 Scheduled for the January 20, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 5 AG~A ITEJ~ APPLICATION FOR PUBLIC HEARING FOR: cONDiTIONA!2,"U&~,~ ~ ~, Petition No.: Commission District: Date Petition Received: Planner Assigned: ~'aaD ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Q , i~ Applicant's Mailing Address L('x ,"~ City ~ (:&r~, , c ~, , D State Zip M ? ~ O t Applicant's Telephone ~ -Z_ ~! ~ _ G 'L %--~c3 ¥~/Fax # Name of Agent D ~ b'/',"3 C&~'L.~ C'~-Z. Firm Agent's Mmlmg Address % ~ 0 CiW ~ ~,?~ K ~ State Agent's Telephone ~ Qt/~_ 2, ~,4,- 2 9 z, F~ ~ f'" Zip '~-t )~0 COLLIER COUNTY COMMUNI~ DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 z, PPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6t98 ~ .~EB O 8 2000 ?AGEtl O F~lg5: Comt~iete the following for all Associauonl s} affiliated with this petition. I Provide additional sheets if necessary.) Name of Homeowner Association: Maitin~ Address City State __ Zip Name of Homeowner Association: Mailing Address Ciw State __ Zip. Name of Homeowner Association: Mailing Address Cit-v State __ Zip Name of Master Association: Mailing Address City. State __ Zip Name of Civic Association: Mailing Address City. State __ Zip Disclosure of Interest Information: If the property is owned fee simple by an iNDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership I (..' C~ fi? t: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/9~ ii'the property, is owned bv a CORPORATION. list the officers and stockholders and The percentage of stock owned by each. Name. Address end Office Percentage of Stock If the properD.' is in the name of a TRUSTEE. list the beneficiaries of the trust with the percentage of interest. Name and Ad&ess Percentage of lmterest 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 Addryss [',J .!~ 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: 200[ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 If any connn~encv clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. parties, list all ame and Address ,-5 \ cJk, % I 'Z O Date subject properb.' acquired"(4) leased ( ): Term of lease '2_ / If, Petitioner has option to buy, indicate date of option: terminates: . or anticipated closing date vr./1TIOS. and date option Should any changes of ownersh/p or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility, of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property, involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survev may be required. Section: ~ ~ Township: ~/ '7 Range: Lot: k_% i56' Block: Subdivision: Plat Book5-'30 ~ Page #:/05 '''/ Property. I.D.#: tOO lo "/5' Metes & Bounds Description: S~e ofprope~: ~% ZO a. X ~a. = Total Sq. Ft~l ~O0Acres Address/general location of subject propem~ Jc/,~ ~3- -' .APPLICATION FOR PUBLIC HEARING FOR CoNDrrlONAL USE - 6/98 aflCr- ~ Ad_iacent zoning and land use: N J c3 Zoning Land use Does property, ow-her own ccn:lguous property, to the subject property? If so. give complete legal description of entire contiguous property.. (If space is inadequate, attach on separate page}. ~ o Section: Townsmp: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # / , the&~% district for Present Use of the Prope~: of APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory, provision and arrangement have been made conc~~ following matters, where applicable. Please provide detailed response to e~.h criterion listed below. Specify. how and why the request is consistent ~ith (Attach additional pages as mav be necessary.),t 2000 PAGE ~OF Describe now the project ~s consistent with the Collier County. Land Deveiopment Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the , furore land use Describe the existing or planned means of ingess and egess to the property, and proposed structure thereon with particular reference to automotive and pedestrian flow and ,c, ontrol, and access in case of,fire or safety, and conve,nience, traffic '?]c~5 ~'~ ~%~ ',.; O, 3 Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: , Describe the site's and the proposed use's~ compatibility with adjacent propemes ~d other properties in the district: . ,.'T.5co¢c c& .' c_% 3to ~;'~,c_ t%)oc Ck. ,-,,cc,V APPLICATION FOR PBLIC HECG FOR CONDBONAL USE - 6/~ Please provide any additional information which you ma2( fee} is relev.apt to this request. /[ ¢ FEB082000 PAGE 6{OF 15 10. 11. Deed Restrictions: The County is legally preciuded from enforcing deed restrictions. however, many communities have adopted such restrictions. You may wish to contact the civic or proper'fy owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected bv 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 ','ear? If so, xvhat was the nature of that heanng? ,~ 0 Additional Submi[tal requirements; In addition to this completed application, the following must be submitted in o~der for your application to be deemed sufficient, unless otherwise waived dUnng the preapplication meeting. a. A copy of the pre-application meeting notes: Eleven fl l) copies of a 24" x 36" conceptual site plan [and one reduced 8½" 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 Advisorv Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof. · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the Count,, location of all signs and lighting including a narrative statement as to the .type, character, and dimensions (such as height, area, etc.); APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 .aaa Environmental Impact Statement (EIS), as required bv Section 3.8. of the Land Development Code (LDC~. ~ds~, I,oa } 0 8 2000 Whether or not an ElS is required, txvo copies of a recent aerial photo~aph, (taken within the previous tweive monthsL minimum scale of one inch equals 400 feet. shall be submitted. Said aenai shall identif'v plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Depa,iment of Transportation Land Use Cover and Forms Classification Svstem. Statement of utiliw provisions (with all required attachments and sketches); ---. A Traffic Impact Statement (=I'IS), unless waived at the pre-application meeting; A historical and archeoiogical survey or waiver application if property is located within an area of kistoncal or archaeological probabiliu' ~as identified at pre- application meeting); .-Uny additional requirements as mav be applicable to specific conditional uses and identified dunng the pre-application meeting, including but not limited to any required state or federal permits. ~PPLICATION FOR PUBLIC HEARING FOR CONDITIONAL I~SE - 6/98 ,-zon8 2000 PAGE 8 0V lS>g /7 TRAFFIC IMPACT STATEMENT (TIS~: A TIS is recmired unless waived at the pre-application meeting. The TIS required mav be either a maior or manor as determined at the pre-appLication meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property, less than 10 acres in size, although based on the intensity or umque character of a petition, a major TI8 may be required for petition of ten acres or less. MAJOR TIS: Required for all other conditional use (and rezone.} requests. A minor TIS shall include the following: i. Trip Generanon: l at butidout S Annual Averaze Dailv Traffic Peak Hour tAADT) Peak Season Dailv Traffic Peak Hour ~PSDT) Trip Assignment: Within Radius of Development Influence i RDI) Existing Traffic: Within RDI A.ADT Volumes PSDT Volumes Level of Service (LOS) Impact of the proposed use on affected major thorouglxfares, including any anucipated changes m level of service (LOS). .any proposed improvements (to the site or the external r/ght-of-way) such as providing or eliminating an mgress~egress point, or providing turn or decel lanes or other u'nprovements. 6. DesCribe any proposal to rmtigate the neganve tmpacts on the transportation system. For Rezones Only: State how this request is consistent vath the applicable policies of the Traffic Circulation Element (TCE) of the Growth Management Plan (GIV[P), including policies 1.3. 1.4.4.4.5.1, 5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis Back~ound Traffic Future Traffic .4-, Through Traffic PlannecL'Proposed Roadway Lmprovements Proposed Schedule (Phasing) of Development APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 8 2001 :, PAGE 9 OF 15 ait._~ TRAFFIC IMPACT STATI~MENT :TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated bv the project for each link within the project's Radius of Development Influence (RDB in conformance with the acceptable traffic engineering pnnciples. -['he rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County. justifies the use of alternative rates. Trip Assignment; Provide a map depicting the assi~m~nent to the network, of those nips 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. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AA.DT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): 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 Radius of Development Influence qRDI): The TIS shall cover the least of the following CWO areas: an area as set forth below: or, the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance 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 proposed project rather than a geometric radius. road miles from the APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to . Vehicles Per Hour (VPH). 2000 10. Background Traffic; The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or. alternatively, in a listing of hose projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximallv under the effective Future Land Use Element (FLLrE) and the Collier County. Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A"map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Project Phasing; When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are rratigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. TIS FORM RVB/R. JM 10/17/97 .APPLICATION FOR PUBLIC HE,~RING FOR CONDFrIONAL USE - 6/98 0 8 2000 '3., PAGE 1! OF STATEMENT OF UTILITY PROVISIONS FOR CONDITION.aL USE REOUEST o LEGAL DESCRIPTION: Section: q-- % Township: C[ ~ Range: "~--? Lot: ~ ~ % Block: Plat Bool?'%_ Page Metes & Bounds Description: Subdivision: Property. I.D.#: 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.) o. SEPTIC SYSTEM -- o TYPE OF WATER SER'~qCE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM e. FRANCHISED UTILITY SYSTEM PROVIDE NAME ., d. PRIVATE SYSTEM ~VELL) t%' ' " 1 APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 6/98 o 10. 11. 12. / TOTA.L POPULATION TO BE SERVED: ~7~ / PEAK AND AVERAGE D.MLY DEMANDS: A. WATER-PEAK AVERAGE DAILY B. SEVqER-PEAK AVERAGE DAILY IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEbl, 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 so~i revolved shall be provided from tests prepared and certified bv a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located wnthin the services boundaries of Collier Count-y's utiliW service system, written notarized statement shall be provided a~eeing 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 ~n 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 project is to receive sewer or potable water services from any provider other than the County, a statement fi.om that provider indicating that there is adequate capacity, to serve the project shall be provided. Utility. Pr~vision Statement RJM 10/17/97 ,APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE 13~OF 15 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST. IS TO BE SUBMITTED '~VITH .aPPLICATION PACKET! R E Q UIREMEN TS # OF ~ COPIES i 1. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 5. Conceptual Site Plans 6. Environmental Impact Statement- (EIS) 7. Aerial Photograph - (with habitat areas identified) 11 REQUIRED NOT REQUIRED 11 4 4 Completed Utility, Provisions Statement (with required attachments and sketches) 4 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) Application Fee, Check shall be made payable to Collier County, Board of Commissioners 13. 14. Other Requirements - 4 As the authonZed agent/applicant for this petition I attest that all of the information indicated on this checklist is included ua this subrmttal package. I understand that failure to include all necessary, subrmrtal information may result ua the delay of process this pent-ion. Applicant/Agent Signature APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 6/9R D at e AFFIDAVIT ~Xll'~ J r~,'~v ,' being first duly sworn, depose and say that we/I am/are the owners of the propers, described herein and'which is the subject matter of the £roposed hearing; that all the answers roi. he questions in this application, including the disclosure of interest information, all sketches, data. and other supplemental, matter attached to and made a £art 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 rhar r. he content cf :his fo,,"m, whether computer generated or CounO' pmnted shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. .4s propers.' owner We~I further authorize ~ U ) g-~ . ~- 5 t ~ to act as our/my representative in any matters regarding this Petition. Signature of Propff/~5~ OWner '~ Signature of Propers. Owner Typed or Printed Narn~ of O(vner T. vped or Printed Name of Owner as identification. The foregoing instrument was acknowledged before .me this h/~ ~ day 19 9 ~' by [~ ff / ./4~ ~ /nj, /,/, who is personally known to me or ~s prodl, ced / (Print. Twe,, or Stamp Commissio~-~,~"--- Name ;/~iota~. Public) ,APPLICATION FOR PUBLIC HEARING FOR COND~IONAL USE - 6/98 RESOLUT]ON 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE NUMBER I FOR EARTHMINING IN THE A-MHO ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COLrNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 25. TOWNSHIP 47 SOUTH. RANGE 27 EAST, COLLIER COL,'NTY. FLORIDA. WHEREAS. the Legislature of the State of Florida in Chapter 67-1246. Laxvs of Florida. and Chapter 125. Florida Statutes. has conferred on Collier Count.',' the po~,'er to establish, coordinate and enforce zoning and such business regulations as are necessary lbr the protection of the public: and WHEREAS. the County pursuant thereto has adopted a Land Developmem Code I Ordinance No. 91-102) ~vhich includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County. among xYhich is the granting of Conditional Uses: and WHEREAS. the Collier County Planning Commission. being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in sa regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.2.3 in an A-MHO Zone for eanhmining on the property hereinafter described, and has found as a matter of fact I Exhibit "A" ) that satisfactoU 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 Ibr the Collier County Planning Commission: and WHEREAS. all interested parties haxe been given opportunity to be heard bx this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD OF ZONING APPEALS of Collier County. Florida that: -:2,- The petition filed by David Carter representing William J. Fognini, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use 'T' of Section 2.2.2.3 of the A-MHO Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, Approved as to Form and Legal Sufficiency: Ma)ni ~. Scuderi Assistant County Attorney ffCU-99-22 RESOLUTION/ -2- /~J",4,O A I T F....,.~ · FED. 0 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-22 The following facts are found: Section 2.2.2.3.1 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 district or neighborhood because of: Consistency~and Development Code and Growth Management ~.~es~ No B 0 C o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequa~_ & No egress Affects neighboring properties iN r~]~L/~ to noise, glare~ economic or odor~eT~f~ects: 'No affect or ~~ffe~~ Affect cannot De mi5lgated D. Compatibility with adjacent properties and other property in the district: Compatible u~in districtNo Based on the above findings, this conditional use should, with stipulations, (cppy attached (should not) be recommended for approval/ / ~~ ~~~~ DATE: //~.~2.~ ~J~) CHAIRMAN: f/FINDING OF FACT CHAIRMAN/ 2000 CU-99-22 Legal Description DESCRIPTION: (BASED ON CLIENT INPUT - LISTED AS IHDIV1DUAL .5 Ac.+' TRACTS) THE WEST 3/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4; AND; THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. CONTAINING: Ac. MORE OR LESS EXHIBIT "B" Exhibit "C" CU-99-22 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. Prior to commencement of the earthmining operation, the petitioner shall pave an apron at the intersections of Immokalee Road with Platt Road and Friendship Lane. The apron shall extend from the edge of the existing pavement to the right-of-way line. 3. Collier County has no responsibility for maintenance of the dirt access roads. 4. Prior to commencement of the earthmining operation, the petitioner shall construct turn lanes in each direction at the intersections of Immokalee Road with Platt Road and Friendship Lane. 5. Road impact fees, calculated on the total excavation, shall be paid prior to commencement of the earthmining operation. 6. The earthmining operation is limited to weekdays between 8:00 AM and 6:00 PM. 7. For the duration of the operation, the petitioner shall water weekly, grade monthly, and fill potholes monthly, that portion of Friendship Lane between Platt Road and Immokalee Road; and Platt Road. 8. Prior to commencement of the operation, the petitioner shall construct a school bus- stop shelter within the right-of-way on the south side of Immokalee Road and its intersection with Friendship Lane. EXHIBIT "D" AGENDA IThAca4 EXECUTIVE SUMMARY PETITION CU-99-32, GLORIA GODARD REPRESENTING MIKE WALCZUK REQUESTING APPROVAL OF A CONDITIONAL USE FOR A CHILD CARE CENTER TO BE LOCATED AT 853 AND 857 101sT AVENUE NORTH IN NAPLES PARK, OBJECTIVE: The applicant is requesting Conditional Use "3" of RMF-6 Residential zoning district for a child care center. CONSIDERATIONS: The applicant is requesting Conditional Use "3" of the "RMF-6" zoning district. The applicant is proposing to convert an existing duplex into a childcare center to accommodate up to 50 children. The building will be renovated; a small parking lot and landscaping will be added through a Site Improvement Plan (SIP) approval. The proposed use will generate approximately 232 trips on a weekday. However, 101st Avenue is one of the few roads in Naples Park that will retain the median opening on Tamiami Trail North. Therefore, most people going to work and coming back from work will use this street. Therefore, for those people, dropping-off and picking-up their children on their way to work and back, this will not generate additional trips on 101st Street. The property in question is located in the residential area of Naples Park, and is separated from the commercial section of Naples Park by two residential lots, one of which is vacant. The location of this property will limit the traffic impact on the residential portion of 101st Avenue. The Collier County Planning Commission heard this petition on January 6, 2000 and by a vote of 7-1 recommended denial. Three persons spoke against this petition at the CCPC hearing and furthermore, Staff has received several letters of objection. FISCAL IMPACT: This petition is for an 1885 square foot child care center. The following impact fees are applicable to this project: Fire Impact Fee: $ 565.00 Road Impact Fee: $3000.00 EMS Impact Fee: $ 86.00 Radon: $ 94.00 Building Code Adm. Fee: $ 94.00 Total: $3839.00 I' FEB 0 8 2000 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination, while others, such as roads may have geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "RMF-6" Residential Multi-Family. This district allows for certain conditional uses such as child care centers. Therefore, this request is consistent with the FLUE 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 referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. STAFF RECOMMENDATION TO THE CCPC: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for conditional approval. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed CU-99o32 and by a vote of 7-1 recommended that the Board of Zoning appeals deny this petition. This recommendation was based on the fact that there are commercial properties within the vicinity of the proposed day care, which may be used for the proposed use. The approval of this request will expand commercial land use into the residential areas and will compromise the integrity of residential neighborhoods. i' &~A ITE~. F-_3 O 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE RONALD F. NIN~O, AICP, MANAGER CURRENT PLANNING SECTION DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DATE APPROVED BY: VINCENT ~. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AC_~.NDA ITEI~. F"'9 0 8 2000 P~. ~ TO: FROM: DATE: SUBJECT: AGENDA ITEM 7-M MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 7, 1999 PETITION: CU 99-32 OWNER/AGENT: AGENT: Gloria Godard Coldwell Banker 3701 Tamiami Trail North Naples, FL. 34103 OWNER: Mike Walczuk 174 Pebble Shores Ddve # 104 Naples, FL. 34110 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a day care center. GEOGRAPHIC LOCATION: The subject property is located at 853 and 857 101st Avenue North in Naples Park and is further described as Lots 17 and 18, Block 72, Naples Park Unit 5, Collier County, Flodda. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting Conditional Use "3" of the "RMF-6" zoning district. The applicant is proposing to convert an existing duplex into a childcare center to accommodate up to 50 children. The building will be renovated; a small parking lot and landscaping will be added through a Site Improvement Plan (SIP) approval. 2000 FEB 8 2000 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Residential area as shown on the FLUE map of the GMP. The property is zoned "RMF-6" Residential Multi-Family. This district allows for certain conditional uses such as child care centers. Therefore, this request is consistent with the FLUE of the GMP. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: There are two existing driveways, which will be used to access the child care center. The ITE Trip Generation manual indicates that the proposed use will generate approximately 232 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road after trip assignments are made. In addition, the site-generated trips will not lower the level of service below any adopted LOS standard within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Conservation Element: This is an existing duplex. The applicant proposes a very few changes to the site. These changes will have no affect on the environment. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff'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. Therefore, no Historical/Archaeological Survey and Assessment is required. SURROUNDING LAND USE AND ZONING: Existing: Duplex, zoned RMF-6 Surrounding: North - An existing day care facility, zoned RMF-6 East - Single family dwelling, zoned RMF-6 South -Single family dwelling, zoned RMF-6 West - Vacant, zoned RMF-6 FEB 0 8 2000 bo STAFF ANALYSIS Consistency with this Code and Growth Management Plan. The site in question is zoned "RMF-6" and contains a residential duplex. Childcare facilities are permitted as Conditional Uses in the RMF-6 district. The subject property is designated Urban Residential, which allows child cares, provided certain cdteria are met. Con: None. Summary_ Conclusion (Findings): The use in question is permitted within the Urban Residential, provided certain criteria are met. This request is deemed to be consistent with the requirements of the Growth Management Plan. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. There are two existing ingress and egress points to the site. The applicant is proposing to change those two driveways into one circular driveway, which will be used to drop-off and pick-up children. Con: None. Summary Conclusion (Findings): There are existing and proposed ingress and egress points to the site. During the SIP stage, in order to address all safety concerns, staff will review the proposed reconfiguration plan. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: All noises generated by the children will be limited to the daytime hours, when most neighbors are at work. Con: This proposed child care will bring more cars and people to these residential dwellings, and therefore, will generate more noise than the existing duplex. -3- AGENDA ITEI~ FE2 0 8 2000 Summary conclusion (Findings): The proposed use will generate more noise than the existing dwellings. However, the noise will be limited to daytime hours. Furthermore, one of the neighbors is another child care center, and should not be negatively impacted by the noise generated from the proposed one. Compatibility with adjacent properties and other property in the district. Pro: Adjacent properties contain single family residential dwellings, a child care center, and vacant properties. Child care centers are usually considered compatible uses in residential areas. Con; None. Summary. Conclusion (Findings): The proposed use is considered compatible with the existing residential land uses surrounding this site. NOTE: 101st Avenue is one of the few roads in Naples Park that will retain the median opening on Tamiami Trail North. Therefore, most people going to work and coming back from work will use this street. Therefore, for those people, dropping-off and picking-up their children on their way to work and back, this will not generate additional tdps on 101st Street. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU 99-32 to the recommendation for conditional approval subject to staff stipulations resolution of approval. BCC with a listed in the -4- FEB 0 8 2000 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION DATE AICP? ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the January 6, 2000 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: DATE RUSSELL A. BUDD, CHAIRMAN -5- FEB 0 8 2000 RESOLUTION 2000- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A DAYCARE FACILITY CONDITIONAL USE #3 IN THE RMF-6 ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3 OF TI-IE COLLIER COUNTY LAND DEVELOPMENT CODE FOR A DAY CARE FACILITY PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48 SOUTI-L RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier Countv the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No 91-102~ which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Cornmission~ being the duly appointed and constituted planmng board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use #3 of Section 2.2.5.3 in an RMY-6 Zone for a daycare facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2 7 4 4 of the Land Developmem Code for the Collier County. Planning Comrmssiom and Wq-IEREAS. alt interested parties have been g~ven opportunity, to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW. THEREFORE BE IT RESOLX~ED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed bv Gloria Goddard of Coldwell Banker, McFadden & Sprowls representing Mike Walczuk with respect to the property, hereinafter described as: Lots 17 & 18, Block 72, Naples Park Unit #5 as recorded in P~at Book 3, Page 14 of the Official Records of Collier Count, Florida be and the same is hereby approved for Conditional Use #3 of Section 2.2.5.3 of the RMF-6 Zoning District for a daycare facility in accordance with the Conceptual Master Plan (Exhibit "B") and subj~t to the folloVang conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the vain' -2.- FEB 0 B 2000 This Resolution adopted after motion, second and majority, vote. Done this day of ,2000. BOARD OF ZONING ,APPEALS COLLIER COUNTY, FLORIDA BY: CHAmMAN ATTEST: DWIGHT E. BROCK, Clerk .kpproved as to Form and Legal Sufficiency: Marm~- §cuderi - Assistant County Attorney g:,~lmuv RESOLL"FION/CU-99.32, CB,~ -2- FEB 0 8 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 The following facts are found: Section 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: 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 safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/& egress Yes .~/ No A~z~ neighboring properties in relation ~o noise, ~ ~onc, mic or odor effects: / Nc affect or Affect mi5igated by Affect cannot be mitigated C©mpa%sbility wmth adjacent properties and other property in the district: Compatible use wi~,~Nn distr~t Yes ~F No ~ Based on the above findings, thi~ditional use should, wish st~-pula5ions, (copy attached) ~should not~ be recommended for EXHIBIT "A" g,a~im~n ~!:~£1:~G CY FA2U 2.MA.!P~tA~ CU-~9-~2/CB/lm FEB 0 8 2000 FINDING OF FACT BY COLLIER COL~TY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 The following facts are found: Section authorized the conditional use. of the Land Development Code 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: icnsistency w!zk 5he Land Development Code and Srowth Management-~an: Yes No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &%z egress Yes./~. No Affects nelghbcrlng properties in reiation to noise, -~= e~.~m_~ or odor effects: No affec~ cr Affect mitigated by Affec~ ranno5 be ~ m._.ca~e~ property zn the dis5rict: Compatible u~q~within district Yes//~- No Based on the above fJ gs ¢ stlpuiatic (should no apprcYa DATE: Compatibility wznh adjacent properties and other use should, with rec d for r ....N,~ TF FAC.- MEMBER 3U-99-32 CB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 99-32 -~= .....cz=owing facts are found: Section 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 Dr uses in the same district or neighborhood because of: icnsis%ency with 5he Land Development Code and ,Growth Management Yes No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No ~'/ Afferus neighboring properties in relaUion 5o noise, flare, economic or odor effects: No ~2~ec~ ~_ Affect miticated by m=~zgated Compatibility wz%n ad3acent properties and other property zn the district: CompatibleyesUSe within ~q.l~riCtNo Based on the above findings, this conditional use should, with sr~uiations, (~,.-- .!~,,-' ,~ (should not) be recommended for DATE: ~,,aGrn~n Fi.~;Ui:~> ~F FA-~-. MEMBEF. ~--3-99-]2/CB/lm FEB 0 8 ZOO0 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 The following facts are found: Sectlon authorized the conditional use. of the Land Development Code Granting the conditional use will not adversely affect the public interest and will not adversely affecn other property cr uses in the same district cr neighborhood because of: icnsisnency wink the Land Development Code and Drowch Management Plan: Ye s ~ No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress .&~,e~ress Yes.~, No '~ / Affects neighboring properties in relation to noise, flare, economic cr odor effects: ~o affecn cr Affect mitigated by Affec5 cannot be mitigated Compatibi!ity wlnh adjacent properties and other property in the district: Compatible use w~thin district Yes L/ No Based on the above findings, st-~puiau~ons, (copy attached) approval DATE: /-- ~& ~O  nal use should, with be recommended for g/admin/FINDINC- CF FACT MEMBER ~J-99-32/CB/im FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 The following facns are found: Section 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 ~r uses in the same district or neighborhood because of: · Usnsistency 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 safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No ~ Affects neighboring properties in relation to noise, clare., economic or odor effects: Nc affecz or Affect ml%igated by ~[fe.c5 cannot be mitigated Compatibiizty w!nh adjacent properties and other property in the district: Compatible use within district Yes No w~/ Based on the above findings, this conditional use should, with snz_~,u'arions, (copy attached)~__~ould not~be recommended for ap~rcvai g/admzn, [2!~21.~S OF FA~/. ME~ER, C'J- 99-32/CB/im 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 The following facts are found: Section of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and wlll not adversely affec% other property or uses in the same district or neighborhood because of: Consls5encv with :he Land Development Code and Growth Managemen% ~.~n: Yes · No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequaue ingress & egress Yes No ~ Affec:s neighboring properties in relation to noise, glare, economic or odor effects: No/~ffec~ or Affec~ mitigated bv X/Affec: cannot be mi:zca5ed Compa~ibli!5y wl~h adjacent properties and other proper:y in the district: CompaEible use within d~5~rict Yes No Based on the above findings, this conditional use should, with s~ipula~ions, (copy attached) (should not) be recommended for apprcvai~ .~ ~ ~' DATE: ~ ~ · ~ MEMBER: "}~ k'~-~ g/adm~n,,Fl}PDING CF FAC/ MEMBER ~J~Rg-32'CB/im AGENDA ITEM~ F,'-3 0 8 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 ?he following facts are found: Section ~.~ .~.~ authorized the conditional use. of the Land Development Code 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: L .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 safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~- No Affects :~eighboring properties in relation to noise, slate, economic or odor effects: No affec: or Affect mitiga5ed by Afros: cannon be mitigated Compatibiii:y with adjacent properties and other property in the disEr:ct: Compatible use within district Yes v No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~ be recommended for MEMBER: z a~_.r~::. ~ iNi iN3 iF FA21 HEM-~E-~ i'.} ~9-32 AGEI~A ITEI~ ' FEB 0 8 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-32 =h_ foilcwlng facts are found: Section 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 zr uses in the same distrlct or neighborhood because of: icnsls:ency wi5h :he Land Development Code and Grow5h Management Plan: Yes a// No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes O/ No Affec%s neighboring properties in relation to noise, ~iare~ economic cr odor effects: ~- No affec: or Affect mitigated by Affec: cannot be mltigated Compau~blii~y wz~h adjacent properties and other property in %he district: Compatible uspci, thin district Yes No Based on the above findings, this stip'~tau'cns, (copy attached) apprcv~ ~MEW~ER CU-99-22 'CB/ira conditional use~ (should~2 with (should not) be ~z~9~ded for FEB 0 8 2000 --2~10 ' 58'4 i 20'10--~ EXHIBIT "B" CONDITIONS OF APPROVAL CU-99-32 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on January 6, 2000. The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of 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). A Site Improvement Plan (SIP) must be applied for and approved by the Development Services staff prior to the use of this property for a daycare center. EXHIBIT "C" FEB 0 8 2~grJ APPLICATION FOR PUBLIC HEARING FOR: Petition No.: Date Petition Commission District: Planner Assigned: .ABOVE TO BE COMPLETED BY STAFF General Infor,lnation Name of Applicant(s) Applicant's Mailing Address ~ '~ o(,oD. City. ¢o,¢~ State C-C Zip ~q~10 Applicant's Telephone # Fax # Name of Agent G!c~c~O~ C--6ddcLc-d Firm Agent's Mailing Address ~--{ O t Tta.. City rq~p/e.~ Agent's Telephone # q q~ ~ - c114 t$ (D Fax # State 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 ~C ~G FOil CONDITIONAL USII~ - ~ PA~ FEB 0 8 2000 OF 15 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association:__ IN) 1 ~ Mailing Address City State ~ Zip Name of Homeowner Association: ~ / {~- Mailing Address City State ~ Zip Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City. State ~ Zip Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership APPLICATION ltOR PUBLIC HKARING FOR CONDFrlONAL USE - 6/98 PAGI FEB 0 8 2000 20F 15 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Co Name, 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 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. eo Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: .M~PLICATION I*OR PL~LIC lt~kRI1NG lrOR CONI~mONAL LISZ o 6/~ PA( AGENOA 3 OF 15 f. list all If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property acquired ~ leased ( ): Term of lease If, Petitioner has option to buy, indicate date of option: terminates: . , or anticipated closing date yr./mos. and date option Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include sc'pm'ate 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 sut~ey may be required. Section: ~ c~ Township: ~ <~ Range: Lot: i '-I -~ :' Block: -~ o,~ Subdivision: ~ G. O ~ C~ PlatB~k~Page~: t~l~ Prop~I.D.~: ~ ~¢ Metes & Bounds Description: 4. Size of property_ : lO0 ff.X t~>% ft. = Total Sq. Ft. l~:~b~)Acres Address/general location of subject property_: APPLICATION FOR lqJBLIC HEARING FOR CONDmONAL USg - ~ FEB 0 § 2000 4 OF 15 6. Ad_latent zoning and land Zoning 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). S ecuon: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: T.~e of Conditional Use: This application is requesting conditional use # the district for (~'~E oF USE) Present Use of the Property: of Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Plazmmg Commission's recommendation to the Board of Zoning Appeals shall be baaed upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional us~, if any, have been me% and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent (Attach ad¢~tional pages as may be necessary). PAGt APPLICATION IN)R PU-~LIC }lg_ARING FOIl CONDITIONAL USE - ~ aG Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): b o 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: d Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Describe the site's and the proposed use's compatibility with adjacent properties and other properties m the district: Please provide any additional information which you may feel is relevant to this request. APPLICATION FOR PUBLIC I~.ARING !~O!~ CONDITIONAL PAGE FEB 0 8 2000 ;OF 15 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 properly 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 pubhc hearing been held on this property within the last year? If so, what was the nature of that hearing? C~ID Additional Submittal requirements: In addition to this completed application, the following must be submitted in o}der for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b o Eleven (11) 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]; · 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 sU'ucture(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 chsabled], · locations of solid waste (refuse) containers and sermce function areas, required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); APII~LICATION FOR PURLIC I:[KARING FOR CONDrI'IONAL USE . .am Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code iLDC'}. ' AGE. NOA)TEld j ..... FS2 0 8 2800 PA, ~E 7 OF 15 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 (TIs), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. )tPI'LICATION FOR PUBLIC I:{KARING FOR COrVI)mONAI. PAGI AGENDA ITEM 0 g 200.0 8OF 15 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REOUEST MAILING ADDRESS: ~ (o~ O..~C~'~.C~ .~x ~ ~_.,~c~C~ CITY ZIP ADDRESS OF SUBJECT PROPERTY (IF AVAII,ABLE): ~ ~ ~ - LEGAL DESCRIPTION: Section: ~ c~ Township: ~ c~ Lot: 1-~ ~' t',i' Block: ~ ~ Subdivision: Plat Book ~6bc~ Page #: 1 -~ ~ a~ Metes & Bounds Description: Range: Property I.D.#: (a ~ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM CITY WFILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME ct. PACKAGE TREATMENT PLANT (GPD capacity) o. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: &. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (~rELL) API~.ICATION FOR lqJ~LlC HEARING FOR CONDITIONAL USE - 6/~n AGENDAJTEM 0 kOE 12 OF 15 10. 11. 12. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK AVERAGE DAII.Y B. SEWER-PEAK AVERAGE DAILY 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 perc, olation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTFIER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that proVider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17/97 APlq. ICATION FOR I~UllLIC HF~ARING FOR CONDITIONAL USE - 6/~ AGENDA ITEM F7.3 0 2000 }E 13 OF 15 We/Z ~.~_. IC/¢-l~-e~ IA/~O. LC T__~/?. being first duly sworn, depose and say that we/I am/are ~e owners of the proper~ d~cribed herein and which is the subject ~ner of the proposed heamng; that all the a~wers to,he qu~tions in this application, including the d~clo~re of interest infomation, all sketches, data, and other supplementa~ matter attached to a~ made a part of this application, are honest and t~e to the b~t of our ~owledge and beli~ ~I understand that the infomation requited on th~ application m~t be complete and ac~ate and that the content of this fo~, whether computer generated or Coun~ p~nted shall not be altered. Public hea~ngs will not be advertised until this application is deemed complete, and all required i¥omation h~ been submitted. .d3~ropern'ownerWe/Ifurtherauthorize ~~ ~U4~~ toact ax our mx' representative in any matters regarding this Petition. Sig~af/ure-o~ lZYro~e)~ Owner '-- Signature of Property Owner ~vpcd or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this / 7 day of ~) c~ 19 f_~, by /}~_l C # ~. e c [ld ~Z.e,2 tt ~ who is personally known to me or has produced State of Florida County of Collier as identification. APPLICATION FOR PUllLIC it~kiiING FOR CONDITIONAL U-g~ - 6/98 (Signature of Notary Public - State of FloridalaV (Print. T. vpe, orStamp Com~n'~$t~tted Name of Notary Public) " ~ I1~t FEB 0 8 2000 15 OF 15 10/20/99 1S:S? This instrLunent prepared by and Record and Return to: DUNNTITLE COMPANY 4700 Tamiami Trail N., Ste. 1 Naples, FL 34103 HOL~STEAD PRINT [~] 002 2536838 OR: 2596 PG: 0508 ilCOIDID In O~ICIAL IIICOIIDS of COLLIilt ~, ~L 01/29/I~99 at 09:0~AK DUIGH? l. BIOC[, I:LSH C01S 17000 DOC-JO 1190,00 ReLn: ouim ?ITtl PICI UP File No.: 99-5611A Property Id~ntification No.: 62786960004 WARRANTY This Warranty Deed, made the ~ day of SEPTEMBER , 1999, DEED ~ ~ blz ANDREW J. KLEINBERGER, A SINGLE PERSON, hereinafter called the ~ ~. ~ ~ GranTor, to MICHAEL N. WALCZUK, A MARRIED PERSON, whose post office address is: 36781 Dow Street, %142, Richmond, MI 48062, ~ ~ ~"~n~re~.~=~-= -~ .... er called ~he Grantee ~z'E~ ' ~ (Wherever used herein the terms "Grantor" and "Grantee" include all gz m r-- the parties to this instrument and the heirs legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. ) Witnesseth, That the Grantor, for and in consideration of the sum of SI0.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remsses, releases, conveys and confirms unto the Grantee all that rer!a!n land situate in Collier County, State of Florida to-wit: Lots 17 a~d 18, Block 72, NAPLES PARK, Unit No. 5, according to the Plat thereof recorded in Plat Book 3, page 14, of the Public Records of Collier County, Florida. Together, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; ~hat the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encun%brances, except taxes accruing subsequen~ to December 31, 1998. Page 1 of 2 0 10/20/99 15:~8 Warranty Deed Page 2 of 2 HO I.~.STEAD PRINT OR: 2596 PG: [~003 0 09 *" In Witness Whereof, the said Grantor has si~ned and sealed wi~'n~Jss #2 Signatd~ u ...... =~ Name of Witness #2 these presen~day and year first above written. ~sea~d an~ . Printed Name of Grantor P. 0, Box 2501 BoDita Sprinqs, FL 34133 Address of Grantor STATE OF: COUNTY OF: FLORIDA COLLIER I hereby certify that on this day, before me, an officer duly au:kcrized to administer oaths and take acknowledgements, personally appeared ANDREW J. KLEINBER~ER known to me to be the person,s, described in and who executed the foregoing instrument, wnc ac~:owiedged before me that he executed the same, and an oath was no~ ~aken (check one) Said person(s) is/are personally known to me. X Said person(s) provided the following type of identification: valid Driver's License Witness my h~ and official seal/~n ~e Count~and~Sta~e la~ My Commission expires: V_pTmr.r~ , ,t . qO~_:.~ Printed Name of Not AGENDA ITEM FEB 0 8 2000 - -- 20'10--- 58'4 20'10~ l- !4'6 14'~-- FEB 0 ~ 2000 EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JORGE Z. FUENTES AT 5346 TEXAS AVENUE IN NAPLES MANOR LAKES, COLLIER COUNTY, FLORIDA OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 100% waiver 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 hnpact 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 Jorge Z. Fuentes, with impact fees to be paid with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Jorge Z. Fuentes has submitted an application for a 100% waiver of impact fees for one house to be built by Jorge Z. Fuentes at 5346 Texas Avenue, Naples Manor Lakes, in Collier County, as a very low income, first time home buyer and qualifies for an impact fee waiver under the provisions of the Impact Fee Waiver Ordinances. The house is proposed to sell for $97,400.00. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived/deferred is $7,140.34. 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 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 very low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. ITEM FEB 0 8 2000 Executive Summary Fuentes Impact Fee Waiver Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the waiver of impact fees for a home to be built at 5346 Texas Avenue, Naples Manor Lakes, in Collier County, by Jorge Z. Fuentes, a very low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. jd/01/25/0O Prepared by: /'J'~o'hnne Dalbey, Planner II .,, /Housing and Urban hnprovement Reviewed by: G~eg Mi D~ctor Housing and Urban Improvement ...... "--- Date /'- Zff'- o b' Approved by::' ' ' , ~ ~ d'~-~" d2--_~._ Date ~,, VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jd/g/impactfee/fuentes 2000 I RESOLUTION NO. 2000- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER 4 COUNTY, FLORIDA. AUTIqORIZING \VAIVER OF CORRECTIONAL 5 FACILITIES IMPACT FEES. LIBRARY SYSTEM IMPACT FEES. PARKS .AND 6 RECREATIONAL FACILITIES LMPACT FEES, ROAD IMPACT FEES. 7 EMERGENCY MEDICAL SERVICES IMPACT FEES, EDt:(',-V['IONAL 8 FACILITIES SYSTEM IMPACT FEES. AND WATER ANDOR SE\VER IMPACT 9 FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JORGE Z. FUENTES AT 10 5346 TEXAS AVENUE. NAPLES MANOR LAKES. COLLIER COU.~TY, 11 FLORIDA. 12 WHEREAS, Collier County' has recognized and attempted to address the lack of adequate and 13 affordable housing for moderate, low, and very-low income households in the County and the need 14 for creative and innovative programs to assist in the provision of such housing by including several 15 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy' 1.4.1; 16 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' 17 1.6.3; objective 2.1, policy 2.1.I, policy 2.l.2, policy' 2.1.3, policy 2.1.5, and policy 2.1.6 of the 18 Housing Element; and 19 YYHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 20 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 21 Administrative Code; and 22 WHEREAS, in accordance with Collier Count>' Ordinance No. 93-19, the County is 23 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers 24 of Collier County' impact fees; and 25 VeHEREAS, Jorge Z. Fuentes is seeking a 100% waiver of impact fees; and 26 WHEREAS, Jorge Z. Fuentes wilt construct a four (4) bedroom unit (the "Dwelling Unit") at 27 5346 Texas Avenue in Naples Manor Lakes, Collier Count>', Florida: which is proposed to sell lbr 28 Ninety Seven Thousand Four Hundred Dollars (97,400.00), and 29 WHEREAS, the Dwelling Unit will be owned by a very low income household, and 30 WHEREAS~ Jorge Z. Fuentes submitted to the office of the Housing and Urban Improvement 31 Department an Affordable Housing Application dated October 1, 1999 for a waiver of impact fees for 32 the construction of a house at 5346 Texas Avenue, Naples Manor Lakes, Collier County, Florida, a 33 copy of said application is on file in the Housing and Urban Improvement Department; and 34 WHEREAS, 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 37 Ordinance, 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 Sen'ices System Impact Fee Ordinance, 39 Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee 40 Ordinance, Ordinance No. 92-33, as amended; and Section 3.04 of the Regional Water and'or Se\vet -1- FEB 0 8 2000 Systems Impact Fee Ordinance, Ordinance No. 98-69, an applicant mav obtain a waiver of impact 2 fees by qualifying for a waiver: and 3 WHEREAS, Jorge Z. Fucntes has qualified for an impact fee waiver based upon the 4 folloxxing representations made by' Jorge Z. Fuentes: 5 A. The Dwelling Unit shall be owned by a first-time home buyer 6 B. The Dwelling Unit shall be oxvned by a household with a very low income level as 7 that term is defined in the Appendices to the respective Impact Fee Ordinances and the 8 monthly payment to purchase the unit must be within the affordable housing 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. The Dxvelling Unit shall remain affordable for fifteen (I5) years from the date the 12 certificate of occupancy is issued. 13 NOW, THEREFORE, BE IT RESOLVED BY THE 14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 15 1. 16 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 5 6 37 38 39 BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Jorge Z. Fuentes for one (1) house which shall be constructed at 5346 Texas Avenue, Naples Manor Lakes, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver signed by Jorge Z. Fuentes, 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 5346 Texas Avenue, Naples Manor Lakes, Collier County, Florida by Jorge Z. Fuentes: A. Librao' Impact Fee B. Road Impact Fee C. Parks Impact Fee: D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Correctional Facilities Impace Fee G. Water Impact Fees H. Sexxer hnpact Fees Total Impact Fees 180.52 1.379.00 820.84 14.00 1,778.00 I 17.98 1,275.00 1.57500 $ 7,140.34 0 8 2000 1 2 3 4 5 6 7 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 thc property owner and or purchaser and the County. Based on 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 S96,866.00 is necessary to obtain financing to purchase the Dwelling Unit. 8 This Resolution adopted after motion, second and majority' vote favoring same. 9 10 11 DATED: 12 13 ATTEST: 14 DWIGHT E. BROCK, Clerk 15 16 17 18 19 2O 21 22 Approved as to form and 23 legal sufficiency': 24 27 Heidi F. Ashton 28 Assistant County Attorney 29 30 31 32 jd'c, impfees fuentes 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, CHAIILMAN -3- I FEB 20012 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 2(} 21 22 23 24 25 26 27 28 .-29 EXHIBIT "A" LEGAL DESCRIPTION JORGE Z. FUENTES RESIDENCE LOT 23. BLOCK 10, NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- AC3E. h~:)A ITEM~ FEB 0 8 2000 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of , 2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Jorge Z. Fuentes, hereinafter referred to as "OWNER." WI TNE S S E TH: 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; the Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems Impact 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 100% waiver 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 100% waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver and FEE) 0 8 2000 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-__ at its regular meeting of ,2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a very 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; FEB 0 8 20( d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the 100% waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply xvith 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 or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived 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. 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 A C-:-:-:-:-:-:-:-:~ A ITEM FEB 0 8 2000 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 xvith 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 OW.~'NER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within 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 until repaid. FEB 0 8 2000 Except as set forth in Section 7, such lien shall be superior and paramount to the interest in the Dwelling Unit of any ovcner, 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 STATE OF O~rNER: Joi'~ge Z. l~uentes The foregoing instrument was acknowledged before me this ~/ day of 1999, by Jorge Z. Fuentes. He is personally known to me-or-pro4ueed- ................. (type of idemi~atiorr)-asidenXi-fi cation. [NOTARIAL SEAL] Signature of Person Taking Ackno~;,'~ed~ment 4v ~ff~. t, JOANNE DALBE ,~ ~ ,~. MY COMMISSION 'e'0lt ~k.~ EXPIRES: -800-3-NOTARY Fla Notary Ser',t[t~ DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTTy COMISSIONERS COLLIER COUNTY, FLORIDA By: , CHAIRMAN Approved as to fom~ and legal ,sufficiency ~.~. ( ,;./ ,.' Heidi F. Ashton Assistant County Attorney jd,'c/impfee/fuentes 6 FEB 0 8 2000 EXHIBIT 'A' LEGAL DISCRIPTION JORGE Z. FUENTES RESIDENCE LOT 23, BLOCK 10, NAPLES MANOR LAKES, AS RECORDED IN PLAT BOOK 3, PAGE 86 ANT) 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AG~A ITEJ~ FE~ 0 g 2000 FEB 0 ~ 2000 EXECUTIVE SUMMARY AUTHORIZATION OF A 100% WAIVER OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY DENISE E. RIVERS AT 5200 19T" AVENUE S.W. IN GOLDEN GATE, COLLIER COUNTY. OBJECTIVE: The Board of County Commissioners accept the Resolution and Agreement for 100% waiver 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 System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Denise E. Rivers. with impact fees to be paid with funds from the Affordable Housing Trust Fund. CONSIDERATIONS: Denise E. Rivers has submitted an application for a 100% waiver of impact fees for one house to be built by Denise E. Rivers at 5200 19th Avenue S.W. in Golden Gate, Collier County, as a very low income, first time home buyer and qualifies for an impact fee waiver under the provisions of the Impact Fee Deferral Ordinances. The cost of the house will be $79,900.00. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amoun! of impact fees requested to be waived is $4,290.34. a) Library System Impact Fee $ 180.52 b) Road hnpact 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 Total Impact Fees to be Deferred $4,290.34 GRO'B'TH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a very low income family in compliance with Policy 1.5.2 of the Housing El ement of the Growth Management Plan. AGENDA ITEIvl FEI 0 8 2000 Executive Summary Rivers hnpact Fee Waiver Page Two RECOMMENDATION: The Board of County Commissioners accept the Resolution and Agreement authorizing the waiver of impact fees for a home to be built at 5200 19th Avenue S.W., Golden Gate in Collier County, by Denise E. Rivers, a very low' income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. j d/01 ;25/00 Prepared by: ,~ ,. ,-' :. ,~Jsm~me Dalbey, Planner Ii Housing and Urban Improvement Reviexved bv: 'g tJre lc. Dit eclor Housim, and Urban Improvement Approved bY: ~ r ....__ Date, VINCENI A. CAUTERO. AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES jdc cxecsum, rivers FEE! 0 8 2000 1 RESOLUTION NO. 2000- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER 4 COUNTY, FLORIDA, AUTHORIZING 100% WAIVER OF CORRECTIONAL 5 FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS ANT) 6 RECREATIONAL FACILITIES IMPACT 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 DENISE E. RIVERS AT 5200 19TM AVENUE S.W.. I 0 GOLDEN GATE, 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 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 Housing Initiatives 19 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 20 Administrative Code; and 21 V~'HEREAS, in accordance with Collier County Ordinance No. 93-19, the County is 22 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers 23 of Collier County impact fees; and 24 WHEREAS, Denise E. Rivers is seeking a 100% waiver of impacl fees; and 25 WHEREAS, Denise E. Rivers will construct a three (3) bedroom unit {the "Dwelling Unit") £~, ax 52c!0 10th Avenue S. W. in Golden Gate, Collier County. Florida: which is proposed to sell for _"- Sex cntx-Nine Thousand Nine Hundred Dollars (S79,900.0C~). and 2S '~YHEREAS, tile Dxx ellmg Unit will be owned b) a very low income household, and 2~; 'O,'HEREAS. Denise E Rivers submitted to tile office of the Housing and Urban 3c~ Improvement Depa;tmem an Affordable Housing Application dated November 22, 1999 for a waiver 31 of impact fees for the construction of a house at 5200 19th Avenue S. W., Golden Gate, Collier 32 Count)', Florida, a cop5' of said application is on file in the Housing and Urban Improvement 33 Department: and 34 V~'HEREAS. in accordance with Section 3.04 of the Correctional Facilities Impact Fee 35 Ordinance, Ordinance No. 99-52; Section 3.04 of the Libra~' System lmpact 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. x~ ")2-22. :~ amcndcd~ Section 3.05 of the Emergenc) Medical Services System Impact Fee Ordinance, ( ~dln:~.,'.cc N,, ')1--1. a< amendcd: and Scc[iolq 3 !tS of the Educational Facilities ~ AGENDA ITEM -1- FEB 0 8 2000 I Ordinance, Ordinance No. 92-33, as amended; all applicant may obtain a waiver of impact fees by 2 qualify, ring for a waiver; and 3 WHEREAS, Denise E. Rivers has qualified for an impacl fee waiver based upon the 4 following representations made by Denise E. Rivers: 5 A. The Dwelling Unit shall be owned by a first-time home buyer. 6 B. The Dwelling Unit shall be owned by a household with a very' low income level as 7 that term is defined in the Appendices to the respective Impact Fee Ordinances and the 8 monthly payment to purchase the unit must be xvithin 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. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the 12 certificate of occupancy is issued. 13 NO'V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 15 1. The Board of County Commissioners hereby authorizes the County Administrator to 16 issue an Authorization for waiver of impact fees to Denise E. Rivers for one (1) house 17 which shall be constructed at 5200 19th Avenue S. W., Golden Gate, Collier County, 18 Florida. 19 2. Upon receipt by' the Housing and Urban Improvement Director of an agreement for 20 waiver signed by Denise E. Rivers, or other documentatiol~ acceptable to the County 21 Attorney, the Board of County Commissioners herebx authorizes the pa>xnent by 22 Collier County of the following impact fees fron2 the Affordable Housing Trust Fund, 23 Fund (191), in the following amounts for the one (1) house to be built at 5200 19th 24 Avenue S \V.. Golden Gate. Collier Count3, Florida by Denise E. Rivers: 25 26 A. $ 180.52 27 B. 1,379.00 28 C. 820.84 ~9 D. 14.00 30 E. 31 1,778.00 32 33 F. 117.98 3.~ LibraD~ Impact Fee Road Impact Fee Parks Impact Fee: EMS Impact Fee Educational Facilities System Impact Fee Correctional Facilities Impact Fee Total Impact Fees $ 4,290.34 -2- A~A ~ FEB 0 8 2000 5/ 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 3-4 3O 37 38 39 40 41 42 43 45 46 47 48 49 54 55 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 that certain mortgage loan from Americap Mortgage to the Owner in the amount of $80,500.00 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 BO.~RD OF COUNTY COMMISSIONERS COLLIER CO['NTY. FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: H~a~ ~ZTXsh~ton Assistant Count),' Attorney' FEB 0 8 2000 P'~% x,~ 1 2 7 8 9 10 11 12 13 14 15 16 17 18 EXHIBIT "A" LEGAL DESCRIPTION DENISE E. RIVERS RESIDENCE LOT 14, BLOCK 162, UNIT 5, GOLDEN GATE , AS RECORDED IN PLAT BOOK 5, PAGES 117-123, OF THE PUBLIC RECORDS OF COLLIER COU~qT'Y, FLOR/DA. -4- FEB 0 8 2000 81/12/20~8 15:53 941-559-4485 ~1/12/1999 18:15 941~554995 PAGE N FEB 0 8 2000 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of , 2000 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Denise E. Rivers, 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; 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. O\~'~NER has applied for a 100% waiver 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 hnprovement 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 100% waiver of ;mpact 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 prqiec~, as eligible for an impact fee waiver and FEB 0 8 2000 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-__ at its regular meeting of ,2000; 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 dxvelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. O~'~'NER 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. OV~q'qER represents and warrants the following: a. Owner maintains a household with a very 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; FEB 0 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290,34 pursuant to the Impact Fee Ordinance. In return for the 100% 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 or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for ~vaived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived 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, ~nterests and lien arising under this Agreement shall be made junior, inferior and subordinate to the first mortgage loan to OV~rNER. 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 t~t~.,:~ p:~?.'~qcnt oi' tile xvaived impact fees. and upon payment of the deferred impact AGENDA ITEId FEB 8 2000 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within 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 OWWER fails to sell the Dwelling Unit in accordance wiih 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 shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on thc elTcctix c' date of this :Agreement and continuing until repaid. 4 FEB 0 8 2000 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. \VitllessCs: Print Name_ #_ J._k,.4~.L Denise E. Rivers COUNTY OlS ~/~ 2fi~...~ ) Ire foregoing instrument was ac 'knowledged before me this ~ day of 1999, by Denise E. Rivers. Shee is personally ~own to me ~-.~~ .......... 4type of i~t~~) a~t~fieation. [NO-FARI-XI SEAl ] /Si~n~ture ofPer~on Ta~ing Ac~oWle~ment ~ JOANNE DALBE5 i~-~--~ AGE. I~DA ITEIvl ?o:~I~EB 0 8 2000 DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINE, CHAIRMAN 3d;c,'impfee,'rix ers 6 FEB 0 ~ 2000 EXHIBIT 'A' LEGAL DISCRIPTION DENISE E. RIVERS LOT 14, BLOCK 162, UNIT 5, GOLDEN GATE, AS RECORDED 1N PLAT BOOK 5, PAGE 117-123, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FED 0 8 2000 01/~2/1999 18:15 LA QUINT~ WOWES N LOT~4 ~~~~IEt~T5 FEB 0 B 2000 EXECUTIVE SUMMARY AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR EIGHT VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR, COLLIER COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services Impact Fees, Collier County Regional Water and/or Sewer Impact Fees, and Educational Facility System Impact Fees. The impact fees are for the following facilities: eight houses to be built by Habitat for Humanity of Collier County, Inc. with impact fees to be paid 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 eight houses to be built in Naples Manor, Collier County, that will sell to very low income families for approximately $52,500 each. The houses will be built on the following described properties. Lot 20, Block Lot 21, Block Lot 22, Block Lot 23, Block Lot 10, Block Lot 15, Block Lot Lot 7, Naples Manor Extension, Plat Book 3, at Page 101 7, Naples Manor Extention, Plat Book 3, at Page 101 7, Naples Manor Extension, Plat Book 3, at Page 101 7, Naples Manor Extension, Plat Book 3, at Page 101 2, Naples Manor Addition, Plat Book 3 at Pages 67 and 68 5, Naples Manor Addition, Plat Book 3 at Pages 67 and 68 33, Block 7, Naples Manor Lakes, Plat Book 3, at Page 86 2, Block 8, Naples Manor Lakes, Plat Book 3, at Page 86 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 $57.122.72. Impact fee charges for the eight houses in Naples Manor, Collier County, would be itemized as follows: FEB 0 8 2000 Executive Summary Habitat for Humanity of Collier County, Inc. Page Two Unit 8 Houses a) Correctional Facilities Impact Fee $ 117.98 $ 943.84 b) Library System Impact Fee 180.52 1,444.16 c) Road Impact Fee 1,379.00 11,032.00 d) Parks Impact Fees 820.84 6,566.72 e) Emergency Services Impact Fee 14.00 112.00 f) Water Impact Fee 1,275.00 10,200.00 g) Sewer Impact Fee 1,575.00 12,600.00 h) School Impact Fee 1,778.00 14,224.00 TOTAL IMPACT FEES $7,140.34 $57,122.72 GROWTH MANAGEMENT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for eight 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. id/01/25/00 PREPARED BY: · ~./-.. Kj ,~ .~ . .t,,~_'..~ .~t {_ ..dc · ~ ~', Jo~anne Dalbey, Planner II ~ ~ Housing and Urban Improvement ' Date REVIEWED BY: Greg l~Shalic, Director Hous(ng and Urban Improvement ,/ D~tre APPROVED BY: · VINCENT A. CAUTERO, AICP, ~M~IST~TOR Date COMM~ITY DEVELOPMENT A~ E~IRO~ENTAL SERVICES id/c/habitat 2000 1 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. 2000- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL \VATER AND OR SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT I-EES. LIBRARY SYSTEM IMPACT FEES, PA. RKS IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATION.M_ FACILITIES SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HL~,IANITY OF COLLIER COIENTY, INC., ON LOT 20, BLOCK 7, NAPLES MANOR EXTENSION. COLLIER COUNTY, FLORIDA. 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 CounD' and the need for creative and innovative 16 programs to assist in the provision of such housing by including several provisions m the Collier Count5' Grov, lh 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. Folicy 2.1.5, and 19 policy 2.1.6 of the Housing Element: and 20 '¢,TIEREAS, Collier CounU, has received funding pursuant to the State Housing Initiatives Partnership Pro,am 21 set forth in Section 420.907 et. seth, Florida Statutes and Chapter 91-37. Florida Administratixe Code: and 22 %~rtEREAS, m accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding 23 from the State Housing Init/at,yes Partnership [SHIP] Program for waivers of Collier Counp,.' impact lees: and 24 WHEREAS, Habitat for Humanity of Collier CounD', Inc. is seeking a waiver of impact fees: and 25 V~q-IEREAS, Habitat for tlurnanity of Collier County, Inc. ,,;,ill construct one (1) three-bedroom unit (the 26 "Dwelling Unit") on Lot 20, Block 7, Naples Manor Extension which is proposed to sell for FiftY-Two Thousand Five 27 Hundred Dollars ($52.500.00): and 28 WHEREAS. the Dwelling Unit will be purchased by a reD' low income household which ~s required to invest a 29 minimum of five hundred (500) hours of "Sweat EquiD'" before i~ obtains nde to the house: and 30 WHEREAS, Samuel J. Durso. M.D., President of Habitat for Humaniu, of Collier CounU,, Inc., submitted to 31 the Office of Housing and Urban Improvement an Affordable Housing Application dated December 3, 1999 for a 32 waiver of impact fees for the construction of a house on Lot 20, Block 7 Naples Manor Extension. 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 35 Ordinance. Ordinance No. 98-69: Section 3.04 of the Library System Impact Fee Ordinance. Ordinance No. 8S-97. as 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 Impacl Fee Ordinance, Ordinance No. 92~22~ as amended; Section 3.05 of the Emergency Medical 38 Sen'ices System Impac1 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 Con'ectional Facilities I 40 Fee Ordinance. Ordinance No. 99-52. an applicant may obtam a waiver of impact fees by quahfyi.2~ i FEB08 2000 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 34 35 36 WHEREAS, ttabitat for ttumanity of Collier Count3, Inc. has qualified for an nnpact fcc waixcr ba>cd upon 2 the following representations rnade by Habitat l'br Humaniu' of Collier CounLv. Inc.: 3 A. The Dwelling Unit shall be sold to a firsl-time home buyer. 4 B. The Dwelling Unil shall be sold to a household with a very low income level as lhat term is defined m 5 the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit 6 must be within the aflbrdable housing guidelines established in the Appendices to the respecux e 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 ce~-tiflcate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COL~'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of Count3' Commissioners hereby authorizes the Count,,, Administrator to ~ssue an Authorization lbr waiver of impact fees to Habitat for Humanity of Collier Count)', Inc. lbr one (1) house which shall be constructed on Lot 20, Block 7 Naples Manor Extension, Collier County. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an a~eement 1bt wa~xer of impact fees signed by Habitat for Humanib' of Collier Counu', Inc.. and/or the purchaser, or other documentation acceptable to the County Attorney. the Board of CounU' Commissioners hereby authorizes the payment by Collier County of the following impact lees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 20. Block 7 Naples Manor Extension by Habitat for HumaniU' of Collier County. Inc.: A. Librau' hnpact Fee S 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee S1.575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The pa)'ment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner an&or purchaser and the Count.,,'. gab 0 8 2000 4 5 6 7 8 9 10 11 This Resolution adopted after monon, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk 12 13 14 15 Approved as to form and 16 legal sufficiency: 17 20 Heidi F. Ashton 21 Assistant Count Attorney 22 23 24 j4:g.,~aples Manor Extension'reso 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 58 59 6O 61 62 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By TIMOTHY J. CONSTANTINT. CHAIRMAN AGF..N~A ITEM fEB 0 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 EXHIBIT "A" LEGAL DESCRIPTION LOT 20 OF BLOCK 7, NAPLES MANOR EXTENSION. ACCORDING 3-'0 THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3. AT PAGE 101, OF THE PLFBLIC RECORDS OF COLLIER COL~rTY FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES~/' / This Agreement for the Waiver of Impact Fees entered into this _ day of 2000, by a~ bet~veen 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." WITNESSETH: 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 rnay be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 2000 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- at its regular meeting of ,2000; 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; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and ovces impact fees in the total amount of $7,140.34 - 2 - pursuant to the Intact~F~ 1 FEB08 OOO 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. The xvaived 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 xvith the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 I A C_~A ITEId .. 'EB 08 2000 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 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 rnay bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Name ~int Name, OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC./-' ~ Samuel J. Durso, M.D., Presider STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was ac 'knowledged before me this ..~O day of January 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally ~own to me. [NO*~ SEAL] :~ature ofmerso~ raking Ac~ledment ~ JOANNE DALBEY Name of Ac~owledger Typed, Prated or ~,~ ~,~ So,~ s~,~= a ~c.. o 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: TIMOTHY J. CONSTANTINE, CHAIRMAN jd~g/naples manor exv'agree 2000 EXHIBIT "A" LEGAL DESCRIPTION LOT 20, BLOCK 7, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~GENID~ ITF_M FEB 0 ~ 2000 / \ / \ .,/ AJO EXECUTIVE S~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CORAL FALLS RESORT" OBJECTIVE: To approve for recording the final plat of Coral Falls Resort, a subdivision of lands located in Section 28, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "C~r~! Falls Resort" This document is in compliance with the Couxil Laxi Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associaned wizh this plat. Engineering Review Section recommends that the final plat of "Coral Falls Resort" be approved for recording. FISCAL IMPACT: The i'~un!v wi-- realize revenues as follows: Fund: -iRi?-'_211lly Devel ~ opm~:~ Fund 113 Agency: Co-anl-' }{anager Cost Cen2er: !38~00 Deve!opmenz Services Revenue genesa[ed by 2his project: To2al: $450.00 Pla2 Review Fees GROWTH MANAGEMENT IMPACT: The ~?'r~'~-~-ono'~..__:, ........ ,~, Waiver and Release relating to conditional approval has bee~. ~-'ewed and approved by the County Attorney's Office for the pro]ec~. FEE) 0 8 2000 Executive Summary ~goral Falls Resort age 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Coral Falls Resort" with the following stipulations: 1. Authorize the recording of the Final Plat of "Coral Falls Resort." PREPARED BY: Jc.!-~r_ 7.. Hou!dsworth, Senior Engineer mn~i~eermn~ Review Date REVIEWED BY: Thomas E. Kuck, P.E. ~--r~ineerinc~ Review Manager R~Perl ,Mulkere, AiCP Pianxt~uc 5er~'~ res Departm_n~ Director APPROVED ~Y: Vincent A. Cautero, A!CP Administrator ?smmunity Dev. and Environmental Svcs. Date Date Date FEI 0 8 2000 7ORDS. LYING IN SECTION .34. TOWNSHIP 50 S OUTH., Z$ LOCATION M~ FEB 0 8 2000 NOT TO SCALE ~.., ~ ..... EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "STRAND REPLAT 4A" OBJECTIVE: To approve for recording the final plat of Strand Replat 4A, a subdivision of lands located in Section 18, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Strand Replat 4A" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Strand Replat 4A" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of .-~"Strand Replat 4A" with the following stipulations: 1. Authorize the recording of the Final Plat of "Strand Re' 4A." plat AC~.NOA 0 8 2000 Pi,. / Executive Summary Strand Replat 4A Page 2 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date ~obe~t Mulhere, AIC~-' Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Date Date ^C, ENDA",TEM FEB 0 8 2000 ~/~////~///,~ t ~/~//~ LIVINGSTON ROAD-E/W SITE ~D IMMOKALEE ROAD CENTER . \ WILLOUGHB' GARDENS IMMO STILES BOOK VICINITY MAP NOT TO BRENTWOOD PUD MOCAKE SCALE FEB EXECUTIVE SUMMARY AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR ONE VERY LOW INCOME SINGLE FAMILY HOUSE TO BE BUILT IN THE SEMINOLE SUBDIVISION IN IMMOKALEE, COLLIER COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services Impact Fees, and Educational Facility System hnpact Fees. The impact fees are for the following facilities: one house to be built by Habitat for Humanity of Collier County, Inc. with funds to be paid from the Affordable Housing Trust Fund. CONSIDERATIONS: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchaser of one house to be built in the Seminole Subdivision in hnmokalee, Collier County, that will sell to a very low income family for approximately $52,500. The home will be built on the following described property. Lot 25, Block B, Seminole Subdivision, Plat Book 1, Page 31 Habitat for Humanity of Collier County, Inc. has certified that the applicant will meet the requirements under the Impact Fee Waiver Ordinances as a very low income, first time home buyer to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund. The total amount of impact fees requested to be waived is $4,290.34. Impact fee charges for one house in Immokalee, Collier County, would be itemized as follow, s: Unit a) Correctional Facilities Impact Fee $ 117.98 b) Library System Impact Fee 180.52 c) Road Impact Fee 1,379.00 d) Parks Impact Fees 820.84 e) Emergency Services Impact Fee 14.00 D School Impact Fee 1,778.00 TOTAL IMPACT FEES $4,290.34 FEB 0 8 200D ! Executive Summary Habitat for Humanity of Collier County, Inc. Page Two GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief to the buyer of housing for very low' income family in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The board of County Commissioners approve the Resolution and Agreement authorizing the waiver of impact fees for one house to be built in the Seminole Subdivision in Immokalee, Collier County, by Habitat for Humanity of Collier County, Inc. for a very low income buyer and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. jd/1/27/00 PREPARED BY: Joanne Dalbey, Planner'II Housing and Urban hnprovement Date REVIEWED BY: 15reg Mil~licQ Director Date Housingand Urban hnprovement ~PRO~~Y: V~CENT A. CAUTERO, AICP, ~MINIST~TOR Date COMM~ITY DEVELOPMENT A~ E~IRO~ENTAL SERVICES id/g/habitat AGENI~, ~T~I~ / FEB 0 8 ~000 Pg., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. 2000- RESOLUTION OF THE BOAP, D OF COI_rNTY COMMISSIONERS. COLLIER COLrNTY, FLORIDA, AUTHORIZING WAIVER OF LIBP,.iaRY SYSTEM IMPACT FEES, PARKS ANT) 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 CONSTRUCTED BY H.~BITAT FOR HUMANITY OF COLLIER COUNT"/', INC.. ON LOT 25, BLOCK B IN SEMINOLE SLrBDIVISION, IMMOKALEE. 16 WHEREAS, Collier Count`:, has recognized and attempted to address the lack of adequate and affordable 17 housing for moderate, low, and very-low income households in the Count, and the need for creative and 18 innovative programs to assist in the provision of such housing by including several provisions m the Collier 19 Count3, 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 2.12, 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: 24 and 25 WHEREAS, ~n accordance w~th Collier Count`:>' Ordinance No. 93-19, the Count`:, is authorized to us*' 26 funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier Count>' tmpa 27 fees; and 28 WHEREAS, Habitat for Humanit>, of Collier Counp,,,, Inc. is seeking a waiver of impact fees; and 29 WHEREAS, Habitat for Humanity of Collier Count`:'. Inc. will construct one (1) three-bedroom um~ (the 30 "Dwelling Unit") on Lot 25. Block B, Seminole Subdivision in Immokalee which ~s proposed to sell for 31 Fifty-Two Thousand Five Hundred Dollars ($52,500.00); and 32 WHEREAS, the Dwelling Unit will be purchased by a ve%' low income household which is required to 33 invest a minimum of five hundred (500) hours of "Sweat Equits," before ~t obtains title to the house: and 34 WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanit>, of Collier CountY. Inc.. 35 submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 36 3, 1999 for a waiver of impact fees for the construction of a house on Lot 25. 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, Ordinance 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, Ordinance No. 91-71, as amended; Section 3.05 42 of the Educational Facilities System Impact Fee Ordinance. Ordinance No. 92-33, and Section 304 of th 43 Correctional Facilities Impact Fee Ordinance. Ordinance No. 99-52, an applicant may obt 44 fees by quali~,ing for a waiver: and AGEND~ ITEM !in a w#bx.'er oI FEB 0 8 21100 WHEREAS, Habitat for Humanity of Co}Iier Counb'. Inc. has qualified for an impacl fee waiver based 2 upon the following representations made by Habitat for HumaniU- of Collier County. inc.: 3 A. The Dwelling Unit shall be sold to a flrst-/mqc home buyer. 4 B. The Dwelling Unit shall be sold to a household wi'th a very low income level as that term is 5 defined in the Appendices Io the respective Impacl Fee Ordinances and tine monthly payment to 6 purchase the unit must be w/thin the affordable housing guidelines established m the Appendices 7 to the respective Impact 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 BO,~q.D OF COUNTY COMMISSIONERS OF 12 COLLIER COUNTY, FLORIDA, that: 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 The Board of Count)-' Commissioners hereby authorizes the Count5.' Administrator to ~ssuc an Authorization for waiver of impact fees to Habitat for Humanit5' of Collier Count5.,. Inc. for one (1) house xvhich shah be constructed on Lot 25, Block B, Seminole Subdivision in hnmokalee. Collier Count5,, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of ~mpact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the Count3.' Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees £rom the Affordable Housing Trust Fund, Fund ( 191 ), in the following amounts for the one ( 1 ) house to be built on Lot 25, Block B, Seminole Sub&vision in Immokalee by Habital for }tumanity of Collier Counb5 Inc.: A. Library Impact Fee B. Road Impact Fee 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 1.379.00 820.84 14.00 1,778.00 117.98 $4,290.34 The payment of impact fees by Collier Count),.' is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the propert5' owner andor purchaser and the County,. AGENDA ~TEM.~ V£13 0 8 2000 This Resolulion adopted alier motion, second and majorits,' vote favoring same. 3 4 DATED: 5 6 ATTEST: 7 DWIGHT E. BROCK.. Clerk 8 9 10 11 12 13 14 Approved as to form and 15 legal sufficiency: 16 19 Heidi F. Ashton 20 Assistant Count5., Attorney 21 22 23 .id'g 'seminole:reso 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 BOARD OF COUNTY COMMISSIONERS COLLIER COL ~'iTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN FEB 0 8 2000 6 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 EXHIBIT "A" LEGAL DESCRIPTION LOT 25, 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 COL .WTY FLOR/DA. FEB 0 8 2000 I ! I l I '-.> z:i. -t FEB 0 8 2000 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 2000, 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." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road h-npact 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 owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- at its regular meeting of N~G~~~ 2000; a ~d FE~ 0 tJ 2000 WHEREAS, the Impact Fee Ordinance requires that the OV~'SNER 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 xvith 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. following: REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the 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 Dxvelling Unit shall be sold to a first-time home buyer; The Dxvelling 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 $4,290.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OVv~4£~ENa- ~ Ox,¥~'NER covenants and agrees to cmnply with the affordable housing ~ FEB 082000 - 2 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1 where OWNER fails to sell the Dwelling Unit in accordance with the aftbrdable housing qualification criteria established in the Impact Fee Ordinance and thereafter fails lJo pay the FEB 0 8 2000 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 otherxvise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OV~NERS: HABITAT FOR HUMANITY OF COLLIE~, z: ~ Samuel J. Durso, ~vI.D., President - 4 FEB 0 8 2000 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this ~c~ day o.(. ['(J~a.~z, ay.,w_.> 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Count~nc. He is l~sonally known to me. ") "-i/~a' r o"Pe s [NOTARIAL SEAL] ~-~ rue ~ ~ JOANNE DALBEY ' -~ - NOTARY Fla Not~ Se~ices & ~nding Co Name of Ac~owledger Ty~d, Pnnted or St~~ ~' a ~,a,,, co DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency Hei~li F.-.~.sl~ton Assistant County Attorney id/G/seminole/agree - S EXHIBIT "A" LEGAL DESCRIPTION LOT 25, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO TIlE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - ~&O' FEB O 8 2000 EXECUTIVE SUMMARY AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR TWO VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR, COLLIER COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services Impact Fees, Collier County Regional Water and/or Sewer Impact Fees, and Educational Facility System Impact Fees. The impact fees are for the following facilities: two houses to be built by Habitat for Humanity of Collier County, Inc. with impact fees to be paid from the Affordable Housing Trust Fund. '' N CONSIDERATIO: S: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of two houses to be built in Naples Manor, Collier County, that will sell to very low income families for approximately $52,500 each. The homes will be built on the following described properties. Lot 2, Block 7, Naples Manor Annex, Plat Book 1 at Page 110 Lot 3. Block 9, Naples Manor Addition, Plat Book 3 at Pages 67 and 68 Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the requirements trader the Impac! Fee Waiver Ordinances as very low income, first time home buyers to quali~ 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 $14,280.68. Impact fee charges for the two houses in Naples Manor, Collier County, would be itemized as follows: Unit 2 Houses a) Correctional Facilities Impac! Fee $ 117.98 $ 235.96 b) Library System Impact Fee 180.52 361.04 c) Road Impact Fee 1,379.00 2,758.00 d) Parks Impac! Fees 820.84 1,641.68 e) Emergency Services Impact Fcc 14.00 28.00 f) Water Impact Fcc. 1.275.00 2550.00 g) Sewer hnpacl Fee 1.5'5.0{~ 3,150.00 h) School Impact Fee 1,778.00 3,556.00 TOTAL IMPACT FEES $7,140.34 $14,280.68 FEB 0 8 2000 Executive Summary Habitat for Humanity of Collier County, Inc. Page Two GROWTH MANAGEMENT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very Iow income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for two 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. .idt 27'00 PREPARED BY' · _~J~arme Dalbey, Planner I1 ,' Housing and Urban hnprovement Dhte REVIEWED BY: (Src~ Miha~ic. Director Hot~sing and [)'ban hnprovement /'-2.7 Date APPRO~k,D BY: VINCENT A. CAL'TERO, AICP. ADMINISTI~&TOR Date COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES .id'grhabitat FEB 0 8 2000 4 5 6 7 8 9 10 11 12 13 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 COUNTY, INC., ON LOT 3, BLOCK 9, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. 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 pro~qsions in the Collier Count>, 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: ob)ective 2.1. polio) 2~1.1. pol~c5 2.1.2. pohcy 2.1.3, policy 2.1.5, and 19 policy 2.1.6 of the Housing Element: and 20 \VHEREAS. Collier Counu' has recmved funding pursuant to the State Housing Initiatives Parmership Program 21 set forth m Section 420.907 et. sRq., Florida Statutes and Chapter 9I-37, Florida Administrative Code; and 22 WHEREAS. in accordance with Colher Count>' 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 ~q-IEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees: and 25 WEIEREAS, Habitat for Humanity of Collier Count5', Inc. will construct one ~1) three-bedroom unit (me 26 "Dwelling Unit") on Lot 3. Block 9, Naples Manor Addition which is proposed to sell for Fif~'-Two Thousand Five "' H,andred Dollars (S52.500.00): and 25 V, ltEREAS, the Dwelling Unit will be purchased by a xeD low income household which ~s required to invest a 20 m::~:mum of five h~mdred i5(}0) hours of "Sweat Equity" before it obtains title to the house: and 30 WHEREAS. Samuel J Durso, M.I).. Pres~dem of Habnat for Humanity of Collier Count>', Inc., submitted to 3I the Office of Housing ar, d ['ri, an Improvement an Aftbrdable Housing Application dated December 3, 1999 for a 32 waiver of impact fees for the construction of a house on Lot 3, Block 9 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 grater and/or Sewer Systems Impact Fee 35 Ordinance. Ordinance No. 98-69; Section 3.04 of the LibraD System Impact Fee Ordinance, Ordinance No. 88-97, as 36 amended: Section 405 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, Section 37 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical 38 Services Sx stem Impac~ Fee Or&nance, Ordinance No. 91-71. as amended; Section 3.05 of the Educational Facilities 3~1 5,, ~:z~:t lmpac' Fcc ()rdmance. Ordinance No. 92-33. as amended: Section 3.04 of the Correctional Facilities Impace -: , ~ ~ ~ ~:.,!:::a:.,~. l ,q d.::-~:;~,, N~ v9-52, a:: app!ica::: :: ~:'~ ob~a~- a ~a~ver ofm~pact tees by quali~,ing for a waiver: a FEB 0 8 gO00 1 16 17 18 19 20 21 23 24 26 27 28 29 31 32 30 WHEREAS, Habitat for Humanity of Collier Count3,, lnc. has qualified for an impact fee waiver based upon 2 the following representations made by Habitat for Humanity of Collier Count5', 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 the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit 6 must be wilhin the affordable 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 I. The Board of Count3' Commissioners hereb3 authorizes lhe Count), Administrator to issue an I4 Au!horization ~br waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) 15 house which shall be constructed on Lot 3, Block 9 Naples Manor Addition, Collier Count),. Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement lbr 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 Count>., Commissioners hereby authorizes the payment by Collier Count)' 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 on Lot 3, Block 9 Naples Manor Addition by ttabitat for HumamU' of Collier Coun'~x. h-~c.. A. L:bra?T Impact Fee S 180.52 B Road Impact Fee 1.3'9.00 C. Park~ lmpac~ Fee: 820.84 D. FMS hnpact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impacl Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the properly owner and/or purchaser and fl~z ('ount.x FEB 0 8 2000 This Resolution adopted after motion, second and majority vote favoring same. 4 5 DATED: 6 7 ATTEST: 8 DWIGHT E. BROCK. Clerk 9 10 11 12 13 14 15 Approved as to form and 16 legal sufficiency: 17 20 H'~d[~:[ ,~shton ' -- 21 Assistant Counts' Attorney 23 24 jd g Naples Manor Addition ~eso 25 26 27 28 29 30 31 32 33 34 35 3(, 4] 42 43 44 45 46 47 48 49 5(~ 51 52 53 54 55 55 62 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY J. CONSTANTINE, CHAIRMAN AGEND~ITF~h, 7.000 O""., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 EXHIBIT "A" LEGAL DESCRIPTION LOT 3 OF BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED 1N PLAT BOOK 3, AT PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2000 Fl APLE S MA NOI~ NOTE: ALL CORNER LOT DISTANCES SCA! ARE TO CORPWER INTERSECTIONS. ALL RADtl 25 FEET ON CORNERS FEB 0 8 2000 AGREEMENT FOR V~AIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 2000, 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." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water an~or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier Count>' Ordinance No. 99-39, the ('ollier 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 Ibr waivers of' impact fees for new owner-occupied dwelling unit qualifying as affordable housing; 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 hnprovement; and \VHEREAS. 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 lees subjcc! t,, s~tishtctic)n of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- at its regular meeting of ,2000; 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. Ox3,~ER 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. 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 O\VNER is the owner of record of tho Dwelling Unit and ox~ fees in the total amount of 57,140.34 pursuant to the It - 2 - npact Fee FEB 0 8 ~000 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 rneeting 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. - L1EN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to. a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. l(i. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER i:~ thz. Ol'ficial Records of Collier County, Florida, within fifteen (15) days after execution of' this .-Xgrccr'~ ~cnt by the Chaimmn of the Board of County Commissioners. - 3 - FEB 0 8 000 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 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 civiI 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 COL.~TY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR I~UMANIT. X OF COLLIER Y - ~- .db ~o.._1...~)! Sanmel J. 12~so, M.D., Pres~ nt I FEB 082000 - 4 - STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Samuel J. Durso, M.D. President of Habitat for Humanity of Collier Coun~c. He i~rsonally ~own to me. [NOT,AL SEAL] ~ature o f Person Taking Ac~wledgmenl ;~; Name of Ac~owledger T~e~rinted or St~ DATED' ATTES-[' DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Hddi F. Ashton A_ssistant County Attorney By: TIMOTHY J. CONSTANTINE, CHAIRMAN .id c naples man,? addn/agree - 5 EXHIBIT "A" LEGAL DESCRIPTION LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NAPi ES MA NOI~ NOTE: ALL CORNER LOT DI-~'TANCES SCA ARE TO CORNER INTERSECTIONS, ALL RADII 25 FEET ON CORNERS 4~ FEB 0 8 2000 APPROVAL OF A BUDGET AMENDMENT TO APPROPRIATE CARRY-FORWARD FUNDS TO PAY FOR PROFESSIONAL SERVICES IN THE DEVELOPMENT OF THE INTERIM GOVERNMENT SERVICES FEES ORDINANCE OBJECTIVE: To have the Board of County Commissioners approve a budget amendment for Fund 111 (Unincorporated Area-Wide General Fund), wherein Reserves would be reduced and a line item appropriation would be re-established to fund a professional services agreement. CONSIDERATIONS: On June 28, 1997, the Board of County Commissioners approved retaining Mr. Alan C. Watts of the law firm of Cobb, Cole and Bell to draft an Interim Government Services Fee Ordinance and to serve as lead counsel in the validation process of the fee ordinance. The Board approved funding for the development and validation of the Ordinance in the amount of $32,500 from the Unincorporated Area-Wide General fund. These funds were not spent in FY1997. The Board re-appropriated the funds in Fiscal 1998. Only $15,000 was charged against this appropriation in Fiscal 1999. The Purchase Order was inadvertently closed before the final payments of $5,600 for legal fees and $2,400 for expert witness fees were paid. The Board's budget policy and the financial process requires the funds to be reappropriated in FY2000. This budget amendment will reduce reserves and establish the appropriation in the FY2000 budget. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Approval of the budget amendment will reduce the Reserve for Contingencies in the Unincorporated Area-Wide General Fund by $8,000 and establish a line item appropriation in that fund of $8,000 to pay the balance due on the professional services contract and the expert witness fees. The affected budgets are identified below: Unincorporated Area-Wide General Fund - Fund 111 Reduce: Reserves for Contingencies Increase: Other Contractual Services ($8,OOO) $8,OOO Approved by: RECOMMENDATION: contract previously approved by the Board. Prepared by. J~n'n A. Yonkos~, Director _~."~ Staff recommends approval of the budget amendment to fund the Date: Date: JAY:pc Vince Cautero. Administrator Community Development and Environmental Services AG E NJ~j~_ IT~JI~ ~ No, ~ FEB 0 8 Z00O EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "FIDDLER'S CREEK PHASE 2A, UNIT 2", 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 "Fiddler's Creek Phase 2A, Unit 2", a subdivision of lands located in Section 14, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engar~ee~:r:g Review Section has completed the review of the cons~rucuion drawings, specifications, and final plat of "Fiddler's Creek Phase 2A, Unit 2" 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 rna f2. un~y Land Development Code - Division 3.2.9. Exg L_~-:eer ins R ..... w Section recommends that the final plat "F~idier's Creek Phase 2A, Uni~ 2" be approved for recording. of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $364,589.15 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $143,250.00 b) Drainage, Paving, Grading $221,339.15 The Security amount, equal to 110% of the project cost, is $401,048.07 AGENDA FEB 0 8 2000 Executive Summary Fiddler's Creek Phase 2A, Unit 2 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: $7,079.03 Fees are based on a construction estimate of $364,589.15and were paid in October, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $9./ac)- $ 451.26 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 716.25 Drainage, Paving, Grading (.42% const, est.)- $ 940.70 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $2148.75 Drainage, - $2822.07 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's C. ffice for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Fiddler's Creek Phase 2A, Unit 2" for recording with the following snipu!ations: Approve the amount of $401,048.07 as performance security for the required improvements. Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until th~ required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is appr©ved and accepted by the Planning Services Director and the County Attorney's office. FEB 0 8 ?000 Executive Summary Fiddler's Creek Phase 2A, Unit 2 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Rckerl .... - ~r~ AICP Pianntr. s Services Department Director APPROVED'BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date AGE I FEB 0 8 2000 Pg. ~ MARCD ISLAND LOCATION JEC' MAP )R''-~ AGEE'S CONSENT 'FEZ OF' NEW YORK ) )s.s. N T'¢ OF NEW YORK ) -- AGEN I .o. FEB 0 8 2000 THE UNDERSIGNED HEREBY CERDFIES THAT TOMEN AMERICA INC., THE OWNER AND EXECUTIVE SUMMARY APPROVE A TEMPORARY STREET CLOSURE ON BLUEBILL AVENUE FOR THE CUB SCOUT "CUBMOBILE" DERBY. OBJECTIVE: To gain approval for the temporary closure of Bluebill Avenue for one day to. facilitate the Naples Cub Scouts "Cubmobile" Derby. CONSIDERATIONS: For the past several years, the Naples Cub Scouts have been using the Bluebill Avenue Bridge as a ramp for the Cubmobile Derby. Typically, Bluebill Avenue from Vanderbi]t Drive to Gulfshore Drive is closed from earl)' morning to mid-afternoon to facilitate this event. The cxcnt t~rganizers will secure a right-of-way permit detailing traffic control, emergency services considerations and parking and crowd control issues. The Cub Scouts are requesting that Bluebill Avenue be closed from 7:30 AM until 5:00 PM on Saturday', March 18, 2000. FISCAL IMPACT: None. All costs for the event will be borne by the sponsoring organization. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the temporary closure of Bluebill Avenue as stated above, subject to the issuance of a right-of-way use permit. PREPARED B~ , / / ~.: ; ')~ 5 Edx~'ard J. Kantfi:'~{~sportation Services Director REVIE~5 ED B ( Ed,,'~u~ N. finn. Interim PuBiic Xk orks Administrator DATE:/- 2~ ~z:~ DATE:/~ EXECUTIVE SUMMARY APPROVE AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENTS TO UPDATE OUR WATER AND WASTEWATER MASTER PLANS, PROJECTS 70005 AND 73036 OBJECTIVE: That the Board of County Commissioners. as Ex-Officio the Governing Board of the Collier County Water-Sewer District, address infrastructure needed to support growth patterns along the new Livingston Road corridor which were not considered as part of the current water and wastewater master plans. CONSIDERATION: Our current water and wastewater master plans identify infrastructure needed to meet growth anticipated through 2006. Under separate and independent contracts. Camp Dresser and McKee, Inc., (CDM) updated our water and wastewater master plans which were adopted by the Board on October 22, 1996. item 8(B)(I). and July 22. 1997. items 12(C)(4) and 12(C)(5), respectively. Later, on September 8. 1998. item 8(B)(1). the Board adopted revisions to the water and wastewater master plans to reflect proposed gro;;ah in the portion of a new Livingston Road north of hnmokalee Road. When the master plans were prepared, the timing to construct a new Livingston Road corridor between Davis Boulevard and hnmokalee Road was uncertain. It was assumed that the Livingston Road corridor would be constructed beyond the 10-year planning horizon. Since then, the schedule to construct Livingston Road has been accelerated and will occur within the 10-year planning horizon of the current master plans. In addition, development plans along Livingston Road north of hnmokalee Road have become better defined. Individuals interested in developing land along the new Livingston Road corridor have inquired about the availability of water and wastewater infrastructure. In response, staff proposes to update our current water and wastewater master plans to reflect growth anticipated along the new Livingston Road corridor. The proposed scope of work includes revisiting the water and wastewater infrastructure needs along Livingston Road north of Immokatee Road, and also, evaluating the feasibility of extending water service to areas of estate-sized lots within the water service area. Staff negotiated a scope of work and fees for two separate amendments to our Professional Services Agreements with CDM. Fees for the proposed amendments are as follows: Water Master Wastewater Master Plan Update Plan Update Original $257,700 $272,600 Previous Amendments $ 0 $ 98,960 Proposed Amendment $ 66,750 $ 45,050 Proposed Total $324,450 $416,610 Executive Summary Approve Amendments for Water and Wastewater Master Plan Updates Page 2 Additional fees in the amount of ten percent of the proposed amendments are needed for Public Works Engineering staff. A copy of two proposed amendments to our professional service agreements with CDM is attached. FISCAL IMPACT: This project is not funded in Fiscal Year 00. Budget amendments are needed to transfer funds in the amounts of $73,425 from Water Capital Reserves and $49,555 from Wastewater Capital Reserves. Source of funds is impact fees. GROWTH MANAGEMENT IMPACT: Growth projections in the vicinity of the new Livingston Road corridor will be revisited. Changes to the current capital improvement program will be identified. A revised capital improvement program will developed and become the basis for funding projects with impact fees. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve amendments to professional services agreements related to updating our water and wastewater master plans, authorize the Public Works Engineering Director to execute the amendments, and approve the necessary budget amendments. SUBMITTED BY: ' '~ .e_ _ ~ Date: Karl W. Boyer, P.E., PWED Senior Project Manager Jc~eph B. Cheatham, Wastewater Director REVIEWED BY: * x ; ' ~ Paul Mattausch, Water Director Date: REVIEWED BX~:~-,- '-. _t . . 'i. Date: ~' .-~'~ff Bibby, P.E., Public Works Engineedng Director ~PROVED BY ~d~d N. Fi~Intefim Public Works Administrator WATER MASTER PLAN UPDATE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement dated July 18, 1995 (hereinafter "AGREEMENT") is made and entered into this __day of ,2000, 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 Camp Dresser & McKee, Inc., a Massachusetts, 8140 College Parkway, Suite 202, Ft. Myers, FL 33919 (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 Water Master Plan Update (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 A to said AGREEMENT which is attached hereto and made a part hereof. -1- ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the water Master Plan Update 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- SE\VER DISTRICT. By: Clerk By: Approved as to form and Legal sufficiency: Assistant County Attorney"~ Witness Witness CAMP DRESSER & McKEE, INC. By: ~~E. Associate -2- SCHEDULE A TO AGREEMENT BETWEEN COLLIER COUNTY AND CONSULTANT FOR STUDY AND REPORT PROFESSIONAL SERVICES SCOPE OF SERVICES FOR SERVICE AREA UPDATE (WATER UPDATE) This is an exhibit attached to and made a part of the Agreement dated 19 ., between Collier County, Florida (OWNER) and Camp Dresser & McKee Inc. (CONSULTANT) for study and report professional services. The Basic Services of CONSULTANT as described in Section 1 of said Agreement are amended and supplemented as follows: For updates to the Service Area (water) for Collier County, the CONSULTANT shall complete the following task series: TASK SERIES 100 Task 101 - INVENTORY REVIEW AND ANALYSIS OF EXISTING DATA 101.1 TGWNB. 1 The CONSULTANT will plan and attend a project kick-off meeting and workshop with the OWNER's staff. The objective of this workshop is to identify, in conjunction with the OWNER, specific areas of the system that have changed Page A-1 since the master plans were completed and for the OWNER to identify areas of the transmission system that have been modified. 101.2 CONSULTANT will update the major components listed in the Water Master Plan Update, October 1996 based on projects completed, planned or on-going. Major component update will be based on information provided by the OWNER to the CONSULTANT at the project kick-off meeting. Task 102 - REVIEW AND SUMMARIZE EXISTING AND PROJECTED LAND USE AND POPULATION INFORMATION 102.1 The CONSULTANT will delineate the study area boundaries for the project. The study areas for the Water Master Plan Update will include the following geographic areas or developments. Co The area southwest of Pine Ridge Road and 1-75 and in the area of Whippoorwill Road. North and South Livingston Road corridor, including the east-west water system alignment in the north Livingston area. Infill and estate areas within CCWSD. 102.2 The CONSULTANT will review and update a map using computer-aided drafting (AutoCAD) showing the existing and projected land use and population projections with the defined study area boundaries established in Subtask 102.1 using the County land use maps furnished by the Collier County Planning Department and in coordination with the County Growth Management Plan. The work on this subtask assumes that the OWNER furnishes the CONSULTANT County maps on AutoCAD disk. TGWNB. 1 Page A-2 102.3 The CONSULTANT will allocate future population (years 2005 and 2010) to the study areas based on projections by the projected land use plan and in coordination with the Collier County Planning Department and the Urban Area Buildout Study. The OWNER will make available appropriate Planning Department personnel and resources to provide available data for necessary definition of the project area. The CONSULTANT will also review Planned Unit Developments (PU-Ds). 102.4 CONSULTANT will update water demands, interconnect and hydraulic requirements for the proposed interconnect between the water transmission system and the reuse system. Task 103 - UPDATE THE WATER DISTRIBUTION SYSTEM HYDRAULIC COMPUTER MODEL 103.1 The CONSULTANT will update the hydraulic distribution model developed for the Water Master Plan Update, 1996 to incorporate major new transmission system mains. Transmission mains are considered to be water mains greater than 12 inches in diameter. Water transmission mains 12 inches or less will be included, as necessary, to complete the transmission system hydraulic model and will be evaluated on a case by case basis. 103.2 CONSULTANT will determine water demands, interconnect and hydraulic requirements for the proposed interconnect between the water transmission system and the reuse system. 103.3 TG~NB. 1 The CONSULTANT will revise the existing water system hydraulic model based on the new service areas. Average, maximum-day, minimum-day, and peak hour model runs will be performed for 2005 and 2010 to determine required transmission main improvements to provide water supply to the new service areas. For all areas except the new service areas identified in 102.1, water demands and Page A-3 service areas will be updated using global demand factors. Water demands will be based on the service requirements established in the Water Master Plan and fire flow requirements established in county ordinances. 103.4 The CONSULTANT will conduct fire flow hydraulic model simulations based on the County new fire flow standards. Fire flow model runs will be conducted for typical residential, commercial and industrial fire demand scenarios developed per County standards. The CONSULTANT will develop operating criteria for the fire flow' simulations and submit for OWNER's approval prior to conducting the hydraulic simulations. The CONSULTANT will conduct 6 model runs for each fire demand scenario. A maximum of eighteen (18) fire flow simulations will be simulated. Each series of model runs will include four (4) single fire occurrence and two (2) dual fire demand occurrence. Fire demands will be simulated during average and maximum day system demands. The CONSULTANT will provide County with a list of recommended fire flow model simulations for approval. 103.5 The CONSULTANT will prepare a Technical Memorandum presenting the results of the hydraulic modeling and fire flow simulations. The technical memorandum will present the results of the hydraulic simulations, needed transmission system improvements and flows scenarios used in each hydraulic simulation. Task 104- PROVIDE RECOMMENDATIONS FOR IMPROVEMENTS TO EXISTING WATER SYSTEM 104.1 TGWNB.1 Based on the results of the evaluations detailed in Tasks 101,102 and 103 the CONSULTANT will make recommendations for water system improvements required to meet projected water demands, regulatory requirements, address system inadequacies, and provide for a phased system expansion during the period 2000 to 2010. The CONSULTANT shall provide a planning level budgetary Page A-4 estimate for each project. 104.1 The CONSULTANT will review options for providing water service to estate and in-fill areas within Collier County Water-Sewer District boundaries. The review will include developing preliminary facility requirements, design and maintenance criteria and preliminary estimate of construction costs. The CONSULTANT will review county policy governing the extension of water service to these areas and recommend updates to this policy. Task 105 - PREPARE REPORT 105.l The CONSULTANT will documenting the work of Tasks 101 through 104 and provide 10 copies of a draft report for OWNER review and comment. After receiving the OWNER's comments a final report will be produced and submitted as the final deliverable. Additional color graphics and maps will be included as necessary. 105.2 The CONSULTANT will organize and attend three (3) progress meetings with the OWNER for the duration of the project to review the status of the various aspects of the planning process and the work activities. The CONSULTANT will conduct one (1) Technical Review Committee meeting as part of CONSULTANT's Quality Management Program and respond to review comments. 105.3 TGi' ~'NB. 1 The CONSULTANT will prepare an Executive Summary of the Report that will provide a briefing document for the master plan results and recommendations in a concise format. The CONSULTANT will submit five (5) copies of the Draft Executive Summary to the OWNER for review. The CONSULTANT will address the OWNER's comments and make revisions. The CONSULTANT will prepare presentation materials, graphics, and handouts and present the Planning to Page A-5 the Collier County Board of County Commissioners. TGV~LNB 1 Page A-6 SCHEDULE B - ATTACHMENT A COLLIER COUNTY WATER SYSTEM SERVICE AREA UPDATE SCHEDULE OF FEES FOR BASIC SERVICES I TASK DESCRIPTION TOTAL COST 101.1 Kick-Off Meetin¢ 800 101.2 Update Maior System Components 2,500 SUBTOTAL TASK 101 3,300 102.1 Delineate Service Area 1,350 102.2 Prepare Land Use Map (AutoCAD) 1,500 102.3 Allocate Future Population and Level of Service 5,800 102.4 Determine Water Demands, Interconnect and Hydraulic Requirements 2,300 SUBTOTAL TASK 10; 10,950 103.1 Update Hydraulic Distribution Model 6,200 103.2 Review Benefits and Supply Requirements for Interconnect 2,200 103.3 Revise Existing Water System Hydraulic Model 11,800 103.4 Conduct Fire Flow Hydraulic Model Simulations 4,600 103.5 Prepare Technical Memorandum 1,100 SUBTOTAL TASK 103 25,900 104.1 Recommend Water System Improvements 3,600 104.2 Review of Options for Extending Water Service Area 12,800 SUBTOTAL TASK 104 16,400 105.1 Prepare Final Report 4,800 105.2 Monthly Progress Meetings and Technical Review Committee Meetings 2,200 105.3 Prepare Executive Summary and Present to BOCC 3,200 SUBTOTAL TASK 105 10,200 TOTAL BASIC SERVICES 66,750 /! WASTEWATER MASTER PLAN UPDATE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 4 to the Agreement dated February 20, 1996 (hereinafter "AGREEMENT") is made and entered into this day of ,2000, 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 Camp Dresser & McKee, Inc., a Massachusetts corporation, authorized to do business in the State of Florida whose business address is 8140 College Parkway, Suite 202, Ft. Myers, FL 33919 (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 Wastewater Master Plan Update (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 sen;ices 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 A to said AGREEMENT which is attached hereto and made a part hereof. -1- ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the Water Master Plan Update the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSION'ERS 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 Approved as to form and Legal sufficiency: Assistant County Attorn-e~---'~l Witness Witness CAMP DRESSER & McKEE, INC Thomas G. Walker, P.E. Associate -2- SCHEDULE A TO AGREEMENT BETWEEN COLLIER COUNTY AND CONSULTANT FOR STUDY AND REPORT PROFESSIONAL SERVICES SCOPE OF SERVICES FOR SERVICE AREA UPDATE (WASTEWATER SYSTEM) This is an exhibit attached to and made a part of the Agreement dated 1996, between Collier County, Florida (OWNER) and Camp Dresser & McKee Inc. (CONSULTANT) for study and report professional services. The Basic Services of CONSULTANT as described in Section 1 of said Agreement are amended and supplemented as follows: For updates to the Wastewater Facilities Plan (201 Plan), 1997 for Collier County, the CONSULTANT shall complete the following task series: TASK SERIES 200 Task 201 - INVENTORY REVIEW AND ANALYSIS OF EXISTING DATA 201.1 The CONSULTANT will plan and attend a project kick-off meeting and workshop with the OWNER'S staff. The objective of this workshop is to identify in conjunction with the OWNER, specific areas of the system that have changed TGWM B-MS.TGWCOLL.WWU2000 Page A-1 1,5- since the master plans were completed and for the OWNER to identify areas of the transmission system that have been modified. 201.2 At the CONSULTANT will update the major component listed in the Wastewater Master Plan Update, October 1996 based on projects completed, planned or on- going. Major components update will be based on information provided by the OWNER to the CONSULTANT at the project kick-off meeting. Task 202 - WASTEWATER FLOW PROJECTIONS 202.1 The CONSULTANT will delineate the study area boundaries for the project. The study areas for the service area update will include the following geographic areas or developments. The area southwest of Pine Ridge Road and 1-75 and in the area of Whippoorwill Road. North and South Livingston Road corridor, including the east-west water system alignment in the north Livingston area. 202.2 The CONSULTANT will review and update a map using computer-aided drafting (AutoCAD) showing the existing and projected land use and population projections with the defined study area boundaries established in Subtask 202.1 using the County land use maps furnished by the Collier County Planning Department and in coordination with the County Growth Management Plan. The work on this subtask assumes that the OWNER furnishes the CONSULTANT County maps on AutoCAD disk. 202.3 The CONSULTANT will allocate future population (years 2005 and 2010) to the areas identified in Task 202.1 based on projections by the projected land use plan TGV~ MB-MS.TGWCOkk.WW U2000 Page A-2 and in coordination with the Collier County Planning Department and the Urban Area Buildout Study. The OWNER will make available appropriate Planning Department personnel and resources to provide available data for necessary definition of the project area. 202.4 The CONSULTANT will allocate future population and level of service to develop future wastewater service requirements in the study areas defined in 201.1. Task 203 -UPDATE HYDRAULIC MODELING The OWNER's existing wastewater forcemain hydraulic model will be updated to include new pump stations and forcemains provided to the CONSULTANT by the OWNER at the initial kick-off meeting. Modeling data for the new improvements to be provided by the OWNER will include pipe diameter, length, new pump station location, number of pumps and pump curves. The CONSULTANT shall update the model and complete the following subtasks: 203.1 The CONSULTANT will disaggregate wastewater flows and assign flows to the wastewater transmission systems in the areas defined in Task 201.1. The CONSULTANT will use existing level of services and peaking factors established in the 201 Plan Update. Global flow adjustment factors will be used to adjust flow for all other nodes in the wastewater transmission system. 203.2 The CONSULTANT will revise the existing wastewater system hydraulic model based on the new wastewater service areas. High head and low head conditions will be simulated for 2005 and 2010. The CONSULTANT will analyze model results and make recommendations for improvements within the wastewater forcemain system based on the results of these simulations. 203.3 The CONSULTANT will provide the OWNER with an executable input data file TG WMB-MS. TGWCOLL. WWU2000 Page A-3 /7¸ of the forcemain system hydraulic model. The CONSULTANT will upgrade the one (1) KYPIPE model to include all recent enhancements and licenses. 203.4 The CONSULTANT will prepare a Technical Memorandum presenting the results of the hydraulic wastewater system hydraulic simulations. The technical memorandum will present the results of the hydraulic simulations, recommended system improvements and wastewater flows scenarios used in each hydraulic simulation. TASK 204 - CAPITAL IMPROVEMENT PROGRAM Based on the results of the evaluations detailed in Tasks 201,202 and 203, the CONSULTANT will make recommendations for wastewater system improvements required to collect and treat projected raw sewage flows, meet regulatory requirements, address system inadequacies, and provide for the phased system expansion during the period 2000 through 2010 in two increments. 204.1 The CONSULTANT will prepare a prioritized wastewater system Capital Improvement Program (CIP) list for sub-master pump stations, master pump stations and forcemain system improvements to provide for the phased expansion of wastewater services recommended based on the work of Task 203. 204.2 The CONSULTANT will develop planning level engineer's opinion of probable cost for construction of all recommended CIP projects. The opinions of probable cost will be based on recent bid tabulations in Collier County, equipment quotes, and CONSULTANT's data from similar projects. TASK 205 - PREPARE REPORT TGWMB-MS.TGWCOLL.WWU2000 Page A-4 Upon completion of Tasks 201 through 204 above, the CONSULTANT will prepare a report that to update and supplement the Wastewater Master Plan. The CONSULTANT will prepare the report in final draft form and submit five copies to the OWNER for review and comments. The OWNER will review and provide written comments to CONSULTANT in a timely manner. The CONSULTANT will address the OWNER's comments and make revisions to the report where appropriate. Upon completion, the CONSULTANT will submit ten (10) copies of the final report to the OWNER. The following subtasks are included. 205.1 The CONSULTANT will documenting the work of Tasks 201 through 204 and provide 10 copies of a draft report for OWNER review and comment. After receiving the OWNER's comments a final report will be produced and submitted as the final deliverable. Additional color graphics and maps will be included as necessary. 205.2 The CONSULTANT will organize and attend three (3) progress meetings with the OWNER for the duration of the project to review the status of the various aspects of the planning process and the work activities. The CONSULTANT will conduct one (1) Technical Review Committee meetings as part of CONSULTANT's Quality Management Program and respond to review comments. 205.3 The CONSULTANT will prepare an Executive Summary of Document, which will provide a briefing document for the planning results and recommendations in a concise format. The CONSULTANT will submit five (5) copies of the Draft Executive Summary to the OWNER for review. The CONSULTANT will address the OWNER's comments and make revisions. The CONSULTANT will prepare presentation materials, graphics, and handouts and present the Wastewater Master Plan to the Collier County Board of County Commissioners. TGWMB-MS.TGWCOLL.WWU2000 Page A-5 SCHEDULE B - ATTACHMENT A COLLIER COUNTY WASTEWATER SYSTEM SERVICE AREA UPDATE SCHEDULE OF FEES FOR BASIC SERVICES TASK DESCRIPTION TOTAL COST ($) 201.1 Kick-Off Meeting 800.00 201.2 Update Major System Components 2,500.00 SUBTOTAL TASK 201 3,300.00 202.1 Delineate Service Area 1,350.00 202.2 Prepare Land Use Map (AutoCAD) 1,500.00 202.3 Develop Future Wastewater Flows 6,800.00 202.4 Allocate Future Population and Level of Service 4,300.00 SUBTOTAL TASK 202 13,950.00 203.1 Disaggregate Wastewater Flows 2,300.00 L..203.2 Revise and Analyze Hydraulic Model 9,400.00 203.3 Provide Input Data File and Upgrade KYPIPE Model 1,600.00 203.4 Prepare Technical Memorandum 1,100.00 SUBTOTAL TASK 203 14,400.00 204.1 Prepare Prioritized CIP 1,600.00 204.2 Prepare Cost Estimates 2,200.00 SUBTOTAL TASK 204 3,800.00 205.1 Prepare Report from Tasks 201-206 4,200.00 205.2 Monthly Progress Meetings and Technical Review Committee Meetings 2,200.00 205.3 Prepare Executive Summary and Present to BOCC 3,200.00 SUBTOTAL TASK 205 9,600.00 TOTAL BASIC SERVICES 45,050.00 ~ IIIII II III1_ ~ IIIIIIII II IIIIII ~ ~ IIIIIIII II III1!1 ~ ~ 11111111 II It~11 ~ ~ IIIIIIII II I. III I I ~ ~ IIIIIIII I.IIIIIIII I :~ ~ IIIIIIII IIII I'1iIII ~ :.~ I1111111 IIII II III ~ ~ IIIIII III IIII III ~ ~' ' IIIIII ,,,-~ IIIIII III I I ~ ~ IIIII III III III I III I ~_ ~III II1_111 Illl II II IIII ~ ~IIIIIIIIIII IIII II II IIII ~ ~' IIIII III I IIII II I1 IIII ~- · - ._~ .~ ~ '~g~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO PROVIDE FOR REPAIRS TO THE AGRICULTURAL PLASTIC BURIAL CELLS AT IMMOKALEE LANDFILL. OBJECTIVE: To gain Board of County Commissioners approval of a budget amendment providing funds for repairs, sod and irrigation of the agricultural plastic burial cells at Immokalee Landfill. CONSIDERATION: By agreement with the Florida Department of Environmental Protection (FDEP), the County is obligated to maintain these three plastic burial cells. They were hydroseeded in September, but fall rains eroded two of the cells before the grass was established, and repairs are necessary. The sides and upper rims will be sodded then irrigated for two months, to insure this solution is permanent. The County has promised FDEP that these cells would be repaired as soon as possible. FISCAL IMPACT: Increase Immokalee Landfill operating funds in Fund 470 by $17,000 and decrease reserves in the same fund by the same amount. · $4,500 for PWED contract management (with contingency funds) · $2,500 for Inter-Dept. Svcs. for dirt-moving repairs to erosion. · $10,000 for sod for Cell C, plus irrigation for two months (with contingency fund if additional sod is needed for Cell B). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve this Budget Amendment as stated above. SUBMITTED BY: :'J ,,~ ~ X,;?"~, 1~ Z/, t.. Date: Jpt~nS:J3[e~'ehharn, Solid Waste Coordinator REVIEWED and ~ APPROVED BY: /,..~k j j~ // /' Date: ,~ Edwar/d'~. Fiim~, Int'"erim Public Works Administrato-~ EXECUTIVE SUMMARY REQL~ST FOR SPEED LEVIIT REDUCTION FROM FIFTY-FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON AIRPORT-PULLING ROAD (CR 31), TRADE CENTER WAY NORTHERLY TO PELICAN MARSH ELEMENTARY SCHOOL. A TOTAL DISTANCE OF APPROXIMATELY 2.2 MILES. OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction on a portion of Airport-Pulling Road (CR 31). CONSIDERATIONS: The section of Airport-Pulling Road from Trade Center Way to Pelican Marsh Elementary School is the last section of that roadway to have a 55 MPH speed limit. Recent development on both the east and west sides of Airport-Pulling Road through this roadway segment has increased traffic congestion in the area. Fm-ther, the traffic signals at Airport-Pulling Road and Vanderbilt Beach Road and at Orange Blossom Drive, respectively, both fall within the limits of the requested speed limit reduction. The Transportation Services Department has determined that a lower speed limit of 45 MPH is necessary' on Airport-Pulling Road at the aforementioned location. The speed reduction will assist in keeping traffic flowing smoothly while lessening the potential for crashes. A total of eight (8) new signs will be required to provide adequate notice of the new speed limit to motorists. FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is $800.00. Funds are available in Road and Bridge Fund 101. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the Resolution reducing the speed limit, authorize the Chairman to execute the Resolution, and authorize staff to erect the appropriate traffic control signs. SUBMITTED BY: ~--~c~¢ /~- Dale/,/~_5>~:, A. ,~ athon,~: PE APPROVED BY: :/ ~w~rd ~inn~ ,Attachment: Speed Reduction Area Map Traff~2~a~n s Manager ;;~/~J DATE: 4rr-ransportation Services Director ~?~lic Works Administrator DATE: 7-00 , ;OL_F C'[.L B , i uu~ ~ "~T~~N ~ ~ I J~ I ~'~ --~--~ :~ ~~__ I ~ ~Z-- '~ ~= : ~ ~l~ ;4~,'~~~~~~. ~ VAN D ERBILT BEACH : T ~ S RD ~ ,EXT a_ . ' ~ = ........ -:==~ ~ l~.%t- -- T 4° S - :' ~ -- LIMITS OF SPE(D REDUCTION ~'*~~' ~ '~'~'~'-~"=~*"~ ',-- *"~ ..... - '21111 ",, - - =' MIL~ WO~.~ LA: ROYAL POINCIANA _ ff DL I S~-BLE =!DGE L~ EOTTLEBRUS~ LA LWINGSTCN WCODS ~ PINE , ;HMENT ~,3. _ I _ OF 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 I~I~$OLUTION NC). A RESOLUTION AUTHORIZING SPEED LIMIT REDt;CTION FROM FlaY-FIVE MILES PER HOI:R (~5 Mt'tt~ TO FORTY-FIVE MILES PER ttOlrR (45 MPHI ON AIRt~()RT PI'LI_IN(i ROAI) I('1~ 311 FROM TRADE CENTER WAY NORTHERLY TO PELICAN MARSH ELEMENTARY SCHOOL, A TOTAl. DISTANCE OF APPROXIMATEID' 2.2 WHEREAS. Chaplcr 316. Florida ~lUltlles. pernlilS lbo B,~ard of Counl)Commissioners (BCC) Io ;l[Icr cslablishcd speed lily, ils ol~ roads ui)der ils jul'isdiclion; and WHEREAS, Airporl-Pullin~ Road ~CR 31'~ falls under lhe .jurisdiction of the BCC; and WHEREAS, in accordance wilh Chapter ~ 16, Florida Slalt~les, the BCC may aher stroh exisli~ speed Ihnhs as m~v be ;~ppropri~le upon [l~e basis of an enginecrin~ and lraffic il~xesti~alion; and WIIEREAS. ll~e results ol such en~ineerin~ and H'af't'ic inxesti~alions dclermine Ihat Ihe reduced pr,mml~aled by Ihe NOW, THEREFORE. BE IT RESO1.VEI) BY TffE BOARD OF COITNTY (iF ('OI.I.IER COUNTY, FLORII )ATt IAT: ,~l:(qlf~N I: The B('C d¢c~ herebx cxhHqish ;~ Im[~ fixc mile pm Imm' ~4~ MPII~ ~peed limit Ai~po~l-l~tHlin~ Road I'~om Tr;Me ('cruet Wa~ Norlherl) to Pelican Marsh Elemenlar~ ~chool. a total di~lance of approximately 2.2 miles, and docs hcrehx diruct the Cotmtv Trallsporlalion l)cpa~tn]ent to creel ;~ppropri;~e speed limil si?s Dixing notice thereof. SECTION., ~' .X cop5 of this Resolution shall be forx~ardcd lo thc ('oilier Cotmt~ Shcrill'~ ()Il'ice for proper enforcement of the est:Cqixhed speed limit for Airpnrl-l>nllin7 Ro;~d SC~lllCllt SI~('TIf)N ~ The ef/'cclixe d;~te of Ihe ~peed limit reducli~m sh;dl bc ;Hter x~rlllen nolil'ic:Hion Io the Sheriff's Office and upon po~ting of appropriate This I(cxolmion ;Moplcd al'let InoliOll. scot,lid, illld nlzH~l'il) ~)lc da~ of 21t{10. ATTEST: ltOAl/l) OF ('()(INTY ('OMMISSli)NERS I)XVIGHT E. BROCK. Clerk COLLIER ¢OIfNTY. FLORII)A BY: BY: Apprtwed as to form and legal SLH I'icjcncy: __ TIMOTHY J.CONSTANT1NE. Chairman EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR MASTER PUMP STATION 1.02, CONTRACT 89-1506, PROJECT 73924. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Amendment No. 4 to the Professional Services Agreement with Hole, Montes, and Associates, Inc. for Master Pump Station 1.02 for additional landscaping design and construction observation services. CONSIDERATIONS: O~ Max' 15, 1990 as Agenda Item 9(D)(4), the Board enter&d into an agreement with Hole, Montes, and Associates, Inc. (HMA) for design and construction services for Master Pump Station 1.02 to be located at the intersection of Wiggins Pass Road and U.S. 41. 2. Preliminary design of the pump station ensued at one of the three potential sites at the direction of Collier County Utilities Department (CCUD). In April 1991, the preliminary design phase was completed and submitted to CCUD. At that time, the design was put on hold pending site acquisition. 3. On September 19, 1992 as Agenda Item 16(D)(7), the Board approved An~e~'~dn~ent No. 1 to the Professional Services Agreement with HMA. The amendment increased the original projecl budget to accommodate design modifications requested by CCUD. 4. On February 7, 1995 as Agcnda Item 16(H)(3), the Board authorized the acquisition of an easement lying within Lawmetka Plaza PUD on the northwest corner of Wiggins Pass Road and U.S. 41 for the purpose of constructing and maintaining Master Pump Station 1.02. 5. On August 15, 1995 as Agenda Item 16(H)(6), the Board approved Amendment No. 2 to the Professional Services Agreement with HMA, The amendment increased the original project budget for design modifications required to accommodate the new site and to adjust the fee schedule commensurate with cost-of-living increases. 6. The projcc~ was tl~cn put on hold pending the recommendations in the Collier Count,,. \Vastexxater Master Plan which was in the process of being updated. ~. I _~ Executive Summary Approve Amendment 4 for Master Pump Station 1.02 Page 2 7. On July 22, 1997, as Agenda Items 12(C)(4) and 12(C)(5), the Board adopted the 1997 Wastewater Master Plan Update. The update recommended designing Master Pump Station 1.02 as an in-line booster pump station instead of the original wet well design concept as originally envisioned under the original contract with HMA. 8. On August 4, 1998 as Agenda Item 16(B)(2), the Board approved Amendment No. 3 to the Professional Services Agreement with HMA. This amendment increased the original project budget for design modifications required to accommodate the new in-line booster pump design concept. Additionally since the project had been on hold for 3 years since 1995, adjustments to the fee schedule commensurate with cost-of-living increases were also made. Design modifications are required now to accommodate new requirements requested in the County Site Development Plan (SDP) permit application process. Significant landscaping and site improvements are required. Additionally the scope of on-site observation of construction services has been increased as requested by HMA in the attached proposal letter dated January 11, 2000. 10.The negotiated fee increase is $37,850 as documented in the attached January 11, 2000 revised letter proposal from HMA. The following summarizes the breakdown of costs: Original Contract #89-1506 Amendment 1 Amendment 2 Amendment 3 Amendment 4 (Proposed) $ 95,500 $ 44,5OO $ 29,600 $ 44,000 $ 37,850 TOTAL (Proposed) $251,450 FISCAL IMPACT: Funds in the amount of $37,850 are available in County Wastewater Capital Projects. Yhe source of funds is Fund 413 - Sewer System Development Impact Fees. GROV;IH MANAGEMENT IMPACT: This project is CIE 924. This amendmcnt x~ill assis~ in completing the design and construction of this project. FEB 0 8 200O Executive Summary Approve Amendment 4 for Master Pump Station 1.02 Page 3 RECOMMENDATIONS: Staff recommends 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 Amendment 4 to the Professional Services Agreement with Hole, Montes, and Associates, Inc. for Master Pump Station 1.02 PREPARED BY: /f~ ~-?: ~'-2~, DATE: Mohan V. Thampi, P.E., Project Manager Public Works Engineering Department REVIEWED BY: Jeff Bibby, P.E., Director Public Works Engineering Department DATE: APPROVED BY: ~ ~ Jo eatham, Wastewater Director Public Works Division DATE: 1-26.0o REVIEWED BY: / - -Ed Finn, Interim Administrator Public Works Division DATE: Attachments' Amendment 4 approved by County Attorney's office. MVT:m x! FEB 0 8 2000 Preserving and enhancing Florida's quality of life since 1966 HOLE. MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS Januao' l 1,2000 Mr. Mohan Thampi Collier County Public Works Engineering Department 3301 E. Tamiami Trail, Bldg. "D" Naples, Florida 34112 RE: Master Pump Station 1.02 Professional Services and Fees cl.,lA File .No. 1990.051 Dear Mohan, As discussed with PWED during our meeting on JanuaW 7, we are requesting additional engineering fees for supplemental sen'ices that ,,,,,ere not included in our original scope of ser~ ices. These areas are identified in the table below, and additional information is provided in tine following paragraphs. Current Change in New Task Task Description Budget Budget Total A.7 Observation of Construction $31,000 $19,000 $50,000 A.7.I Permits and Approvals :, $21.100 $15,000 $36,100 A.7.4 j Subsurface Investigation $2.500 $350 $2,850 X i Mechanical Re-design $5,000 $3,500 $8,500 ~i Total $59,600.00 $37,850.00 $97,450.00 Our original services included completion of an SDP permit application. However, the SDP pertaining process became substantive and prolonged, resulting in significant landscaping and site improxements. In fact, the SDP permit requirements necessitated a significant change order to the construction contract that is currently being prepared. As reflected in our last monthly invoice to Collier County, we have expended $14,328.50 beyond the budgeted amount for Permits and Approvals, Task Number A.7.1, which is based on time and materials. We are requesting an increase in the amount of this task of $15,000 to provide payment for services rendered in connection with this task and permitting. Page Two January 11,2000 Mr. Mohan Thampi Master Pump Station 1.02 Professional Services and Fees HMA File No. 1990.051 We have recently received an email from the electrical engineer indicating that the air conditioning units will have to be increased in size from the present design due to erroneous information previously received from the pump supplier. Don Williams has stated that the heat release of the VFD and filters as stated on the submittals is 150% larger than previously stated in the pump supplier's letter of March 5, 1999. We are requesting $3,500 to cover the additional fees needed to revise the air conditioning design and to modify the contract documents through a change order. These sen'ices should be identified as Task Number X, Mechanical Re-design, which is based on time and materials. The subsurface investigation is covered by Task Number A.7.4. The actual cost for this time and materials budget was exceeded by $338.77. We are requesting this amount be increased by 535~, (~c~ '.o a total of $2.850.00. Our present contract with the Count3' provides for $31,000 for site observation during construction. This amount includes $8,000 for structural inspections and $7,700 for electrical inspections and field services. Thus, HM&A has a balance of $15.300 for all other work. We anticipate that the pipeline inspections will require approximately 150 hours (32 hours for the force main tie-in already spent and approximately 120 for the remaining piping). Since the County's original intent was to provide inspection services for the pipeline, we recommend that the budget for Site Observation, Task A.7, be increased by $19.000 to a total of $50.000. This rex ised time-and-materials budget will provide on-site observation by HM&A for approximately 50~'o of thc construction period, based on a four-month pump station construction period. Based on c,,~:r mc=t~n_-", ,, of January 7. we understand the Count>' will prepare an amendment to the H.'xl&.-\ proiL'ssional services agreement. If you have any questions or concerns regarding this matter, please contact me. Thank you for the opportunity to be of ser-,'ice to Collier County. ",'er>' truly >'ours, Hole, Montes & Associates, Inc. Ronald E. Benson. Jr.. Ph.D.. P.E. Vice President. Director of Environmental Engineering REB mmxv CC' Karl Borer £'lifft~rd I~cppcr Jcrr>' I aricska FEB- 8 2¢?:7 [ MASTER PUMP STATION 1.02 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated May 15, .1990 (hereinafter "AGREEMENT") is made and entered into this ~ day of ,2000, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the .State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Hole, Montes, & Associates, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 715 Tenth Street South, Naples, FL 34102. (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering ser'cice agreement for the provision of professional engineering services for the Master Pump Station 1.02 project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of change in the design concept of the pump station; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: FEB 0 8 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. As a result in the change in pump station design concept affecting the original design of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A, B, and C; and Schedule C as attached hereto. Additionally, CONSULTANT'S compensation for basic services under the AGR, FEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A, B, and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in 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 the Professional Services Agreement for Master Pump Station 1.02 the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: 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 Date By: Timothy J. Constantine, Chairman Approved as to form and legal sufficiency: Assistant County Attorney HOLE. MONTES, AND ASSOCIATES, INC. VVitness Witness By: Thomas M. Taylor, P.E. President (CORPORATE SEAL) REVISED SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES A.2 A.3 A.4 Current Revised Budget Budget Design Report $7,000 $7,000 Preliminary Design 58,000 58,000 Final Design 20,000 20,000 Bid Service 5,000 5,000 Construction Contract Administration 33.500 33.500 TOTAL: $123,500 $123,500 REVISED SCHEDULE B o ATTACHMENT B Hole, Montes & Associates, Inc. Professional Fee Schedule Engineer V (Principal) ......................................... · $125.00 Engineer V ............................................................................................................ $110.00 Engineer IV ........................................................................................................... $ 99.00 Engineer III ........................................................................................................... $ Engineer II ............................................................................................................ $ Engineer I .............................................................................................................. $ Engineer Tech IV .................................................................................................. $ Engineer Tech III .................................................................................................. $ Engineer Tech II .................................................................................................... $ Engineer Tech I ..................................................................................................... $ Cor~:r::c: .Administrator (Principal) ....................................................................... $ ( ,~:':-::_: -x=dministrator (P.E.) ............................................................................... $ Comract Administrator ......................................................................................... $ Construction Field Representative III ................................................................... Construction Field Representative II .................................................................... Const~ction Field Representative I ...................................................................... $ Senior Planner ....................................................................................................... Planner IV. ............................................................................................................ $ Planner III ............................................................................................................. S,~r', evor V. ........................................................................................................... $ 5 ~r', e', or IV. ......................................................................................................... S Survex Tech Iii ..................................................................................................... Survey Tech Il ...................................................................................................... Survey Tech I ................................................................................................... $ 2 Man Survey Crew. ............................................................................................. $ n Man Survey Crew. ............................................................................................. $ Technician III ........................................................................................................ $ Technician II ......................................................................................................... Tect:ni~ ~ar': I .......................................................................................................... $ 80.00 69.00 58.00 60.00 55.00 50.00 4O.00 95.00 75.00 55.00 55.00 45.00 35.00 95.00 90.00 70.00 45.00 80.00 65.00 55.00 55.00 50.00 45.00 40.00 85.00 98.00 38.00 30.00 25.00 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour Subcontractors ....................................................................................................... Cost Out-Of-Pocke~ Expenses ....................................................................................... Cost Milcz_~g: ............................................................................................................ $ .30 per mile Concrete ~',I ,~'!;~',en'.~:. $ 10.00 each This Fee Schedule is effective for one .,,'ear from date of issuance. FEB 082009 [ REVISED SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) A.7 Detailed Observation ADDITIONAL SERVICES Current Revised Budget Budget $31,000 $50,000 Permits'Approvals $21.100 Surveying'Easements 1.02 16.500 O&M Manuals 0 Subsurface Investigation 2.500 Structural Redesign 10.000 Mechanical Revision 5.000 Roof Redesign 4.000 536.100 16.500 0 2.850 10,000 8,500 4.000 TOTAL: $90.100 $127,950 FEB 0 8 ZOOS. -i COLLIER COUNTY MASTER PUMP STATION 1.02 SCHEDULE C DATE ACTION 08/14/95 Draft Hydraulic Analysis Report submitted by others 08/21/98 HM&A reviews draft report and attends meeting with County 11/10.,'98 Final Hydraulic Analysis Report submitted by others including pump selection and control logic 01,,"99 Begin procurement of pre-purchased equipment by others 12/01/98 HM&A receives final report and begins Design 02/02/99 Submit Conceptual (30%) Plans 02/12/99 Obtain County Review Comments 0528 "99 Submit SFWMD Permit Application : ,,- !,! 00 Submit Preliminary (90%) Plans and Specifications ~ -~ ~c; Submit FDEP Permit ,Application 06259t; Obtain County Review Comments 11"99 Collier County awards contracts for pre-purchased equipment 07/14:99 Submit Final Plans and Specifications 07/14/99 Submit Collier County Right of Way Permit Application 0716'99 Submit Site Development Plan Application 07'13/99 County advertises Bidding of Construction Contract ,,)8 ] 1'99 Open Bids for Construction Contract ',! i ¢ c;~i Obtain n~cessarv permits :; ' - c,~, Award Construction Contract - Issue NTP ~,3 ~ Deliver', of pre-purchased equipment < I < :~' Subs~.antial CompicJon 06 i4 LH) Fhaal Completion x,V: IUgl; ]gUl:,f~41 schcdulcRcx(l114UO d,~c EXECUTIVE SUMMARY AWARD BID # 99-3011 - "SOUTH COLLIER REGIONAL RECLAMATION FACILITY Berm Maintenance" OBJECTIVE: To award Bid # 99-3011 - "South Collier Regional Water Reclamation Facility Berm Maintenance" to Star's Astro Lawn Services. CONSIDERATION: Bid #99-3011 - "South Regional Water Reclamation Facility Berm Maintenance" is an annual bid which provides for two (2) one (1) year renewals to continue the mowing, edging, spraying for insects and fungus in order to maintain the berm at the South County Regional Water Reclamation Facility. The Purchasing Department sent notices of bid package to thirty-four (34) vendors on November 5, 1999. Bids were opened on November 24, 1999 and four (4) bids were received. 3. Staff has reviewed the bids and recommends the award of Bid # 99-3011 to Star's Astro lawn Services as the lowest qualified responsive bidder. FISCAL IMPACT: Funds for the annual berm maintenance contract in the amount of $24,000.00 are available in the South Collier Regional Water Reclamation Facility fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid # 99-3011 - "South Collier Regional Water Reclamation Facility Berm Maintenance" to Star's Astro Lawn Services and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. J~eph Cheatham, Wastewater Director APPROVED BY: APPROVED BY: Date: .... ~..a~ Date: / Stephen j/'.. Camell, Rurchasing/G}neral Services Director l~d Find, Interim Public, Works Administrator EXECUTIVE SUMMARY DIRECT STAFF TO DEVELOP AN ORDINANCE AMENDMENT REGARDING THE USE OF TOURIST DEVELOPMENT TAXES BY AREA PUBLIC MUSEUMS OBJECTIVE: To provide for the on-going concern of the Collier County Museum, while also creating a funding source for other area public museums. CONSIDERATIONS: The current ordinance that dictates how tourist development tax funds will be spent provides a specific category and percentage of funds for museums. This category, as it was originally intended, has only provided funding required to operate the County's Public Museum and it's satellite museum operations. The most recent change in the ordinance provided additional funding in the Museum category that will be used to repay the County's general fund for the capital purchase of the additional Roberts Ranch property. It is recommended that the ordinance be amended to recognize that the funding for the Roberts Ranch is in fact associated with capital and as a result is a fixed need. It is further recommended that the funding currently dedicated to the payment of the Roberts Ranch property could be made available for other non- county owned, but public museum projects. There are two different options for such an ordinance amendment: The current debt service payment to the general fund is $153,500 annually, which equates to roughly 20% of the TDC funding. In order for the general fund to be fully repaid, debt service payments would be required until January 1 of 2004. The ordinance could be amended so that the same percentage of funding currently dedicated to debt service payments (20%) would upon final payment to the County be made available to other public, non-county owned museum projects or operations. The second option would be to restructure the Roberts Ranch repayment schedule this year, providing for a more conventional 10 or 15 year term. This would reduce the annual debt service payment to $77,008, freeing up $76,492 currently. FISCAL IMPACT STATEMENT: The impact of either option would be to make funding available to other non-county owned public museums, while at the same time committing funding for the on-going County Museum operations. Funds in the amount of $153,500 are currently being repaid from Tourist Tax funds to the general fund for ranch property repayment annually. This funding will in whole either be made available for non-county owned public museums in 2005 or $76,492 of these funds could be made available now with a restructured debt service schedule. In either case the County will continue to receive its full payment and interest for funds advanced for the ranch purchase. Agenda FEB O ~.: ~OOO GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, authorize staff to amend Ordinance 992-60 to provide for two categories of Museum funding for county and non-county owned, funding the non-county owned museums from the funding made available from a restructured loan payment schedule from the TDC to the County's general fund. Prepared by~~'~"~ Thomas V~. O1"]~, P~Services Administrator FEB 0 EXECUTIVE SUMMARY .PPROVAL OF THE RECIPROCAL BORROWING AGREEMENT AND AUTHORIZATION FOR THE LIBRARY DIRECTOR TO SIGN THE AGREEMENT, ENABLING COLLIER COUNTY PUBLIC LIBRARY TO PARTICIPATE IN RECIPROCAL BORROWING WITH MEMBERS OF SOUTHWEST FLORIDA LIBRARY NETWORK (SWFLN) . OBJECTIVE: Obtain approval of Board for the Reciprocal Borrowing Agreement authorizing the Collier County Public Library to participate in reciprocal borrowing with members of Southwest Florida Library Network (SWFLN) and authorization for the Library Director to sign the Agreement. CONSIDERATIONS: CCPL has been a member of the Florida Information Network (FLIN) for over 2(} years. With this membership, we agreed to loan library materials to other FLIN libraries as the FLIN libraries agree to loan library materials to CCPL. This allowed our library users to receive interlibrary loan materials from libraries throughout Florida and the United States. With this agreement, CCPL saved book funds by not having to purchase every book our library patrons wanted to read. Often rare and expensive books or those with limited subject appeal are borrowed rather than pur- chased. These are 'institution to institution' loans. Collier County Public Library has been participating with Southwest Florida Library Network (SWFLN) since SWFLN's beginnings in'1993. In1998. the BCC authorized CCPL to become an institutional member of SWFLN. With our member- sh~p, we agreed to loan materials from our collection to other member libraries. Institutional members of SWFLN cur- rently include Charlotte-Glades Library System, Collier County Public Library, Lee County Library System, DeSoto County Library, Ft. Myers Beach Public Library, Hendry County Library System. Sanibel Public Library, Seminole Tribal Library System, Edison Community College, Florida Gulf Coast University, International College Library, Southwest Florida College, several school libraries. 2 hospital libraries and tile Bailey-Matthews Shell Museum. ~...,Coltier County Public Library already gives library cards to Collier County Government employees and teachers who do ~t live in Collier County. Lee County Library System has a similar policy for library users who do not live in Lee .'~[lnty. This Reciprocal Borrowing Agreement will continue our history of sharing resources and will enable individuals, who have library cards with a SWFLN institution that signs this agreement, to borrow materials directly from other SWFLN institutions instead of requesting materials through Library Staff. For example, a Collier County Library patron visiting the Sanibel Public Library could bon'ow a book fi'om that library without using the InterLibrary Loan Service. Reciprocal borrowing provides the desired book immediately and at a lower cost than using InterLibrary Loan. The Collier patron is then responsible for returning the book on time or paying the fine charged by the lending library. Collier County Public Library would then extend this same privilege to library patrons of other SWFLN members who sign this Reciprocal Borrowing Agreement. The Library Advisory Board supports this Reciprocal Borrowing Agreement. FISCAL IMPACT: There is minimal fiscal impact. CCPL patrons who borrow materials from other libraries are completely responsible for any fines and charges that might occur for late, lost, or damaged materials. The program could even reduce costs of InterLibrary Loan Service among nearby counties. CCPL currently issues less than 50 library cards to south Florida residents who do not live in Collier County. This generates less than $500 annually. viewed and ~pproved by: GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Library Staff recommends approval of tile Reciprocal Borrowing Agreement. The Library Director is hereby' authorized to execute the Agreement on behalf of Collier County. Prepared by: ~fl~2 ~9 J~O~,~_ DATE: Marilyn N(atthes, Assistant Library Director .~ ~~k ~- DATE: ~ohn W. ~bnes~mr2p~irector Reviewed a~_...~._..,~-~ j Approved by: I~~./~ ~ DATE:~ Thomas W. Olliff, P~ Services Administrator FEB 0 ~: 2000 Southwest Florida Library. Network RECIPROCAL BORROWING AGREEMENT 14/77ereas the library listed below wishes to extend access to its holdings between and among patrons of participating SWFLN Member Libraries, and [~Tereas each participating member library may retain the right to limit access to parts of its collection. Now therefore be it agreed that the undersigned will participate in this reciprocal borrowing program commencing upon signature of this Agreement. Be it further agreed that the undersigned will respect the policies and procedures of each participating library, will honor the borrowers' cards presented by patrons of participating libraries and will provide statistical and other information to be evaluated in order to determine the success or value of such reciprocal borrowing program. Name of Library: Library Director: Date: Typed or printed name: Title: . Approved as to form and legal sufficiency: o as C. Palmer Th m Assistant County Attorney EXECUTIVE SUMMARY APPROVE A LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., APPROVING USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS FESTIVAL OBJECTIVE: To provide a means for the Collier County Community to recognize and celebrate the nation's independence through a quality 4th of July Festival. CONSIDERATIONS: The Naples Junior Chamber of Commerce, Inc. (Jaycees) has partnered with the County to provide a free 4th of July event for the community for the last two years. The attached agreement recognizes certain difficulties of the partnership as it has been structured and provides that the eYent will in essence be a Jaycees event held at the County's Sugden Regional Park Through this agreement the County will provide a $25,000 contribution that will be used to support the event and will be paid, as is standard practice, through a reimbursement method. The event as proposed this year, will again be a family-oriented event with musical entertainment, food vendors, and fireworks at dusk. The agreement requires that the Jaycees have and make arrangements for appropriate levels of law enforcement personnel, fire department and Emergency Medical Services presence, and specific insurance coverage for the event as prescribed by the County's Risk Management Office. The agreement has been negotiated through the Public Services office and has been reviewed and approved by the County Attorney's office for legal form and sufficiency. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this event. FISCAL IMPACT: The cost of this agreement will be $25,000, funds for which have been included as part of the FY 2000 budget within the Parks and Recreation Department. It must be recognized that there will also be a staffing cost associated with the event for rangers, maintenance crews, etc., estimated to cost $3,000. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairman to execute the attached Limited Use License Agreement between Collier County and the Naples Junior Chamber of Commerce, Inc. to produce a free Fourth of July Festival at Sugden Regional Park. Prepared ,by: .-" ':'~/f ~ · Thoma¢, W.~Olliff, Publio Servioes Administrator AGENDA ITEM FEB - 8 2000 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY-OWNED PROPERTY FOR CONDUCTING A JULY 4TM FIREWORKS FESTIVAL. This is entered into this day of ,2000 by and between the Board of County Commissioners, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida corporation, whore mailing address is P.O. Box 10416, Naples, Florida 34102, hereinafter referred to as "Organization". WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4"' Festival and Fireworks Display to be held on July 4, 2000. WHEREAS, the Board is willing to approve the use of County-owned land for such pL, rp-~ses as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: -Fne B~a~c ;,e'e~. approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festivar, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 2r'd through July 5th. The organization shall be responsible for all on and off-site Event operations and revenue as ~,-ei: as the administration of all revenue derived from the Event. The Organization snal have the sote right and responsibility with respect to the granting of concessions ,'sds,'- ss food beverages, programs), sponsorship and merchandising rights and the re,.e"'~e '.herefrom subject to approval of the Public Services Administrator. The Organ,zation shall monitor, control and assume responsibility for all activities, vendors licensees and ~nvitees associated with holding of the Event, such responsibility nct being hmitec to trasr'~ collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Prope.rtt~y. The Organization shall ensure clean up of the Property by close of business on July 5t . 5 P-~or to making any changes, alterations, additions or improvements to the Property, the organ~zat or shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improveme,~ts, changes or addit:ons i.c *~ e Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future iaws ordinances, rules, regulations, and requirements of the United States of America State of Florida, County of Collier, and any and all governmental agencies. All permanent a!terations improvements, and additions to the Property shall, at once, when made or mstalied be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in th~s agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, Agend~ NO .~ FEB 0 8 Pg- ~,, -- improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on- site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7. Organization agrees to: Provide on or before February 15th to the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will be included within the special events permit application package. B. Meet on the Property on or before June 4, 2000 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheri~s Department and Collier County EMS. The Organization will '-a,e or w;il have provided in advance of the meeting: F re Retardant Certificates and safety inspection for all tents to the East Naples F;re Depa,qment; 2 A copy of the certificates of all insurance required by this agreement, 3 A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriffs Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide". Organization agrees to manage the Event as outlined within the Chairman's Planning G.u'~e prepared by Organization. Such plans shall be made a part of this Agreement. Rev:s~ons to the Chairman's planning Guide after the meeting of June 4, 2000 referenced ,n paragraph seven (7-B) will require the review and approval of the Public Services Adm n:strator Should inclement weather require cancellation of the event on July 4th , such a dec~sion wili be made in conjunction with the Organization and the Public Services Administrator. as agreed to by the Organization and the Public Services Administrator, July 5, 2000 All subsequent dates of this agreement will be adjusted accordingly. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyro-technicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10 Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C.) any condit;on of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of any one or more thereof, Organization shall pay alt costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or Agen NO. ~~_~_ FEB 0 8 2000 11. 12. 13¸ 1,4 16. 17. 18 19¸ 20¸ 21 proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(les), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. Organization shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with all applicable laws. (b) Co',her County shall be listed as additional insured on the commercial general liability poiic~, E,.idence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiemi Trail, Administr_tion Ruild',nD. Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall inciude a provision requiring ten (10) days prior written notice to Collier County cJo County Risk Management Department in the event of cancellation or changes in policy(les) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. Tr,~s Limited Use License Agreement shall be administered on behalf of the Board by and tr,rO~'~ the Collier County Parks and Recreation Department. I: .s ,,ne responsibility of the Organization to properly notify the general public of closed r:.a~.s and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy A..e~ue Mohawk Place. Mindi Avenue, Rose Avenue, and PoplarWay. This Agreement ~s not assignable. Any attempt to assign shall be void ab initio. The Rental Rate for the festival is $ 800, which was waived by the Board on October 12, 1999. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the Property except fireworks are pianned to be discharged in the air and on the 9round according to plan. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25 000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees. sheriffs department fees, carnival fees and/or fireworks fees. Funds will be paid or- a reimbdrsement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. Agenda FEB O B 2000 Pg. ~ 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: (print name NAPLES JUNIOR CHAMBER OF COMMERCE, INC. L, iSa t'l. DO , President AS TO THE COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dep..t/ Cierk Approve: as to, for,~- and lega s:~oier,:~ Ir Thomas C. Palmer Assistant County Att,srnez By: Chairman Agend.a ,t t ~m,... FEB 0 2000 EXECUTIVE SUMMARY APPROVE THE FORM OF A STANDARD FORM AGREEMENT FOR SPECIAL SECURITY SERVICES BETWEEN THE COLLIER COUNTY SHERIFF'S OFFICE AND THE RESPECTIVE DEPARTMENT THAT MAY REQUEST SUCH SERVICES OBJECTIVE: That the Board approve a "Standard Form" agreement between the Sheriff's Office for providing special security services to County Departments on an "as needed" basis. CONSIDERATIONS: The County Administrator's Agency often requires Florida certified law enforcement officers for special events such as the "Snowfest," concerts, town meetings, and most recently, biweekly nightly details at the Main Government Complex (where vandalism has been increasing). The attached "Standard Form" written agreement can be utilized by each requesting Collier County Department to acquire such special security services from the Sheriff's Office "as needed." Staff requests that the Board authorize each Department Head to contract with the Sheriff for these services subject to annual budgetary limits for the respective Department's budget. The per hour rate for these services is subject to an increase from time-to-time by the Sheriff's Agency. FISCAL IMPACT: Sufficient funds for all the envisioned quantity of these services for the current fiscal year are budgeted in each Department. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Approval of the attached "Standard Form" written Agreement and delegate to each Department Head authority to utilize this Agreement to purchase from the Sheriff Agency special security services on an "as needed" basis, subject hereafter to annual budgetary approval of each respective Department. Reviewed By: ..~'~~-~---'~O"~"7 Date: Skip Camp, CFM, Director The Department of Facilities Management "<c ./c ,~ ~'"--"? ; ' Date: Approved By: Leo E. Ochs, Jr., Admirvt'strator Support Services Divj~on FEB - 8 2000 Pg. t/ COLLIER COUNTY SHERIFF'S OFFICE LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT THIS AGREEMENT, entered into this __ day of , by and between the Collier County SheriWs Office, DON HUNTER, SHERIFF of Collier County, Naples, Florida, hereinafter referred to as "CCSO" and Florida, hereinafter referred to as "CONTRACTOR", both of whom shall be referred to as the "PARTIES". WITNESSETH: WHEREAS, the CONTRACTOR desires to obtain special Law Enforcement Services at: for the purpose of (identify event, if any) in Collier County, Florida, and; WHEREAS, the CCSO has agreed to render to the CONTRACTOR professional law enforcement service, and the CONTRACTOR is desirous of contracting for such se~'ices upon the terms and conditions hereinafter set forth; and WHEREAS, the CONTRACTOR is desirous of providing Law Enforce~nent Services tl~ough this written agreement with CCSO; and ~TIEREAS, the Sheriff hereby agrees to provide such security and law enforcement as provided herein; NOW, THEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable considerations, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows: For the purpose above, the Sheriff'shall provide to the Contractor (# of) certified Deputies at the place captioned above, between the hours of and on [date(s)]. A schedule of specific assigm-nents for Deputies assigned under this agreement is attached hereto and marked "Exhibit A." Such law enforcement Deputies shall perform normal law enforcement duties to provide for the health and security of persons in the immediate area of the above-captioned event or location (s). o At all times pertinent to this contract, the law enforcement Deputies shall be assigned by and remain under the control of the Office of the Sheriff of Collier County, Don Hunter, Sheriff. Ownership and maintenance of equipment used in Special Details are the responsibility of the Collier County SherifI~s Office and equipment assigned to a Deputy for use in the regular perfon'nance of duties shall be used during this Special Detail. All equipment remains tl -~ responsibility of the assigned Deputy and ownership remains with the 1 A~DA ITEM FEB - 8 2000 Pg._ , ~ _ Collier County Sheriff's Office. The Contractor shall pay as indicated under "Financial Arrangements" to the Office of the Sheriff of Collier County the actual cost to the Agency of the Deputy's time and one-half hourly rate (overtime), two (2) hour minimum including all applicable Agency expenses such as FICA and worker's compensation coverage commensurate with the current pay plan schedule. The estimated minimum total, based on now available information is $ subject to final accounting. The estimated maximum total, based on now available information, is $ , subject to final accounting. If the contract requires vehicle patrol, the Agency shall be paid $ per patrol mile, per vehicle. The balance remaining, if any, shall be invoiced to the Contractor upon a final time and mileage accounting being completed by the SherifFs Office, and shall be paid by the Contractor within five (5) days of receipt of the invoice. FINANCIAL ARRANGEMENTS: No Deposit Required/Total Due Upon Billing. The Contractor hereby agrees to indemnify the Sheriff against any and all claims against the Sheriffor the Office of the Sheriff to Collier County, arising out of the use of the certified law enforcement Deputies, from whatever source or cause, excepting only the negligence of the Sheriff or his Deputies. The parties agree that the services provided for herein are not a guarantee of the health and safety of the patrons attending the above-captioned event, but it is the provision of regular law enforcement services commonly supplied by the Office of the Sheriff to the citizens of Collier County according to policies established by the Sheriff. The parties agree that in the event of an off-site emergency requiring the services elsewhere of the law enforcement Deputies provided herein, that the Sheriff may be required to remove the Deputies to meet any such emergency, without penalty therefore, and such removal shall not be deemed a breach of this Agreement. o Law enforcement Deputies provided according to the terms hereof shall be paid according to the regular payroll procedures of the Office of the Sheriff, and no funds shall be transferred from the Contractor to any law enforcement Deputy, but such funds shall be paid directly to the Office of the Sheriff of Collier County. No._.. FEB - 8 2000 IN WITNESS WHEREOF, the PARTIES hereto execute this instrument on their behalf at the dates set forth below. COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Sheriff of Collier County Date CONTRACTOR (requesting Department) BY: Signed Name (Department Head) Typed Name Telephone Number of the Dept. Head FEB - 8 2000 EXECUTIVE SUMMARY Approval of a Memorandum of Understanding with Florida 1 st Health Plans, Inc. for the Administration of Group Health Run-off Claims Processing. OBJECTIVE: To seek approval of a Memorandum of Understanding for the administration of mn-off health claims administration. CONSIDERATIONS: On November 9, 1999 the Board approved the selection of Robey Barber Insurance Services as its new group health insurance third party claims administrator with an effective date of January 1, 2000. Florida 1st was the previous administrator through December 31, 1999. Pursuant to the contract between Collier County and Florida Ist, claims incurred through December 31, 1999 but paid after January 1, 2000 will be adjudicated by Florida 1 st under a Memorandum of Understanding (also known as a MOU). An MOU has been drafted and approved for legal sufficiency by the County Attorney's Office. The effective date of the MOU is January 1, 2000. It states that Florida lst will process claims incurred prior to January 1, 2000 at the fee in effect as of December 31, 1999. The term of the contract is for three months ending March 31,2000, at which time the County may extend the contract until June 30, 2000 at a fee of $17 per claim. A decision will be made in March as to the extension of the MOU based upon claims volume at that time. The approval of this MOU will set forth the terms of the mn-out agreement and will facilitate the smooth transition of claims services from Florida 1st to Robey- Barber Insurance Services. FISCAL IMPACT: Funds are budgeted within fund 517, Group Health and Life, for the paymen~ of group health administration costs. It is estimated that costs will be in the range of $30J)00 to $40,000. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve a Memorandum of Understanding with Florida 1 st Health Plans for the payment of group health insurance claims administration mn-out services, authorizing the Chaim~an to execute said Memorandum of Understanding../?. / · ./'~ ' .-~'.: Date: .-'/-~ SUBMITTED BY ~,_~ - "Jei'f Walker, CPCU, ARM, Director, Risk Manageme/nt REXlE ~'ED BY: ' - '" £/ - 4 ~ Date: Leo E. Ochs, Jr., Sulbport Services Administrator FEB - 8 2000 MEMORANDUM OF UNDERSTANDING WHEREAS, Florida 1st has been serving as the TPA for Collier County Government's medical benefit plan since April 1, 1998; and WHEREAS, effective January 1, 2000, Collier County Government has chosen a new administrator for medical and dental claims; WHEREAS, Collier County Government has agreed to pay Florida 1st the existing ASO rates monthly on a pre-paid basis for claims incurred prior to January 1, 2000 and processed by March 31,2000; The parties desire to set forth terms and conditions to administer medical claims incurred prior to January 1, 2000, which are received but not processed as of June 30, 2000, has resulted in the following agreements: 1. Collier County Government, agrees to compensate Florida 1st Health Plans, Inc.: for claims run-off adjudication based upon the following terms: a. Florida 1st shall bill Collier County Government, on a bi-weekly basis, SEVENTEEN DOLLARS ($17.00) per claim processed for adjudication on or after April 1, 2000. b. Collier County Government, shall pay Florida 1st Health Plans, Inc., within ten (10) days of receipt of invoice. 2. Florida 1st shall adjudicate claims received prior to June 30, 2000, until July 31 2000, at which time this Agreement shall terminate and the parties shall have no further obligations hereunder A~.~E I~10 A ~TEM ~.... /~, ~P p---- FEB - 8 2000 3. Florida 1st shall provide claim inquiry customer service functions to all members until discontinuation of claim processing services. 4. Florida 1st will provide the new carriers telephone number for telephone calls requesting information pertaining to services rendered after January 1, 2000, i.e., eligibility verification, pre-certification and claim status. 5. Identification cards shall no longer be provided as of December 1, 1999. 6. Check stock that wil', be needed to process the claims run-off shall be billed at cost + 5% to Collier County Government 7. Florida 1st agrees to resolve any outstanding issues regarding prior known problems during this Agreement term. In the event any new issues arise, Florida 1st will identify a resolution process with Collier County Government, and additional costs may be required as a result of the agreed upon process. 8. Florida 1st agrees to provide Collier County Government, transitional items: 9 employees the following · Accumulator tape in Florida lst's format. Accumulator tapes for lifetime maximums will be provided two (2) times, the first prior to April 1, 2000, and the second within fifteen (15) days of the termination of this Agreement. · Forward all claims received subsequent to June 30, 2000 to the party designated by Collier County Government. Collier County Government, agrees to provide written communication to both and providers to eliminate submission of claims for dates of services .~ElqO&, ITEM subsequent to January 1, 2000 and forward service calls or claims to the new TPA. EDI claims with dates of service January 1, 2000 or after will not be accepted. 10. Collier County Government, agrees to hold Florida 1st harmless for any services or payment duplicated by Robey-Barber Insurance Services or Florida 1st during this transition period. 11. Collier County Government agrees to transfer all manual files at their expense on or before July 31, 2000. IN WITNESS WHEREOF, the terms of this Agreement are acknowledged by the undersigned representative of both parties. COLLIER COUNTY GOVERNMENT FLORIDA 1ST HEALTH PLANS, INC. (signature) Timothy J. Constantine, Chairman of BCC DWIGHT E. BROCK,. CLERK Date Ap~orm & le~aJ euft'l~teaey /<-.. Ro~=t ~acha~ (signature) Frank Willis, President/CEO "~tness ' Date A~aENOA ITEM FEB - 8 2000 MEMORANDUM OF UNDERSTANDING WHEREAS, Florida 1st has been serving as the TPA for Collier County Government's medical benefit plan since April 1, 1998; and WHEREAS, effective January 1, 2000, Collier County Government has chosen a new administrator for medical and dental claims; WHEREAS, Collier County Government has agreed to pay Florida 1st the existing ASO rates monthly on a pre-paid basis for claims incurred prior to January 1, 2©©~ arid processed by March 31,2000; The parties desire to set forth terms and conditions to administer medical claims incurred prior to January 1, 2000, which are received but not processed as of June 30, 2000, has resulted in the following agreements: 1 Collier County Government, agrees to compensate Florida 1st Health Plans, Inc.. for claims run-off adjudication based upon the following terms: a. Florida 1st shall bill Collier County Government. on a bi-weekly basis, SEVENTEEN DOLLARS ($17.00) per claim processed for adjudication on or after April 1, 2000. b. Collier County Government, shall pay Florida 1st Health Plans, Inc., within ten (10) days of receipt of invoice. 2. Florida 1st shall adjudicate claims received prior to June 30, 2000, until July 31 2000 at which time this Agreement shall terminate and the parties shall have no further obligations hereunder g~ntra(d~ docXasoap'~'~o~-ccO Ooc 3. Florida 1st shall provide claim inquiry customer service functions to all members until discontinuation of claim processing services. 4. Florida 1st will provide the new carriers telephone number for telephone calls requesting information pertaining to services rendered after January 1, 2000, i.e., eligibility verification, pre-certification and claim status. 5. Identification cards shall no longer be provided as of December 1, 1999. 6. Check stock that wil', be needed to process the claims run-off shall be billed at cost + 5% to Collier County Government 7 Florida 1st agrees to resolve any outstanding issues regarding prior known problems during this Agreement term. In the event any new issues arise, Florida 1st will identify a resolution process with Collier County Government, and additional costs may be required as a result of the agreed upon process. 1st agrees to provide Collier County Government, the following Accumulator tape in Florida lst's format. Accumulator tapes for lifetime maximums will be provided two (2) times, the first prior to April 1, 2000, and the second within fifteen (15) days of the termination of this Agreement. · Forward all claims received subsequent to June 30, 2000 to the party designated by Collier County Government. Collier County Government, agrees to provide written communication to both submission of claims for dates of services 8. Florida transibonal items: employees and providers to eliminate FEB- 8 ZOO0 Pg_. ~ .... subsequent to January 1, 2000 and forward service calls or claims to the new TPA. EDI claims with dates of service January 1, 2000 or after will not be accepted. 10. Collier County Government, agrees to hold Florida 1st harmless for any services or payment duplicated by Robey-Barber Insurance Services or Florida 1st during this transition period. 11. Collier County Government agrees to transfer all manual files at their expense on or before July 31, 2000. IN WITNESS WHEREOF, the terms of this Agreement are acknowledged by the undersigned representative of both parties. COLLIER COUNTY GOVERNMENT FLORIDA 1ST HEALTH PLANS, INC. <signature) Timothy J. ,Constantine, Chairman of BCC DWIGHT E. BROCK, CLERK Date Ap~orm & leg~l ~ffloiem~ ~ii~t~nt C~unt7 ltt~r~I (signature) Frank Willis, President/CEO FEB - 8 2000 Pg' · 7 , EXECUTIVE SUMMARY -~PPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN ~RTER GOSS. OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and Congressman Porter Goss ("Congressman Goss") for utilization of office space at the Collier County Government Center and accept a Resolution regarding same. CONSIDERATION: On December 15, 1999, the Board of County Commissioners approved a Lease Agreement with Congressman Porter Goss approving use of an office on the second floor of the Administration Building. Recently, Congressman Goss's staff has requested that the Lease be rewritten to reflect the Congressman's actual Lease term of January 3, 1999 to January 2, 2001. This condition is a requirement of the United States House of Representatives leasing policies for governmental offices. The December 15, 1999 Agreement specified a Lease term from January 3, 1999 to January. 2, 2000 with the inclusion of one (1) renewal term of two/2) year.~ pending the Congressman's reelection. The attached Lease Agreement has been reviewed by the Facilities Management Department, the Office of the County Attorney and the Risk Management Department. FISCAL IMPACT: The annual rent of Ten Dollars ($10.00) shall be deposited into the following account: .,nd: 001 Cost Center: 122240 Object Code: 487400 (General Fund) (Maintenance Services) (Reimburse - Building Maintenance) GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Congressman Porter Goss and authorize ils Chairman to execute the Lease Agreement and a Resolution regarding same. SUBMITTED BY.'~ ~/..o...m--*-...~, ~.-~/. / ' DATE:/' ~ (''' '~ o" o Michael H. DoMing, Specialist'I~, Real Pt,~perty Management Department REVIEWED B'~:: Skip Ca/np, Director', Facilities 1;¢la~agement Department DATE: REVIEWED B'~': "'~ : ~- 5. ~'_ '- .... -'---% DATE: ~ LeckY. Ochs. Jr.. Administrator, Support Ser%ces DMsion FEB - 8 2000 RESOLUTION No. 2000 - 8 9 I0 I1 12 13 14 15 16 17 18 19 20 21 22 23 2,1 25 26 27 28 29 3_1 34 36 37 38 30 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN PORTER GOSS FOR THE CONTINUED UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Congressman Porter Goss ("Congressman") desires to continue to lease an office space on the second floor of the Administration Building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a United States government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Congressman's election term. The Lease provides for a renewal term, if the Congressman is re-elected, for two (2) additional years following the initial Lease term. '¢,+IEREAS, the Board of County Commissioners is satisfied that this property is required for the Congressman's use and is not oeeded for County purposes. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY )'-, E R S OF COLLIER COUNTY. FLORIDA, that: The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Congressman Porter Goss, U.S, House of Representatives. 2. The Board of County Commissioners and the Congressman do hereby acknowledge that the Lease Agreement date December 15, 1998 is hereby void. 3. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this__ after motion, second and majority vote. day of 2000 ATTEST: DWIGHT E. BROCK. Clerk BY: , Deputy Clerk Approved as Io form iencv: Robert Zachary Assistan! Count)' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOKIDA ,, TIMOTHY J. CONSTANTINE, Chairman I' CE'B - 8 2000 · Lease # 764 THIS LEASE AGREEMENT entered into this __ day of , , between Congressman Porter Goss, whose mailing address is 3301 East Tamiami Trail, Napl'~s, Florida 34112, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE h D_~mjsed PremtSr,~ LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, Second Floor, 3301 East Tamiami Trail, Naples, Florida 34112, as shown in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE 2. Term of Lease I ES~;EE shall have and hold the Demised Premises for a term of two (2) years, commencing on Januar' ~ :0oc~ and ending January 2. 200I. LESSEE is granted the option, provided LESSEE is re- elected t(~ :hz ,amc office and is not in default of any of the terms of this Lease, to renew same for one (1) additional term of two (2) years, under the same terms and conditions as provided herein, by giving written notxce of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created Said notice shall be effective upon placement of the notice in an official depositoD' of the United States Post Office, Registered or Certified Mail, Postage Prepaid· Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such lime as a new Lease Agreement can diligently be processed by LESSOR for the new term. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE ~ :!'~:r~, {?(Ii daxs xxz~tten notice to the address set forth in Article 14 of this Lease. Said notice shall be ei!ectl~v upon placement of the notice in an official depositoD' of the United States Post Office, Regretted or Certsficd Mail. Postage Prepaid. B', exec~t~c4' ,,5 th~s 1 ease. Agreement by the LESSOR, the Lease Agreemenl between LESSEE and LESSOR dated Decembe~ 15. 1998 shall become void ARTICLE 3. Rent LESSEE hereby covenants and agrees to pa3 as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rem for the initial Lease term shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shal! be paid within thirty (30) days for the commencement of the renewal term. ARTICLE 4. q)thcr Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janilorial services and any and utility charges, except for long distance telephone charges which are addressed below. Utility charges shall include, bul shall not be limited to, one (1) cable television outlet, elecmciLx, iight, heat. air conditioning, power, water, and sewer services used, rendered or supplied thereupr,r or ~r~ connection with the Demised Premises. LESSEE shall be billed b3 I.ESSOR fi~r three (3) telephone voice lines LESSOR shall bill, on a monthly basis. LES>EI'S \\'ashmgton. D.C. office k)r all Suncom, telephone voice hnes and long distance calls. LESSEF co~cnants to pa5 I ESSOR for monthl3 Suncom. telephone ',oice lines and long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOWS written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If aider sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so &rects, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installatmns which, were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete sa~d rem,vals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for an3, purpose contrary to law or the rules or regulations of any public authorily. ARTICLE 6. Access to Demised Premise~ LESSOR, its duly authorized agents, representatives and employees, shall have the fight after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services thereto, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. AR]' 1CLt- ': Assuenment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Dem~ed Premises. or lo permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 11. Maintenance LESSEE shall keep the Demised Premises clean at all times. Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). LESSOR sha]l in no event be charged with default in the perlbrmance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days ~(or such additional hmc a~ ~s rcasonabI) required to correct such default) after notice to LESSOR by LESSEE properly speci~ mg xx herein LESSOE has failed to perform any such obhgations 3~TICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 East Tamiami Trail Administration Building Naples, Florida 34112 LESSEE: Congressman Porter Goss Administration Building, Second Floor 3301 East Tamiami Trail Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 15.5urreMer of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Der~seJ Premises which would interfere with or adversely affect the operation or maintenance of LESS(/P ~ ~t~nd~rc! operations where other operaons share common facilities. (al R~ghts not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pa.,,' all sales tax imposed on the rental of the Demised Premises where apphcable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ,\l-',[l(~l E 17 ~vironmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR. from and against all costs (including attorneys fees) asserted against, imposed on or incurred b3 LESSOR directl3 or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating tn pollution or protection of the environment. ARTICLE 18. Radon Gas In compliance xx~th Section 404 056. Florida Statutes. all parties are hereby made aware of the following: .' Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional ~nformation regarding radon and radon testing may be obtained from yom' County Public Health i)epartment. ARTICLE 19 ~xten__t of Lierl3 All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notre e ~ given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 20. Lff¢'.~:ti~e I2¢_at_c This Lease shall become effecl~x e upon execution b) both LESSOR and LESSEE ITEM 'FEB - 8 2OOO ARTICLE 21..Cm_v_m:nmg_La~ This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATE D: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman AS TO LESSEE: DATED: WI'I~S S (signaturel (prm! name~ (prim name) B y: CONG RE~S~ Address: FE8 -.8 2000 I o ~ ~},EB- 8 2000' EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY. OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction, which is scheduled for Saturday, February 19, 2000. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately 300 items that will be auctioned, of which there are several pieces of computer equipment, typewriters, furniture, vehicles, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the February, 19, 2000 'ction date, staff is requesting permission to dispose of additional non-asset surplus items that may be received .,bsequent to the preparation of this Executive Summary at the February auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list. SUBMITTED B Y: '~'~1/'¥_ ~-¥- i~,_, '~-i'\. 't. ~_ $ ~,~-k ~ ~ ~onda L. Tibbetts, Purchasing Agent ~VIEWED BY: S~a~ll] ~"¢~ p ~ . Director Purchasing/General Se~qces APPROVED BY: '~'"~' ~' J' ~' ' ~ '7-'k Leo E. Ochs, Administrator Suppo~ Se~ices Administration Date: Date: no. /L- . FEB - 8 2000 Pg' SURPLUS pROPERTY- INVENTORY 101-199 CPUs ITEM IFUND I ITEM DESCRIPTION/SERIAL# IASSET# IFROM 101! 408 Gateway 486 940201 NRWTP 102 001 Alton CPU Health Dept 103 001 CPU 930583 Health Dept 104 001 CPU 2585 Health Dept 105 001 CPU 1799 Health Dept 106 001 CPU 2775 Health Dept 107 001 CPU 2702 Health Dept 108 001 CPU 2482 Health Dept 109 001 CPU 2560 Health Dept 110 001 CPU 2468 Health Dept 111 001 CPU 2917 Health Dept 112 001 CPU 2474 Health Dept 113 001 CPU 2551 Health Dept 114 001 CPU 2966 Health Dept 115 001 CPU 2968 Health Dept 116 001 CPU 2598 Health Dept 117 001 CPU 2463 Health Dept 118 001 CPU 2524 Health Dept 119 001 CPU 2443 Health Dept 120 001 CPU 2461 Health Dept 121 001 CPU 2594 Health Dept 122 001 CPU 2576 Health Dept 123 001 CPU 2582 Health Dept 124 001 CPU 2521 Health Dept 125 001 CPU 2554 Health Dept 126 001 CPU 2564 Health Dept 127 001 CPU 2919 Health Dept 128 001 CPU 2438 Health Dept 129 001 CPU 2578 Health Dept 130 001 CPU 2913 Health Dept 131 001 CPU 2197 Health Dept 132 001 CPU 2921 Health Dept 133 001 CPU 2590 Health Del:)t 134 001 CPU 2447 Health Dept 135 001 CPU 2469 Health Dept 136 001 CPU 2186 Health Dept 137 001 CPU 2562 Health Dept 138 001 CPU 2479 Health Dept 139 001 CPU 2495 Health Dept 140 001 CPU 2436 Health Dept 141 001 CPU 2552 Health Dept 1421 001 CPU 2486 Health Dept 1431 001 CPU 2437 Health Dept 144 001 CPU 2484 Health Dept 145 001 CPU 2541 Health Dept 146, 001 CPU 2454 Health Dept 1471 001CPU 2465H~~u~/~A ~T~ / FEB - 8 2000 148' 001 CPU 2514 Health Dept 1491 001 CPU 24591Health Dept 1501 001 CPU 2489 Health Dept 151 001 CPU 2508 Health Dept 152 001 CPU 2530 Health Dept 153 001 CPU 2592 Health Dept 154 001 CPU 2195!Health Dept 155 001 CPU 25961Health Dept 156 001 CPU 2538 Health Dept 157 001 CPU 2599 Health Dept 158 001 CPU 2476 Health Dept 159 001 CPU 2450 Health Dept 160 001 CPU 2518 Health Dept 161 080 AST Bravo 1506 Elections 162 080 AST Bravo 1087 Elections 163 080 AST Advantage 950500 Elections 164 080 AST Advantac~e 950499 Elections 165 080 AST Bravo 940222 Elections 166 060 NCR CPU 930852 Property Appr 167 060 NCR CPU 930866 Property Appr 168 060 NCR CPU 930850 Property Appr 169 060 NCR CPU 930859 Property Appr 170 060 NCR CPU 930853 ProperL7 Appr 171 060 NCR CPU 930843; Property/Appr 172 060 NCR CPU 930845 Properb/Appr 173: 060 NCR CPU 930851 PropertyAppr 174i 060 NCR CPU 930846 Propert,/Appr 175 060 NCR CPU 930858 Properb/Appr 176 060 NCR CPU 940660 Propert)/Appr 177 060 NCR CPU 940719!Propert)/Appr' 178 060 NCR CPU 940721 Property Appr 179 0601 NCR CPU 940720 Properb/Appr 180 060 NCR CPU 941056 Proper17 Appr 181 060 NCR CPU 940716 Property Appr 182 060 NCR CPU 940718 Property Appr 183 060 NCR CPU 940722 Properb/Appr 184 060 NCR CPU 940725 Propert~ Appr 185 060 NCR CPU 940724 Properb/Appr 186 060!NCR CPU 940723 Propert7 Appr 187 060 NCR CPU 940717 Propert7 Appr 188 060 NCR CPU 940726~ Property Appr 189 060 NCR CPU 950669' Propert)/Appr 190, 060 NCR CPU 950790 Property/Appr 191 060 NCR CPU 950672 Property Appr 192 060 NCR CPU 950668 Properh/Appr 193 060 NCR CPU 950670 Property Appr 194 408 Gateway P75 950956 Water Dist 195 408 Power Premium 930175 Collections 196 001 Gateway P75 960190 Solid Waste 197 001:8 HP 486 CPUs IT- 800mHz 198 No. ,,;', FEB - 8 2000 I 1991I I I ] SURPLUS PROPERTY - INVENTORY 201-299 Computer Monitors ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 201 408 CTX Monitor 202 001 Digital 2483 Health Dept 203 001 Digital 2903 Health Dept 204 001 Digital 2922 Health Dept 205 001 Digital 2510 Health Dept 206 001 Digital 2523 Health Dept 207 001 Digital 2920 Health Dept 208 001 !Digital 2914 Health Dept 209 001 Digital 2497 Health Dept 210 001 Digital 2517 Health Dept 211 001 Digital 2442 Health Dept 212 001 Digital 2509 Health Dept 213 001 Digital 2591 Health Dept 214 001 Digital 2907 Health Dept 215 001 Digital 2726 Health Dept 216 001 Digital 2549 Health Dept 217 001 Digital 2912 Health Dept 218 001 Digital 2781 Health Dept 219 001 Digital 2507'Health Dept 220 001 Digital 2955 Health Dept 221 001 Digital VT Health Dept 222 001 Digital 2539 Health Dept 223 001 Digital 2500 Health Dept 224 001 Digital 2583!Health Dept 225 001 Digital 2424 Health Dept 226 001 Digital 2577 Health Dept 227 001 !Digital 2534 Health Dept 228 001 :Digital 2462 Health Dept 229 001 Digital 2770 Health Dept 230 001 Digital 2458 Health Dept 231 001 Digital 2528 Health Dept 232 001 Digital 2764 Health Dept 233 001 Digital 2513 Health Dept 234 001 Digital 2961 Health Dept 235 001 Digital 2767 Health Dept 236 001 Digital 2668 Health Dept 237 001 Digital 2553 Health Dept 238 001 Digital 2763 Health Dept 239 080 CTX Monitor Elections 240 080 CTX Monitor Elections 241 080 CTX Monitor :Elections 242 080 TrX Monitor Elections 243 408 VT 320 890309 Collections 244 408 VT 320 890310 Collections 245 408 VT 320 C JlleC~#OA ITEl~ -- NO. ~"' FEB - 8 2000 246 408 ~VT 320 900311 Collections 247 408 VT 420 Collections 248 408 VT 320 890635 PW Admin 249 25O 251 252 253 254 255 256 257 258 259 26O 261 262 263 264 265 266 267i 268 269 27O 271 272i 273 274I 275 276] 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 ~OA JT,[JI FEB - 8 2008 297 298 299 SURPLUS PROPERTY - INVENTORY 301-399 Printers ITEM IFUND I ITEM DESCRIPTION/SERIAL# IASSET# IFROM 301 408 Epson LQ 1070 302 408 Epson LQ 1070 303 408 Epson LQ 1070 304 080 HP Laserjet Elections 305 408 HP Laserjet II 890767 Collections 306 001 HP Laserjet III 910538 Pelican Bay 307 001 Mac Printer 921116 Pelican Bay 308 3O9 310 311 312 313 314 315 316 317 318 319: 3201 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 ...... .~,, - FEB - 8 ZOO0 395 396 397 398 399 SURPLUS PROPERTY - INVENTORY 401-499 Typewriters/FAX Machines ITEM ]FUND I ITEM DESCRIPTION/SERIAL # IASSET# IFROM 401 010 Panasonic TyDewriter 85854 Clerk 402 010 Panasonic Typewriter Clerk 403 010 Panasonic Typewriter 871480 Clerk 404 010 Hitachi HiFax 911204 Clerk 405 406 407 408 409 410 411 412 413 414 415i 416 417 418 419 420 421 422 423 424 425 426 427 428 429 43O 431 432 433 434 435 436, 437 438 439 440 441 ~, - No. _ /~:~ / ~ '-~ FEB - 8 2000 ~ Pg..~,_ _,~.: .. 493 494 495 ~ 496 497 498 499 SURPLUS PROPERTY - INVENTORY 501-599 Other Office E0uipment ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET# IFROM 501 001 Microdyne Asynchronous Server 2715 Health Dept 502 010i Lanier Recorder 83295 Clerk 503 010 Dictaphone Clerk 504 010 Cassette Duplicator 91433 Clerk 505 010 Cassette Reformatter Clerk 506 010 Lanier Recorder 88958 Clerk 507 010 Recording Unit 6395 Clerk 508 010 Dictaphone 10638 Clerk 509 010 Xerox Copier Clerk 510 511 512 513 514 515 516 517 518 519 520 521 522! 523 524 525I 526I 527, 528 529 53O 531 532 533 534 535 536 537 538 -- 539 Ar~o^ FEB - 8 2000 591 ~ 592 593 594 595 596 597 598 599 SURPLUS PROPERTY - INVENTORY 601-699 Miscellaneous Non-Electrical Items ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET# IFROM 601 408 3" Homelite Mud Hoc~ Pump Not Workin9 86111 Water Dist 602 408 3" Homelite Mud Ho(g Pump Not Working 8238 Water Dist 603 408 Pressure Washer Water Dist 604 001 280' Radio Tower IT - 800mHz 605 606 607 608 609 610 611 612 613 614 615 616 617~ 6181 6191 62O 621 622 623 624 625 ~26 ~27 628 62~ 63O 631 632 633 634 ~35 636 637 - .7,."7 .... ~,"~,~ FEB - 8 2000 689 690 691 692 693 694 695 696 697 698 699 SURPLUS PROPERTY - INVENTORY 701-799 Miscellaneous Electronic Items ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 701~ 001 Floor Buffer 920684 Parks & Rec 702 83 Traffic Controllers Road & Bridge 703 36 Traffic Monitors Road & Bridge 704 2 Boxes Timer Parts Road & Bridge 705 NCR 9825 Mainframe S~/stem Tax Collector 706 NCR 3447 UNIX S~/stem Tax Collector 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723, 724' 725 726 727 728 729 730 731 732 733 734 735 " AC~NOA ~TE~. , FEB- 8 2000 787 788 789 79O 791 792 793 794 795 796 797 798 799 SURPLUS PROPERTY - INVENTORY 801-899 Office Furniture ITEM IFUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 801 001 12 Side Chairs Facilities 802 001 4 Desks Facilities 803 8O4 805 8061 807; 808 809 810 811 , 812 813 814 815 816 817 818 819 82O 821 822 823 824 825 826 827 828 829 83O 831 832 833 FEB - 8 2000 885 886 887 888 889 89O 891 892 893 894 895 896 897 898 899 SURPLUS PROPERTY- INVENTORY 901-999 File Cabinets, Other Storage Cabinets ITEM {FUND I ITEM DESCRIPTION/SERIAL # IASSET # IFROM 901 408 6 File Cabinets Collections 902 001 6 File Cabinets Facilities 903 001 Large Storage Cabinet Code Enforc. 904 9O5 9O6 907 9O8 9O9 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929i 930 931 A6£ N,O A ITEN FEB - 8 2000 0 0 ~ ~ Z [,. .< .-., 0 0 0 0 0 e-. ~ ~ m, ,..- FEB - 8 2000 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 8, 2000 Naples & Urban Collier County Park Impact Fees (Fund 368) Budget Amendment #00-120 Other Contractual Services $5,088 Reserves Reserves for Capital Outlay (5,088) Total: -0- Explanation: Funds are needed to cover the charges by Building Review and Permitting for the processing of, collection of. and disbursement of impact fees. Other Miscellaneous Services Reserves Reserves for Capital Outla.~ Total Explanation: Goodland. Parks & Recreation (Fund 306) Budget Amendment #00-128 $9,975 (9,975~ -0- Funds are needed for two appraisals of property for a boat ramp and park facility in Office of Manage~nent & Budget (Fund 001) Budget Amendment #00-129 Personal Services County Administrator $(3,200) Capital Outlay 3,200 Total -0- Explanation: Funds are needed for the purchase of a replacement laser printer. The existing model has insufficient memory capability. AGENDA ITEM No. FEB - 8 2O0O Pg. / ..... Museum (Fund 198) Budget Amendment #00-130 Improvements - General $9,975 Reserves Reserves for Contingency (9,975) Total -0- Explanation: To provide funding for materials to build a Seminole War Era Fort. costs contributed at no cost to the County. Design and labor AGENDA ITEM No. /a t_-: c~) FEB - 8 2000 pg._ EXECUTIVE SUMMARY PURCHASE OF ONE (1) MEDIUM-DUTY ADVANCED LIFE SUPPORT AMBULANCE FROM AMERICAN LAFRANCE MEDICMASTER CORPORATION USING CITY OF JACKSONVILLE BID SC-0384-98. OBJECTIVE: Obtain Board of County Commissioners approval to purchase one (1) medium-duty advanced life support "Medic Master" ambulance from American LaFrance Medicmaster Corporation using City of Jacksonville Bid SC-0384-98, Emergency Medical Care Vehicle. CONSIDERATION: Section XIII B of the Collier County Purchasing Policy allows the County to join with other units of government in cooperative purchasing ventures. The City of Jacksonville awarded a contract for medium-duty advanced life support ambulances which affords Collier County the opportunity to purchase under the same terms and conditions. Purchase of one ambulance is required. (This ambulance is a growth unit funded by Impact Fees. appropriated by the Board for purchase this fiscal year.) The City of Jacksonville bid base cost was $131,486.00. Using the City of Jacksonville's base and eliminating some equipment not consistent with our existing fleet, Collier County's purchase price is $114,948.75 per ambulance. "Medic Master" has agreed to build this unit without a price increase. Each company which builds ambulances has different box structures, wiring, air conditioning systems, equipment, and repair parts. Of the 22 ambulances currently active within the Collier County fleet, 21 were purchased from American LaFrance Corporation since 1995. The quality, performance, and dependability of these ambulances have been excellent. Maintenance and upkeep have been fairly simple. All Fleet Management mechanics have been trained on repair and maintenance of "Medic Master" ambulances, and a standard repair parts stockage has been established. Product support from American LaFrance Medicmaster Corporation has been outstanding. Additionally, the structure and other safety items have been judged superior to products of other ambulance companies surveyed by Collier County staff. Considering these factors, standardizing the County's fleet with "Medic Master" ambulances is considered in the best interest of Collier County both operationally and economically. FISCAL IMPACT: The cost of purchase one (1) medium-duty advanced life support ambulance is $114.948.75 The funding will come from EMS Impa,',* e~ se^ ...... ~AGEND~iTEi~ No. I~ g~ , ''5 3 o 2'300 !:'9., GROWTH .~,IANAGEMENT IMPACT: The ambulance is a growth unit as approved by the Board. RECOI~II~IENDATION: Purchase one ( I ) medium-duty advanced life support "Medic Master" ambulance from American LaFrance Medicrnaster Corportation using City of Jacksonville's Bid SC-0384-98 at a purchase price orS114,948.75. SUBMITTED BY: '""~.~,,.. ~Ik.o t ~ Date: I-2.e~ -/,.,~-~ Emergency ' Tom ~uire, Commander, Medical Se~ices Depam merit Flagg, C~. Emergency ~erv~ccs Department qStcx c C~rnctl. Purchasing/General Services Director APPRO\'ED t¸, .~' · Date: "-- Michael.A McNees, Acting County Administrator DF JACKSONVILLE, FLORIDA ...,v~N;,STRATION .AND FINANCE DEPARTMENT PROCUREMENT ANI~ SUPPLY DIVISION bs, Chief BILLING/DELIVERY INQUIRIES TO: RICHARD MILLER (904) 381-8471 BUYER JAMES BRIDGES (904) 630-1188 DATE 12/22/98 PURCHASE ORDER BID/CONTRACT NO DELIVER 01 H.A.R 99 TERMS NET 30 FOB DELIVERED PO 002475 VENDOR AERO PRODUCTS CORPORATION PO BOX 1707 DELIVER TO SANFORD FL 327721707 CONTACT TEL-NO BILLING/DELIVERY INQUIRIES TO: RICHARD MILLER (904) 381-847I ITEM DESCRIPTION UNIT PRICE EXT AMT ADMINISTRATION/FIN~NCE DEPARTMENT FLEET M~AGEMENT DIVISION 2581 COMMONWEALTH AVENUE 3ACKSONVILLE FL 32254 I 1999 FREIGHTLINER RESCUE AS PER CITY BID INTERIOR & EXTEFZOR a~ Drm S?FCS C!TY BID ~SC 03C4-$G DEPT:FIRE AGENCY:52242 VALUE FROM 311 BASE PRICE $131486.00 CUMMINS ENGINE CREDIT -2930.00 2 VECTRA SIREN SYSTEM CURB SIDE ~STEP DOWN! THERMAL ENGINE FAN BACK-UP CAMERA SECOND A/C COMPRESSOR 1100.O0 250.00 378.00 1100.00 1365.00 3 (4) FOUR ALUMINUM RIMS CHALLENGER ALTERNATOR REAR SWAY BAR MAP LIGHT TOTAL 712.00 420.00 625.00 48.00 $134554.00 4 VALUE FROM 311 UNIT NUMBERS 3773, 3780, 3789, 3791, 3792, 3803, 3812, 3815, 3816, 2476, 2155 CONTACT: B08 IVEY PH ~800-292-2370 5 OPERATING HOURS ARE 7:3OAM TO 3:OOPM MONDAY THRU FRIDAY FLEET MANAGEMENT EMPLOYEE WILL ONLY BE RESPONSIBLE FOR SIGNING FOR DELIVERY RECEIPT OF VEHICLE~S~. NOT FOR INSPECTION. tQUAN [ UOI . 134,554.O0 .000 1,210,986. 10 .OO0!10 .OOO10 .OOO~10 .I AGE~DA ITEM ' No._ ~\/,,' ~''' £B 2000 TOTAL 1,210,98~.0, SPECIAL BILLING INSTRUCTIONS INVOICE IN TRIPLICATE TO GENERAL ACCOUNTING DIVISION 117 W. DUVAL ST.. SUITF .~7~ MANUFACTURER'S FEDERAL EXCISE TAX EXEMPT NO:59-89-0120K FLORIDA STATE SALES AND USE TAX EXEMPTION NO: 26-08-107377-54C CITY OF JACKSONVILLE, FLORIDA ADMINISTRATION AND FINANCE DEPARTMENT PP~'~IJREMENT AI~ SUPPLY DIVISION U~Jacquie H. Gibbs, Chief BILLING/DELIVERY INQUIRIES TO: CECIL MCKINNEY (904) 381-8275 BUYER VENDOR 3~MES BRIDGES (904) 630-1188 AERO PRODUCTS CORPORATION PO BOX 1707 SANFORD FL CONTACT TEL-NO PURCHASE ORDER PO BID/CONTRACT NO -'4~%.' ® DELIVER PER BID SPEC DATE 6/10/98 TERMS NET 30 FOB DELIVERED SC038498 ITEM DESCRIPTION 327721707 1 1999 FREIGHTLINER RESCUE AS PER CITY E×TF~!OR/~Tr~n~· ~ mFm ~FC~. DELIVER TO ADMINSTRATION/FINANCE DEPARTMENT FLEET PL~NAGEMENT DIVISION 2581 COMMONWEALTH AVENUE JACKSONVILLE FL 32254 BILLING/DELIVERY INQUIRIES TO: CECIL MCKINNEY CITY BID # 5C-0384-98 DEPT: FIRE ACCT # 52242 UNIT ~ 3373 & 3376 2 BASE PRICE OPTION PACKAGE: eCUMMINS ENGINE (CREDIT) RADIO HEAD SET (3 WAY) eVECTRA SIREN SYSTEM 3 e CURBSIDE STEP (DROP DOWN) ~'ERMAL ENGINE FAN ;K-UP CAMERA .COND A/C COMP, 4 ,FOUR ~4, ALUMINUM RIMS eCHALLENGE~ ALTERNATOR 'REAR SWAY BAR .MAP LIGHT TOTAL VALUE FROH: 311 131,486.00 2,930.00 2,800.00 1,100.00 250.00 378.00 1,100.O0 1,365.00 712.00 420.00 625.00 48.00 $137,354.OO QUAN UOI 2 EACH O 092705 (904) 381-8275 UNIT PRICE EXT AMT 137,354. O0 274,708. .000110 .OOOilO ,0 .000110 AGEND~ No, ~_c,, ~-, ~ F E B 0 [; 2000 Pg. TOTAL 274,708. SPECIAL BILLING INSTRUCTIONS INVOICE IN TRIPLICATE TO MANUFACTURER'S FEDERAL EXCISE TAX EXEMPT NO:59-89-0120K FLORIDA STATE SALES AND USE TAX ~ m F E B 0 ~ 2000 P~. .,~ SUBJECT: EMERGENCY MEDICAL CARE VEHICLE BID NO. SC-0384-98 DATE OPENED MARCH 25, 1998 GENERAL GOVERNMENT AWARDS COMMITTEE KIND BASIS OF CONTRACT: SUPPLY CONTRACT FROM DATE OF AWARD THROUGH OCTOB 30, 1998 FOR FLEET MANAGEMENT/ FIRE/RESCUE BASIS OF AWARD: BY ITEM Number of Bids Invited: 10 Number Received: 1 BID Other: SUMMA~Y OF BIDS AND RECOMMENDED ACTIONS: RECOM24END AWARD TO LOW CONFORMING BIDDER, AERO PRODUCTS CORP., ESTi~Z~TED AMOUNT OF $525,944.00, PLUS OR MINUS ANY OPTIONS. AT/AiP=- .LRE: TABULATION SHEET AND LIST OF OPTIONS LETTER OF RECOMMENDATION FROM USER LETTER OF PROTEST FROM WHEELED COACH 4 NO BIDS IN THE TOT BLrYER:~~~~ RESPECTFULLY S~ITTED~_~F~_~' /~. ~~S ~ C~.!RE NOWLiN, SR. B~ER -~k~UlE H. GIBBS, CHIEF PROCUREMENT & SUPPLY Concurrence By: R. L. ELLIS, FLEET COORDINATOR/SUPERVISOR/TSF/JFRD ************************************************************************ (AfLL AWARDS ACTIONS SUBJECT TO AVAILABILITY OF Fi/NDS) ACTION OF AWA3~DS COMMITTEE ON RECOMP~ENDATIONS ~dBOVE DATE: APR 2 ~ ~9t~ ME.BE OVING ~E~ D IS~PROVING OTHER AGENDA ITEM 2 00" -- ............ ~g ********************************************************************** ,:~CTION OF AWNING A~I~ Date: APR 2 4 1998 ~proved ~ Disapproved: Other: EXECUTIVE SUMMARY REQUEST APPROVAL TO WAIVE THE SPECIAL EVENT EMS STAND-BY SERVICES FEE FOR THE LPGA SUBARU MEMORIAL OF NAPLES GOLF TOURNAMENT. OBJECTIVE: To obtain Board approval to waive the Special Event EMS Stand-by Services fee for the LPGA Subaru Memorial of Naples golf tournament. CONSIDERATION: The LPGA Subaru Memorial Golf Tournament has requested a waiver of the Special Event EMS Stand-by Services fee in recognition of their charitable contributions back to the community. Pursuant to Collier County Ordiance 96-36 and Resolution No 98-419 the Board of Ce, ar:t> Commissioners may waive fees for community special events that serve a valid public purpose The Board, by Resolution, has waived the Special Event fee for the following events: Collier County Fair, Everglades Seafood Festival, Senior PGA, Nuveen Masters, and Collier County Public Schools varsity football games. Last year, the Special Event fee was waived fo~ the LPGA GolfTournment. FISCAL IMPACT: The Special Event EMS Stand-by Services fee is seventy-five dollars ($75.00) per hour. There were 71 hours of coverage provided resulting in a special event fee of $5,325.00. GROX, VTH MANAGEMENTIRiPACT: None RECOMMENDATION: That the Board approve a waiver of the Special Event EMS Stand-by Services f~GA Subaru Memorial of Naples golftournamem /. ,/, / Dil~ne B Flagg, Chief, Emereencv Sd'vic~s Department I ( '~ MichaelA McNees, ActingCount~~ AGENDAJT~ 9 0 8 2[300 RESOLUTION REsOLuTION APPROVING I.~ER FEES FOR COLLIER COUI~ AMI~LANCE IERVIGE~ PUR.,~iUANT TO COLLIER CO~ ORD/NANOE N~. M - ~; ADOP~NG JlJLUN(~ AND COLLECTION PROCEDURE; fq~OVIDINO ADJU81'MI~HT~ AND WAWERS; AND APPROVII~i HARDSHIP P~.~E1 AND PAYMENT PLAN6 Wt~REA~, Collier C~unW Ernerg~ MeflJcel refe~ed ~ a~ 'EMs~ p~ ~u~ ~a~ Cou~y; a~ through ad ~lo~m t~ea and user f~; ~ER~= Collier Coun~ ~uims an adjust~nt to ~e user t~ ~identa a~m of Coaer County; end emDu~ce aeries m~ CommisSure (h~lna~r Jo~m~ NOW, ~EREFORE, BE ff RESOLED BY THE BOARD OF COU~ COMMI~ION~8 OF CO~IER S~CTI~ ONE; EMS US~ FEES A. EMS AMBULANCE 'TR. ANSPOI:~T BASE RATE $ 300 I~. EMS AMBUL,ANCE TRANSPORT PER MILE $ 5 - IN COUN?Y TRANSPORTS CAPPED AT 7 MILES - ACTUAL MILEAGE FOR OUT OF COUNTY INTERFACILITY TRANSt~O~'rS C. SPECIAL EVENTS: - TWO (2) MEI31CS/ONE VEHICLE (I~ER HOUR) $ 75 - ONE. (1) MEDIC/"NO VEI-~CLE (PER HOUR) $ 40 D. CO~IF-S OF DOCUMENT~IPER I~AGE (~,[CLUDING GOVERNMENTAL AGENCIES) E. INTERF..ST ON PAST DUE. ACCOUNTS AGENDA ITEM No. Ill A,:P- FEB 0 8 2000 Pg. SECTION TWO:. !BILLING AND COLLEC'T1ON PI~OCEDURE The ~l~n~ .h~ ~ ~ ~m~ g~i~s pr~s f~r a~an~ ~ f~ ~d ~u~ red'bio ~s~a~ I~ger ~ ~ ~ ma~l~d ~ ~ R~ua Se~ De~nt. I. The Coun~ ~1t ~d ,~ initial btll ~ ~e sauce mcipient's or .~p~lbte p~y'a lnsur~ ~er provlde~ ~at app~prla~ :Depa~ent. ~e Reven~ Se~i~s De~t ~1 a~pt Mediate ~nmen~ as a paffic~pattng p~Mer, and ~II ~it no I~s than 45 d~ ~r ~ ~ ~i~re ~ ~r i~u~ =the claim ~ den~d, a ~11 ~lt ~ ~ m ~e se~1~ ~c~nt or ~s~ible 2. ~e ~n~ ~11 a~ s~ a ~1! ~ appr~ate i~n~ Info~a~ ~ ~ ~l~le to L~ Re~ue ~laes De~a~nt ~ ~e ~ ~e se~i~ re~nt or raspon~b~ 3. ~ln t~ e~nt ~e se~ red~ie~ or a~s ~t p~e p~ ~ ~,uran~ ~. ~e ~11 for ~n~ ~ ~r pay~nt. The Revere Se~s Depa~nt wll~ wa~t ~ less ~an 30 ~a~ for ~e ~t[owing ~t ~ur if pa~ent a~ set gu~nes: ~ov~i0ns (45 ~ays ~ AGENDA ITEM FEB 0 S 2000 Pg...,~ day~ after billing Medicaid and ;30 days after bllilng reaponslble party or eewl~ c. ~r a ten (10) d~ ~ ~, ~a ~ C. I~t will ~ ~ mt I% ~ ~n~ on ell a~un~ ~t are D. A reuo~ble and cmto~ ~nt pan will ~ m~ ~alla~e ~r mctplent o~ ~s~o~ble ~' at a~y t~ ~il ~ mae[ ~1~ of th~ pay~nt plan, t~ ~paid batan~e ~hell be adminls~ in e~nce ~ ~ B.3 E. W~n ambulan~ ae~ bill(a), at ~y s~e ~l~on pm~um, am mtu~ became ~a~nab~ e~o~ to es~ln a ~ a~as ~, t~ ~y' ~ ~lde~ f~ o~er ~[la~ .[lernattves. F. Not~ing ~n~ined tn ~ts ~o. ~all t~eph~e or other a~mpria~ ~ntact for bltlln~ ~d pur~ses, tn accor~n~ ~ all ap~l~b~ C. Th~Out t~ fls~t year, t~ Revenue S~s Depa~nt shal~ ~H~ a# ~t ~ a~ and mp~ 1o ~e ~ ~ ~unty C~mlsstonem ~ an a~l ~s, ~ ~1 ~st due ~n~ w~ am ~v~ ~ ~ un~le. ~e ~d shalt, a~er rev~ng th~ ~st due ao~unts and a~et ~nding that ~ll~nt ~aeciio~ ~ave pro~n u~u~ssful, remove ~ese a~um~ ~m e~ ~ounts m~ble l~ a~ance ~th ' ' AGENb~ITEM No~ 1~ ~ ~ _ FEB 0 8 2000 pg., ~ , SECTION THREE.' ADJUIrrMENT OF EM8 USER FEELS ~ follcr~'ng sherf be rnlr~rnum guidelines for adjustments aml0u[ance service fe~. Other adjustments am au~ort2ed b~ lhe Boa~ of County Commlsetonem in eooordance web ~a'fte~ia elrtabt~hed by the enabling Cor~tractuat ed/u~tments under Medicare assfl~nment writ be mac~e tn ac~orclan~ applicable rules and reguhatlons 9. VICUm's Comoensatlon Contril;tual Ad~_t~lents Cona'ao~el adjUStments wil/ be rn~e in acoordance with al~icab~e ~ules end regulations SECTION FOUR: WAIVER OF EMS ~R FEE launa~nt to Ordinance No, g6 - 36, and from the efferJ~ve date of Resolution, user fees for EM~ ambulanc~ stand-by aervtoet, for the following cornn~nlty special events shall be waived es the Boar:l flncL~ that a valid oUbJtc purl~ose ts hereby eatablisheO in recognffion of their ch~rltabte oontrtbuflons to the Community:. (1) Collier County Fair;, (2): Evergtedes 8eafOod Festival; [3) ~enior PGA; end (4) Masters; (5) Collier County Public Schoo{ varsity football games. Fees for other community aDeclat events may be waived in ecoordanoe with c~teria established b~.. the ensuing Ot~ir~nc~_ SECTION FIVE: HARD~&HIP CA,~4[$ AND PAYMENT PJ. AN~ The Boarcl recognizes that certain service recipients may need to be IclentJfled eric processed es hardshlp cases. Peyrnen[ plans wilt be established pursuant ~o the ~ Hardsl~[p caa~ wilt be establl~h~:i [t~ acoordence w~ the ~tat~'a Financial ha~ehfp guiCetine~, es used t~y 1-4R.e~lif~r ~.ounty, B. Payment plans for hardship cases wifl be set up o~ a monthly besls, with minimum peyme~ :~f $'}&[~O per rno~. F~rd~h~p ~as,,a~, pta4~d on a pay~nent ptan will nOT accrue intera~ or be pieced into oollection,, Nohvithstandlng the foregoing, if e Derlod longer then two [2) months, th~ account will be turned over to the County~ contracted collection agency and Interest will begt~ to accrue. SECTION SlX: ~IUPER&ESSlON OF RESOLUTION 96-303 - AGENDA i'TEM ' No. !O ~ ,-~ _ FEB 0 8 2000 pg. H t This R~solution sl~all su~mKle R~lL~lon No. g5-3t~ ~OARD OF COUNTY COMMf~IONEI~6 OF COLLIER COUNTY, FLORIDA AGENDA. ITEM No~.. ~ ~ ,-~ FEB 0 8 2000 Pg. ~ ~P~M~ O~~l NO, 94-44; ~~ roz ~LX~ Un W~, ~e Colli~ ~oun~y Board (hereinafter wometi~os ref~ed to a.'"~ ~oa~") (hereinafter .~timem referr~ to as N~.) to the citizene and visitors of Collier Countyi end WHEREAS, t~ annual EMS operating budget ia funded exclusively through ed valorem taxem and user floe; end the Board has re~olved that At is appropriate ~hat the ueere o! much services pay for the'services provided, in accordance with an eetablieheO rate schedule; end WHEREAS, it ie necessary to e~blieh billing and ccllectton t~et cone£etency be provided for in the application cf theme procedures to tl~e pu~ttc. ,,~c~ j~ NOW. THE~tEFORE, BE IT O~AI~ED BY ~E BO~D ~OF ~~ CO~I~IONERS OF. C0~I~ COUNTY, F~RIDA, that: ~-- ~~ BB~XOW OM.Bt ~XN~ ~D ~PO~B ~ ~ ~ ~suan~ ~ SectAo~ 125.01 (1) (~), Florida S~tute th~caFd of CountF Cc~imlionmrs of C~ll/er count~, FX~ri~ ~in~ ~ha~ it is findings, it is =he pu~po~ ~ ~is ordin~ce =o upda~e the c~n billing and collation procedures f~r Cou~mty ambulance services. fICTION ~OI ~X~",B MD CXTATZO~ .~-~%~7~t_.p Ordinance shall ~ known and may be cited &I tl~e "Billing AGENDA ITEM / Pa, c.¢ I of 3 FE;3 0 8 2000 Oan-12-O0 02:48P 941 348 4479 , P.01 Cleveland Clinic Florida Naples January ].~,* 3.30t lda.~r Tallldami Trail .~4, 1 ~ The ~hadtable organization I~nefRing from ltae I. PGA Subaru Memorial Golf Toufl. mma~ ar~ as follows: The Philharmonic League, The Boy~ amd Gills Club of Naples~ Tho G~eater Naples Little L~ague, and the Nor~ N~ Rotm~ Club. Carol J. McConn Chief Nur~ IJ. xCCUT[ ~ ¢ CI**'¢land rE:tin/,.'/-'it, r/eta Nuplc~ Sub~ Menlorial AGENDA ITEM No. ~_~,~ _ FEB O 8 2000 I~CT~ON ~B~: APPLXCABILXTY This Ordinance shall apply to services provided in 'rat~, tess ~d chargen m~y ~ ~v~.trom tt~e to tl~ by ~l ct county c~oners or County ~n~s~ator ~n accordance .w~ criteria eB~bl~shed by th~s ~d~n~nce. Waivers are limited · Valid ~bl~C · Estates ~ba~ have no as~t~ (for deceas~ o~ incompetent The S0ard of County Co~issioners ~Y establish guidel~nes in aO=ordance with State law for ~he proces~img of hardship cases and pa}~ent plans. JIOTXOB FIVBI BX~I~G ~D CO~ION procedural and collection pr~odures' by r~olution for Collier County s~pp~ented ~ policies or procedures estmbl~e~d by the County Administ~tor. Se~ice rectpi~t or ree~ngible pattiei, who do not provide insur~ce info~ation will ~ respo~ible f~ pay~nt in accordance with criteria established by this Ordinance. The R~enue Services Departmon= shall bill Medica~o and Hedica~a for eligible %mbUlince Bervioe recipl~t~ in a~rdance W~ch provider l~ ~cordance with lp~ic~bll Hediolre ~d ~i~id ~leo. Procedures for Medicare and Medicaid billing will ~ ~tabliahed by the Board of County Co~ssioners or ~e Co~ty Administrator accordano~ with criteria eatablimhe~ b7 ~hL80rdi~nce. Thir~ p~y billing aSstg~en~ of parents shall ~ Iccep~ed AGENDA F E 0 ,/ F~:9~l-6~-SZ~6 C~ $ '96 15:~6 P. ~t~ b~ng w~ ~ ea~abl~ahe~ by ~e Coun~ A~n~etFato~. ~ Revenue aerv~ce. ~pa~an~ ~ a~p~ cred~ ~a~ pa~ent of Collier Cou~ or o~er a~pltcab~..~v, tho =ore rH~tctlv. ~constttut/o~l ~ ~y co~t cZ competent Jurtadlcti~, such ~ion Tho prov~l~ons o~ ~h~s ordinance shall become and ~ made a part of ~o ~l o~ ~ws ~ Ordinances o~ ~llimr County, Fl~rt~. se~io~ o~ ~. ~dtnance ~y ~ re~mber~ or relett~od to scampish ~, and ~e word ao:di~, may ~ changed to "section", "a~cle", o: any o~er a~ropria:e word. Thio Ordinance shall become effective upon filing on JUly PASSED AND DULY ADOPTED by the Board of County C~mmissionars of . collier County, Florida, this ~ day of 1996. . j,;,,', ~.',' ', .. ,. ,, : H~idi-F. A-~h'co-~ BOARD OF COUNTY CONF~SSXON~RB OF COLLXER COUNTY, FLORXDA PaGc 3 of 3 AGENDA ITEM No. I FE3 0 8 2000 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 8, 2000 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 93-01924-MMA, 99-0236MMA, 98-8648MMA, 98-9723MMA, 98-10256MMA, 99-4172MMA, 99-7577MMA, 99- 1416MMA,99-0531MMA,98-10963MMA, 99-0431MMA, 98-10939MMA, 98- 6291MMA, 82-1003CJoA-21-CTC, 84-923C J-A-21, 84-925C J-A-21, 99-2019MMA, 93- 0122MI, 99-5163MMA, 99-0953MMA, 99-3626MMA, 99-3479MMA, 99-4248MMA, 98-11213MMA, 99-0128MMA, 88-3769-MMA and 90-1130-TM 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: o Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. January5-11,2000 B. January l2-18,2000 4. Districts: mo Collier Soil and Water Conservation District - Agenda for January 12, 2000 meeting and minutes of December 8, 1999 meeting and Lower West Coast Mobile Irrigation Laboratory Quarterly Report First Quarter - Fiscal Year 2000 Bo Port of the Islands Community Improvement District - Minutes of November 18, 1999 meeting Co Heritage Greens Community Development District - Minutes of July 12, 1999 and November 2, 1999 meetings; budget for fiscal year 2000 and Description of Outstanding Bonds Do Cedar Hammock Community Development District - Minutes of November 24, 1999 meeting and budget for fiscal year 2000 E. Lake Trafford Restoration Task Force - Agenda for January 28, 2000 meeting FEB OB 2000 5. Minutes: mo Lely Golf Estates Beautification Advisory Committee - Agenda for January 14, 2000 meeting and minutes of December 10, 1999 meeting Collier County Planning Commission - Agenda for January 20, 2000 meeting and minutes of December 1, 1999 meeting C. Hispanic Affairs Advisory Board - Agenda for January 27, 2000 meeting NO , "'-' ,~ FEB 08 2000 pg. ,'"-.; EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO ALLOW FOR AN EXPENDITURE OF $14,400 FROM THE GAC LAND TRUST TO COMPLETE THE DESIGN OF AN EMS AND FUTURE SHERIFF'S OFFICE SUBSTATION TO BE LOCATED WITHIN GOLDEN GATE ESTATES OBJECTIVE: To approve a Budget Amendment in the amount of Fourteen Thousand Four Hundred and No/100 Dollars ($14,400) which represents the remaining balance of funds originally allocated pursuant to an Agreement between Collier County, a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust ("Trustee") and Collier County, a political subdivision of the State of Florida for and on behalf of the Emergency Medical Services Department ("County"). The Agreement provided for a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) from the GAC Land Trust to purchase land and to initiate the design and engineering of an EMS and future Sheriff's Office substation to be located within Golden Gate Estates. CONSIDERATION: An original Budget Amendment in the amount of Fifty Thousand and No/100 Dollars ($50,000) was approved by the Board of County Commissioners on May 25, 1999 (Item 16G2) at the time the Agreement was also approved. On September 27, 1999, a Purchase Order was prepared upon the selection of a design firm. Unfortunately, the Purchase Order was inadvertently closed during the beginning of Fiscal Year 99/00 and thus the reason to obtain Board approval once again to approve a Budget Amendment. FISCAL IMPACT: All but $14,391 has been expended to date from the GAC Land Trust for the purposes outlined in the Agreement. The attached Budget Amendment will allow the remaining balance to be paid to the firm of Barany, Schmitt, Weaver and Partners, Inc. for architectural and design services for EMS Station #17. GROWTH MANAGEMENT IMPACT: This project would be inventoried as part of the Growth Management Plan for EMS/Government Building Facilities. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment. SUBMITTED BY: , ~~ ~,~ ,t DATE: SANDP~I. TAYLOR, REAL'¥1:~DERTY MANAGEMEN~-~T'-0-'~' REVIEWED BY: .. ~'-,~/~ ;',' ~-~- DATE: GARY~VIr~,~ENT, OFFICE OF MANAGEMENT AND BLIOGET_ MIKE MCNEES, INTERIM COUNTY ADMINISTRATOR APPROVED BY: Budget AG ENp,A~IT~M No, iv ~-, .~ FEB 0 8 2000 EXECUTIVE SUMMARY PETITION NO. CU-99-33 WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING REPRESENTING RICHARD AND JEAN YAHL AND TERESA YAHL FILLMORE, REQUESTING CONDITIONAL USE "2" OF THE "A" ZONING DISTRICT FOR A SAWMILL, PER SECTION 2.2.2.3., FOR PROPERTY LOCATED ON THE SOUTH SIDE OF WASHBURN AVENUE SW IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant is seeking to obtain approval for Conditional Use "2," Sawmills, specifically to expand the land area upon which they currently operate a horticultural mulching/recycling facility in the Rural Agricultural "A" zoning district, which was granted orginal Conditional Use approval on January 27, 1998, and subsequent Conditional Use approval for a five (5) acre expansion in October of 1999. CONSIDERATIONS: The subject site consists of approximately fifteen (15) acres. Conditional Use approval to operate a horticultural recycling facility was granted on the front five (5) +/- acres in January, 1998 and the rear five (5) acres in October, 1999. The petitioner wishes to expand the land area upon which to operate, while minimally expanding the current mulching operation, on to the western five (5) acres of the site for a total site area of approximately 15 +/- acres. The manager of the recycling operation currently resides in the single family dwelling unit which exists on site. There is an additional single family dwelling unit on the western five (5) acres which will be utilized as an administrative office for the recycling operation. During the initial Conditional Use petition, the petitioner advised staff that the project would initially generate approximately 20 dump truck trips per day and about 24 to 30 medium duty trucks per day, for a total of 44 to 50 trips per day. Additionally, they advised that as the business grew, traffic generation would likely increase. At a maximum, staff was advised that traffic could generate 60 dump truck trips per day and 72 to 90 medium duty truck trips per day, for a total of 132 to 150 trips per day. New traffic that will be generated by the proposed expansion of the Conditional Use will not go beyond the maximum traffic advised during the initial Conditional Use. A maximum of 20 dump trucks and 45 roll-off containers will be stored at the front western comer of the site. A tub grinder will remain on the site and will be utilized to grind trees and limbs. Larger trees will be stockpiled on site and hauled off at a later time. A medium-sized endloader will be left on-site to load dump trucks and move the tub grinder around. Maintenance and minor repairs for the dump trucks will be accomplished on-site. A diesel fuel tank, not exceeding 500 gallons, will be kept on-site for the fueling of equipment. AGE. hI:)A ITEM .o./7,4 FEB 0 8 2000 PROS/CONS: The list below contains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4. of the Land Development Code requiting staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The negative effects associated with heavy truck traffic on residences located on Washburn Avenue will be minimized by the site's location and planned revised access point. The existing six (6) foot high opaque wooden fence and landscape buffeting along Washburn Avenue will be extended along the northern and western boundaries of the additional five (5) acres. The natural vegetative buffer which exists on the south and east sides of the subject site will substantially buffer the views of the subject site from neighboring properties. An existing sprinkler system on site can be used to reduce the dust generated from the mulching operation. According to the manufacturer, as an option, the tub grinder can be equipped with a water spray dust suppression system to reduce dust. Additionally, the equipment involved in the daily mulching operation will primarily operate towards the rear of the site, away from residential uses to the north. Since the original conditional use approval, the petitioner has paved Washburn Avenue from Landfill Road to just beyond the existing driveway entrance to the site. The revised site plan indicates the primary access for truck traffic will be relocated to the southwestern comer of the site, reducing the traveling distance for truck traffic by approximately 1/3 ora mile. The revised entrance will allow trucks to enter the site ~vithout passing any existing single family residential dwelling units. Surrounding properties have an agricultural zoning designation. Agricultural uses typically involve the use of heavy equipment and machinery. Agricultural production typically yields some type of return in terms of a product produced which is either used on site, or has a need to be stored on site and/or transported from the site to be used elsewhere. These are typical characteristics of the proposed use and are not unusual from other types of similar agricultural uses which may occur on the subject site or surrounding properties. CONS: Although heavy equipment operation is typically associated with Agricultural uses, the surrounding, existing land uses are more residential in nature than agricultural. For this reason, noise from the operation of machinery and noise associated with dump trucks coming and going from site could be obtrusive to surrounding property owners. Dust results from the production, storage and transportation aspects of the process. Waste, other than horticultural, could potentially be dumped and stored on site. There will be negative vis :al FEB 0 8 2000 Pl. ~- impacts from the storage of horticultural debris and mulch. Operation of machinery (specifically the tub grinder) may create a safety hazard to adjacent property owners. Different from the larger properties which are typically associated with agricultural production, the surrounding properties are primarily divided into five (5) acre tracts. If the proposed use was surrounded by agricultural properties of a larger size, the negative effects associated with the proposed use might be better mitigated. FISCAL IMPACT: This conditional use request 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 a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. This property will function more as a storage facility, so it is unlikely that additional structures will be built on site. GROWTH MANAGEMENT IMPACT: A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element: The property lies within the Agricultural/Rural Mixed Use Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). This land use classification provides for residential type of land uses at low densities coupled with uses which are Agricultural in nature. The Agricultural zoning district allows for a range of traditional agricultural and agricultural related activities, including single family residential land uses. The Land Development Code establishes a procedure which may result in approving a development order for sawmills in agriculturally zoned districts. This type of development is permitted under the Final Order issued to the County from the State Department of Community Affairs (DCA) regarding development outside of the urban area. To that extent, this petition is consistent with the FLUE. Traffic Circulation Element: The trips generated by the proposed use should not have a significant effect on the adjacent roadway network. Other Applicable Element(s): All development must comply with surface water management requirements invoked at the time of site development plan approval. /7 FEB 0 8 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff'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. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: The Planning Services staff recommends approval of this petition subject to the stipulations in the resolution of adoption. EAC RECOMMENDATION: This petition was not required to be heard before the Environmental Advisory Committee. PLANNING COMMISSION RECOMMENDATION: At the January 20, 2000 Planning Commission meeting a motion was made to forward a recommendation of approval for the requested conditional use, subject to the stipulations in the resolution of adoption. The motion passed unanimously. FEB 0 2000 PREPARED BY: -'S'USAN MURRAY, AICP ''J CHIEF PLANNER /- g/- 20.00 DATE REVIEWED BY: RONALD F. NINO, MANAGER CURRENT PLANNING SERVICES DATE ROBEI~T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION DATE Petition Number: CU-99-33, Yahl Mulching Facility NOTE: This Petition has been tentatively advertised for the February 8, 2000 BCC meeting. AC~r_NDA,. _.~ FEB 0 8 2000 MEMORANDUM AGENDA ITEM 7-M TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 21, 1999 PETITION NO: CU-99-33-Yahl Mulching Facility AGENT/OWNER: Agent: Owner: William L. Hoover, AICP Hoover Planning 3785 Airport Rd. N., Suite B Naples, FL 34105 Richard and Jean Yahl and Teresa Yahl Fillmore 1918 40th Terrace SW Naples~ FL 34116 GEOGRAPHIC LOCATION: The site is located on the south side of Washburn Avenue SW, approximately ~A mile north of 1-75 (Alligator Alley) and 2 % miles east of C.R. 951, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. REQUESTED ACTION: The applicant is seeking to obtain approval for Conditional Use "2," Sawmills, specifically to expand the land area upon which they currently operate a horticultural mulching/recycling facility in the Rural Agricultural "A" zoning district, which was granted Conditional Use approval on October 26, 1999. PURPOSE/DESCRIPTION OF PROJECT: The subject site consists of approximately fifteen (15) acres. Conditional Use approval to operate a horticultural recycling facility was originally granted on the eastern, fi'ont five (5) acres in January, 1998. The abutting five (5) acres to the south were added to the original five acres, and were approved in October, 1999. The petitioner wishes to expand the land area upon which to operate, while minimally expanding the current mulching operation, to the western five (5) acres of the site for a total site area of approximately 15+/- acres. The site has 686 feet of fr, 1 FEB 0 8 2000 2000 the south side of Washburn Avenue, and approximately 660 +/- feet of frontage on Richardson Way. Presently, a single-family dwelling unit and an out-building exist on the 1 O-acre site which was granted Conditional Use approval in October, 1999. An additional existing single family residence is located on the western five (5) acres, proposed for addition to the existing Conditional Use petition. The petitioner proposes to utilize this structure for an administrative office building in conjunction with the mulching operation. Prior to the original Conditional Use approval (in January, 1998), the eastern front 5 acres of the property were utilized as a wholesale plant nursery/potted plant operation. For this reason, they are nearly devoid of trees. The remaining ten acres are vegetated. The manager of the recycling operation and his family currently reside on the original site. During the initial Conditional Use petition, the petitioner advised staff that the project would initially generate approximately 20 dump truck trips per day and about 24 to 30 medium duty truck trips per day, for a total of 44 to 50 trips per day. Additionally, they advised that as the business grew traffic generation would likely increase. At a maximum, staff was advised that traffic could generate 60 dump truck trips per day and 72 to 90 medium duty truck trips per day, for a total of 132 to 150 trips per day. New traffic that will be generated by the proposed expansion of the Conditional Use will not go beyond the maximum traffic advised during the initial Conditional Use. A maximum of 20 dump trucks and 45 roll-off containers will be stored at the front of the western five acre parcel. A tub grinder will remain on the site and will be utilized to grind trees and limbs. Larger trees, suitable for making lumber, will be stockpiled on site and hauled off at a later time. A medium-sized endloader will be left on-site to load dump trucks and move the tub grinder around. Maintenance and minor repairs for the dump trucks will be accomplished on-site, but all other repairs will be conducted off-site. A diesel fuel tank, not exceeding 500 gallons, will be kept on-site for the fueling of equipment directly involved in the mulching-recycling operation. The mulching operation generally operates in the following manner: Horticultural debris is dumped from trucks onto the site in windrows. Operating in conjunction with an endloader (the endloader maintains the piles of debris and mulch) the tub grinder's loader arm grasps horticultural debris from the piles, feeding it into the tub, which rotates and grinds the debris into mulch. The mulch end-product is discharged into piles via a 36 inch wide by 26 foot long heavy duty belt conveyor, at a discharge height of approximately 15 feet. The tub grinder is generally stationary while it operates but must be moved by the endloader as the windrows of horticulture are consumed and converted into mulch. Mulch is stockpiled and/or loaded onto tracks for disposal off site. SURROUNDING LAND USE AND ZONING: Existing conditions: The site currently contains two (2) single family dwellings, one located on the western 1/3 of the site and one on the eastern 1/3 of the site. There is an existing pole barn on the eastern 1/2 of the site. There are two (2) existing driveways located off of Washburn Avenue, and a proposed driveway from Richardson Way. 2 FEB 0 8 2000 Pg- ZONING LAND USE Surrounding: North- Agricultural South- Agricultural East- Agricultural West- Agricultural ROW and two single family homes and mobile homes on 5-acre lots. Vacant wooded. Single Family home on 5-acre lot. Richardson Way, 20+/- feet paved road GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The property lies within the Agricultural/Rural Mixed Use Residential designated area on the Future Land Use Map to the Furore Land Use Element (FLUE). This land use classification provides for residential type of land uses at low densities coupled with uses which are Agricultural in nature. It is important to note that the interim development provisions found in the Final Order No. AC-99-002 issued by the State of Florida Administration Commission, relative to development in the Agricultural/Rural Future Land Use designation does not prohibit "Sawmills." The Agricultural zoning district allows for a range of traditional agricultural and agricultural related activities, including single family residential land uses. The Land Development Code establishes a procedure which may result in approving a development order for sawmills in agriculturally zoned districts. To that extent this petition is consistent with the FLUE. Other consistency relationships are as follows: Traffic Circulation Element: The ITE Trip Generation Manual indicates that the proposed use will generate approximately 60 dump truck trips per day and 72 to 90 medium duty truck trips per day for a total of 132 to 150 trips per day. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Washburn Avenue. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Although the petitioner plans to add land area to the existing sawmill operation, the truck traffic is not proposed to increase over what was approved with the original, and subsequent Conditional Use applications. The TCE lists C.R. 951 as a 4-lane arterial road. The current traffic count north of Davis Boulevard is 33,075 and the road is operating at LOS "C". It should be noted that this road segment within the project's RDI is not projected to be deficient within the next five years. Therefore, no road improvement to this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Elements: Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. 3 FEB 0 8 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and ,~chaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site cleahng, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staffhas coordinated 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 below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planmng Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staffreview of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC including the interim development provisions found in the Final Order No. AC-99-002 issued by the State of Florida Administration Commission, which do not prohibit Sawmills. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. 4 AGENDA ITEM FEB 0 8 2000 Summary Conclusion: The proposed use is authorized in the Agricultural/Rural Mixed Use Industrial designated areas in the "A" Agricultural zoning district, which provides for the requested use as a conditionally permitted use. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and/or catastrophe. Pro: Primary access to the site is proposed from Richardson Way. Richardson Way is an existing private road which intersects the end of Landfill Road, just past the entrance to the County landfill. This new access drive will reduce heavy truck trips on Washburn Avenue for nearly 1,000 feet from the currently approved driveway entrance. The relocation of the entrance and the addition of the Western five acres will minimize intrusion into the neighborhoods off of Washburn Avenue. Ingress and egress to the site for employees will be provided off of Washburn Avenue via an existing driveway connection. Traveling to and from the subject site on Richardson Way (from Landfill Road) and Washburn Avenue, traffic will pass one (1) existing single family residential structures, on the north side of Washburn Avenue. and the other on the south. The dwelling unit on the south side of the street is owned by the petitioner. Therefore, the effects of increased truck traffic on Washburn Avenue and those residences on Washburn Avenue will be minimized by the site's location and the minimal development along Washburn Avenue from Landfill Road. Since the time of the original conditional use approval, the petitioner has paved those portions of Richardson Way and Washburn Avenue from Landfill Road to the project's entrance. Con: Excessive truck traffic may damage and~or cause maintenance problems to the access road from Landfill Road to the project's entrance. Summary Conclusion: Based on the layout of the approved site plan coupled with the condition of low traffic volumes and clear sight distances from access points, the proposed access driveway from Richardson Way should produce sufficient operating conditions. Any changes to access geometry and on site traffic circulation will be subject to approval at the time of Site Development Plan approval. Since Washburn Avenue functions as the primary access to residential and less intense agricultural land uses located in Sections 35 and 36, the addition of large trucks hauling horticultural waste may have a detrimental effect on Washburn Avenue in terms of increased maintenance requirements which could negatively affect other users of the road. However, with the addition of the Southwest entrance, this impact should be significantly reduced. For these reasons, stipulations in the resolution of adoption are recommended in order to limit the amount of track traffic generated from this use on Washburn Avenue. Ce The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. FEB 0 8 2000 Pg, // Pro: Properties to the south and west are vacant and wooded. The property abutting the rear (south) of the western 1/3 of the site is vacant and owned by the petitioner. The properties north and east are developed with single family dwelling units, and the property owners of these sites have previously written letters of no objection to the proposed use. Due to the proximity of the subjeot site to the County landfill, it is likely that the property owners in the neighborhood presently experience the smell of offensive odors, depending on prevailing wind patterns, heat and humidity. The addition of the proposed use will not increase the probability that surrounding property owners will experience offensive odors, provided horticultural waste is not stored in piles for long periods of time. The natural smell of mulched horticultural waste may actually mask the unpleasant smell, to some degree, fi.om the neighboring landfill to the west. Noise and the potential for surrounding property owners to experience glare or unsightly visual effects resulting from the use will be mitigated by the following: An existing six (6) foot high opaque wooden fence along Washburn Avenue located on the east and west sides of the site; trees planted 25 feet on center along Washburn Avenue and on the east side of the site; and retention of a portion of the existing natural vegetative buffer which exists on the south and east sides of the subject site. Properties north of the subject site appear to meet, at a minimum, the fifty (50) foot front yard requirement for an Agricultural zoning district. There is an existing sprinkler system on site which can be used to reduce the dust generated from the operation. According to the manufacturer, as an option, the tub grinder can be equipped with a water spray dust suppression system to reduce dust. Additionally, the equipment involved in the daily mulching operation will primarily operate on the eastern half of the site towards the rear, away fi.om residential uses to the north. Con: Although heavy equipment operation is typically associated with Agricultural uses, the surrounding land uses are more residential in nature than agricultural. For this reason, noise from the operation of machinery and noise associated with dump trucks coming and going fi.om site could be perceived as being obtrusive to surrounding property owners. Dust can be problematic and results fi.om different aspects of the process. Dust will be produced as trucks dump the horticultural waste on site and the mulch by-product is loaded and carried off site. As the horticultural waste is picked up and placed in the tub grinder, and as the waste is ground into mulch, dust is produced. Dust also blows from the mulch when it is stored in piles. There exists the potential for waste, other than horticultural, to be dumped and stored on site. There may be negative visual impacts from the storage of horticultural debris and mulch. Also, it is not unusual for debris or objectionable material to fly out of the top of the tub grinder as the machine operates, creating a safety hazard to adjacent property owners. Summary Conclusion: With conditions placed on the operation of the business, most of the negative impacts associated with the use should be able to be significantly mitigated. 6 FEB 0 8 2000 d. Compatibility with adjacent properties and other property in the district. Pro: Surrounding properties have an agricultural zoning designation. Agricultural uses typically involve the use of heavy equipment and machinery. Agricultural production typically yields some type of return in terms of a product produced which is either used on site, or has a need to be stored on site and/or transported from the site to be used elsewhere. These are typical characteristics of the proposed use and are not unusual from other types of similar agricultural uses which may occur on the subject site or surrounding properties. Con: Although surrounding properties have an Agricultural zoning designation, they are primarily residential in nature. Different from the larger properties which are typically associated with agricultural production, the surrounding properties are primarily divided into five (5) acre tracts. If the proposed use was located within a larger area, or surrounded by agricultural properties of larger areas, the negative effects associated with the proposed use might be better mitigated. Summary. Conclusion: The petitioner has previously agreed to limitations which will reduce the negative aspects associated with the use. Significant expansion of truck traffic associated with the use is not proposed. Staff has supplemented these limitations with additional stipulations which will further mitigate the negative impacts associated with the proposed use. STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU-99o33 for Conditional Use "2" Sawmills (including horticultural recycling) of the Agricultural (A) zoning district as described in the Resolution of Adoption and Exhibits, and subject to the stipulations attached hereto. 7 FEB 0 $ 7_000 PREPARED BY.' CHIEF PLANNER DATE ~R~, EWEDBY: R CURRENT PLANNING MANAGER I. q-. 7. ooo DATE R~HERE, AICP PLANNING SERVICES DIRECTOR DATE A PPR~j~TBY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. DIV. DATE Petition CU-99-33 Staff Report for the January 20, 2000 CCPC meeting. Tentatively scheduled for the February 8, 2000 BCC meeting. COLLImatinG COMMISSION: RUSSELL A BUDD, CHAIRPERSON ~o. /?4 FFB 0 8 2000 Exhibit D The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off site. There shall be no permanent storage of solid waste on site. The tub grinder shall not be operated within 150 feet of any property line. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. During maintenance or cleaning, the tub ghnder shall only be operated with a tub cover in place. There shall be a maximum of m'enty (20) dump trucks and forty-five (45) roll-off containers stored on site. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. Maintenance and repair services to dump trucks, roll-off containers and the endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing, and steam-cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. (j) Providing repair and replacement of brake rotors, drums and pads. 9 AC~I~A ITEM FEB 0 8 2000 I0. 11. 12. 13. 14. 15. 16. 17. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not fi.me straightening or major repainting. (n) The removal of engineers, transmissions, rear differentials and 4-wheel drive units shall not be permitted. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on site sprinkler system in order to reduce dust. There shall be no other machinery or equipment stored on site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. The tub grinder will be equipped and operated with deflectors to minimize flying debris. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the 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 No. 91-102). An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. 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 prior to final site plan/construction plan approval. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator 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. 10 FEB 0 2000 18. 19. 20. 21. The existing natural, native vegetative buffer along the southern boundary of the southeastern 5 acres of the site, shall be retained as it currently exists, to no less than a minimum width of the twenty (20) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. The existing six (6) foot high opaque fence and existing landscape trees planted 25 feet on center adjacent to the northern five (5) acres' northern and eastern property boundary, shall be continued along the southern five (5) acres' eastern, and the western five (5) acres western and northern property boundaries. There shall be a maximum of 60 dump truck trips per day and 90 medium duty truck trips permitted per day, to and from the site. Primary access to the site for heavy trucks (those trucks with three (3) or more axles) shall be from the Southwestern driveway entrance. The driveway entrances located off of Washburn Avenue shall be utilized as secondary access points, primarily for employees personal vehicles and access to the caretakers residence and administrative office. 11 A~F..NDA I1 bM FEB 0 8 2000 !7' HO 0 VER PLANNING Rezonings, PUDs, PDs, Conditional Uses, Special Exceptions, Variances, Traffic/Parking/Zoning/Feasibility Studies & Site Plans (in SW Florida) November 15, 1999 Ms. Susan Murray, AICP Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 RE: Narrative Letter for the Proposed Expansion of the Existing 10.38-Acre Yahl Mulching and Recycling Facility to 15.56 Acres Via a New Conditional Use Petition Dear Ms. Murray: The subject property is located on the eastern and southern sides of Washburn Avenue SW, approximately 2 1/8 miles east of C.R. 951 and 1/4 mile north of Alligator Alley (I- 75). Access to the site fi.om C.R. 951 is east on Landfill Road, then north and east on Washburn Avenue SW. The petitioners, Richard and Jean Yahl and Teresa Yahl Fillmore, have developed the northeastern (5.19 acres) of this property as a horticultural recycling facility, since the previous Conditional Use was approved on January 27, 1998. On October 26, 1999, the Board of County Commissioners approved adding an additional 5.19 acres of land to this Conditional Use. This parcel was located directly south of the original parcel. Several weeks prior to submittal of the first addition to the original Conditional Use, the petitioners purchased an additional 5 acres, abutting to the west, that had an abandoned home on-site. Since this property was purchased via a tax sale, Collier County only provided a tax deed on this land. Over the last 4 - 5 months the applicants' attorney has worked on cleaning up legal issues on the tax deed. Otherw/se, the new 5 acres could have been included on the last expansion. Additionally, since they purchased this land the petitioners have fixed up the abandoned home so it is no longer an "eyesore" for the neighborhood. Bill Rosseau, who lives in the single-family home on the original 5.19-acre parcel along with his family, manages this mulching-recycling operation for the petitioners. The applicants desire to increase the geographical area for this operation while essentially keeping the intensity of the facility to the previously approved levels. They would like to park the empty containers and have employee parking on the new parcel. Additionally, they would like to convert the single-family home on the new parcel into an administrative building. The existing buffer and screening along Washburn Avenue would be continued throughout all of the new road fi-ontage along Washburn Avenue. Stormwater management would also be provided on the new parcel. One key positive change to approved Conditional Use is a new access proposed at the southwest comer of the ,,,,~ nO.,EtnA ~xr~ 0 8 2000 3785 Airport Road North, Suite B, Naples, Florida 34105 · Phone: 941-403-8899 · Fax: 941-403-9009. Ms. Susan Murray, AICP RE: Yahl Mulching/Recycling Expansion Conditional Use November 15, 1999 Page 2 parcel. This will allow trucks traveling to or from the mulching facility to reduce travel along Washburn Avenue by about 1000 feet. Numerous conditions were voluntarily agreed upon by the petitioners during the initial Conditional Use petition review process. Condition #2, required the petitioners to scrape the road between the project's entrance and where the pavement on Landfill Road ended. Condition #2 is no longer applicable, as the petitioners have paved all of this applicable roadway area plus up past the driveway for the abutting home to the east. This was done at the petitioners' expense and not requested by Collier County. The applicants have advised me there will not be an increase in traffic if this expansion is approved (please see our request for waiver of the Traffic Impact Study). In essence, truck traffic will not exceed the maximum trips previously described in the initial Conditional Use petition. A review of the surrounding land uses indicates the proposed expansion of this mulching/recycling operation is easily compatible with neighboring land uses. Approximately 100 feet to the west of the subject property is a cellular tower, likely 175 feet high. Just west of the parcel with the cellular tower is the Collier County Landfill. Across Washburn Ave. to the north from the new 5-acre parcel is a single-family home on a 5-acre tract. This home is owned by Teresa Yahl Fillmore's mother and she previously provided a letter supporting the original Conditional Use petition. To the north of the driveway of our single-family home is a single-family home owned by Frank Yahl, who has also provided a letter supporting the original petition. Northeast across Washburn Avenue is a mobile home on a 5-acre tract. To the east is a single-family home on a 5-acre tract. To the south is an approximate 10-acre tract, that is undeveloped and heavily wooded except for a borrow pit in the northeast comer. That tract abuts a canal that runs along the northern boundary of the 1-75 right-of-way. Abutting to the southwest are 2 parcels, about 5 acres each and owned by the petitioners, that are intended to be utilized as mitigation lands for the subject facility's Environmental Resource Permit. If you have any questions regarding this project, please contact me. Sincerely, HOOVER PLANNING William L. Hoover, AICP HP File # 171-C20 FEB 0 8 2000 COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION ............ , -"~ ,B~,TION NUMBER: DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: Susan Murray, AICP ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE General Information: Name of Applicant(s) Richard & Jean Yahl and Teresa Yahl Fillmore Applicant's Mailing Address City Naples State Florida Applicant's Telephone #: 352-0079 Zip 34116 Fax #: 352-2778 Name of Agent William Hoover, AICP Firm Hoover Planning Agents Mailing Address City Naples State Florida Agent's Telephone #: 403-8899 Fax #: 3785 Airport Road N., Suite B Zip 34105 403-9009 AG~3~)A I~ FEB 0 8 2000 Disclosure of Interest Information: a. If the property is owned fee .simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with ~n ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Richard and Jean Yahl Teresa Yahl Fillmore 50% 5O% Address for all owners: ]918 - 40th Terrace SW, Naples, FL 34116 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 NA Ce 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 NA APPLICATION FOR PUBLIC ~ FOR CONDITIONAL USE 2 AGENOA I~ ~ FEB 0 8 000 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 NA 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 NA APPLICATION FOR PUBLIC ~XN~ FOR CONDITIONAL USE 3 Date of Contract: AGENDA ITEM /TA FEB 0 8 2000 If any contingency clause or contract terms involve additional parties, list all iDdividuals or officers, if a corporation, partnership, or .trust. Name and Address NA g. Date subject property acquired (X) leased ( ):~ Term of lease yrs./mos· If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal APPLICATION FOR PUBLIC H~A~ING FOR CONDITIONAL USE AGENDA ITEM FEB 0 8 2000 description, an engineer's certification or sealed survey may be required. Section: 31 Township: 49S Range: 27E Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: 00341040004 Metes & Bounds Description: E 1/2 of NW 1/4 of SW 1/4 of SW 1/4, Section 31, Twp. 48S, Range 27E, Collier County, FL. Size of property: Total Sq. Ft. 1029 ft. X 659 ft. Acres 15.56 Address/general location of subject property: 2200 Block of Washburn Ave., Naples, FL 34117 A~acent zoning and land use: Zoning Land use N ROW & Agric. Washburn Ave., then 2 S/F Homes & Mobile Home S Agric. Vacant, heavily wooded land ~ borrow Pit E Agric. Single-family home on 5 acres W Agric. Cellular tower, then landfill 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, 10 acres directly South & SW of the new 5-acre parcel· SW 1/4 of the SW 1/4 of the SW 1/4, Sec. 1, 49S, Rng. 27E, Collier County, Florida. 5 A~PLZCATZ(~4 FOR PUBLIC ~ FOR CONDZTZONAL USE FEB 0 8 2000 Section: 31 Township: 49S Range: 27E Lot: Block: Subdivision: Plat Book__ Page #: Proper%y I.D.#: SW 1/4 of the SW 1/4 of the Metes & Bounds Description: SW 1/4, Sec. 31, Twp. 49S, Rng. 27E, Collier County, FL. T~pe of Conditional Use: This application is requesting conditional use # 2 of the Agric. district for (TYPE Or (USZ) Sawmill Present Use of the Property: Single-Family Home on the northern portion and undeveloped on the remainder. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The Growth Management Plan designates theAG~l~ 6 AI~PLICATION FOR PUBLIC HEARIl~G FOR CONDITIONAL USE FEB 0 8 2000 as Agricultural/Residential in the Agricultural/Rural Mixed Use District which permits agricultural uses. The Land Development Code permits mulching/recycling operations (sawmills) via Conditional Uses in the A~ric. Zoninq District. b. Describe the existing or planed means of iDgress 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: East on Landfill Road, North and East on Washburn Ave. to the site. The petitioners recently paved Washburn Ave. from Landfill Road to several hundred feet east of their Eastern property boundary, without being required c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: These should be minima] du~ ~n limited operating hours, restricted operating conditions, buffers, and site layout. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: During the initial Conditional Use petition nearly every abutting homeowner provided a letter supporting A~PLICATZON FOR P~BLIC ~F2%RIN~ FOR CONDZTIONAL USE AGENDA ITE.~I. FEB 0 8 2000 the project. e. Please provide any additional information which you may feel is relevant to this request. See attached narrative letter. 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? None that I am knowledgeable of. 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8~" 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 8 APPLICATION FOR PUBLIC HT. ARING FOR CONDITIONAL USE FEB 0 8 2000 STATEMENT OF UTILITY PROVISIONS FOR ~ONDITIONAL USE REQUEST NAME OF APPLICANT: MAILING ADDRESS: 9ichard & Jean Yahl/T~[9$a yah1 Fillmore 1918 - 40th TerraCe SW CITY Naples, FL ZIP 34116 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2200 block of Washburn Ave., Naples, FL 34117 LEGAL DESCRIPTION: Section: 31 Township: 49S Range: 27E Lot: Block: Subdivision: Plat Book Page #: 00337520004 Property i.D.#: 00341040004 Metes & Bounds Description: E 1/2, NW 1/4, SW 1/4, SW 1/4 and NE 1/4, SW 1/4, SW 1/4 of Sec. 31, Twp. 49S, Rng. 27E, Collier County, Florida. 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 OFWATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) APPLICATION FOR ~JBL%C NEA~IN~ FOR COND%TIONAL USF, 15 [] [] [] FEE 0 8 2000 TOTAL POPULATION TO BE SERVED: 2 ERC PEAK AND AVERAGE DAILY DEMANDS: 9. WATER-PEAK 1.2 GPM 10. SEWER-PEAK 1.0 GPM AVERAGE DAILY 700 GPD AVERAGE DAILY 600 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, P?,~SE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: NA 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent 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. Existing. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. NA 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. NA Utili~ Provision S~tem~nt RJM 10/17/97 "' AG~40A ~T~, APPLZCATIO~ FOR PUBLIC ~ ~OR CONDITIONAL USE 16 FE9 0 8 2000 CC-506 TAX DEED FILE NO R.i0/97 PROPERTY INDENTIFICATION NO. 10274 00341040004 *** 2497806 OR: 2563 PG: 2980 RECORDRD in OFFICIAL RBCORDS of COLLIBR COUNT?, 06/28/1999 at 02:29PM DWIGHT E. BROCK, CLERK CONS 32500.{ REC FEB DOC-,70 227.] Retn:RICH YAHL JEANIN YAHL & THERESA FILLMORE 1918 40TH TERR SW NAPLES FL 34116 TAX DEED STATE OF FLORIDA COUNTY OF COLLIER The following Tax Sale Certificate Numbered 434 issued o~ June 1, 1996 was filed in the office of the tax collector of this Court and application made for the issuance of a tax deed, the applicant having paid or redeemed all other taxes or tax sale certificates on the land described as required by law to be paid or redeemed, and the costs and expenses of this sal, and due notice of sale having been published as required by law, and no person entitled to do so having appeared to redeem said land; such land was on the 28th day of June , 1999, offered for sale as requir, by law for cash to the highest bidder and was sold to Rich Yahl, Jeanie Yahl, and Teresa Fillmore whose address is 1918 40th Terr SW, Naples, FL 34116 ,being the highest bidder and having paid the sul of his bid as required by the Laws of Florida. NOW, on this 28th day of June, 1999, in the C?q.unty of COLLIER , State of Florida, in consideration of the sum of ~,500.00) Thirty Two Thousand Five Hundred and 00/100 ............ Dollars ng the amount paid pursuant to the Laws of Florida does hereby sell the following lands situated in the County and State aforesaid and described as follows: Witness: Terr' Har Toni Butts Section 31, Township 49S, Range 27E, E 1/2 OF NW 1/4 QF.~f~i/4 OF SW 1/4 Collier County, Florida .'~,~ ' ~ourt :y C.1 e rk''~ COLLIER c,.Cohn.~iy, FlOrida -' ~', / ;,. . STATE OF FLORIDA COUNTY OF COLLIER On this 28th day of June e ," ' ,'IPgP,,'-'before me Terri Hart .personally appeared S~nd~'a__Younq '. Clerk of the Circuit Court in and for the State a~%/d:~_~o~y'.~2Own to me to ~ the person described in and who executed the foreg~w~.~3,~i!R~-trum~nt, and ~nowledged the execution of th~s ~nstrument to'~.be-hxscD~ ~ee ~3c't and deed ~r the use and purposes therein mentioned. '- " Witness my hand and official seal date aforesaid. This instrument was prepared by Terri Hart , Deputy Clerk Collier County, Naples, Florida Terri H~" Debut 2000 .1~ Io: ]tODWEST TrFLE GUARANTEE COMPANY OF FLORIDA 3q36 N. Tamiami Trail, Suit- A Naples. FL 34103 (941 )262-2163 30034/CAH Consideration: $ 140.000.00 I~ing $ ! 0.50 d/~Ulb/. UR: /J:)l .P(J: IIC01DID in 0~l'ICIl~ UC0DS o! C0LtlII cwm?T, )I 101Z41{1 mt I[:)4M DglGll I. ll0Cl, letl: ~:-.71 )II.H 2263537 OR: 2375 PG: 2775 nc m IJ.M ~.# ~ ?ITU flCl ff WARRANTY DEED THIS WARRANTY DIKED made the/754~ day of .. ~ Cb)ton Spencer and Marcl Joann Spencer. husband and wife hereinaf~r caJled the grantor, to 502 Richard D. Yahl and Jena Yahl. Husband and Wife as IO an undivided ~ intetcsl and ~ Yahl. a single petso~ ns to an undivided 50% interesl herei:m~r called the gmat'e~ whosa post off'~ce ~ddrt~ is: 1918 40th Terrace S'd Naples, lq. 34116 (Wher~v~ used herein Ihs t~m "821mor,' and '~anme,, include all the premiss to this i~t and the heirs, lepl r~qxu~malives nad as'tiM of individmls, and the suecmso~ and assigns of coqmmmMfls.) WITNESSETH: Thai the grutor, for and in consideration of the sma of $10.00 and other valuable comicJa'mimu, receipt whe~of ts hax, by m:knowiedsed, hereby grants, bargains, sell~, assigns, r~mises, relea~ conveys and c~firms urea the grantee, all that certain land simste in Collier County, Flor4d~ viz: (Folio No: 00337520004) The Northeast sue-quarter (NE 1/41 of the Southwest mm-quart~ (SW 1/41 of the Southwest one-quaffer (SW 1/41 of Section 3 I, Township 49 South, Range 27 East, -ti lying and being in Collier County, Florida. *'Il?IS ~ I$ BEINC RE-RECORDED TO CORRECT THE GRANTEE PERCENTAGE AND ADDRESS. TOGFFHU~R with -ti ee tenement~ he~dimnm~ ~d q~mmm~ thereto belenSjng or in my~e apjx:ruining. AND the ~runtar hereby cove,urns with said Strums that the Immm is lawfully ~ of said land in fee simple; that the ~'amor has good fight and lawful authorily to mil and convey said land; ~al dm grantor he~b~ fully warfares the title to said land and will defend Ihe same against the lawful claims of -ti pe~ms whomsaev~, and that said land is rrm of all encumbrances, excep~ taxes ac~uing subequem to December 31, 1996, and e*THxS DOCUMENT XS BEZNG re-re-recorded to correct address of Srantee. ./ 225~254 OR: 2365 I'G: 3363 Il/IS/t! at 0~:tMI Nlq l, IWI$, ~ FEB 0 8 2000 RESOLUTION 2000- A RESOLUTION SUPERSEDING RESOLUTION 99-399 AND PROVIDING FOR THE ESTABLISHMENT OF A SAWMILL CONDITIONAL USE #2 IN THE "A' ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use #2 of Section 2.2.2.3 in an "A' Rural Agricultural Zone for a sawmill on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, this Resolution supersedes Resolution 99-399 previously granting conditional use approval; and WHEREAS, all interested parties have been given opportunity to be heard by. this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William Hoover, AICP of Hoover Planning, representing Richard and Jean Yahl and Teresa Yahl Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use #2 of Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a sawmill in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: AG EN EJA~,TE~ FEB 0 8 2000 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 ., 2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk TIMOTHY J. CONSTANTINE, CHAIRMAN~ ! ! !":i~:i~':':':':':'::~m=: {~} Approved as to Form and Legal Sufficiency: Assistant County Attorney g:/admin] RESOLUTION/CU-99-33/SM/ts -2- FEB 0 8 2.000 L mg' ~ Exhibit ~ CU-99-33 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITICNAL USE PETITION FOR The following facts are found: Section cf the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public anterest and will not adversely affect other property or uses in the same district or neighborhood because of: 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 aucomotlve and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: __No affect or __Affect mitigated by__ __ Affect cannot be mitigated Do 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: MEMBER: f/FINDING OF FACT MEMBER/ FEB 0 8 2000 Exhibit m CU-99-33 ~IDSCAPE: £5' O.C. LEGAL DESCRIPT!(;)N: N 1/2 of NE '/4. of SW 4/4. of SW ~/~ SECTION 31, TOWNSHIP 4.9 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA AN~' S 1,/2 of NE 1/4 of SW !/4. of SW 1,/4 SECTION ,31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA AND' E. 1/2 of NW 1/4. of SW 1/4 of SW 1/4 SEC"ION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA HOOVER PLANNINg" 99-33 LAND & TRAFFIC PIANNING 3785 AIRPORT RD. N., SUITE 8 * NAPLES, FLORIDA 34105 PHONE: (941) 403-8899 FAX: (941) 4.0.'5-9009 /' Exhibit C CU-99-33 .q i CU 9 CONDmONAL PLAN Exhibit D o The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off site. There shall be no permanent storage of solid waste on site. The tub grinder shall not be operated within 150 feet of any property line. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. There shall be a maximum of twenty (20) dump trucks and forty-five (45) roll-off containers stored on site. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. Maintenance and repair services to dump trucks, roll-off containers and the endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement ofwaterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades grease retainers, wheel beatings, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing, and steam-cleamng. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. (j) Providing repair and replacement of brake rotors, drums and pads. AGENDA I ~ r.~4'"""" FEB O g 2000 10. I1. 12. 13. 14. 15. 16. 17. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engineers, transmissions, rear differentials and 4-wheel drive units shall not be permitted. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on site sprinkler system in order to reduce dust. There shall be no other machinery or equipment stored on site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. The tub ?inder will be equipped and operated with deflectors to minimize flying debris. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the 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 No. 91-102). An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County, Land Development Code, as amended. 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 prior to final site plan/construction plan approval. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier Cotmty Code Enforcement Department contacted. 2000 18. 19. 20. 21. The existing natural, native vegetative buffer along the southem boundary of the southeastern 5 acres of the site, shall be retained as it currently exists, to no less than a minimum width of the twenty (20) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. The existing six (6) foot high opaque fence and existing landscape trees planted 25 feet on center adjacent to the northern five (5) acres' northern and eastern property boundary, shall be continued along the southern five (5) acres' eastern, and the western five (5) acres western and northern property boundaries. There shall be a maximum of 60 dump track trips per day and 90 medium duty truck trips permitted per day, to and from the site. Primary access to the site for heavy trucks (those trucks with three (3) or more axles) shall be from the Southwestern driveway entrance. The driveway entrances located off of Washburn Avenue shall be utilized as secondary access points, primarily for employees personal vehicles and access to the caretakers residence and administrative office. FEB 0 8 2000 Pg. (~_~