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Agenda 02/22/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 22, 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 BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (~ 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 LISTENI--~"G DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO !:00 P.M. 1. INVOCATION - Reverend Harold Brown, Lely Presbyterian Church 2. PLEDGE OF ALLEGIANCE ;3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. ! February 22/2000 e APPROVAL OF MINUTES A. January 24, 2000 - Budget Policy Workshop B. January 25, 2000 - Regular meeting Am PROCLAMATIONS AND SERVICE AWARDS PROCLAMATIONS 1) Proclamation proclaiming the week of February 20-26, 2000 as National Engineers Week. To be accepted by Mr. Ron Waldrop, Project Engineer, WilsonMiller, Inc. B. SERVICE AWARDS 1) Zebedee Harris, Parks and Recreation - 10 Years 2) Denise Clarke, EMS - 10 Years 3) Lisa Taylor, Fleet Mgmt. - 10 Years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Vera Fitz-Gerald, President of the Property Owners of Naples Park regarding community traffic calming and request for a study to rezone Naples Park. B. Dave Bell requesting guidance for the location of Holocaust artifacts. 2 February 22, 2000 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Discussion of requests made by the Development Services Advisory Committee to amend Ordinance 99-51, The Collier County Litter, Weed and Exotics Control Ordinance and Ordinance 89-06, The Collier County Standard Housing Code. 2) Clarification of transportation issues presented to the Board of County Commissioners in the AUIR (Annual Update and Inventory Report) on January 25, 2000. PUBLIC WORKS 1) Approve final alignment and typical section features for Goodlette-Frank Road Four Laning Improvements between Pine Ridge Road and Vanderbilt Beach Road, Project No. 60134. Co PUBLIC SERVICES 1) Request by David Rice representing the Marco Island Sports Festival for a waiver of user/rental fees. SUPPORT SERVICES 1) Discussion Regarding the Results of Consultant Screening for the County Admiuistrator Vacancy. 3 February 22~ 2000 E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT Recommendation that the Board approve a proposed settlement agreement in the amount of $38,000.00 for the lawsuit styled ARDYTHE VASS V. COLLIER COUNTY, Case No. 98-3533, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Bayshore/Avalon Beautification MSTU Advisory Committee. B. Reconsideration of renaming of the Collier County Courthouse (Commissioner Carter). 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING. Petition PUD-92-04(I), 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 4 February 22,~ 2000 2) 3) 4) (ALF) and Residential uses for property located on the northwest corner of C.IL 951 and access Road #2 in Section 34, Township 49 South, Range 26 East, Collier County, Florida. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14~ 2000 MEETING. Petition PUD-99-15, Michael Fernandez, AICP, of Plnnning 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 (S.R. 896) and north of Golden Gate Parkway (C.IL 886) in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 19.58+/- acres. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14, 2000 MEETING. Petition PUD-99-16, Kevin McVicker, P.E., Phoenix Planning and Engineering, Inc., representing Gulf Sun Corporation, requesting a rezone from "A' to "PUD" to be known as Whippoorwill Pines PUD, n residential development not to exceed 180 dwelling units, located approximately ½ mile south of Pine Ridge Road (C. IL 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 29.54_+ acres. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14~ 2000 MEETING. 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 % mile south of Pine Ridge Road (C.IL 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85 + acres. C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS I) Petition CU 99-30, Karen Blackwell representing Naples Equestrian Challenge Center, L.C., requesting conditional uses "19", and ``24" of the "A" zoning district for a therapeutic equestrian riding facility on property less than 20 acres per section 2.2.2.3. for property located on Ridge Drive, further described as Lot 21, Block 1, Pine Ridge, in Section 10, Township 49 South, Range 25 East, Collier County, Florida. 2) Petition V-99-30, William L. and Charlene S. Hoover requesting a 5-foot variance from the required 10 foot rear yard setback for an accessory structure to 5 feet, for property located at 5690 Wax Myrtle Way, further described as Lot 94, Tall Pines, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. ;3) THIS ITEM HAS BEEN DELETED. February 22; 2000 4) S) 6) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14~ 2000 MEETING. Petition A-99-04, Richard D. Yovanovich of Goodlette, Coleman and Johnson, PA., 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. .THIS ITEM WAS CONTINUED FROM THE JANUARY 25~ 2000 MEETING AND IS FURTHER CONTINUED INDEFINITELY. A-99-03, C. Perry Peeples of Annis, Mitchell, Cockey, Edwards and Roehn, P.A., representing Keystone Custom Homes, Inc., requesting an appeal of the Collier County Planning Services Director's interpretation (I-99-06), that a sales center intended to market residential development located on the south side of Piper Boulevard east of Palm River Boulevard constitutes an off-site sales facility and is therefore not permitted. THIS ITEM WAS CONTINUED FROM THE JANUARY 25~ 2000 MEETING AND IS FURTHER CONTINUED TO THE MARCH 14~ 2000 MEETING. Petition V-99-21, David E. Bryant, representing Alfred Luckerbauer, requesting a 7.5-foot variance to the required 15-foot side setback for docking facilities to 7.5 feet for property located at 9 Pelican Street East, further described as Lot 40, Isles of Capri No. 1, in Section 32, Township 51 south, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS !5. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT &' ENVIRONMENTAL SERVICES 1) Petition C-2000-1, Golden Gate Area Chamber of Commerce requesting a permit to conduct the annual Golden Gate Festival on February 25, 26, and 27, 2000, on property located west of the Golden Gate Community Center. 6 February 22; 2000 2) 3) 4) 6) Petition C-2000-2, Annie Pappalardio, lmmokalee Parks and Recreation requesting a permit to conduct the annual Immokalee Spring Festival from March 2,3,4, and 5, 2000, on County owned property at the Immokalee Community Park located at 321 North Ia Street, Immokalee. Approval of the mortgage and promissory note for a two hundred twenty-eight thousand (~228,000) dollar loan to the Collier County Housing Authority. Approve an alternative road impact fee calculation for the Naples Philharmonic Center for the Arts. Recommendation that the Board of County Commissioners approve a resolution supporting the Collier County Housing Authority's grant application to the Department of Community Affairs to develop FarmWorker Housing in the Immokalee area for unaccompanied adult farmworkers. Recommendation that the Board of County Commissioners authorize staffto contract for consultant services and approve the budget amendments necessary to develop the Collier Community Character and Design Master Plan. 7) Request to approve for recording the final plat of "Audubon Commercial Center". s) Request to approve for recording the final plat of "Island Walk Phase Four", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 9) Request to approve for recording the final plat of"Mediterra Unit One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 10) Request to approve for recording the final plat of"Mediterra Parcel 100', and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 11) Request to approve for recording the final plat of"Mediterra Parcel 101", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 12) Request to approve for recording the final plat of"Mediterra Parcel 102", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 13) Request the Board to authorize the Chairman to execute the attached Federal Transit Administration Grant applications and applicable documents. 14) CONTINUED FROM THE JANUARY 25~ 2000 MEETING: Recommendation to approve Commercial Excavation Permit No. 59.720, "Panther l~land Mitigation Bank" located in Sections 5,6,7,18, and 19, Township 47 South, Range 27 East, bounded on the north and west by undeveloped land zoned AG-2 (Uee County), and on the south and east by vacant land zoned A-MHO (Corkscrew Swamp Sanctuary). Recommendation to approve Commercial Excavation Permit No. $9.728 Otero Lake 3 Commercial Excavation located in ~ction 29, Township 47 South, Range 28 East, bounded on the east, west, and south by vacant lot and on the North by 70* Avenue NE R/W and vacant lot. 7 February 22, 2000 16) Request to approve for recording the final plat of Shores at Berkshire Lakes Phase Two-B and approval of the Standard Form Performance Security and Construction and Maintenance Agreement. B. PUBLIC WORKS 1) s) 4) 6) 8) 9) 10) ll) 12) 1.3) 14) Award Bid No. 99-3026 for the purchase of four trackhoes. This item has been deleted. Award Bid 99-3005 to selected firms for Manhole, Lift Station and Wet Well Rehabilitation Contracting Services. Approve the purchase of one (1) Backhoe/Loader on State Contract. Approve an Amendment to Professional Services Agreement with Greeley and Hansen for design and implementation of 30-inch parallel sewer force main on Immokalee Road, Contract 98-2790, Project 73943. Award a Contract for Bid No. 00-3033, Hideaway Beach T-Groin Construction to Douglas N. Higgins, Inc. in the amount of $137,100.00. Approve Tourist Development Category "A" Funding Applications. Award Bid #00-3034 for Wellfield Maintenance and Rehabilitation. Award a Construction Contract to Hannula Landscaping & Irrigation, Inc. for C.R. 951 South (Part B) Landscape Improvements, Bid No. 00-3031. This item has been deleted. Approve a Work Order for Botner Land Design, inc. for the Bayshore Beautification MSTU Landscaping. Approve Work Order #PHA-WF-00-01 with Pitman-Hartenstein & Associates, Inc. for the S.R. 84 and C.R. 951 Intersection Improvements, Project No. 66065; Capacity/Safety. Approve Contract for Construction Engineering Inspection Services by Johnson Engineering, Inc. for Immokalec Road 0-75 to C.R. 951) Four Lane Improvements, Project No. 69101; CEI No. 8. Execute a Joint Project Agreement between the State of Florida Department of Transportation and Collier County for Improvements to the I=?$ exit (Exit 16) Pine Ridge Road Interchange under the Pine Ridge Road Six Lane Improvements, Project No. 60111; CIE No. 41. 8 February 22. 2000 IS) Amend Professional Services Agreement with Hole, Montes & Associates, Inc. for Engineering Services related to Improvements at the South County Water Reclamation Facility, RFP 93-2121, Project 73916. 16) Board approve committee ranking of firms for contract negotiations for Construction Engineering Inspection Services for Golden Gate Boulevard from CR 951 to Wilson Boulevard. Collier County Project No. 63041, CIE No. 62. C. PUBLIC SERVICES 1) Approval of budget amendment recognizing an additional $73,052 in State Aid to Libraries in FY 00. 2) Approve agreement with performers for Royal Palm Music Fest. Award of Bid 99-3021, vending machine services. 4) Approval of a lease agreement with Golden Gate American Little League, Inc. 5) Approval of a Limited Use License Agreement with Nicaea Academy, Inc. for use of County- owned vacant land in order to hold activities for a festival. 6) Approval of a lease agreement with CPOC Realty, L.L.C. for warehouse space to be used by the Library Department. 7) This item has been deleted. s) Authorize the Chairman to execute an agreement between Collier County and Bay Colony - Gateway, Inc. (BCG) for an exchange of property, construction of a new and additional beach parking spaces at the area commonly known as the Seagate Beach Park and Naples Cay. SUPPORT SERVICES 1) Approval to Award RFP #99-2961 ."Energy Management and Building Automation Services" and Authorize Staff to Negotiate Agreements with Selected Vendors. 2) Approve Repairs and Replacement of Capital Equipment. 9 February 22, 2000 3) 6) Approval of a Change to the Routine Physical Examination Benefit in the Collier County Group Benefit Plan. Approve Work Order 0vb-99-4 Issued to Vanderbilt Bay Construction, Inc. for the Installation of Hurricane Shutters on Buildings C-1 and A Resolution Approving the Satisfaction of Lien for a Certain Residential Account Wherein the County has Received Payment and said Lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Approval and Execution of the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees. Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 8) Award Agreements for General Contractors Services on an As-Needed Basis, RFP 99-3025. E. COUNTY ADMINISTRATOR 1) Approval of Budget Amendment Report - Budget Amendment #00-134; #001-135; #001- 139; #00-147; #00-149. F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES 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 No.: 90-6034-TM, 97-8240MMA, 99- 6694MMA, 99-2347MMA, 82-1050CJA, 82-10~ICJA, 99-2704MMA, 99-2869MMA, 99- 7190MMA, 98-7434MMA, 99-6345MMA, 97-8832MMA, 99-2022MMA and 99-3571MMA 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: I. OTHER CONSTITUTIONAL OFFICERS 1) Request that the Board of County Commissioners authorize expenditure of budgeted 301 funds for the purchase of 800 MHz portable radios for the Sheriff's Office. 2) Request that the Board of County Commissioners authorize expenditure of budgeted 301 funds for the purchase of a replacement photo lab system for the Sheriff's Office and a related budget amendment. 10 February 22, ~2000 3) Amend the Civil Traffic Infraction Hearing Officer Grant-In Aid of $12,094.08 from the office of the State Court Administrator and authorize Chairman to sign the Amendment. 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 INDMDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Petition PUD-99-22, Richard Yovanovich, of Goodlette, Coleman & Johnson, P.A., representing James Vogel, Trustee, requesting a rezoning from sA-ST" Rural Agriculture with Special Treatment Overlay to "PUD" Planned Unit Development for property known as San Marino PUD, a residential development and golf course with 353 multi-family residential units, located 1.5 miles south of Davis Boulevard on C.R. 951, in Section 11, Township 50 South, Range 26 East, Collier County, Florida, consisting of 235.33+ acres. Petition PUD 99-26, Mr. Robert L. Duane of Hole, Montes & Associates, Inc., representing H.B. Holdings, Michael Bahms, President, requesting a rezone from "A' Agricultural to "PUD" Planned Unit Development to be known as Da Vinci Estates in Olde Cypress PUD allowing for 61 dwelling units for property located north of Immokalee Road (C.IL 846) and approximately 1.3 miles west of 1-75 and surrounded by the Olde Cypress PUD, in Section 21, Township 48 South, Range 26 East, Collier County, Florida, consisting of 40.4 acres more or less. Co Petition R-99-11, Mr. Alan D. Reynolds of WilsonMiller, Inc. representing Long Bay Partners, LLC, requesting a rezone from "PUD" to Planned Unit Development known as the Livingston Road County Club, to "A" Rural Agriculture for property located on the south side of east/west Livingston Road right-of-way (CR-860) and west of the Imperial Golf Course development in Section 13, Township 48 South, Range 25 East, Collier County, Florida. Petitions CU-99-31 & ST-99-02, Jason Williams of Johnson Engineering, Inc., representing Cocohatchee Nature Center, requesting conditional use "23" of the "A-ST" zoning district for an Ecotourism Educational Facility per Section 2.2.2.3 for property located west of U.S. 41 north on the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2.19x acres: THIS ITEM WAS CONTINUED FROM THE FEBRUARY 8~ 2000 MEETING. Petition CU-99- 33, William L. Hoover, AICP, of Hoover Planning representing Richard and Jean YaM 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. !! February 22,~ 2000 Ho Petition SNR-2000-02, a Resolution amending the title and paragraph two of Resolution 99-415, a street naming for property hereinafter described in Collier County, Florida, to correct a scrivener's error in the property's legal description and the street's former customary name. Petition VAC-99-015 to vacate the 15' wide drainage easement along the lot line common to Lots 33 and 34, according to the Plat of "North Collier Industrial Center", as recorded in Plat Book 31, Pages $0 through 51, Public Records of Collier County, Florida and to accept a drainage easement as a replacement easement on said Lots 33 and 34, Located in Section 10, Township 48 South, Range 25 East. Petition VAC 00-001 to vacate road right-of=way, being a portion of Tract D Otizcaya Way), according to the Plat of"Vizcaya at Bay Colony", as recorded in Plat Book 18, Pages 37 through 39, Public Records of Collier County, Florida, located in Section 33, Township 48 South, Range 25 East. Petition ASW-99-1, MDM Services, Inc., representing Sam's Club, requesting a 300-foot waiver from the minimum required separation of $00 feet between automobile service stations for property located in Section 25, Township 48 South, Range 25 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. 12 February 22~ 2000 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING FEBRUARY 22~ 2000 WITHDRAW: ITEM 16(B)(1) - AWARD BID NO. 99-3026 FOR THE PURCHASE OF FOUR TRACKHOES. (STAFF'S REQUEST). WITHDRAW: ITEM 16(B}(3 ) - AWARD BID 99-3005 TO SELECTED FIRMS FOR MANHOLE, LIFT STATION AND WET WELL REHABILITATION CONTRACTING SERVICES. (STAFF'S REQUEST). NOTE: ITEM 16(A)(3) - APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A $228,000 LOAN TO THE COLLIER COUNTY HOUSING AUTHORITY - legal description requires some refinement but no substantial change. (county attorney's request). PR 0 CL~4MA TION WHEREAS, engineers have used their scientific and technical knowledge and skills In creative and innovative ways to fuifill society's needs; and, WHEREAS, engineers face the major technological challenges of our time from rebuilding towns devastated by natural disasters to designing an Information superhighway that wi#speed our country into thi~ new century; and, WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their Icttbw[~; ~nd, ~ WHER~S, we w~ lOol ~ than ~er to ~nee~ an~ th~ ~owledge and sktl~ to NOW THEREFOR~ ~ it proclaimed b~ the Board ~f Co~ C~t~n of Collier Co~, Florida, that the week Februa~ 2~26, DONE AND ORDERED BOARD OF CO~ CO~SSlO~ COLLIER CO~ F~ORID~ ATTEST: TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK AGENDA "~TEM No. ~1 FEB 22 2O00 pg._ / _ COLLIER COUNTY ADMINISTRATOR'S OFFICE February9,2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Vera Fitz-Gerald, President Property Owners of Naples Park P. O. Box 110021 Naples, FL 34108 Re: Request for Public Petition - Traffic Calming - Study to Rezone Dear Ms. Fitz-Gerald: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 22, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a furore meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sin~cere]ly, · McNees Interim County Administrator MAM/bp cci County Attorney Community Development Division Administrator Public Works Division Administrator P.O1 County Manager 3301 Tamiami Trail E Naples, FL 34112 FAX 774-4010 Re: Public Petitions Dear Sir, The Property Owners of Naples Park (PONP) would like to make two Public Petitions during the 22'~'s Fe_ bruary 2000 meeting of the Board of County Commissioners. We hereby, request that you put us on the Agenda for that date. The Public Pet. itions that we wish to present to the Board axe as follows: A request that the Board direct the staff of the Transportation Department to work with the PON'P to devete~ and bring back to the Board in a timely fashion, a traffic calming plan for the community. We sent our request into the DOT years ago when the Traft3c Calr.,in~; manual was first printed. I was part of'that committee. However, no action has ever been taken on our request. A request that the Board direct the staff' of:he Planning Department to study and' report back to the Board on a re-zone of Naples Park fi.om RMF-6 to RSF-(?). As Naples Park is being eyed for various re-development plans it is essential that it be handled in a responsible manner rather than piece-meal. Thankyou, Vera Fitz. Gerald, President Property Owners of Naples Pz. rk PO Box 110021 Naples, FL 3410S Telephone 597-5648; email verafg~naples.ne~ AGENDA~JT~M No._ ', ?O01l Pg. ~ -- COLLIER COUNTY ADMINISTRATOR'S OFFICE February7,2000 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Dave Bell Golden Gate Middle School 2701 48"' Terrace, S. W. Naples, Florida 34116 Re: Request for Public Petition - Holocaust Artifacts Dear Mr. Bell: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 22, 2000 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a furore agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Michael A. McNees Interim County Administrator MAM/bp cc: County Attorney Public Services Division 2 2 EXECUTIVE SUMMARY DISCUSSION OF REQUESTS MADE BY THE DEVELOPMENT SERVICES ADVISORY COMMITTEE TO AMEND ORDINANCE 99-51, THE COLLIER COUNTY LITTER, WEED AND EXOTICS CONTROL ORDINANCE AND ORDINANCE 89-06, THE COLLIER COUNTY STANDARD HOUSING CODE OB,]ECTIVE: To determine whether the Board of County Commissioners concurs with requests from the Development Services Advisory Committee (DSAC) to: 1) Amend Section Ten of Ordinance 99-51, the Waste Materials Management Section of the Collier County Litter, Weed and Exotics Control Ordinance, omitting the requirement to cover on-site containment areas; and 2) Amend Ordinance 89-06, as amended, to repeal Section Six, the Rental Registration Requirements Section of the Collier County Standard Housing Code discontinuing that Program. CONSIDERATIONS: On. Site Containment Area Requirements - Ordinance 99-51, which repealed Ordinance 91-47, was adopted by the Board of County Commissioners on June 22, 1999 with a recommendation of approval from the Environmental Advisory Committee (EAC) and the Development Services Advisory Committee (DSAC). During the review of the proposed amendment both committees were given a summary of changes which included the following for Section Ten of the Ordinance in question. Section Ten: Waste Materials Management · Added provision for the identification of containment area on site plan for residential lots exceeding one (1) acre in size; · Increased the excavation depth from three (3) to five (5) feet; · Decreased the fifty (50) foot setback from rear property line to fifteen (15) feet; · Added a minimum requirement of twelve (12) inches of inert waste material to cover vegetative containment area; · Reduced the maximum finish grade requirement for containment area from twenty- four (24) inches to six (6) inches above the surrounding natural elevation; · Decreased the one hundred (100) foot setback from any structure to seventy-five (75) feet; and · Added a prohibition for the excavation of any containment area created and prepared in accordance with this section. On September 1, 1999, County staff met with members of the Collier Building Industry Association, Inc. (CBIA). At that time it was expressed that CBIA had not been informed of the changes to Section Ten. Several CBIA members believe the change requiring the covering of containment areas could raise the cost of construction in the Golden Gate Estates area. F: exec sum dsac AGF. NDA ITEM FEB 2 2 2000 n. ? The DSAC's Land-Use Subcommittee discussed this issue on September 9, 1999. Testimony was offered regarding the affect the' requirements would have on construction costs. There was a difference of opinion by CBIA members in their projections of the increased amounts, ranging from $2,000 to $8,000 for a typical Golden Gates Estate's lot, as stated in CBIA members' correspondence (Attachment 1). The Land-Use Subcommittee requested that Code Enforcement staff proceed to amend Ordinance 99-51 to reflect the requirements for Waste Materials Management previously in effect, which did not clearly require the covering of containment areas. Staff is of the opinion that the changes authorized in Section Ten will not increase the cost for construction to the extent indicated in the enclosed letters (Attachment 1). Staff estimates the cost of this regulation to be no more than $700 to $800 per containment site, with a minimum additional on-site excavation time, if necessary, estimated at $200. The adopted changes were intended to provide more flexibility to the builder with the reduced setback requirements and increased provisions for excavation depth. The bonus for the property owner and community at large is the clarification that containment areas be covered rather than left exposed and detracting from the aesthetics of the property. The Natural Resources Department has requested that the current Ordinance 99-51 incorporate requirements of the Florida Administrative Code (F.A.C.), Section 62-701.803, General Permit for Off-site Disposal of Land Clearing Debris (Attachment 2). Such requirements have been established for "land clearing debris disposal facilities" in Collier County. However, in order to promote the safety, health and welfare of the public and control odors and vectors, staff recommends the additional requirement for closure of containment areas on residentially zoned lots exceeding one (1) acre in size and property in the Estates. Adoption of a modified version of this Section of the F.A.C. would require a final cover consisting of an 18-inch thick soil layer capable of supporting vegetation and graded to eliminate ponding, promote drainage and minimize erosion. Staff recommends the finished elevation of the containment area above the existing natural ground shall be as follows in order to provide for decomposition over a five (5) year period: Depth of Waste Below Existing Ground 5 feet Finished Elevation Above Natural Ground 2.5 Feet 4 Feet 2.0 Feet 3 Feet 1.5 Feet Input was provided from the Environmental Health and Engineering Section of the Florida Department of Health, as well as, the Collier Mosquito Control District. Both agencies have provided correspondence in support of retaining the requirement for covering containment areas (Attachments 3 and 4 respectively). If the requirement is retained, County expem ~,,r~ .,-~ .~-, FEE1 2 2 2000 projected to increase, and a gradual long-range decrease in expenditures may be anticipated in the Mosquito Control District's budget for controlling the Estates. Staff projects a minimal increase in construction costs to be borne by the public. Rental Registration Requirements - Ordinance 89-06, the Collier County Standard Housing Code, was amended by Ordinances 96- 76 and 99-58, to establish rental dwelling unit registration requirements and procedures. A new section was added in 1996 that required the registration of a local agent for rental dwelling units. In 1999 the Board modified the Ordinance again and included the following changes: 1. Language requiting the registration of all rented dwellings and dwelling units in Collier County; 2. Clarifying whom may serve as local agents or operators as well as establishing their requirements and responsibilities; 3. A requirement of a written agreement between the property owner and agent authorizing the agent to serve as the owner's representative and the agent's acceptance of the responsibilities set forth; 4. Language specifying the intended terms, expiration, renewals, and transfers of certificates. Certificates are good for one year All expire on August 31st of each year · A transfer or supplemental certificate may be issued to reflect changes in information. If the County is not notified within 10 days of the change, the certificate will no longer be valid; and 5. Language clarifying under what circumstances certificates would be revoked or canceled, especially · If any information is found to be false or fictitious; or · Should payment be dishonored by a financial institution. Fees were established in 1999 for registration of rental dwellings. The initial registration and annual renewal fees were set at $15.00 and $10.00, respectively. In implementing the requirements of these Ordinances, the County allowed voluntary registration of rental properties in 1997 and 1998. In 1997 property owners were notified of the requirement to register their rental properties by public notice in the newspaper resulting in approximately 2,500 units being registered. In 1998 property owners/agents were not notified of their continuing requirement to register. Consequently, the number of registrations decreased for that year. In 1999 a courtesy notice was sent regarding the mandatory registration requirements. Approximately 2,200 registrations were issued as a result of that notice. F: exec sum dsac k6F. lqOk FEB 2 2 2000 The following table reflects the number of units registered and the fees collected during this three-year period. TABLE 1 TOTAL REGISTRATIONS COLLECTED YEAR INITIAL FEES RENEWALS FEES TOTAL COLLECTED COLLECTED COLLECTION 1997 2,461 $36,915 0 $0 $36,915 1998 0 $0 833 $8,330 $8,330 1999 326 $~,890 1,890 $18,900 $23,790 In addition to the number of registrations renewed in 1999, there were 2,962 applicants who failed to renew as required by the Ordinance. These delinquent registrations were transferred into code enforcement cases and are being processed by staff Investigators. The total number of delinquent registrations is equivalent to the average number of cases addressed by an Investigator in a one-year period, which is approximately 2,000. The figures in Table 1 clearly indicate the benefits of providing renewal notices to property owners/agents, which staff proposes to do on a courtesy basis. The projected cost for mailing and administering these notices far exceeds the costs included in the current fee schedule. Staff proposes an increase in initial registration fees to $30 and renewal fees to $15 to help offset the added service for this program. Such may result in an increase in Rental Registration Program Revenue of approximately $15,000 in the first year. Staff also proposes clarifying the cost by dwelling type and formalizing the fees associated with the implementation of this Program as indicated in Table 2. TABLE 2 PROPOSED RENTAL FEES DWELLING TYPE INITIAL FEE RENEWAL FEE Single Family Mobile Home Duplex Multi-family Complex Mobile Home Park $30 per unit $30 per unit $30 per unit $30 per unit $30 per unit $15 per unit $15 per unit $15 per unit $15 per unit $15 per unit Staff proposed these modifications during presentations to the DSAC in January and February. The Committee stated that since the projected cost for administering the Program, even after the fees are increased, exceeds the estimated amount that may be collected by the Program, the Program should be discontinued. Staff believes this Program has benefits, especially for those residing permanently or seasonally in rental units. Staff experience and accepted national housing surveys have clearly demonstrated that unsafe and unsanitary conditions occur with greater frequency in rental dwelling units, F: exec sum dsa~ especially due to absentee landlords. Unsafe and unsanitary conditions can be eliminated or prevented through adopted and enforced housing standards. The rental registration requirements were adopted by the Board to enhance the enforcement of the County's housing standards. Such has resulted in the upgrade of living conditions and an overall enhancement of the general health, safety, and welfare of the residents and property owners in the County. Additionally, staff time expended on research and compliance enforcement has been dramatically reduced by the implementation of the Rental Registration Program. Since the implementation of this Program, the average number of visits conducted per case was reduced from 3.5 to 2.2. As public awareness of the Program increases, staff time expended on obtaining · compliance is anticipated to continue to decrease even further. FISCAL IMPACT.- There is no fiscal impact generated by this request. GROWTH MANAGEMENT IMPACT: No impact on the growth management plan is anticipated. RECOMMENDATION: That the Board retain the requirement for covering containment areas, as currently prescribed in Section Ten of Ordinance 99-51. If the Board elects to retain the current requirement for covered containment areas, staff recommends authorization of an amendment modifying the specifications for these containment areas as delineated in this Executive Summary. Staff also recommends that the Board retain the rental registration requirements as currently prescribed in Section Six of Ordinance 89-06, as amended and that the Board direct staff to revise the rental dwelling fee schedule to increase the initial registration and annual renewal fees as listed in Table 2 of this Executive Summary. SUBMITTED BY: ~-~~ "~--'* ' ~--" Date: ~, Il-oO Michelle Edwards Arnold, Director Code Enforcement REVIEWED BY:~~ ~ g'~'~'~'~tor Date: Planning Services APPROVED BY ~ial~iuna~n e~~i~E'~ Date: ~(~autero, AICP, Administrator Community Development & Environmental Services F: exec slim dsac FEB 2 2 2000 CBIA ATT&CH~EBT 1 ( 1 lpages ) P,es~enl Rick Melson John Lee A~c~ale ~ Pr~i~nl Jennie Keller ~afle~ ~eade Tr~a~r~ John Hash P~sI Pr~nl John Wigan Dave Weston ~b Guididms Ex~ V P David EIII~ F,rsf Y~ar Tr~ B~ns Waller Craw4o~d ~om W~ T~d Gal~ J~m Tacke~ , ~ond Year Ned ~rrdl ~no L~go ~n S~ve ~1 S~h F,~I Year Trade ~dm ~n S~ S~ S~Ond Yea~ Trade As~a!e Tr~ Tiara F~rsf Y~a~ Prol~sl~al Kathy Garren Odl Kuhlman S~d Yeat Chuck C~r~ck ~ Gu)d~as Council Chairs T~ Buhs Kr~'oed fltn LITTER WEED ORDINANCE REVISIONS The Collier Building In_~_~_<t.W ~o=adon (CBIA) is concerned abou~ several a~,=t~ or the Litter Weed Ordinance revisions recently enacted in Collier County. Historically, Golden Gate builders have been able to excavate site fill material from their construCtaon sites on lots exceeding one acre. The excavaUon site could then be filled with the vegetative grow-,.h that was removed from the same lot. These two procedures save tho,,~nds of dollars to the homebuyer in site development costs. Umil recently, builders were not required to cover the vegetative material with fill material and were allowed to place the vegetative material up to 24 inches in height above the natural grade. Th~ new ordinance would require that the "vegetative comainment area shall be covered b~ Inert Waste Material at a minimum of twelve (12) inches with the finished grade being six (6) inches above the surrounding natural devation". CBIA is concerned that requiring twelve (12) inches of cover and allowing only six (6) :nches above natural grade: . would dramancally increase the amount offill material needed. e would create a safety hazard for the homeowner. · would create a potential risk for f-tma-e construction over the buried material. · would cost ss gm fi cantl y more for the contractor and the homeowner (Excavators have estamated that the new policy would increase the cost of site preparation from roughly 52,000 to $3,000 on a typical Golden Gate Estates lot). Before these changes, homeowners in the Golden Gate area saw the practice of not covenng the vegetative containment as acceptable and neces~ry to keep housing affordable. Most builders in the area even had provisions in their contracts to explain the process. Frankly, the process was not broken and we do not see the need for the prescribed changes. CBLA is concerned that these changes would have a tragic effect on the affordability of housing in the Golden Gates Estates area, one of the most affordable areas for the working people of Collier County. RECOMMENDATION CBIA recommends that Collier County restore the provision m the Litter Weed (~)rdinance that would not require contractors to cover the vegetative material with fill material and would allow placement of debris up to 24" above natural grade as originally provided. COLLIER BUILDING INDUSTRY ASSOCIATION, INC. 2465 Trade Center Way * Naples, Florida 54109 * (941) 592-6100 Fas (941) 592-0100 http://www. CBIA.net Oct 06 99 09:29a Rmertcan Dream Builders 1941) ~G3-OI~I p.2 October 6. 1999 Collier County Building Department 2800 North Horseshoe Drive .Naples, FL 34104 RE: New Litter Ordinancc (99-51 ) DSAC Subcommittee: The majority of the new li~cr ordinance (99-51) will make a positive impacl on Golden Gate Estates Thc~c is one small, almost unseen, change in section ten (Waste Materials Management). The cover requirement for the containmem area changed from "maximum of six (6) inches" to "minimum of twelve (] 2) inches". The old code of a maximum of six ('6) inches has been interpreted as no covcr a~ all. The majority of homes built in the Estates have no cover on their containment ateas. The new code docs theor~cally provide for increased volume of fill to be removed from the containment an:a (chansed from three feel to five fee~ deep). The major problem is that mo~ lots can't be dug to five feet and the lots that can b~ dug to five fee~, can only be dug in thc dry season. Enclosed is a proposal from Pena Trucking (American Ih'cam Builders, Inc.'s primal' excavator) His best es~mate, if no fill has to be imported, is $1,975 00. With overhead snd profit ',.his will result in approximately a $3,000.00 increase in the sales pri~: of all homes Using an 8% intere~ rate, the minimum income to qualify for a home under the new code will increase $71 00 pm month. The momhly payment will increase by S2200. The total cost to the customer is $7,900.00. Home prices have already increased more than 3% ti'us year This new codc will double that increase. If there wcre not many complaints regarding thc containment areas, is there reason to change what has been working all along. Sincerely, James M. McCord, President American Dream Builders, Inc .I~fiVdkap FE. 2 _" 2 00 Oct OB B90S:2Sa Rmerican Dream Builders [941) 263-0%?1 p.3 P¢ a Truckin9 & Exc. 411 Golden Gate Blvd. W. Naples, Florida 34120-2168 (941) 45,.%-8106 f~x (941) 455-6404 II PROPOSAL FCustomer ~,~ iD ame American Dream Bui~lers, Inc. *1 ate ddress 6022 Radio Road .J rty ~ta'~FL ZIP :)4104 :l Phone 941-26~-9494 Fax 941-263-0~'1 -- -/) 10/01/99 Job # 99-005 1081 - 11 St. SW Description '~¢~litiorml Cosl from O~i<]inal Proposal i iCover hole m backyarcl with Fill on top of cleb~s. Unit Price Sl ,975.00 TOTAL $1,975.00 IVery few lots ca~ be dug to f'we (5) feet Payment Details 0 1si or 15th of Ihe month depending on completion TOTAL $1,976.00 J 'Additional work requested wil be charges separately AGREED TO AND ACCEPTED This day of October 1999. AGEt~A ITEM FEB 2 2 2000 OF NAPLES, INC. 2640 White Blvd. · Naples, FL 34117 · MOBIL (941) 2S3-8324 · OFFICE (941) 352-1804 o FAX (941) 353-4126 09/29/99 CBIA 2465 TRADE CENTER WAY NAPLES, FL. 34109 ATTENTION · PRESIDENT OF CBIA Dear Mr. David Ellis Regarding the proposed changes to the new Litter Weeds, & Exotics control Ordinance 99-51 (copy attached) I see the cost of single fam~y homes rising significantly. ffwe leave the pit open a 9000 sq. ff. pit 8 ff. deep will produce 1000 cubic yds. of the 1100 cubic yds. needed for the complete job of building ~ average 4/t. high pad with 5 ft. shoulders and 4 to 1 slopes including drainfield cover and driveway tie ends. On average we are now adding 100 cubic yds. On average we only have 400 cubic yds. of brush to clear for a 1750 sq. ff. house. Therefore; we will only gain 400 cubic yds. if we have to cover the pit. this means we must import 700 cubic yds. (~ $ 5.00 per cubic yd. for an increase of 600 cubic yds. over what we are now importing at a total cost of $ 3(X)0.00 plus extra loader work of $ 500.00 to cover the pit. This will increase the cost of a 1750 sq. ft. house by a total of $ 3500.00 and make it much harder for a young family to qualify for a home loan. Sincerely, Tony D. Bowman AGENDA I FEB 2 2 2000 Gulfstream Homes September 25, ! 999 TO: FROM: Collier County Development Services Stephen Peel Owner Proposed Changes to Golden Gate Estates On-Site Fill Practices To Whom it May Concern: It is our strong opinion that the proposed ordinance change for vegetation burial in the Golden Gate Estates area b-ill have a significant impact on the cost of new homes in this market. The ordinance, as written, will require builders to completely cover the excavation areas with 12" of fill material after all vegetation has been deposited. There are many cases where there is not enough vegetation to fill in the excavated area. With the high elevations required by the Health Department for septic tanks, an average home gill take somewhere between 50-70 loads of fill to complete the job. There are also many cases where, with the presence of rock, it will impossible to generate the additional fill that would be required to cover the vegetation. The result will be a requirement to import additional fill or spend significantly more labor time to generate the additional fill required by the ordinance change. If this ordinance is put in place, we will be forced to increase our sales prices somewhere between $3,500 and $5,000 to cover the costs of importing fill since the new ordinance will eliminate the cost savings ofon-site fill in most cases. And while we promote the importation of fill to our customers for aesthetic reasons, we feel they should have a choice. Where is the harm in the current practices for on-site fill? If current setback, depth and size requirements are enforced, we struggle to understand the reasons why a change in the ordinance is even being considered. We would be happy to discuss this matter further and hope that you carefully weigh the impact of the changes that you are considering. Stephen L. Peel 2730 Golden Gate ~ulevard W. · Naples, Florida 34120 - Office (941) 455-4363 · Fax (9411 w w w g u ! f s t r e a m h o m e s c o m AGENDA ITE. M FEB 2 2 2031 I CONFIDENCE [BUILDERS, INC. October 4, 1999 C.B.I.A. 2465 Trade Center Way Naples, FL 34109 Atto: President Re: Ordinance # 99-51 Dear Mr. David Ellis, Please review the following information regarding the proposed ch~n~ to the new litter weeds and.exotics control ordinance. I can project that the cost of single family residences 'will substantially rise anywhere from $3500 to $8000, per structuxe, depending on the size. I have enclosed a site plan reflecting the average homesite in the estates, Which is two and a half acres and the containment area represents an in~gnificant amount of space which is not visible to the homeowner. Also, afl:er several years the area decomposes and becomes natural earth once again, The impact of this change will also require the county to allow additional fill pits to be utilized in order to provide the amounts of fill necessary to allow development of these areas. The impact on the landfill will escalate as more and more trees are hauled in for disposal. From my research, I feel that the ordinance should remain as is. If Collier County proceeds with this ordinance change, it will have a negative impact on future homeowners and the building industry. Respectfully, President CRC057399 9 Del Prado Boulevard N. #B ° Cape Coral, Florida ° 33909 (941) 772-2266 · (Fax) 574-3353 CRCO 57399 FEB 2 2 2000 Pg. ~ I~ IoO/ ~t~/ J ~ FEB 2 2 2COO Sent Dy: REUINGTON HOUES ~41 455 4481 10/06/99 7:43AU Job 283 Page 1/1 : .Remington nomes RII>A. INC, October 5, 1999 ).Ir David Ellis, Exccutivc Officer C'BIA "465 Trade Center Way Naples, FL 34109 Dear Nb' Ellis, As we approach thc n~v millennium, one ofo~r finest rights and biggest dreams as -Mnerican.% is the right to own our homes. Having been advised of'the pending changes to thc Li~ter Weeds &: Exotics Control ()rdinancc 99-S1, ! felt obligated.? express my concerns about Ihc~c proposed changes. To require that the contanmcnt areas have a mandatory cover ofat least six inches has bccn calculated and documented that an additional, average expense or :$3,000.00 to s4,0o0 00 can be expected for thc development costs of each building lot in Golden Gate Eslates. The vas1 majority of the residents of Golden Gate Estates are the workin8 people of our county. It is one oflhe few, affordable places left for us to live in Collier County. For every $1.000.00 increase in the price ora home, many GrOUt working people can no longer qualify tbr a mortgage. By enforcing these ordinance changes as proposed, two evems will occur I Many potential homeowners will be turned away from their pursuit of the "dream' 2 Those who still manage to qualify for a loan, will be paying for an additional cxpen.~ inch does not add any value to thc property Appraisal firms will not be able to justify the covc~' ora containment area as value. Thi.~ may uhimatcly affect these people as well I have bom responsible for the building and completion of well over 300 homes in Golden Gate Estates and the cover issue has never been a problem with customers. Prior to contract. 1 have always explained the excavation practices used in thc "Estates". Never has a customer r~quested the containment area be covered. Let's see to it that those individuals in charge with such matters reconsider the ordinance changes and leave the cover issue as an option for homeowners who want the cover and are willing to pay for it. Let's keep the "American Dream" affordable and not make code changes that will affect ti~ose who can least afford it. President Remingt~il~s of' Florida. Inc. AGENDA ITEk FEB 2 2 2.000 18/86/1999 13:07 9~1 -3~8-B69~ K Eh~W~J~( CC~ST;MJCT I 0N P/~E 81 '" i CONSTRUCTION f October 6, 1999 Mr. Tom Kuck Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Revision to on-site containment of vegetation code Dear Mr. Kuck' Your proposal to revise the above referenced code will have a significant impact on our customers We have determined a cost of approximately $2,000 to $4,000 that must be added to each contract to comply with your proposed code change. This cost is cletermined by the increased time (labor) it would take for our excavators to cover the on-sste vegetation containment area with 6' of fill. There is also the potential of added costs to have extra fill hauled in from off site when rocky conditions occur. We have mentioned th~s code change lo several of our customers to get their response. Their general concern is for their children and pets being trapped in potential sinkholes that could be created over time when these containment areas are covered by fill. We are at a toss of uncl~ding the reason for th~S code change, and what thss will accompl,sh We have n~fer ha~l a complaint or ~nc.,~lenl with our implementation of the presen, code. ,~ / Mark M. Perry President STATE CERTtFIF. D GENERAL CONTRACTORS CGC024682 1700 SANTA BARBARA BLVD. · NAPLES. FL 34116 · (941) 348-9600 FEB 2 2 2000 1B/06/1~99 12~57 ~i-]~8-S6S6 KE~ C~TRUCTI0~ P~zE 02 To Whom It May Concern: To add 6" of fill on top ofth¢ buric~l vegetation will cost me $1,000 to $1,500 in labor. If we can't dig for fill on site i! could cost additionally $1,000 to $2,000 for the fill to b~ trucked. I must pass this cost tm to my customers. Sincerely, Francis Miller K.I.M. Trucking A~A IT; FE3 2 2 2C00 1B/06/1999 12~57 9~1-~Bo~6~6 KE~ C~TRUCTION PAGE To Whom It May Concern: The proposed revision to the on-site vegetation containment code in the Golden Gate Estates area will cost more in labor and possibly material. We have estimated an addihonal labor cost of $1.500 - $2,000 to each homeowner to adcl §' of fill on top of the buried vegetation Where fill can not be obtained from the site due to rock, there w~ll be additional fill material charges of between $1,000 to $2,000 for the fill to be hauled in from off site. FEI 2 2 2000 EXECUTIVE SUMMAI{Y ATTACHMENT 2 62-701.803 General Permit for Off-site Disposal of Land Clearin~e~.S) (1) Notification. Notwithstanding the provisions of Rule 62-701.730, F.A.C., facilities which accept for disposal only land clearing debris may operate under a general permit pursuant to Part IIIof Rule 62--4, F.A.C., and this section. For purposes of this rule, the term "land clearing debris" means rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Land clearing debris does not include vegetative matter from lawn maintenance, commercial or residential landscape maintenance, right- of-way or easement maintenance, farming operations, nursery operations, or any other sources not related directly to a construction project. The owner or operator of the land clearing debds disposal facility shall notify the Department in writing on Form 62- 701.900(3) of the intent to use this general permit. Owners or operators of solid waste management facilities which have a permit under Chapter 62-701, F.A.C., to receive land clearing debris are exempt from this requirement. The notification shall include: (a) A site plan, of a scale not greater than 200 feet to the inch. which shows the project location and identifies the proposed disposal areas, total acreage of the site and of the proposed disposal area, and any other relevant features such as water bodies, wetlands, or potable water wells on cr w~thin 500 feet cf the s~te; (b) Identificat~cn of c. rcund water levels at the s~te, including the seasonal high Ground water level ~f known. A general descriptIon cf the faohty operations, inCud~n§ equipment and planned for the cperabcn and closure cf the fac:liLy; A tcu~dari survey, le.cal descr~pt:cn, and tcpcc, raph~c sur,,ey cf the (c) personnel (d) property; (e) (O (g) (h) authorization (2) The planned active life of the fac:liLy, and the design height cf the facdlty; Closure plans and cross section details of the final cover; The reading address and phone number of the owner and operator; and Occumentat~on that the apphcant either owns the land cr has legal from the land owner to use the land for a disposai~"fac:lity Certification. Within 30 days cf completion of construction, the applicant or the engineer of record shall certCy to the Department that the permitted constructIon is complete and that it was done in accordance with the plans subm~ed to the Department except where minor deviation was necessary. All deviations shall be described in detail and the reasons therefore enumerated. (3) Other requirements. The requirements of Rules 62-701.330 through 62- 701.630, F.A.C., do not apply to land clearing debris disposal faolities, provided that none of the prohibitions contained in Rule 62-701.300, F.A.C., or the water quality standards contained in Chapters 62-3 and 62-302, F.A.C., shall be violated. (4) Stormwater. Stormwater shall be controlled in accordance with Chapters 62-25 and 62-330, F.A.C. A copy of any permit for stormwater control issued by the Dep..artment, or documentation that no such permit is required, shall be submitted to the Department before the facility receives waste for disposal. Applicants should be aware that other government agencies may also regulate stormwater management and may require separate permits. (5) Temporary storage. The owner or operator shall make arrangements or shall have equipment for temporary storage, handling and transport to an autho '~ze~~--~. FEB 2 2 2000 disposal or recycling facility for solid waste, other than land clearing debris, which is inadvertently accepted by the facility. Such solid waste which is accepted by the facility shall be segregated and disposed of in accordance with Department rules. Unless an alternate schedule is included in an operation plan submitted with the permit application, which provides for the control of odors and vectors, putrescible waste shall not be stored for longer than 48 hours and non. putrescible waste shall not be stored for longer than 30 days. Any hazardous waste which is received by the facility shall be managed in accordance with the provision of Chapter 62-730, F.A.C. (6) Compaction. Land clearing debris shall be compacted and sloped as necessary to assure that the requirements of subsection (10) of this section can be met. (7) Access. Access to the disposal facility shall be controlled dudng the active life of the facility by fencing or other effective barriers to prevent disposal of solid waste other than land clearing debds. (8) Inspection of waste. At least one spotter shall be on duty at the working face at all times then the sIte is operating to inspect the incoming waste. Any material other than land clearing debris shall be removed from the waste stream and placed into appropriate containers for disposal at a permitted facility. (9) Inspections. Operation of a facility under a general permit constitutes consent for Department personnel to inspect the s~te and such records as are required by this section dunng normal t::us~ness hours for compliance w~th Department rules ...---(I 0'~- - CIo~ure ? F"'Tn',~1 cover and' seeding cr pta nt~ng of ;.'e~:etatrve cover shall be .'7-~l~,ced on each disposal umt w~th~n 180 days after final'rede,pt cf wastes Final cover shall cons~'"~bf~'a~r.-~nch-th~ck Sod layer, the upper slx inches of which shall I::e capable of supporting vegetation and shall be graded to ehmlnate pond~ng, promote drainage: and minimize erosion. The slde slopes of all above-grade disposal areas shall be no greater Wan three feet horizontal to one foot vertical rise. . _....--- ~ -~'~11) Notification el'closure. The owner o..r operator shall not.~fy the'~-'D~partment ,,',,dh~n 30 da"/'~-eft.r-c,0s~ng, c,.,,er, a.g..and-.see~d~ng the~ aac~l~/"~S required ~n subsecbon (10) of th~s section. (12) Inc~nerat~cn. A facdity which employs an a~r cur'ta~n ~nclnerator and which also stores or disposes of land clearing debns at the site shall meet the permitting requirements of Rule 62-256.500, F.AC., as well as this secbon. (13) A general permit issued under this section shall be valid for five years. The permit fee shall be $100, as required under Rule 62-4.040, F.A.C. Specific Authority 403.704,403.707,403.814, FS. Law Implemented 403.707. 403.814, FS. History New 8-2-89; Amended 1-6-93. 1-2-94, 5-19-94. Formedy 62-701.803. Amended 12.23-96, 4-23-97. AGF. NDA I'rEM FEB 2 2 2000 Jcb Bush Governor Environmental Health & Engineering January 7, 2000 Robert G. Brooks, M.D. Secretary EXECUTIVE SUMMARY ATTACHMENT ~ Ms. Michelle Edwards Arnold, Director Code Enforcement Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Arnold: Reference is made to your letter of Dec. 28, 1999 presenting proposed changes to specifications for on- site containment areas. The draft ordinance amendment has been reviewed, and I would concur that these proposed changes to cov~r and grade containment areas would be beneficial. Uncovered areas allow for ponding which would provide for mosquito breeding. Uncovered areas also allow for rodent nesting which is also undesirable. Uncovered areas also provide for tripping or falling hazards, especially during periods of darkness. Accordingly. from a health and safety point of view, it is recommended that the draft ordinance be enacted. It is noted that in the third whereas, second line of the draft ordinance, the word change should be changed ...recommended to be changed. Your reference to the Florida Administrative Code, Section 62-01.803 should be Chapter 62-701.803. It is noted that this paragraph is applicable to land clearing debris disposal facilities, l'm not sure that it should be used for a residential lot containment area. Also the current FAC stipulates a 24 inch thick soil layer. I don't see a problem just specifying whatever is appropriate ~4thout the FAC reference. If I may be of further assistance, please call me at 403-2499 or internal extension 5528. Allen R. Ruth, P.E., Director, Environmental Health & Engineering 2800 tlorscshoc Drive ,, Naples. Florida ~, 34106-0429 Telephone (941 ) 403-2499 Collier County Health Department Susan Craig, IL'q, AL4, Acting Direcwr Naples. Flo st O~~ ' ida * 3410&0429 FEB 2 2 2000 600 NORTH ROAD NAPLES, FLORIDA 34~04-3464 Telephone: (941) 436-1000 Fax: (941) 436-1005 .'..a: collier-mosquito, org CO.MM. ISSI ONERS: JOHN N WINTERS, CHAI~kL&N ROBERT D GEROY, SECRETARY /EANN~ E BROO ' -KER. TR.EASD'R.ER FRANCIS J BLANCHARD ROBERT A BOYER DI~,ECTOR~ FRANK W %'.~ ESSEN. PhD January 20, 2000 EX~ECUTIVE S~Y ATTACHMENT 4 Ms. Michelle Edwards Arnold, Director Code Enforcement Community Development and Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Arnold: The following is in response to your letter of December 20, 1999 in regard to proposed changes to specifications for on-site containment areas. It is certainly true that uncovered holes in the ground produced during new home construction that hold water for five to six days may produce mosquitoes. Holes in the ground that contain decaying vegetation are even more attractive for female mosquitoes to lay her eggs in and the microbial fauna produced in such a situation serves as a very good food source for the mosquito larvae that hatch from the eggs. These holes will, therefore, produce even more mosquitoes than holes containing cleaner water. It is important that these potential mosquito breeding sources are covered so as to prevent what could be significant mosquito production. Sincerely, Frank Van Essen, PhD Executive Director FEB ~0 EXECUTIVE SUMMARY CLARIFICATION OF TRANSPORTATION ISSUES PRESENTED TO THE BOARD OF COUNTY COMMISSIONERS IN THE AUIR (ANNUAL UPDATE AND INVENTORY REPORT) ON JANUARY 25, 2000. OBJECTIVE: To provide the BCC with an interim clarification on the information contained in the Transportation portion of the Annual Update and Inventory Report on Public Facilities (AUIR) presented on January 25, 2000 pending the Transportation Workshop scheduled for March 7, 2000. CONSIDERATIONS: The County Transportation Planning Database constitutes the county's annual transportation concurrency report card. The report as presented on January 25, 2000 outlines the concurrency status of the various roadway links in the county, projected year of deficiency, planned improvements and timing, and current revenue projections for the five year planning cycle as required by local and state statutes. The report also notes some potential problems related to the future revenue stream and probable projects to be added at a later date. The report was not intended to mask or diminish the significant transportation issues and concerns facing the community and the BCC in the next five years and beyond. It should be appreciated that an AUIR may be issued that basically states that the transportation system is consistent with the Traffic Circulation Element of the GMP, when in fact certain roadway segments are operating at a deficient level of service. This scenario is the result of provisions which provide for continued impact to deficient roadway segments when the corrective deficiency action is committed by way of an improvement schedule that will have the LOS corrected within three (3) years of its deficiency determination. When this condition exists provisions of the Adequate Public Facilities Ordinance requires the issuance of a positive AUIR. In part in response to this condition the BCC has scheduled a public hearing workshop for March 7, 2000 to explore viable alternatives to the condition which may result in development approvals further exacerbating deficient highway segments. FISCAL IMPACT: This interim report has no fiscal impact. RECOMMENDATION: That the BCC receive staff's interim clarification and provide comment and direction as needed. FEB )) ~) 2~ PREPARED BY: STAI~ LITSINGER, COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: PLANNING SERVICES DEPARTMENT DIRECTOR DATE EX SUMMARY/ FEB 2 2 ZOO0 Pg. ~ EXECUTIVE SUMMARY APPROVE FINAL ALIGNMENT AND TYPICAL SECTION FEATURES FOR GOODLETTE-FRANK ROAD FOUR LANING IMPROVEMENTS BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD, PROJECT NO. 60134. OBJECTIVE: Approval of key design features for Goodlette-Frank Road four laning improvements which meet both long term community needs and minimum engineering criteria. CONSIDERATIONS: In accordance with a Board approved Professional Services Agreement, Johnson Engineering, Inc. has completed a project development stage for Goodlette-Frank Road four laning improvements between Pine Ridge Road and Vanderbilt Beach Road (2.42 miles). Background information on project development activities and public concerns on property impacts north of Orange Blossom Drive are outlined in ,4ttachments 1-1 and 1-2 to this report. (A) As to project objectives and right-of-wag: At the outset of the project, four (4) principal obi ectives were recognized and adopted as a vision for Goodlette-Frank Road. The four (4) project objectives in combination provide a balanced approach towards meeting long-term community needs as well as engineering and policy requirements of Collier County. Each objective, as listed below, is considered to be a crucial component of the total project with associated right-of-way requirements for proper implementation. SYSTEM OBJECTIVES REQUIRING RIGHT-OF-WAY I(1) Roadway System (Six Lanes Build-Out). (2) Utilities System (Outside Pavement Areas). (3) Inter-Modal System (For Pedestrians/Cyclists). (4) Crreenway System (Landscaped Roadside). A total of seven (7) roadway/utility alignment and typical section alternatives were developed and analyzed for feasibility. Several alternatives have designated sub-alternatives (i.e., 7, 7A, and 7B). It is noted that additional right-of-way will need to be acquired to implement any of the investigated alternatives. The existing right-of-way corridor between Pine Ridge Road and Vanderbilt Road is quantified below: a) 100-foot wide existing right-of-way along a 2-mile segment north of Pine Ridge Road, and 130 feet wide along the remaining 0.42 mile segment to Vanderbilt Beach Road. b) 40-foot wide existing drainage easement on the west side of Goodlette-Frank Road beginning at a point several hundred feet south of Orange Blossom Drive, and thence nmning approximately 0.72 miles north to Carica Road North. c) 15-foot wide existing right-of-way easement adjacent to and east of the east right-of-way line, running approximately 1.9 miles north of Pine Ridge Road. (B) As to the ~nal selected alignment and t~pical section alternatives: Alignment and typical section alternative No. 6 (Attachment 1-3 and 1-4) is the preferred and Executive Summary Goodlette-Frank Road, Page 2 recommended design scheme. Four (4) additional alignment and typical section alternatives have been established to address property impact concerns by residents of the Pine Ridge and Calusa Bay communities. These additional alternatives (6A, 6B, 7A, and 7B) are designated as /tttachments 2, 3, 4, and 5-1 to this report. Each of these four (4) additional alternatives only apply to the roadway segment north of Orange Blossom Drive along the property frontage (2,300 feet +-) to the Calusa Bay and Pine Ridge communities. 1. Alternative No. 6A (Attachment 2) requires approximately 135.5 feet of fight-of-way and would necessitate an easterly relocation of the Calusa Bay berm. No encroachment into the westerly 40-foot drainage easement is planned under this alternative. The four (4) project objectives mentioned in paragraph (A) can be achieved with alternative No. 6A, although access for ditch maintenance would need to be resolved. 2. Alternative No. 6B (Attachment 3) requires approximately 128.5 feet of right-of-way and encroaches both into the 40-foot drainage easement and the berm front slope. Retaining walls are required. Project objectives are achieved. Access for ditch maintenance would need to be resolved. 3. Alternative No. 7A (Attachment 4) is considered by staff and some residents to best meet the long-term needs of the public. A total right-of-way of 140 feet is contemplated along with a partial encroachment into the Calusa Bay berm for an effluent main facility. The 40-foot drainage easement is wholly utilized for the Greenway System. All project objectives are fully achieved. The County's consultant also prefers and recommends this design concept. 4. Alternative No. 7B (Attachment 5-1) represents the most contracted typical section. This design concept generally avoids structural encroachments into the 40-foot drainage easement, and only requires an 8-foot encroachment into the existing landscaped berm (as recently approved by Calusa Bay). However, due to the contracted right-of-way width to approximately 100 feet, alignment and typical section alternative No. 7B carries some technical and aesthetic disadvantages. The primary advantages and disadvantages are outlined in Attachment 5-2. (C) ~ls to probable construction costs for implementing alternatives at Calusa Bag: The consultant has prepared construction cost estimates for concept alternatives 6A, 6B, and 7A along the Calusa Bay/Pine Ridge property fi'ontages. Correspondence by the consultant dated 16 June 1999, designated as Attachment 6-1 through 6-4 to this report, provides an itemization of the work and costs. In summary, the probable total costs for these altematives is as follows: 1. Alternative No. 2. Alternative No. 3. Alternative No. 4. Alternative No. 6A: $1,321,600.00 6B: $1,688,000.00 7A: $1,073,000.00 7B: To be determined based on further development of design scheme. If right-of-way and property impacts were not issues, staff would support and recommend that Executive Summary Goodlette-Frank Road, Page 3 the Board adopt and approve alignment and typical section alternative No. 7A as the optimum design scheme along Calusa Bay, based on overall public commenting and the following five (5) principal criterions: o:. Initial Construction Costs · :. Public Support · :- Maintenance of Infrastructure · :- Public Safety and Welfare · :o Life Cycle Costs However, given community objections to any encroachment into the existing 40-foot drainage easement, public works management recommends that the Board restrict all roadway and related improvements to the County's 100-foot right-of-way pursuant to alignment and typical section No. 7B. (D) ~Is to mitigation of future noise impacts: A preliminary noise study has been performed along Goodlette-Frank Road in accordance with standard practice and specifications set forth by the Federal Highway Administration (FHA). This initial noise analysis was conducted on the basis of an assumed highway alignment and pavement location approximately 12 feet east of the westerly existing right-of-way line. Based on the FHA Noise Abatement Criteria (NAC) level of 67 dBA, findings of the initial study reveal that 27 sites are potentially impacted (i.e., 7 sites exceed the NAC, 14 sites meet the NAC, and 6 sites approach the NAC). A final noise study and related evaluations will be undertaken during the final engineering designs for Goodlette-Frank, upon Board approval of alignment and typical section alternatives. The final adopted roadway location is paramount to performing an effective final noise study for determination of impacted sites and mitigation designs. Staff concludes that a privacy wall is necessary and wan'anted as a noise abatement measure, but final locations and configurations of the wall system need to be determined during final roadway design activities. (E) As to a Board reaffirmation to perpetually close Carica Road South: /Ittachment 7-1 and 7-2 to this report provides a chronological history of Board discussions and actions on the closure of Carica Road South. Based on a right-of-way permit approved on 26 October 1996, Carica Road South remains closed to motor vehicles. Given the upcoming four laning of Goodlette-Frank Road, the Board is requested to reaffirm prior County decisions to perpetually close Carica Road South, wherein there shall be no physical roadway connection whatsoever between this subdivision side street and Goodlette-Frank Road. This reaffirmation is requested so that the final design results in a "Tee" intersection at Goodlette-Frank Road/Orange Blossom Drive rather than a four way cross intersection condition. Executive Summary Goodlette-Frank Road, Page 4 Upon Board approval of critical design parameters outlined in this report, the consultant shall proceed with final roadway and utility engineering designs and environmental permitting activities. This final engineering stage shall result in certified construction plans. Four-lane construction is progranuned to begin during the last quarter of Fiscal Year 2002. FISCAL IMPACT: There is no direct fiscal impact associated with this report and staff recommendations. Funds for final design and construction of Goodlette-Frank Road have been previously budgeted and appropriated under the project accounts for Project No. 60134. GROWTH MANAGEMENT IMPACT: The construction of Goodlette-Frank Road is consistent with the County's Growth Management Plan. This project is shown on the Year 2020 Roadway Needs Network Plan as well as the Year 2020 Roadway Financially Feasible Network Plan. RECOMMENDATION: Public works management recommends that the Board of County Commissioners: (1) Adopt and approve alignment and typical section alternative Nos. 6 and 7B for final design and construction. (2) Direct staff to conclude a final noise study during final roadway designs, and to retum to the Board for a presentation on technical findings and recommendations; and, (3) Reaffirm prior decisions to perpetually c1~93e Carica Road South, with no physical connection with Goodlette-Frank R~ SUBMITTED BYv~ri'~mir: A. l~yziw~ P.E., ~roject Manager III Date: ~ Public Works Engineering Department REVIEWED BY' ' z~' ' ~ Date (/.~d~ard N.~P~, Interim Public Works Administrator Attachment 1-1 Project Development Activities For Goodlette-Frank Road Project development activities for Goodlette-Frank Road were undertaken to determine feasible solution alternatives for roadway alignments, typical roadway features, environmental impacts, and related engineering requirements. This developmental stage of the project is comprised of three (3) categories or sub-stages. Category one consists of various preliminary engineering studies for the roadway system through six-lane build out. The second category entails a series of value engineering analyses of public water, sewer, and effluent mains to optimize costs and compatibility with roadway construction. A third and final category involves interface activities with local communities and land developers along the corridor. Key elements of the project development stage for Goodlette-Frank Road are presented below. PROJECT DEVELOPMENT CATEGORY (I) Preliminary Engineering and Environmental Assessment. (II) Value Engineering Study / Report On Public Utilities. (III) Community and Developer Coordination Meetings and Workshops. DESCRIPTION OF.4 CTMTY OR EFFORT Existing Conditions; Pedestrian and Bicyclist Needs; Landscaped Greenway; Typical Section Analyses; Drainage Concepts; Design Traffic Forecasts; Alignment Alternatives; Cost Analyses; Wetland Evaluations; Future Six Laning; Preliminary Noise Study; Right-of-Way Requirements; Private Property Impacts; Land Development Interface; Road Access Overview; FPL Power Pole Relocation Studies; Community Values; Safety Designs; Constmctibility and Maintenance; and, Related Efforts. Existing System Capacities; Long-term Service Demands; Field Locate Utilities; Policy Applications To Eliminate Utilities Beneath Pavements; Utility Alignment Alternatives; Construction Cost Estimates; Right-of- Way Requirements; and Land Development Interface. Coordination and Status Meetings with Pine Ridge Community; Calusa Bay Condominium Association; Autumn Woods Developer; North Naples United Methodist Church; and, Pine Ridge Commons PUD. Presentations made to PAC, CAC, and TAC. Advertised Public Hearing held in the BCC Chambers on 28 October 1999. ~ With regard to an alternative which meets the designated pro]ect ob[ectives: Utilizing the four (4) project objectives and existing right-of-way conditions outlined in paragraph (A) above, a preferred alignment and typical section alternative No. 6 was submitted by the consultant for review and commenting by staff and abutting communities. This alternative is designated as Attachment 1-3 and 1-4 to this report. Additional right-of-way requirements for FEB 2 2 2000 Attachment 1-2 alternative No. 6 vary along the corridor fi.om approximately 50 feet at the southerly terminus at Pine Ridge Road to 35 feet at the northerly terminus approaching Vanderbilt Beach Road. The final right-of-way width varies between 150 and 165 feet fi'om the south to north termini of the corridor. Although this alternative No. 6 meets the four (4) technical objectives, application of this typical section is not recommended continuously throughout the 2.42 mile corridor due to property impacts to an existing landscape berm and entry roadway features along the Calusa Bay development located north of Orange Blossom Drive. Other alternatives have been established. With regard to public concerns on property impacts north oir Orange Blossom Drive: Although the Pine Ridge and Calusa Bay communities generally support a typical section such as alternative No. 6, which embodies creative Inter-modal and Greenway Systems for public use and enjoyment, there is a clear concern and objection by residents on property impacts. In order to construct a roadway which includes each of the four (4) project objectives stated in paragraph (A) above, additional right-of-way will need to be acquired on either or both the west and east sides of Goodlette-Frank Road. Residents of the Pine Ridge community have expressed an objection to any encroachment and acquisition of the existing 40-foot drainage easement located on the west side of Goodlette-Frank Road. Similarly, the Calusa Bay community is opposing the loss or relocation of the existing landscaped berm, which lies within a County 15-foot right-of- way easement on the east side of Goodlette-Frank Road. These property owner concems and viewpoints on additional right-of-way requirements have been the topic of recent discussions. Several questions recently arose in this regard: 1) Why did the County approve the Calusa Bay landscaped berm within the County's 15-foot right-of-way easement? 2) Why did the County agree through correspondence to vacate the existing 15-foot right-of- way easement? 3) why didn't the County pursue additional right-of-way fi.om Calusa Bay through a traditional developer commitment process as part of site review activities? These questions are appropriately answered as follows: Right-of-way requirements for Goodlette-Frank Road contemplated at the time of Calusa Bay site plan reviews did not include additional land for the Greenway System, and also did not account for additional land for a separate corridor for the Utility System. County utility related policies and aesthetic needs for roadways have changed since 1995. Four lane and perhaps six lane improvements at the time Calusa Bay was approved were envisioned to occur primarily within the existing 100-foot right- of-way, and possibly within the existing 40-foot drainage easement. It is noted that the 15-foot fight-of-way easement has not been vacated. Attachment 1-3 FEB 2 2 2000 Attachment 1-4 ! 1 FEB 2 2 2000 Z~ '~> Attachment 2 FEB 2 2 2000 Iai;. ~ t~r~ Attachment 3 Z U~ 7 7 ~ 7 0 0 '1 FEB 2 2 2000 / / Attachment 4 Attachment 5-1 E-* 03 0 I - ~ 'I tin ] FEB 2 2 2000 I I ~' '/~ - Attachment 5-2 Advantages of t~pical section and alignment alternative No. 7B: Alternative No. 7B (Attachment 5-1) represents the most contracted typical section. This design concept generally avoids structural encroachments into the 40-foot drainage easement, and only requires an 8-foot encroachment into the existing landscaped berm (as recently approved by Calusa Bay). Disadvantages o_£ t~pical section and alignment alternative No. 7B: The standard median width of 19.5 feet (having a design speed of 45 MPH) is reduced by 4 feet to 15.5 feet (having a design speed of 40 MPH or less). This reduction in median width will not provide sufficient refuge for vehicles entering the roadway from Calusa Bay for westbound to southbound left taming movements. Further reduction of the median width, or even its elimination, is not permissible due to safety engineering considerations and the need for left mm lanes at Orange Blossom Drive and at the entry roadway to Calusa Bay. b) The Greenway System is non-existent. A major aesthetic objective is not achieved along a 2,300- foot roadway segment north of Orange Blossom Drive. c) The Utility System as a separate corridor for water, sewer, and effluent mains is also not achievable, resulting in the undesirable placement of public utility mains beneath roadway pavements. d) Due to space limitations, exclusive bicycle paths/lanes on both sides on Goodlette-Frank Road cannot be included within the 100-foot wide right-of-way. A policy waiver is required. e) Space constraints may severely limit the opportunity to install a privacy wall system for noise abatement, a safety guardrail if warranted, and installation of highway lighting fixtures. f) Should a privacy wall be installed at the west right-of-way line immediately west of the pathway shown on Attachment 5, access requirements from the roadway to properly maintain the drainage ditch cannot be achieved. g) A temporary construction easement is required within the existing 40-foot drainage easement. JOHNSON ENGINEERING, INC. BONITA SPRINGS ENGINEERS, SURVEYORS, PLANNERS AND ECOLOGISTS FORT MYERS NAPLES June 16, 1999 ~ PORT CHARLOTTE CHRIS D. HAGAN MANAGING PA~fTN ER PC~NC~NA PARk, SUFE 106 2640 GOLDEN GATE PKWY. TELEPHONE (941) 43443333 FAX (941) 434-9320 NAPLES. FLORIDA Mr. Ladd Ryziw, P.E. Collier County Government Public Works Engineering Department 3301 Tamiami Trail, Building "D" Naples, FL 34112 Attachment 6-1 CARL [ JOHNSON Re: Goodlette Frank Road Widening Collier County Project 60134 JEI File #25312 Dear Ladd, This letter presents the evaluation of Alternative No. 6A typical sections as requested by the Collier County Public Works Engineering Department in the memo dated June 2, 1999. Alternative No. 6A typical section, a derivative of JEI Alternative No. 6 typical section, was put forth at the meeting held June I, 1999 in the County Commissioner's office with representatives of the Calusa Bay Community. After evaluation of the proposed Alternative No. 6A typical section and a meeting held at our office with you a total of three alternative typical sections were discussed, taking into consideration the concerns of the Calusa Bay Community representatives and to meet Collier County design policies and/or objectives. The three alternative typical sections discussed at the meeting are Alternatives No. 6A, No. 6B and No. 7A. A conceptual drawing of the alternative typical sections are attached for your use. The typical section alternatives are reviewed in the following text: Alternative No. 6A tTpical section. Pros: i. Roadway construction will remain outside the Collier County 40 foot Drainage Easement (west side). 2. Maintaining existing drainage during construction should not be difficult. 3. Retaining wall construction will not be required (east side). CHAIRMAN FORREST H. BANKS STEVEN K. MORRISON PARTNERS GARY R. BULl DAN W. D I C k E Y JOSEPH W. EBNER ARCHIE T. GRANT. Jr CHRIS D HAGAN KENTON R. KEILING "'-'~ m3 r ITT POMEROY REW D. TILTON k G. WENTZEL ,/IN M. WINTEr ASSOCIATES lONNIE V. HOWARD MICHAEL L. lOHR PATRICIA H. NEWTON BARRY E. SYREN Cons: 1. Existing berm along Calusa Bay must be relocated and reestablished within additional right-of-way. 2. Impacts existing ornamental entrance wall system, median island and vehicle storage lengths of Calusa Bay (See Exhibit 1). 3. Replacement of existing FPL poles with monopoles will be required. 4. Casing of approximately 2,200 I.f. of watermain line is required. FEB 2 2 2000 JOHNSON ENGINEERING, INC. Page 2 l.add Ryziw June 16,1999 Attachment 6-2 Alternative No. 6B typical section. Pros: 1. Impact on existing berm along Calusa Bay will be minimal. 2. Impacts existing ornamental entrance wall system and median island on Calusa Bay (See Exhibit 1). 3. R~placement of FPL poles will not be required. Cons: 1. Retaining wall construction will be required on both sides of corridor. 2. Maintaining existing drainage during construction may be difficult and/or costly due to excavation, retaining wall construction and backfill on existing channel. 3. Casing of approximately 2,200 1.f. of watermain line is required. Alternative No. 7A typical section. Pros: 1. Impact on existing berm along Calusa Bay will be minimal and within existing 15 fl. Collier County ROW Easement. 2. Impact on Calusa Bay ornamental entrance wall system and median island will be minimal (see Exhibit 1). 3. Retaining wall construction will not be required. 4. Replacement of FPL poles will not be required. 5. Casing ofwatermain line will not be required. Cons: 1, Maintaining existing drainage during construction may be difficult and/or costly due to excavation, pipe installation and fill on existing channel. 2. Requires large diameter pipe to enclose canal. Preliminary costs associated with each altemative were evaluated and the results for each of the alternative are as follows: Alternative 6A 42" Casing for 24" watermain Relocate Berm Replace 4 FPL poles with monopoles Restore Calusa Bay entrance Subtotal 20% Contingency Subtotal $ 275,000.00 $ 363,000.00 $ 120,000.00 $ 250,000.00 $1,008,000.00 $ 201,600.00 $1,209,600.00 FEB 2 2 2000 /3' JOHNSON ENGINEERING, INC. Page 3 I.add Ryziw June 16,1999 Attachment 6-3 R/W Takings (East) 40% Legal & Administrative Cost Subtotal Total Cost Alternative No. 6A Alternative 6B 42" casing for 24" watermain Restore Calusa Bay entrance Retaining wall (East) Retaining wall (West) Channel excavation Subtotal 20% Contingency Subtotal Subtotal 40% Legal & Administrative Cost Subtotal R/W Takings (East) PdW Takings (West) Total Cost Alternative No. 6B Alternative 7A 2 - 60" dia. HDPE & 6" dia. ADS (perforated) Borrow fill Excavation Headwalls Subtotal 20% Contingency Subtotal R/W Takings (West) 40% Legal & Administrative Cost Subtotal Total Cost Alternative No. 7A $ 80,000.00 $ 32,000.00 $ 112,000.00 $1~21,600.00 $ 275,000.00 $ 50,000.00 $ 250,000.00 $ 650,000.00 $ 30,000.00 $1,255,000.00 $ 251,000.00 $1,506,000.00 $ 40,000.00 $ 90,000.00 $ 130,000.00 $ 52,000.00 $ 182,000.00 $1,658,000.00 $ 400,000.00 $ 100,000.00 $ 25,000.00 $ 10,000.00 $ 535,000.00 $ 107,000.00 $ 642,000.00 $ 308,000.00 $ 123,000.00 $ 431,000.00 $1,073,000.00 FEEl 2 2 2OOO JOHNSON ENGINEERING, INC. Page 4 l.add Ryziw June 16, 1999 Attachment 6-4 All other costs related with roadway construction were considered constant for each of the alternatives due to the minor effects the alternatives have on these items. Johnson Engineering Inc. has reviewed the above alternatives and recommends Alternative No.7A based on the understanding that the above analysis is preliminary and that further engineering analysis will be required. This alternative will negate impacts to the eastern portion of the roadway corridor and will utilize the western portions (existing 40 foot drainage easement) of the roadway for expansion. It is our opinion and as well we believe, the opinion of Pine Ridge subdivision residents, that the existing canal is perceived as aesthetically unpleasing. By enclosing the canal, it is our opinion that the following benefits would be gained: Calusa Bay residents would provide support for this typical section. Pine Ridge subdivision residents are in favor of enclosing the canal. Enclosing the canal would reduce potential safety hazards and be more aesthetically pleasing. Enclosing the canal would provide the possibility of a dual greenway section. The above mentioned benefits are not gained in Alternative Nos. 6A and 6B. We feel that these benefits should be considered heavily before you decide which alternative to choose. Please review the alternatives mentioned above and coordinate your evaluations and comments with us. Your cooperation will be greatly appreciated. Thank you for your time and consideration. Sincerely, DBG/rgh Cc: William Lorenzo Chris Hagan JOHNSON ENGINEERING, INC. David B. Genson, E.I. Project Engineer I I X25112 \Con'espoadence\lr061400 m~m doc FEB 2 2 2000 PG. I Report on Road Closures for Pine Ridge Subdivision Attachment 7-1 The Pine Ridge Subdivision was platted in 1956 and 1958. At that time the Seaboard Coastline Raikoad occupied the Right of Way on the Eastern border of the subdivision or what is now the Goodlette-Frank Road. There was no access to the subdivision fi.om the East, with Center Street, Carica Road South and Carica Road North ending as stubs at the Railroad Right of Way. On May 12, 1981, the Board of Commissioners entered into an agreement with the Estate of Barton Collier and Emerald Lakes to build a 2 lane Goodlette-Frank Extension on the SCLRR Right of Way fi.om Pine Ridge Road to Ca_rim Road South with an East extension to Orange Blossom Drive. (see attachment) Construction was to begin on aquisition of the SCLRR Right of Way. Construction was completed in 1987 and on November 17, 1987 the Board of Commissioners approved Consent Agenda Item 16(B)(4) to accept the construction as well as the initial closing of access from Center Street and South Carica Road. This was approved without discussion. On April 5, 1988 the Board of Commisioners voted to leave Cener Street and Carica Road South closed until the Goodlette-Frank Extension was completed to Immokalee Road or Vanderbilt Beach Extension. Also there was direction to staffto expedite the development of the project and to discuss the opening of Center Street and Carica Road in approximately one year. An excerpt fi.om Agenda Item 9(B)(1) on April 5, 1988 is as follows: "Upon opening the road and upon recognition that problems involving traffic utilizing subdivision roadways would occur, staff closed the access points between the arterial road and extensions into Pine Ridge Subdivision." The issue was revisited on Julyl8, 1989 when attorneys for the developments off Orange BIosson Drive petitioned the BCC to remove the barricades. The BCC voted to leave the barricades in place and directed staffto work with the Pine Ridge Community to develop some alternatives for Center Street. On January 30, 1990 staff'proposed widening of Center Street and making it a through connection to US 41. The Board of Commissioners voted to keep the status quo until the Goodlette- Frank Road was extended to Immokalee Road. The Pine Ridge Civic Association submitted a plan to the BCC on June 2, 1992 which included the vacation of the Carica Road South intersection with Goodlette-Frank Road. The plan was approved in concept except for the vacation. FEB 2 2 2000 Report on Road Closures for Pine Ridge Subdivision Attachment 7-2 On January 26, 1993 the Board of Commissioners, on hearing a report fi.om staff, directed that the intersections at Center Street and Ca_dm Road North be opened to traffic and that controls be placed on Hickory Road to discourage through traffic~ mention of the Cariea Road South intersection and ill remains closed. The BCC held a Public Hearing on the Pine Ridge access issue on November 1, 1994. The Commisioners deferred further action until the completion of the Vanderbilt Beach Road Extension between US41 and Goodlette Frank Road. Staffwas directed to expedite the Vanderbilt Beach Road project. On October 8, 1993, the Pine Ridge Civic Association applied for a Right of Way Permit to construct a landscaped berm in front of the barricades on Cadca Road South. The Permit was eventually approved on October 26, 1996. The landscaped berm construction began on April 4, 1997. NO AG~" Z~ FEB 2 2 2000 ~.~_ I ? _ EXECUTIVE SUMMARY REQUEST BY DAVID RICE REPRESENTING THE MARCO ISLAND SPORTS FESTIVAL FOR A WAIVER OF USER/RENTAL FEES. Objective: For the Board of County Commissioners to make a determination to either waive or not waive rental fees for the use of park facilities. The petitioner requests a waiver of the required $400.00 in rental fees and $300.00 in parking fees. Since there is no provisions for staff to waive fees, the Board of County Commissioners must evaluate each fee waiver application on a case by case basis. Consideration: The petitioner has requested the use of the South Marco Beach Access Parking Lot and a portion of Tigertail Beach. The required rental fee for these two sites totals $400. In addition the petitioner is asking for wavier of parking fees at Tigertail Beach for up to 100 participants at $3.00 per vehicle. The Marco Island Sports Festival requests the fee waiver because the Board of County Commissioners has waived these fees in the past. Growth Management: None. Fiscal Impact: The applicant is requesting approximately $700.00 in fee waivers, in the past the Board of County Commissioners have granted this request. Rental revenues for Fund 111-156363 (General Fund Beach .... ~t Water Operations) are generated from fees established in the User Fee Policy. Recommendation: Only the Board of County Commissioners may approve fee waiver applications. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee application on a case by case basis. /~~¢' e~ Date: ~//¢cY Prepared by: U~,,~.,~o..tz s Manager Department of Parks and Recreation Reviewed and ~/~_~[ ~ Approved by: Marla Ramsey, Director~,/ Department of Parks and Recreation Date: Reviewed and W. Olliff, A~ator Thomas Division of Public Services FEB 2 ' I TOTAL HOME SERVICES 941 394 8833 P.01 RECEIVED FESTIVAL JAN 3 1 2000 Office of the Director F.O. BOX 1384 · MARCO ISLAND, FLORIDAI[°3~'/t4~f County Co, missioners PHONE (941) 642-1484 · FAX (941) 394-8833 February 1, 2000 Ma'. 3olm Norris Collier County Commissioner, District 1 Dear John, Thank you for your continued assistance over the years with the Marco/Naples Sports Festival. We are anticipatir~ a successful 5th Annual event duc in great part to the Comn~ssions support. Enclosed is a copy of Muralo Smith's letter which request the next step in the process. I am requesting the Commissionq conskleratton to waive fees for use o£the facilities ~quemed. All fees were waived for the last four years. Only partlclpafing athletes fees :~e waived and the athletes are identified with appropriate wrist bracelets. I am requesting that this consideration be put on the earliest possible agenda and assume that I will be notified as to the date that I would have to attend should there be any questions.. Thank you again. Sinc erx~ yours, Dave Rice Volunteer Director FEB 2 2 ~000 ! Sponsored By The YMCA / Funded In Part By Collier County Tourist Development CouncU TOTAL HOME SERVICES 941 394 8833 P. 01 ATTAGlq/TENT g ltF-NTAL PERMIT AND AGEEEMENT FORM (For Office Us~ Only) Deposit ~. 0-I,500 ~q. f:. $ T~me Use ]~s ~imaced Ar=andante 1.500-2,9~9 ~. ft. $ 3,000 + sq. ft. $. TaX RULES AND REUniONS To,al (Excludin~ Deposit) Telephone Number ~ g Y'~- ~'/yr- Possession of permit is required while u~ing f~ilicy or ou=door area. Failure ~o supply ~ermi~ when requested by D~=ector or his designee may resul= in expulsion from area. 2. Faci!iCies or outdoor areas must be left in clean and adequa=e condition as de=ermined by Director or his 4e~ignea or deposit will be parCiallyor fully forfei~ad. FEB 2 2 2000 EXECUTIVE SUMMARY To Discuss the Results of Consultant Screening for the County Administrator Vacancy. OBJECTIVE: To review a report prepared by The Mercer Group as a result of the screening of the internal applicants for the County Administrator position. CONSIDERATION: At its Board meeting on January 25, 2000, the Board of County Commissioners authorized an agreement with The Mercer Group to screen the two internal applicants for the County Administrator position. The Board asked that the applicants not be ranked, but that their strengths and weaknesses be identified. Both applicants were interviewed by The Mercer Group on February 15, 2000. As part of the interview, the applicants completed a management style assessment. The results of the consultant's analysis were not available at the time the agenda package was submitted to the printer. However, the results will be received from the consultant and submitted to the Commissioners on February 18, 2000. FISCAL IMPACT: No fiscal impact until a County Administrator is selected and his/her salary is negotiated. GROWTH MANAGEMENT IMPACT: None APPROVED BY: RECOMMENDATION: That the Board of County Commissioners review the report from The Mercer Group and decide a further course of action. R~soui-ces~Analyst enior ~Karen A. REVIEWED BY: ~an~ Date:~ · Resources DireCtor Ochs Services AdminiStrator ~no3. ,l¢~n" i FEB 2 2 2000 Pg...,., / _ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A PROPOSED SETTLEMENT AGREEMENT IN THE AMOUNT OF $38,000.00 FOR THE LAWSUIT STYLED ARDYTHE l/ASS V. COLLER COUNTY, CASE NO. 98-3533, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ~ For the Board to approve a proposed settlement agreement to resolve the lawsuit styled Ardythe l/ass v. Collier County, Case No. 98-3533, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida in the amount of $38,000.00 in exchange for full releases and a dismissal of the lawsuit with prejudice. CONSIDERATIONS: This is a "slip and fall" case arising fi.om a fall the plaintiff, Mrs. Ardythe Vass, age 70, had at the Collier County Museum on April 14, 1997. Mrs. Vass claims she tripped over a raised brick paver on the brick walkway behind the Museum. As a result of her fall, Mrs. Vass fi'actured her left shoulder and had extensive shoulder surgery. Her medical expenses were $26,000.00. A doctor is prepared to testify on Mrs. Vass's behalf that she has a 30% impairment of her shoulder function and a 10% overall body impairment as a result of the fall. FISCAL IMPACT: Should the Board agree to settle this case for $38,000.00, that sum, along with miscellaneous costs now totaling less than $5,000.00, would be the total financial impact to the Board. The costs and the settlement proceeds would be paid from the County's Property and Casualty Fund No. 516-121650. Should the settlement not be approved, the County would likely incur additional expenses of at least $4,000.00 and have exposure for damages and, possibly, attorney's fees up to the County's sovereign immunity cap of $100,000.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve settlement of Ardythe Vass v. Collier County, Case No. 98-3533, in the amount of $38,000.00 and authorize the Chairman to execute the necessary settlement documents. PREPARED BY: C//~/~/~/~ ff'l'/l~ Date: Michael W. Pettit Assistant County Attorney FEB ! 2000 .l~'~fr~y V~alker, CPCU, ARM Risk Management Director Date: APPROVED BY: David C. Weigel County Attorney Date: h :Lit\Vass'~ExSum-Settlement-mw 2 FEB l~ 2000 OBJECTIVE: To re-appoint 2 members to serve 4 year terms, expiring on March 3, 2004, on the Bayshore/Avalon Beautification MSTU Advisory Committee. CONSIDERATIONS: This 5 member advisory committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will also prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU boundaries. A list of the current membership is included in the backup. The terms for Maurice Gutierrez and Bill L. Neal will expire on March 3, 2000. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Maurice Gutierrez resident 4 yes Bayshore/Avaion Bill L. Neal resident 4 yes Bayshore/Avalon Productivity Comm. COMMITTEE RECOMMENDATION: Maurice Gutierrez - re-appointment Bill L. Neal - re-appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and re-appoint 2 members to 4 year terms on the Bayshore/Avalon Beautification MSTU Advisory Committee and direct the Cotmty Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: FEBRUARY 22, 2000 Bayshore/Avalon Beautification MSTU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home P/tone DateRe-appt 2ndExpDate 2nd Term Donna Fiala 4463 Lakewood Boulevard Naples, FL 34112 District: l Category: Property Owner 436-5585 10/13/98 03/03/01 2 Years Michael Bruet 7768 Jewel Lane, #201 Naples, FL 34109 District: 2 Category: Commercial Interest 261-4455 59243027 03/03/98 03/03/02 4 Years Thomas R. Briscoe 2841 Shoreview Drive Naples, FL 34112 District: 1 Category: Resident 774-7564 03/03/98 03/03/01 3 Years Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 District: 4 Category: Resident 263-0572 774-7022 08/03/99 03/03/00 8 Months Bill L. Neal 3839 Clipper Lane Naples, FL 34112 District: 4 Category: Resident 774-6325 03/03/98 03/03/00 2 Years Thursday,/lugust 05, 1999 Page I of 2 Bayshore/Avalon Beautification MSTU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watedng facilities, plantings and maintenance of the median strips of roadways within the MSTU; provide traffic calming improvements; and, beautification and maintenance of other areas within the MSTU. Members will prepare and recommend an itemized budget to the Board of County Commissioners. Members must be permanent residents or owners of commercial property within the MSTU. FL STAT: 125.01 Staff: Dan DeCesare, Engineer II, Transportation: 774-8494 Thursday, August 05, 1999 Page 2 of 2 N0o CBC 057258 211/2000 SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONER5 3301 TAMIAMI T~AIL EAST, BLUG F NAPLES, FL 34112 RE: BAYSHORE BEAUTIFICATION ADVISORY COMMITTEE DEAR MS. FILSON: I AM REQUESTING THE COUNTY EXTENSION THE TERMS OF BILL NEAL AND MAURICIE GUTIERREZ TO ANOTHER 2 YEAR TERM EACH. WE HAVE HAD 2 MEMBER CHANGES AND 3 DIFFERENT COUNTY REPS. EVERY TIME WE CHANGE PERSONELL OUR PROGRESS IS DELAIED. INFORMATION IS HARD TO PASS ON WHEN YOU COME IN THE MIDDLE OF A PROJECT. WE TRY TO BRING NEW PERSONELL UP TO SPEED BUT SOMETHING IS ALWAYS LOST. ALLOWING BILL & MAURICE TO CONTINUE THRU THE DEVELOPMENT STAGES WILL STREAMLINE AND REDUCE FUTURE MISTAKES. PLEASE CONSIDER MY REQUEST. PLEASE DO NOT HESSITATE TO CALL. THANK/~ , TOM BRI$COE &~U 7_.841 Shoreview Drive NAPLES, FL. 34112 (941) 774-7564 FAX. (941) 774-9483 MEMORANDUM DATE: January l0,2000 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistan~ Board of County Commissioners Voter Regis~ation - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BAYSHORE/AVALON BEAUT MSTU ADV COMM COMMISSION DISTRICT Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 '~~'/L. Neal 3839 Clipper Lane Naples, FL 34112 '7'7 q - t,3 as- Thank you for your help. FE3 2 2 7,30 MEMORANDUM DATE: TO: FROM: January 10, 2000 Dan DeCesare, Engineer II Sue Filson, Administrative Assist. Board of County Commissioners Bayshore/Avalon Beautification MSTU Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Maurice Gutierrez 2736 Shoreview Drive Naples, FL 34112 William L. Neal 3839 Clipper Lane Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~?:3~ PM DIAMON~CARPETINC 941 ?74 ?822 P.82 January ~ 1999 Sue Fiison, Administralivc Assislant Board or County Commisionsers P~ Bn)shorc MSTU Advisory Coamni~cc De.ar Mrs. Filson I am in rccicpt of)'our leuer of nolification in refcrren,:e to m) position on the MSTU Adx isor)' Board. I am pleased ~o have scncd on this board and thc impact :~ %is on our area. .:-.'. L'.ds Omc ! nm requesting that be ]bc considered fo~ one more term on this board. 1 red strongly that a consistent knowledge of f;.cts and inform:dion ilbotll Ibis project would bcn¢['il all through Ibis nest phase Of ¢omplglJOll. The complexib oflhis project reflects on the time il hi.s taken to us to ge! Ihis far I hope this request is considered and I nm alloxved lo rcm:fin on this board for an addilion iet'an. I£you require all)' additional inl'ormalion Iron] my pan please conlad tim at my home # 7!4-7022, or office # 263-a,)572. /t~incc tel3 c._.___ z - Maurice Gulierrez FE3 2 2 ,t. CaO · . ~ . ~'--C6--~0 07:~ PM ~IAMOH~CARPETI~C 941 ??4 RE: Bayshorc MSTU AdvisoD Commillcc DOB./10/15/56 M~v,~,)a. Cuba AA Dcgrcc in Bu/saess, Miami Dade CC. Naples residence since resides al 2736 ShorevJ¢~v Dr Na~l~s, 34112 since 84' '~'a':stlcss o~vncr established h~ 98' Diamond Carpet Inc. USCG Captains Lisc. 95' -'-'8S/20~0 16:47 941-774-4562 NEAL RESOURCES INC PAGE 01 M~'. Bill L. Neal 3839 Clipper Lane Naples, FL3 7112 ECE]VED RE: Bayshore/Avalon Beautification MSTU Advisory Committee Dear Mr. Neal: ~/c'~ term on the above-referenced advisory committee expires on March 3, 2000. In accordance -v!-_"i ':~.e Advisory Board policy, the enclosed press release has been sent to the appropriate news ~ia. We appreciate thc time and effort you have put into the activities of this advisory committee and would like to advise you that you are eligible for reappointment. If you wish to be considered for ~.qot.hzr (erin, please submit an updat .ed re~ume and a letter indicating your interest in :o~tinuing to serve on the committee to this office before the January 7, 2000, deadline. If you have any questions regarding this procedure, please do not hesitate to contact me at 77,~-8097. /sf Enclosure :-- '2r.r. DeCesare, Engineer II Sincere!y. . Sue Filson, Adminislrative Assistant Board of County Commissioners F£3 2 MEMORANDUM DATE: TO: FROM: February 7, 2000 Mike McNees, Interim County Administrator James D. Carter, Ph.D., Vice Chairman Commissioner, District 2 SUBJCET: Request for Reconsideration of Renaming of the Collier County Courthouse Upon reflection, I believe the Board's action on Tuesday; January 25, 2000, to rename the Collier County Courthouse, was hasty. We did not receive options as to the most appropriate way in which to honor Dr. Martin Luther King, nor did we follow due process to get input from a broad range of constituents. Therefore, on Tuesday, February 22, 2000, I intend to ask the Board to reconsider this matter and to place it on a future agenda for discussion. I am recommending that we establish, and follow, a specific process for naming any government facility. After a more thoughtful and deliberate review of options are presented by the citizens of Collier County, I will be willing to sup ~f'nmis~r, District 2 JDC/tlm CCi Board of County Commissioners Media File FEB 2 2 2000 Po. __' t. 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. CONSIDERATIONS: 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 Center 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 "gateway" to Naples from 1-75. AGENDA ITEM FEB 2 2 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, staffis 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. Lastly, the proposed development regulations, landscaping, screening and buffering requirements contained in this PUD are consistent with the LDC. FISCAL IMPACT: This PUD amendment 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 sen, ice, the County must provide supplemental funds from other revenue sources in order to build needed facihties. The following impact fees will be applicable to the addition of 315 dwelling units to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: $578.00 per unit $180.52 per unit $0.15 per square feet under roof $827 per unit 2 A6Fd~A [rEM FEI 2 2 201111 · Road Impact Fee: · Correctional Facilities · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · 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 development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) can not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subj eot to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff has referred this petition to all appropriate County Agencies for their review and. recommendation. Based upon their analysis and planning review, staff recommends approval of Petition PUD-92-4 (1) subject to the conditions of approval that have been incorporated into the PUD document. AGENDA ITE FEB 2 2 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 be 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(~}/ELLOWS, PRINCIPAL PLANNER pJRENT PLANNING SECTION gVIE¥~ED BY: 1~ )~.~i,-'~ ~d. NINO, AICP, MANAGER CURRENT PLANNING SECTION :_ R'O~Et[T J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. ~;AUTERO, AICP, .a~rlq4INISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. ~ PUD-92-4 (1) EX SUMMARY/RVB/rb 4 DATE DATE DATE DATE AGF..NDA ITEM FEB 2 2 2000 ~., ~ AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY 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 Goodlette, Coleman & Johnson 4001 9a Street North Naples, Florida 34102 Owner: Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard Bonita Springs, Florida 34134 GEOGRAPHIC LOCATION: The subject property is located on the northwest comer of C.R. 951 and Access Road No. 2 m Section 34, Township 49 South, Range 26 East. REOUESTED ACTION: The petitioner is requesting a rezone from PUD to PUD for the purpose of mending the Golden Gate Health Park Planned Unit Development (PUD). PURPOSE/DESCRIPTION OF PROJECT: 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 g9 through the EAR Growth Management Plan amendment process. The current 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, this amendment proposes to change the PUD name fi'om 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 maxit AGENDA ITL 2 2 2000 ;i ilI ~ : number of residential units from 273 units to 450 dwelling units. The Master Plan indicates that the mare 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. SURROUNDING 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 units per acre. GROWTH MANAGEMENT PLAN CONSISTENCY: This PUD has been dislributed 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 g9 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 (GIMP). This new Interchange Activity Center will permit commercial and induslrial land uses that serve regional markets, provided each such use is compatible with existing and approved land uses. This designation will also allow residential density 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 density of 12 units per acre is consistent with the EAR Growth Managernent Plan amendment. It should be noted that Interchange Activity Center 6'9 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 gO 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 staffhas 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 m 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 Waftic volumes with and without the project were estimated using the Collier County travel model. As a result this petition will exceed the significance test standard (5 percent of the LOS "C" design volume) on C.IL951; however, it will not lower the level of service below acceptable standards. AC.~.NDA ITEM r:3 2 2 2000 Applicable Elements: Staff review indicates that this petition has been designed to account for all thc necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed to ensure consistency with the GMP during the permit~g 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 GIMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioneffs property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Depati~,lent contacted. EVALUATION OF ENVIRONMENTAL. TRANSPORTATION & INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. The petitioner has submitted 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 Environmental Advisory Council (EAC) heard this petition on January 5, 2000 and recommended approval subject to the stipulations incorporated into the PUD document. The Transportation Services has also recommended approval. The purpose of this petition is to amend the Golden Gate Health Park PUD even though the process is one of rezoning thc land from "PUD" to "PUD". The intent of this type of zoning procedure is to achieve a level of admimstrativc convenience by avoiding the requirement to track amendments to thc original document in order to understand the totality of the regulations as they apply to this PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. AGENDA I1 FEB 2 2 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 ~tuxe, 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 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 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 I- 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 with the LDC. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Furore Land Use Element (FLUE) of the Growth Management Plan (GMP). The property is located within the Interchange Activity Center #9 as depicted on the Future Land Use Map when a fmding of compliance is made by DCA. Since this district permits commercial and residential uses (up 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 m 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 commercial zoned properties. Utili _ty Infrasm~ctur~ - Water supplies are available to this site. Traffic Circulation and Impact - Staff has identified the fact that the proposed amendment will not have a significant impact on C.R. 951 by virtue of the fact that vehicular site generated tril~ resulting f~om the proposed amendment will not lower the level of service below adopted standards. Since the project entrance has a median opening on C.R. 951 and Access Road #2 only has a right-m and right-out mmmg movement, staffis of the opinion that the project's AGENDA ITEM 2 2 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 Iraffic 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 al~proved Master Plan to reflect the traffic circulation and connection with Future 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-924 (1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: R~4'A~,D"'I~ .X~I~, AICP, MANAGER CURRENT PLANNING SECTION RbB~RT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE Staff Report for the January 6, 2000, CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, ~ RVB/rb/STAFF REPORT/PUD-89-28 (2) "3 FEll 2 2 20ffi_[ APPLICATION FOR PUBLIC HEARING FOR: Petition No.: Commission District: PUD REZONE ., -~,., ' .> . '.j,.--:C :: ~ Date Petition Received4.~'''~ v-~.-.~ '-~ ,-.-~-.- Planner Assigned: ROW ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Applicant's Mailing Address City 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 Finn Goodlette, Coleman & Johnson Agent's Mailing Address 4001 9* St. N. City Naples State FL Zip 34102 Agent's 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 FEB 2 2 2008 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 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 iTEM FEB 2 2 2000 If the property is in the name of a GENERAL or LIMITED PARTNERSHI?, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Date of Contract: Name and Address Percentage of Ownership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property acquired [-1 leased ~] Term of lease ~ yrs./mos. If Petitioner has option to buy, indicate date of option: and ~late option terminates: , or anticipated closing date AGENDA ITEM FEB 2 2 2O00 ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) ff request involves change to more than one zoning district, include separate legal description for property involved in each districL Applicant shall submit four (4) copies of a recen! 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 en~neer's certification or sealed survey may be required. Section: 34 Township: 49 S Range: 26 E Lot: Block: Subdivision: Plat Book: Page #: Property I.D.#: Metes & Bounds Description: Size oforoperty: ft. x ft. = Total Sq. Ft. Acres 74.2 Address/general location of subject property: See Exhibit B - Location Map, included in the attached PUD document o Adjacent zoning and land use: Zoning N RSF-3 SA E PUD W PUD Land Use Directly north of the property lies the Golden Cate canal and north of the canal lies a residential neighborhood of Golden Gate Ciw. 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_ Water Treatment Plant vacant multifamily residential ~ ~\ FEB 2 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: Township: Range: Lot: Block: Subdivision: Page #: Property I.D.#: Plat Book: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). 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. Proibosed 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, 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 m the criteria noted below. Include any backup materials and documentation in support of the request. FEB 2 2 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 cer6fied 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 conslxuction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of availability capacity from other providers: Unless waived or otherwise provided for 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. AGENDA ITE.- ' FEB 2 2 2000 STATEMENT OF UTII_~!TY PROVISIONS FOR STANDARD REZONE REQUEST Name of Applicant: Mailing Address: City Bonita Springs State Address of Subject Property (if available): Bonita Bay Properties, Inc. 3451 Bonita Bay Blvd., Suite 200 FL 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 o 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 Treatmem 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: 2000 Peak and Average Daily Demands: A. Water - Peak 1,026,000 B. Sewer-Peak 1026,000 ~ Average Dally 256.5000 ~ Average Daily 256,.5000 gpd X X -- AGENDA FEB 2 2 2000 AFFIDAVIT I, David H. Graham, Vice President, being first duly swam, 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, / further authorize Goodlette, Coleman 8, Johnson to act as our representative in any matters regarding this Petition. Bonita Bay Properties, Inc. Typed or Printed Name of Owner STATE OF FLORIDA COUNTY 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. !1~ F.X;~ES: ~ ~7,20= Ii (Signature of Notary Publi~/~ State of Florida) M1CHAELE A. JONES (Print, Type, or Stamp Name) 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 48% Lois Shakadan Blackburn under the Will of David B. Shakarian %Edward G..Beimfohr 99 Park Avenue New York, New York 10015 Linda S. Lucas, Daughter 26% 13141 Ponderosa Way Fort Myers, Flodda 33907 Louise S. Ukleja, Daughter 26% 6468 Bixby Hill Road Long Beach, CA 90815 David Lucas, Chairman 0% 13141 Ponderosa Way Fort Myers, Florida 33907 Dennis E. Gilkey, President 0% 27850 Riverwalk Way Bonita Springs, FL 34134 Edmund W. Rodgers, Jr., Vice President 0% 3330 Oak Hammock Court Bonita Springs, Florida 341 34 David H. Graham, Vice President 0% Planning and Development 14780 Caleb Drive Fort Myers, Florida 33908 Harvey R. Schestag, Vice President 0% Finance 3310 Oak Hammock Court Bonita Springs, FL 341 34 FE3 2 2 2O00 Gary Sandor, Vice President Sales & Commercial Development 3381 Oak Hammock Court. Bonita Spdngs, FL 34134 John Gleeson, Vice President 27240 Ridge Lake Court Bonita Springs, FL 34133 Ms. Susan Wafts, Vice President 3981 Lakemont Drive Bonita Spdngs, FL 34134 Ms. Sabra Spaugh, Vice President 3451 Bonita Bay Blvd, Suite 202 Bonita Springs, FL 34134 Mr Jim McGowan, Vice President 3451 Bonita Bay Blvd., Suite 202 Bonita Spdngs, FL 34134 Mr. Leonard B. Jaffe, Vice President 8751 Estero Blvd., #502 Ft. Myers Beach, FL 33931 0% 0% O% O% 0% 0% 3, If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with percentage of interest. N/A 4. if the property is in the name of a GENERAL PARTNERSHIP OR LIMITED PARTNERSHIP, list the names of the general and limited partners. NIA 5. 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, beneficiaries, or partners. NIA (~. If any contingency clause or contract terms involved additional parties, list all individuals or officers, if corporation, partnership, or trust. N/A For any changes of ownership or changes in co~b=acts for purchase subsequent to the date of the application, but pdor to the date of final public hearing, a supplemental disclosure of interest shall be filed. 2 AGEI~A ! , 20OO The above is a full disclosure of all parties of interest in this application, to the best of my knowledge and belief. Bonita Ba~.,l~pertie.~,~c . / ~ .,~ Signature:( '~'~/X~ 6 ~"~, A4~l~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 5 day of Januanf~ 2000, by David H. Graham who is personally known to me and did not take an oath. I-'"~ "~"~. MY COMMtSSION# CC 752209 II I~-~;~ EXPIRES: Septemoer 17, 2002 II ~ignature of Notary Publi(~ /I MICHAELE A. JONES J 3 F_~3 2 2 20O0 Sent By: VINES & ASSOCIATES, INC.; 941 262 5791; Jan-6-00 10:46AId; Page 1/1 Vines & Associates Inc urban planning, land planning 800 hart)our drive naples florida 34103 941,262.4164 fax 941.262.5791 To: Ray Bellows From: Bill Vines Date: 1-6-2000 Re: PUD-g2-04(1) W'dliam R Vines, president member AICP p o box 933 linville nort~ carolina 28646 704.898.9837 fix 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. FEB 2 2 2000 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY $. 2000 Item IV.G. II. III. 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 WilsonMill~, Inc. WilsonMiller, Inc. LOCATION: The subject property is an undeveloped 74 acre parcel located on thc west side of County Road 951 immediately south of the Golden Gate Canal and approximately ~ 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 SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped except for those located north of the project site within Golden Gate City. ZONING DESCR]FHON N - RSF-3 Golden Gate Canal Golden Gate City S - Agricultural Undeveloped R.O.W. PUD (Citygate) Agricultural County Road 951 Undeveloped Water Treatment Plant Agricultural PUD (Magnolia Pond) PROJEC~ DESCRIPTION: Undeveloped Undeveloped AGE]~A ITEM FEB 2 2 2000 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 traits per acr~), 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 g9 through the EAR Growth Management Plan amendment process. The property owner is now proposing an amendment to the approved PUD m response to chan~ng market conditions and the criteria adopted with the approval of Activity Center ~'9. As a result, this amendment proposes to change the PUD name fi.om 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 units from 273 umts to ,150 dwelling units. GROWTH MANAGEMENT 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 density up to 16 units per acre. Based on staff's review of the Future Land Use Element (FLUE) of the Growth Management Plan, the proposed commercial uses and the residential density of 12 umts per acre is consistent with the EAR Growth Management Plan MAJOR ISSUES: Water Management: Because of its size, this project is required to obtain a Surface Water Management Permit fi.om the South Florida Water Management District. The proposed surface water management consists of a series of interconnected lakes and dry retention / detention air. as that will provide for water quality retention and peak flow attenuation. The site will discharge into the main Golden Gate Canal. The Collier County Parks and Rec. Dept. wants a bikepath along the soUr of the main Golden Gate Canal that is coincident with the proposed South FEB 2 2 2OO0 EAC Meeting .............................................................................................. January. 5, 2000 PUD-92-04(1) Page 3 of 6 Water Management District Canal maintenance easement and any perimeter landscape buffeting 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 nor,hem and southern property lines. Palmetto prairies dominate the eastern half of the site and are also found in the southwest corner. Most of the northwestern section of the site is dominated by herbaceous prairies. Pine flatwoods with a ~ammoid understory compose the central western portion of the site. Pine flatwoods with a palmetto understory are located along the eastern property 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 (SFWMD)/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 CU'SACOE) 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: A~A I~'F.M FEB 2 2 2000 EAC Meeting .............................................................................................. January 5, 2000 PUT)-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 ~m-id pattern of observations through the various habitats on site. Once the grid of meandering tmmects 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 fi.om sunrise to sunset. In excess of 85 man-hours have been spent on-site in conducting the survey. Barring 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 fi.om the low 70s to the low 90s (degrees Fahrenheit), with showers occmTmg almost on a daily 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 tnmks relatively free of vines or high understory brash 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, cavity 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 :t;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 fiat'woods habitat will be preserved on portions of the project site to which gopher tortoises can be relocated. 2000 EAC Meeting ..............................................................................................January 5, 2000 PUD-92-0441 ) Page 5 of 6 RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUD- 92-04(1) "Golden Gate Commerce Park PUD" with the following stipulations: Water ManaRement: That the petitioner obtain a South Florida Water Management District Surface Water Management Permit. q:hat th(. eonfiguraj!.~_of the north side eas~.~_taxt_ ~ buffer be re.qolved prior to this p_r_ojaar be_grog aenLto-t,",e~Baatd_ 'Calmly Environmental: Amend the language in section 6.3(A)(2) of the PUD document as follows by adding the underlined language and deleting the :_'a"----:~ Water management faei4itiea structures. 2. Replace section 7.3(A) of the PUD document with the following language. In accordance with 3.9.5.5.3 of the Collier County Land Development Code, twenty five percent (18 acres) of the viable naturally functioning native vegetation on site shall be retained. At the time of next development order submittal the petitioner shall identify, in its entirety, areas of native vegetation to be retained and/or areas of landscaping and open space to be planted with 1 O0 percent native species, to satisfy this requirement. A~A ITEM FE3 2 2 2000 PUD-92-04(I) Page 6 of 6 PREPARED BY: STAN CHRZANO~KI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II DATE REVIEWED BY: RAYM~)]D V. BELLOWS PRINCIPAL PLANNER DATE THOMAS E. KUCK, P.E. E~ERING ~VIEW MANAGER CURRENT PEANNING MANAGER SL/gdh/c:Golden Gate Commerce Park StaffR~'port DATE FEB 2 2 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 UNINCO~O~ AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9634N BY CHANGING TIlE ZONING CLASSIlh'ICATION OF THE HEREIN DESCRIBED 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 SIDE OF C.R_ 951 AND NORTH OF 1-75, IN SECTION 34, TOWNSI-I~ 49 Sou'rH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 74.2+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-82; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Rich Yovanovich of Goodlette, Coleman & Johnson, representing Bonita Bay Properties, Inc., petitioned the Board of County Commissioners to change the zoning classification of the hereto described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that; SECTION ONE: The Zoning Classification of the hereto described real property, located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Developmem in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof The Official Zoning Atlas Map(s) numbered 9634N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Numb~ 92-82, known as the Golden Gate H~aflth Park PUD, adopted on October 27, 1992 by the Board of Coumy Commissioners of Collier County, is her~oy repeafled in its -3.- AGENDA ITE~ FEB 2 2 2000 SECTION THREE: This Ordinance shall become effective upon f-fling with the Department of State. PASSED AND DULY ADOPTED by the Board of CoumT Commissioners of Collier County, Florida~ this day of .2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COL,-NTY, FLORIDA Approved as to Form and Legal Sufficiency Ma~rt~ M?Smdent Assistant County Attorney ~/idm~?U~92~4( l)/RB/im BY: T/mothy - Constant/ne , CHAIR_MAN -2- AGENDA ITEM FE3 2 2 2C30 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 AGENDA I1~ FED 2 2 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, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 APPROVED BY CCPC: September 17, 19,92 APPROVED BY BCC: October 27, 1992 ORDINANCE NUMBER: 92-82 AMENDED: November, 1999 APPROVED BY CCPC: APPROVED BY BCC: ORDINANCE NUMBER: EXHIBIT A AGENDA ITM FEB 2 2 2000 Pt. ~ TABLE OF CONTENTS Statement of Compliance Section I - Property Ownership and Legal Description Section II- Project Development Section III - Commercial Distdct Section IV- Residential Distdct Section V - Open Space Distdct 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 AGENDa, jm FEB 2 2 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 #9 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 is in compliance with Policy 5.1 of the Traffic Circulation Element since it will not significantly impact a roadway segment already operating and/or projected to operate within one year at an unacceptable level of service. 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. o The Project is designed to incorporate water management and buffedng areas, as required by the Land Development Code and Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. AGENDA ITEM F7,3 2 2 2000 1.1 1.2 1.3 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 Spdngs, 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 comer 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 Westedy 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 Flodda 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, Flodda 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: FEB 2 2 2000 ]-2 1.5 Bo Co 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 praide and herbaceous praide. The zoning classification pdor 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 2 2 2000 2-] 2.1 2.2 2.3 2.4 SECTION II PROJECT DEVELOPMENT Purpose The purpose of this section is to delineate and generally describe the plan of development, and its relationship to applicable Collier County ordinances. 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. Compliance with Applicable Ordinances Ac 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 fights 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. Do 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. Subdivision Approval The review and approval of all subdivisions within the Project shall follow the de,, development standards and review procedures in Article 3 of the Land Developme gn aH~-J~_~1 __ ' FEB 2 2 2000 2-2 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. 2.5 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. Roads and other infrastructure may be either public or pdvate, 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 dudng subdivision approval. Developer reserves the dght to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the Land Development Code. 2.6 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. 2.7 Site Cleadng 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. 2.8 Easements for Utilities All necessary easements, dedications, or other instruments shall be granted to ir:,{ continued operation and maintenance of all service utilities in compliance with 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. 2.12 Use of Ri,qhts-of-Way Utilization of the rights-of-way for landscaping decorative entrance ways and signage shall be reviewed and approved by the Transportation Administrator pdor to any installations. 2.13 Poi ing Places Polling places shall be provided, in accordance with Article 3, Division 3.2, Section 3.2.8.3.14, of the Collier County Land Development Code. 2.14 PUD Monitodn,q 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 Agency Judsdiction The Applicant has conducted site inspections with the U.S. Army Corps of Engin~ they have confirmed that the site contains no wetlands under their jurisdictions. FEB 2 ;Z ;Z {)I3 2.16 2.17 2,18 2--4 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~naqe 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. 3-] 3.1 3.2 3.3 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 Footage 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 dudng 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). o 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). 10. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). Depository Institutions (Groups 6011-6099). A~.NDAR. FEB 2 2 2000 3-2 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Eating and Ddnking 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, 8741-8743, 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 Carders (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). -- AGENDA 3.4 A. B. 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. Permitted Accessory Uses and Structures Uses and structures that are accessory and incidental to uses permitted in this district. Development Standards Minimum Lot Area: Ten thousand (10,000) square feet. Maximum Height: Fifty (50) feet, except that the maximum height for buildings north of the main entry road shall be thirty-five (35) feet. 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 flat 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. VVhere 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. FEB 2 2 2B30 3-4 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: ao 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. FEB 2 2 2000 4-] 4.1 4.2 4.3 4.4 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 "PJALF". General Description The areas designated as "R" and "RJALF" on the Master Land Use Plan are designed to accommodate residential dwelling units, and assisted living facilities. Maximum Dwellinq 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 C. Single family attached dwellings D. Multifamily dwellings E. Assisted Living Facility F. Model Homes (in accordance with Section 2.6.33, Land Development Code.) 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. 4.5 Uses Accessory to Permitted Uses A. Customary accessory uses or structures. Bo Recreational facilities, including golf course, club house, tennis facilities swimming pools, that serve as an integral part of the development. and FEB 2 2 2000 4-2 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 I apply only to principal structures. AGENDA ITEM FEB 2 2 Pt TABLE '1 DEVELOPMENT STANDARDS RESIDENTIAL DISTRICT PERMn-rED 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 Accessory Maximum Building Height*2 35 35 35 50*7 Distance between Principal 15 10 0 or 15 15 or .5 SBH Structures BH: 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 Depertrnent 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. Flag lot shall have no minimum lot width but will meet lot area requirements. Project walls shall be allowed within 1 foot of the right-of-way line. AGF_NDA I1 ~ 2 2 2O00 4-4 Front yards shall be measured as follows: A. If the parcel is sewed by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (*if curbed) or edge of pavement (if not curbed). '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 - Un~ts with side entry garage may have a 12 foot fiont yard setback. Units with front entry garage must have a minimum 20 foot front yard setback. *4 - Each half of a duplex unit requires a lot area allocation of 3,000 S.F. for a total minimum lot area of 6,000 S.F. *5- Minimum 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 str~ctures is maintained. Patios, pools and screen encJosures 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 pdnc~pat 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 habitabte stories within 200 feet of the northern boundary of the 'R' Residentia) District. AGENDA ItEM FEB 2 2 2000 5.1 5.2 5.3 5-] 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 FIodda Water Management Distdct (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 distdct in which the open space occurs. AC.~A ii~- FE3 2 2 2000 6-1 6.1 6.2 6.3 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. o 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 2 2 2 00 7.1 7.2 7.3 SECTION VII DEVELOPMENT COMMITMENTS Water Mana.qement Should the South Flodda 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 dght 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. Provision for Off-site Removal of Earthen Matedal The excavation of earthen matedal 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. All other provisions of said Division 3.5 are applicable. Environmental The project is in compliance with Section 3.9.5.5.3 of the Collier Development Code. The petitioner shall receive credit from any phase FE3 2 2 2000 7-2 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. Pdor 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 Ao The developer shall make a fair share centdbution 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 artedal level street lighting at all project entrances. Co All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Flodda Statutes). 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 pdor 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. 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. Fo 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 improvements shall be consistent Activity Center ~9 Interchange Master Plan. This includes adopted Nh tl~l~NDA ITEM FEB 2 2 2000 7-3 7.5 management standards/guidelines, transportation system management (TSM) and transportation demand management (TDM) strategies. Utilities Ao Water distribution, sewage collection and transmission and intedm 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 intedm treatment facilities to be utilized. The agreement must be legally sufficient to the County, pdor 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. 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 Distdct 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 Distdct 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 re<~uired, if necessary, consistent with the county's Water Master Plan to ir the Department's water system can hydraulically provide a 7-4 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 Distdct 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. AGENDA ITEM FEB 2 2 2000 AGENDA I'1 - FEEl 2 2 2~00 EXECUTIVE SUMMARY CU-99-30, KAREN BLACKWELL REPRESENTING NAPLES EQUESTRIAN CHALLENGE CENTER, L.C., REQUESTING CONDITIONAL USES "19", AND "24" OF THE "A" ZONING DISTRICT FOR A THERAPEUTIC EQUESTRIAN RIDING FACILITY ON PROPERTY LESS THAN 20 ACRES PER SECTION 2.2.2.3. FOR PROPERTY LOCATED ON RIDGE DRIVE, FURTHER DESCRIBED AS LOT 21, BLOCK 1, PINE RIDGE, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The applicant requests two Conditional Uses in order to operate a therapeutic equestrian riding facility on a parcel of land less than 20 acres in the Agricultural zoning district. CONSIDERATIONS: The applicant requests two Conditional Uses in order to operate a therapeutic equestrian center in the Rural Agricultural zoning district. The requested Conditional Uses are: 19, for sports instructional schools and camps and 24, for animal raising, training and stabling on a parcel less than 20 acres in size. A stable is permitted by right for parcels 20 acres in size or greater within the A district (subject to Site Development Plan approval). The proposed facility exists on site except for designated parking. The facility existed prior to Conditional Use requirements (pursuant to Section 1.8.8) but ceased operation largely due to a foreclosure and change in ownership, and is therefore required to obtain Conditional Use approval. At the Planning Commission meeting, neighbors voiced their concerns with possible expansion of the facility if Naples Equestrian Challenge ceased operation and sold the property to another owner. To address this concern, condition 4 was added to the resolution. One neighbor objected, citing expansion of a commercial use into a residential neighborhood. FISCAL IMPACT: If this petition is approved, the use as a therapeutic riding facility will have no fiscal impact on Collier County, except for impacts normally associated with development. FEB 2 2 2000 GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a vadety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a therapeutic equestrian facility, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The parcel is within the Urban designated area; therefore the Administration Commission's Final Order is not applicable. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommended that the Collier County Planning Commission recommend approval of Petition CU-99-30 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMMENDATION: The Collier County Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: At the February 3, 2000 meeting of the Collier County Planning Commission, the Commissioners voted unanimously to recommend approval of CU-99-30 to the Board of Zoning Appeals, subject to the conditions in the Resolution. 2 ITEM FEB 2 2 PREPARED BY: PLAN~ER DATE ~VIEW~ BY: CURRENT PLANNING MANAGER DATE R~HERE, AICP PLANNING SERVICES DIRECTOR DATE D BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-30 3 AGENDA FEB 2 2 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY 14, 2000 SUBJECT: CU-99-30 (NAPLES EQUESTRIAN CHALLENGE) PROPERTY OWNER/AGENT: OWNER: Naples Equestrian Challenge Center, LC Cummings & Lockwood 3001 Tamiami Trail North Naples, FL 34103 AGENT: Karen Blackwell c/o Donald A. Pickworth, PA 5150 Tamiami Trail North, Suite 602 Naples, FL 34108 REQUESTED ACTION: The applicant requests a Conditional Use in order to operate a therapeutic equestrian riding facility on a parcel of land less than 20 acres in the Agricultural zoning district. AGEhE)A rIT=M FEB 2 2 2000 ~R ? AGEND, :EB 2 2 2000 LOCATION: The subject parcel is located on Lot 21 in the Pine Ridge subdivision, in Section 10, Township 49 South, Range 25 East. The site is at the intersection of Center Street and Ridge Drive and consists of approximately 2.5 + acres. DESCRIPTION OF PROJECT: The applicant requests several Conditional Uses in order to operate a therapeutic equestrian center in the Rural Agricultural zoning district. The requested Conditional Uses are: 10, for schools, public and pdvate; 19, for sports instructional schools and camps; and 24, for animal raising, training and stabling on a parcel less than 20 acres in size. This type of facility is permitted by right for parcels 20 acres in size or greater within the A district (subject to Site Development Plan approval). The proposed facility exists on site except for designated parking. The facility existed prior to Conditional Use requirements (pursuant to Section 1.8.8) but ceased operation largely due to a foreclosure and change in ownership, and is therefore required to obtain Conditional Use approval. SURROUNDING LAND USE & ZONING: SUBJECT: SURROUNDING: North: East: South: West: Single family-house, guesthouse, barn and equestrian ring; zoned A Center Street ROW, across which is a single-family house & stable; zoned A Goodlette-Frank Road ROW, across which is Autumn Woods subdivision; zoned (300 Acre Goodlette Road) PUD Single-family house; zoned A Ridge Ddve ROW, across which is a single-family house; zoned RSF-1 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a therapeutic equestrian facility, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. 2 AGENDA ITEM FEB 2 2 2000 The parcel is within the Urban designated area; therefore the Administration Commission's Final Order is not applicable. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff 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 waiver is not required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a therapeutic equestrian facility 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 schools, sports instructional schools and facilities on less than 20 acres are recognized as Conditional Uses of land in the Urban-Mixed Use area, this Conditional Use request has been determined by staff to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The principal entrance to the facility will be from the existing ddveway on Center Street 3 FE9 2 2 2000 CON: The riding facility will generate approximately 50 to 100 average trips per weekday. No sidewalks are proposed for the facility. ANALYSIS: The project will not have a significant impact on traffic within Pine Ridge, since the majodty of autos will access the site from Center Street after turning from Goodlette Road. The Pine Ridge subdivision has no sidewalks at this time, and none are proposed in the foreseeable future. In addition, most of the clientele are handicapped, and will arrive by auto. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The facility is existing. An expansion is not proposed, aside from the addition of required parking. CON: The use as a riding facility will have a greater impact on surrounding properties, compared to a single family home or other agricultural uses. Those impacts would include traffic and the sounds associated with more than a single family using a riding facility. ANALYSIS: The use of the property for a therapeutic riding facility is an existing use of the property. 4. Compatibility with adjacent properties and other property in the district. PRO: Since the facility is existing, the impacts are known. The parcels to the north and south are agricultural, which could have riding facilities as an accessory for use by a single family. CON: The parcel to the west is zoned RSF-1. ANALYSIS: The proposed impacts have been existing for a number of years (being closed for approximately one year) and the petitioner proposes no new impacts, therefore Planning Services staff considers the use compatible with neighboring properties. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommends that the Collier County Planning Commission recommend approval of Petition CU-99-30 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMENDATION: The Environmental Advisory Council did not hear this petition. 4 AGENOA ITEM FEB 2 2 2000 PREPARED BY: m~EISCHL SENIOR PLANNER IF~NALD ~-?I~II~'-AICP CURRENT PLANNING MANAGER 1.1~. oo DATE DATE R~BEI:::~ J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-99-30 ~RUSSE~..L A. BUDD, CHAIRMA~OMMISSION: .5 FEB 2 2 2000 COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION CU 99- 30 ~ PETITION NUMBER: ~~..~ ~.~ATE OF APPLICATION: Iili ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE General Information: Name of Applicant (s) Naples Equestrian Challenge Center, L.C. Applicant's Mailing Address 65 Emerald Woods Drive, Unit E7 City Naples State FL Zip Applicant's Telephone #: (941) 597-2797 Fax #: Name of Agent Karen Blackwell Finn 34108 596-5189 Agents Mailing Address City Naples C/O Donald A. Pickworth, PA 5150 N. Tamiami Trail, Suite 602 State FL Zip, 34108 Agent's Telephone #: (941) 263-8060 Fax#:(941) 598-1161 AGENDA ITEM FEB 2 2 2000 2_ 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. (Use additional sheets if necessary). Name and Address Percentaee of Ownership Co If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Naples Equestr±an Challenge Name and Address Second Chance Foundation/. Bruce Conley, Trustee C/O Howard Huj sa, Esq. Cummings & Lockwood 3001 Tamiami Trail North Naples, Florida 34103 (Its Center, L. PercentageC''of a Florida limited Ownership 1 i a b i 1 i t y only member) company 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust, with the percentage of interest. Name of Beneficiary Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership FEB 2 2 2000 If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address AGENDA ITEM FEEl 2 2 2000 Date subject property acquired (X) leased ( ) · April 7, 1999 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 (complete 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: 10 Township:. 49S Range: 25E Lot: 21 Block: 1 Subdivision: Pine Ridge Plat Book 3 Page# 24 Property I.D. #: 67185120000 Metes & Bounds Description: N/A Size of property: 486 lt. X 225 fi. Total Sq. Ft. 109,350 Acres 2.5 Address zoning and land use: R~..dge Drive at Center Street zoning is A, uses are single family residence and horse stablin~riding therapy pro~n'~ '4 FEB 2 2 2000 Ad|acent zoning and land use: Zoning N A Land use Residence/Horse boarding stable S A Residence E A, PUD W RFS-1 Goodlette Road, FP&L Easement, Autumn Woods PUD Residence 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). Does not own contiguous property Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property I. D. #: Metes & Bounds Description Type of Conditional Use: This application is requesting conditional use # 10, 19, and 24 of the A riding facili _ty district for ( TYPE OF USE) Operate a therapeutic equestrian Evaluation Criteria Provide a narrative statement describing this request for condit] anaz AGF. ND& frEM FEB 2 2 2001) /9' 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.) 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 requested Conditional Use is consistent with the Collier County Land Development Code (LDC) and the Collier Growth Management Plan and does not cause any significant impacts or concerns relating to Growth Management Issues. The property is located in the urban residential land use category on the future land use map of the Collier County Comprehensive Plan which allows the existing, proposed and historical uses of the property. The property has "A" Agricultural zoning. 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: Access to the property is available from Ridge Drive and fi.om Center Street. Access points currently exist from both of these roads. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: The property has been used for stabling and riding for at least 30 years. It has not in the past, and will not in the future, have any adverse effects on the abutting properties because (1) there are no commercial or industrial wastes or other substances that generate odors, (2) the requested Conditional Use is virtually identical in intensity to the uses that have existed on the site for more than 30 years with no problems, and (3) the requested use has an indirect positive impact to the neighborhood in that it provides social and public services to the surrounding community, thus enhancing quality of life in the community. FEB 2 2 2000 Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The property, like similarly situated properties along the eastern border of the Pine Ridge subdivision, has been zoned Agriculture primarily for the purpose of permitting the boarding and stabling of horses and the pursuit of an equestrian style of life since the inception of the Pine Ridge subdivision in the 1950'S. A number of these properties are the site of horse barns, which can be seen when one drives north on Goodlette Road between Pine Ridge Road and Vanderbilt Beach Extension. Please provide any additional information which you may feel is relevant to this request: As stated above, the use of the property for equestrian activities is, and has been, an integral part of the purpose and design of the Pine Ridge community since the inception of the subdivision. The property has been the site stabling/riding operations for more than 30 years. The Naples Equestrian Challenge has utilized the site for its therapeutic riding program since July of 1997. This operation has performed a valuable service to the community, and has not been the subject of any complaints, concerns or problems with neighboring properties. 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? NO If so, what was the nature of that heating? 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 pre-application meeting. A copy of the pre-application meeting notes; Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, de .7 FEB 2 2 2000 n. 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 structure (s) on site), All existing and/or proposed parking and loading areas [including matrix indicating required and provided parking and loading, including required parking for the disabled], Locations of solid waste (refuse) containers and service function areas, Required yards, open space and preserve areas, Proposed locations for utilities (as well as location of existing utility services to the site), Proposed and/or existing landscaping and buffering as may be required by the County. Location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of transportation Land Use Cove 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 meetin .8 AGENDA IT' FEB 2 2 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. CONDITION USE.APP FEB 2 2 FEB 2 2 2000 9~-30 , ~. lq ~oo,~/,~9 $~/ FEB 2 2 2000 ~..2.0 FEB 2 2 2000 ~..~/ 99- 30 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST :~lll THIS COMPLETED CHECKLIST-IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # or r OT COPIES REQUIRED REQUIRED 1. Completed Application ll 2. Copy of Deed(s) and list identifying Owner(s) and ali 1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. Conceptual Site Plans 11 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 4 v 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits : F ~?/~L . 4 12. Architectural Rendering of Proposed Structure(s) - 13. Application Fee, Cheek shall be made payable to - Comer County Board of Commi~sionera ~ 7~ 14. Other Requirements - As the authorized agent/applicant for ehi., petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. / / Ap~licanYAgent Signature ! AJ~PLIC~TION I~R PUBLIC I~.ARll~G FOR CONDITIONAL US~- - (~ 'O~t~' I FE9 2 2 2000 ! PAG~ RESOLUTION 2000-__ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A THERAPEUTIC EQUESTRIAN RIDING FACILITY CONDITIONAL USES 19 AND 24 IN TI-IE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUI~, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses 19 and 24 of Section 2.2.2.3 in an "A" Zone for a therapeutic equestrian riding 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 requi_nxt by said regulations and in acoordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given oppommity 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: -1- FEB 2 2 2000 The petition filed by Karen Blackwell repreaentmg Naples Equestrian Challenge Center, L. C. with respect to the property hereinafter described as: Lot 21, Block 1, Pine Ridge subdivision as recorded in Plat Book 3, Page 24, of the Official Records of Collier County be and the same is hereby approvea for Conditional Uses 19 and 24 of Section 2.2.2.3 of the "A" Zoning District for a therapeutic equestrian riding facility in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to Form and Legal Sufficiency: Mami M. Scuderi Assistant County Attorney -2- FEB 2 2 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-30 The following fac~s are found: Sections 2.2.2.3.10 and 2.2.2.3.19 and 2.2.2.3.24 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 P~'f: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &~ss Yes ~No Co Affects neighboring properties in relation to noise, glar~economic or odor effects: ~-' No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distric~~. Compatible use ~%hin district Yes ~/ No Based on the above findings, this conditional use~, with approvalstipulations, ~_~ (.copy attached). ~ -_.!.__L_- ~~~~ / -"/~g-~--~ for Exhibit "A" FE9 2 2 20O0 RIDGE DRIVE ~0' RIGHT OF WAY 221 tS' GOODLgTT£-FRANK ROAD CONCEPTUAL MASTIER PLAN ~' ~.11 .i~l.,'~1 FEB 2 ~ ~0 CU-99-30 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, dudng the course of site clearing, excavation or other construction activity, an histodc or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to the Planning Services Director for review and approval, pdor to Site Development Plan approval. 3. An application for Site Development Plan approval shall be submitted to the Planning Services Director within 60 days of approval of this Resolution. 4. This approval is for a therapeutic equestrian riding facility only. Any other use that is not permitted by right shall require approval of another Conditional Use. EXHIBIT "C" ITEM FEB 2 2 2000 EXECUTIVE SUMMARY V-99-30, WILLIAM L. AND CHARLENE S. HOOVER REQUESTING A 5-FOOT VARIANCE FROM THE REQUIRED 10-FOOT REAR YARD SETBACK FOR AN ACCESSORY STRUCTURE TO 5 FEET, FOR PROPERTY LOCATED AT 5690 WAX MYRTLE WAY, FURTHER DESCRIBED AS LOT 94, TALL PINES, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a 5-foot variance from the required 10-foot rear yard setback for an accessory structure to 5 feet, to allow for construction of a pool and screen enclosure. CONSIDERATIONS: The petitioner wishes to add a swimming pool and screen enclosure to an existing single-family home. The existing home does not allow sufficient room for a pool of the size desired by the petitioner, without encroaching into the rear yard setback for accessory structures. The proposed pool and screen enclosure is not excessively large. Rather, the existing single-family house was constructed with a front yard of over 75 feet (30 feet is required in the RSF-3 district), thus reducing the area in which a pool could be located within the accessory structure setbacks. The petitioner has submitted letters of no objection from the owners of the adjacent lots (Lot 93 and Lot 95). The rear yard of the property (the location of the proposed encroachment) abuts a lake/preserve. FISCAL IMPACT: Since the subject property is a platted lot with infrastructure to support a single family home, approval of this petition would have no additional fiscal impact on the County. AGENDA ITEM FEB 2 2 2COO GROWTH MANAGEMENT IMPACT: Since the use of the lot is single family residential and within the parameters of the Density Rating System, the use of the property proposed for the vadance is consistent with the Future Land Use Element of the Collier County Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners' property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. PLANNING SERVICES STAFF RECOMMENDATION: The rear yard of the subject property is adjacent to a lake/preserve area, which will ameliorate the impact of a 5-foot encroachment. There will be no negative impacts on adjacent properties, and no public health or safety issues will be compromised by the granting of this variance. Nevertheless, because there is no land-related hardship, staff is constrained from recommending approval. Therefore, Planning Services staff recommended that the CCPC forward Petition V-99-30 to the BZA with a recommendation for denial. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission was scheduled to hear this petition on February 17, 2000, after the deadline for preparation of this Executive Summary. Therefore, the recommendation of the CCPC will be presented verbally. ~2 AGENDA ITEM FEB 2 2 2000 PREPARED BY: F , SENIOR PLANNER CURRENT PLANNING DATE REVIL=I~ED BY: - CURRENT PLANNING MANAGER DATE ROB~RE~-AICP PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/V-g9-30 3 agENDA ITE~ FEB 2 2 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JANUARY 26, 2000 SUBJECT: PETITION V-99-30 AGENT/APPLICANT: OWNER: Luis & Yvette Carrillo 7840 SW 161=t Street Miami, FL 33157-3735 CONTRACT PURCHASER: William L. & Charlene S. Hoover 398 Ashbury Way Naples, FL 34110 AGENT: William L. Hoover, AICP (same as the contract purchaser) Hoover Planning & Development, Inc. 3785 Airport Road North Naples, FL 34105 REQUESTED ACTION: The petitioner requests a 5-foot vadance from the required 10-foot rear yard setback for an accessory structure to 5 feet, to allow for construction of a pool and screen enclosure. AGENDA REM FEB 2 2 2000 GEOGRAPHIC LOCATION: The subject property is located at 5690 Wax Myrtle Way, within the Tall Pines subdivision. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to add a swimming pool and screen enclosure to an existing single-family home. The existing home does not allow sufficient room for a pool of the size desired by the petitioner, without encroaching into the rear yard setback for accessory structures. The petitioner has submitted a letter of no objection from the owners of the adjacent lots (Lot 93 and Lot 95). The rear yard of the property (the location of the proposed encroachment) abuts a lake/preserve. SURROUNDING LAND USE AND ZONING: Subject: Surrounding: North - East - South - West - Single family home; zoned RSF-3 Single family home; zoned RSF-3 Lake/preserve Single family home; zoned RSF-3 Wax Myrtle Way ROW 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. AGENDA n FEB 2 2 2000 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The lot is typical of other lots in the Tall Pines subdivision. The configuration of the existing house on the lot will not allow the construction of a pool and screen enclosure as desired by the contract purchasers, given the required accessory structure setbacks in the RSF-3 zoning district. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The petitioner wishes to construct a pool and screened enclosure as an addition to the existing house. Although the petitioner did not construct the house in its present location, it is the action of the petitioner (the desire for a pool) that is the subject of the variance request. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. A single-family house exists on the property. In addition, the petitioner could configure a pool to fit within the required setbacks. That pool and screen enclosure would be smaller (possibly narrower) than the petitioner desires, but would not require a variance. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. A reasonable use of the land currently exists. However, the requested vadance will be the minimum required to construct a pool and screened enclosure of the size desired by the petitioner. The proposed pool and screen enclosure is not excessively large. Rather existing single-family house was constructed with a front yard of over 75 fee (30 AGENDA ITEM FEB 2 2 2000 ~., ~ feet is required in the RSF-3 district), thus reducing the area in which a pool could be located within the accessory structure setbacks. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zonin9 regulations to other lands, buildings, or structures in the same zoning district? Yes, this vadance will allow the petitioner to have a smaller rear yard than would be permitted for a similar lot in the RSF-3 district. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The granting of this vadance will reduce the amount of the required yard and required open space, which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request may not be detrimental to the public welfare, since the proposed encroachment abuts a lake/preserve, which will mitigate the impacts of a reduced rear yard. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The rear yard is adjacent to a lake/preserve. This factor ameliorates, to a degree, the need for a rear yard accessory structure setback. 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: The rear yard of the subject property is adjacent to a lake/preserve area, which will ameliorate the impact of a 5-foot encroachment. There will be no negative impacts on adjacent properties, and no public health or safety issues will be compromised by the granting of this variance. Nevertheless, because there is no land-related hardship, staff is constrained from recommending approval. Therefore, Planning Services staff recommends that the CCPC forward Petition V-99-30 to the BZA with a recommendation for denial. AGENDA FEB 2 PREPARED BY: FRED REISCHL, SENIOR PLANNER CURRENT PLANNING REVIEWED BY: DATE RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-99-30 Collier Count3t Planning Commission: RUSSELL a. BUDD, CHAIRMAN ITEM FEB 2 2 20O0 VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULA Petition No. V 9 9- 3 0 Commission District: Date Petition Receive( Planner Assigned: 1999 ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: William L. and Charlene S. Hoover 398 Ashbury Way, Naples, FL 34110 Telephone: 5 9 8 - 3 5 8 9 Agent's Name: William L. Hoover, AICP, Hoover Planning & Dev., Inc. Agent's Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Telephone: 403-8899 Fax. # 403-9009 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643=6968 Application for Variance Petition - 8/98 Page 1 of [ AGENDA ITl. FEB 2 2 2000 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name ofHomeowner Association: Tall Pines c/o R. & P. Property Mgmt. Assoc. Mailing Address 265 Airport Rd. South City Naples State FL Zip 34104 Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State ~ Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: TalX Pines Section 1 2 Twp. 4 9 City State __ Zip Unit Lot (s) 94 Block (s) Range 25 Property I.D. # 76364600002 Metes & Bounds Description: Application for variance Petition - 8/98 Page 2 of 8 FEB 2 2 2000 Address of Subject Property: 5690 Wax Myrtle Way, Naples, FL 34108 (If different from Petitioner's ad&ess) Current Zoning and Land use of Subject Parcel: RSF-3 Zoninq/Sinqle-Famil¥ Home Adjacent Zoning & Land Use: N RSF-3 S RSF-3 W ROW/RSF-3 E RSF-3 $~pale-Fam~lv Home Single-Family Home Wax Myrtle Way/Vacant Lot/Sin~le-Fam Home Grassy area then lake and preserve area Minimum Yard Requirements for Subject Property: Front: 30 feet Comer Lot: Yes [] No pq Side: 10 feet Waterfront Lot: Yes [] No [] Re=: 25 feet Rear setback for a pool is 10 feet and side setback for a pool would be 10 feet, per Section 2.6.2.2 of the L.D.C. Application for Variance Petition - 8/98 Page 3 of FEB 2 2 2O00 HOOVER PLANNING & DEVELOP NT INC. Rezonings, PUDs, PDs, Conditional Uses, Vadam~ ~ Ame~nts, Traffic, Parking, and Feasibility Studies, Site Plans & Subdivisions NATURE OF VARIANCE PETITION December 23, 1999 REAR POOL VARIANCE FOR EXISTING HOME LOCATED AT 5690 WAX MYRTLE WAY, WITHIN THE TALL PINES SUBDIVISION, NAPLES, FL Description of Request The petitioners are proposing a variance of 5 feet that would permit the rear pool setback for the residential structure to be reduced from 10 feet to 5 feet. The 12-year old home is zoned RSF-3 and located on Lot 94 of the Tall Pines Subdivision- The attached zoning map shows the subject home located on the eastern side of Wax Myrtle Way and backing up to the very southwest corner of the southern lake in Tall Pines. The subject property is under purchase contract by the petitioners. Such purchase contract allows the petitioners to apply for a variance petition for a rear pool setback. This home sale is contingem upon the approval of the pool variance since only a 9 or 10-foot wide pool could be reasonably developed behind the rear oftbe home at this time. Currently there is only 15.5 feet of depth available for the pool since the rear of the home is setback 25.5 feet from the rear property boundary and a pool has a 10-foot rear setback. The petitioners desire to construct a pool of approximately 14 feet in width with a minimum pool deck of 2.5 feet surrounding the pool and steps fi'om the existing lanai enco~ 1.5 feet between thc lanai and pool deck. The pool and pool deck would be enclosed. See attached site plan. The property owners abutting to the north have provided a letter supporting this variance. 1. Are there special conditions and cireumstanees existing which are peculiar to the location, size and characteristics of the land, structure or building involved. The rear property boundary of the subject home abuts the western boundary of Tract "D" a Lake and Drainage Easement. However, the lake's irregular boundary is ano~ 30 to 50 feet further away from the subject rear property boundary on the northern haft of the lot where the pool would be located. A grassy area encompasses the area between the lake and the rear property line. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The existing home was constructed by the previous owners to th~ selk'rs shown on tl~ sales contract. Even though the lot is 165 feet deep the previous hona,owners had tl~ home constructed within 6 inches of thc rear property setback of 25 fe~ apImnmtly to fully maximiz~ the lake and preserve view. However, the p~ of the home on this site docs not peamit the construction of a pool anywhere close to the typical pool width of 14 to 15 feet 3. Will a literal interpretation of the provisions of this zoning code woFk undue hardship or create practical difficuMes on the applicant. FEB 2 2 20m 3785 Airport Road North, Suite B, Naples, Florid~ 34105 * Phone: 941-403-8899 * Fax: 9~I-40~~ Denial of this petition would force the petitioners to choose between building a sub-stntgiard pool or waiving the purchase of the home due to the variance contingency. Future homeowners would also be in this same position The existing home needs substantial '?m~s on the interior of the home to be eonmaenstnme with other homes in the Tall Pines SulxlMsion The petitioners desire to install a quality pool and make these substantial interior '?rovetmnts. Without property obsolescence, which result can result in a gradual decay of a neighborhood if left unabated. 4. Will the variance, if granted, be the minimum variance that will make possible reasonable use of land, building or structure and which promote standards of health, safety or wel~re. Based on discussions the petitioners had with Certified Pool & Mechanics, Inc., granting the 5- foot variance would allow the petitioners to construct a pool la-foot wide, with wnlkwnys 2.5 feet wide around the pool, and leave an area 1.5 feet wide for a step-do~ from the existing lanai. This lanai is only 6.5 feet deep, so the 2.5 feet of pool deck is needed between the steps lending from the lanai to the pool for safety purposes. 5. Will granting the variance requested confer on the petitioner any special privilege(s) that is denied by those zoning regulations to other lands, buildings or structures in the same zoning district. ~ No, rear swimming pools are very common to single-famBy detached homes in quality neighborhood in the North Naples Area. 6. Will the granting of the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The attached photos demonstrate that a hedge about 6 feet tall exists along both of the subject property's side yards. This hedge and the southeast comer of the subject home will em-off the view of the proposed pool area from the abutting neighbor to the south while that neighbor is in their home or screened-in pool area. The petitioners also agree to allow the existing hedge along on the abutting home to the north. The site plan shows the pool being setback a minimum of 15 feet fi'om the common property linc to the north, which is 5 feet more than required and should allow the subject home to block the pool from the street. The proposed pool addition should only be minimally visa~ole to any other neighboring property owners since it will be hidden behind the home and due to the substantial vegetation in the Tall Pines Subdivision. The remodeli~ and upgrading of this home win have a positive imtmct on this neighborhood. 7. Are there natural conditions or physically induced conditions that ameliorate the goab and objectives of regulation such as natural preserves, lakes, golf course, etc. ~ AGENDA fK 2 FEB 2 2 2000 . grassy area, shallow water area, and then a thick p~serVe abuts the southern half of the subject property's rear yard. These physical conditions essenthfly e'lunku~ or at least substantially minimize the need for the required rear setback. 8. Will granting the variance be consistent with the growth management plan. in Policy 5.4 of the Future Land Use Element. Sincerely, HOOVER PLANNING & DEV., INC. W~llliam L. Hoover, AICP I-IP File #244-A20 ITEM FEB 2 2 2~ u ~ ~,.i ',.., .06 ',., ~ /o~ ~ ~..- ~ ~ ~ I~ 'I, ~ "c5 -I / ~ ~, I A :C..~.~A ITEM FEB 2 2 2000 _.-- 12/28/9a 0a:02 F.4~ December 22, 1999 To whom it may con, em: We ate the current owners of Lot 95, Tail P~nes Subdivldon (a.k.a.: 5660 Waxmyrtle Way) Neples, Collier County, Florida. AI the adjaoeftt property owner~ to Lot 94, Tall Pines Subdivieion (a.k.a.: 5690 Waxmyrtle Way), Nelde~, Collier County, Florida, we censers! to the I~edtion for a letbaek variance to be flied by Williem L. Hoover arid Charlene S. Hoover who are seeking to reduce the rear leti:)aok from ten (10) feet to five (5) feet for the purpose of constructing a pool, pool deck and .cre~ Dated: December '~", 1999 AGENDA Ii~L " FEB 2 2 2000 /? 12/23/99 20:20 FA.~ ~01 December 22, 1999 'o whom it may concern: We are the current owners of Lot 93, Tall Pines Subdivision (s.k.a.: 5700 W:~xmyrtle Way) Nil:des, Collier County, Florida. As the m:ijanent property owner~ to Lot 94. Tall Pines Subdivision (a.k.a,: 5690 W~xmyrtle Wey), Naples, Collier County, Florida, ~'.~ consent to the petition for a setback variance to be filed by William L. Hoover and Ch*~rlene S. Hoover who are seeking to reduoe the rear setback from ten (10) feet to five (5: feet for the purpose of constructing a pool, pool deck and screen enclosure only. Dated: De=ember 22, 1999 Linde D Bevieifo 99-- AGENDA ITEM FEB 2 2 2000 VIEW LOOKING DOWN AND EAST AT SUBJECT HOME The lake curves away fi.om the left rear of the home where the pool would be located. AC.~._NDA i. VIEW LOOKING SOUTH AT SUBJECT HOME AND NEIGHBORING HOllIES The Preserve Area and other landscaping would hide the view of thc proposed pool from neiglbo~~000 | RESOLUTION NO. 2000- RELATING TO PETITION NUMBER V-99-30, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance from the required 10-foot rear yard setback for an accessory structure to 5-feet as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition, V-99-30 filed by William L. Hoover, representing Hoover Planning & Development Inc., with respect to the property hereinafter described as: Lot 94, Tall Pines, as recorded in Plat Book 12, Pages 70-71 of the Official Records of Collier County be and the same hereby is approved for a 5-foot variance from the required 1 O- foot rear yard setback of 5-feet for an accessory slmcture to 5-feet as shown on the attached plot plmx, Exhibit "A", of the RSF-3 Zoning District whereto said pmporty is located, subject to the following conditions: A~A ITF. M FE3 2 2 2000 BE IT RESOLVED that this Resolution relating to Petition Number V-99-30 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to Form and Legal Sufficiency: Marh.i M. Scudt~ri Assistant County Attorney G:/V-99-30 RESOLUTION/FR/u TIMOTHY J. CONSTANTINE, Chairman -2- AGENp& I'J'F..J~ .~. No. ~ FEB 2 2 2.000 EXHIBIT "A" FEB 2 2 2000 EXECUTIVE SUMMARY PETITION C-2000-1, GOLDEN GATE AREA CHAMBER OF COMMERCE REQUSESTING PERMIT TO CONDUCT A FESTIVAL FROM FEBRUARY 25, 26 AND 27, 2000, ON COUNTY OWNED PROPERTY LOCATED WEST OF THE GOLDEN GATE COMMUNITY CENTER. OBJECTIVE: Golden Gate Area Chamber of Commerce, is requesting that the Board of County Commissioners approve a permit to conduct a festival from February 25, 26 and 27, 2000, on County owned property located west of the Golden Gate Community Center. CONSIDERATIONS: Golden Gate Area Chamber of Commerce has made application to the Board of Count Commissioners for a permit to conduct their annual festival. Golden Gate Area Chamber has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than their request to waive the Surety Bond. FISCAL IMPACT: A non-refundable $250.00 permit application fee to cover the cost of processing and required inspections has been paid to the County. Since the Golden Gate Area Chamber of Commerce has signed an agreement with the Collier County Real Property Division for clean up costs, if the Golden Gate Area Chamber of Commerce fails to restore the site back to the original condition, the County holds no liability. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: .~the Board of County Commissioners approve the permit to conduct the annual festival. CURRENT PLANNING MANAGER REVIEWED BY: PLANNIN~ERVICES DIRECTOR VINCENT A. CAUTERO/~C~', ~TRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE FEB 2 2 2000 Gateway to Southwext Florida $847 Tollgate Blvd. Naples, Florida 34114 (94 l) 352- 0508 January 31, 2000 The Golden Gate Area Chamber of Commerce has scheduled it's annual Festival for February 25- 26-27, 2000. The Carnival Operation Petition has now been submitted with requested back-up material and the required $250.00 fee. In years past, the surety bond in the penal sum of $2,500.00 has been waived. We are requesting that courtesy again for the Festival in 2000. Respectfully,,/ Executive Director A wholly owned subsidiary of the Golden Gate Area Chamber o£ Commerce 2O0O Official Receipt - Collier County Board of County Commissioner~"-" CDPR1103 - Official Receipt Trans Number I Date Post Date Pmt Slip # Status 177682 i 01/31/2000 2:07:58 PM 01/31/2000 MS-65698 POSTED Payor' GOLDEN GATE FESTIVAL Fee Information Fee Code ~ Description i GL Account Amount Waived 11CIRC i FAIR & CIRCUS PERMITS i 11313890034122000000 $250.00 Total $250.00 Payments Payment Code Account/Check Number Amount~ CHECK 250 $250.00 Memo: C-2000-1 Golden Gate Festival Inc. Total Cash Total Non-Cash Total Paid $o.o01 $250.00] $250.001 Cashier/location: FROLOFF E / 1 User: MARTIN C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:01/31 NOTE: Please read reverse side Copy: Zoning Di'r~or .. b~fore coJDletir~ this Copy: Petitior~r ' ~ Copy: (2) County Manager ETITION NO. PROPERTY OWNER' S ADDRESS: 3 '.;'/la- .TELEPHONE. / ' ~ Y~ 67 LEGAL DESCRIPTION OF SUBJECT / GENERAL LOCATION: ~0~ ~ d THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA- TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.¢. 3.e.3) 3.e.6) 3.e.9) 3.do Comments: SIGWAT6~ OF ~ETITIONER DATE REVIEWED by Board of County Approved: Conditions of Approval: Commissioners: Disapproved: SIGNATUR~OFCOU~TY~~ A~A I'IF~ 2000 8]pONSOR ~:)TZFZC&TZO~ FOP. M FOR ~~ ~8: N~e of even~ ~~ ~~ ~~t~ Date(s) of event ~m lJ'-m&-27 Hours of operation Address of Sponsor 3'~-yZ ~oz_cS~Z= /~.,/~. Person in charge of food service Phone Number of food and beverage booths /~-- Estimated number of attenders expected at the event at one time? Number of toilets to be provided: Portable: Male (y) Female Permanent: Male ( ) Female Method of toilet waste disposal: Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: Describe facilities and method of hand washing: Describe facilities and method of utensil washing,.rinsing and sanitizing: ~-,,~/-- ~,,~-.,~, /'~/~,~J~ 6~P~z~/~ Z)/~-~7--3 Source of potable water: For information and assistance conta~c: Environmental Health & Engineerimg Department (813) 643-8499. FEB 2 2 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply .~may subject the booths to be closed for public health reasons.. Do you nderstand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to aesu~e responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. S~~ sponsor' s agent Date: FZB 2 2 2000 · TOLVE~.yND,URsr,~ PRESENTATIONS'T,k,;~,~2eg OF, F. NT,~i20~id~RS~,0:~S.~,,W^¥ 07'07~ INC. FAX NO. 201-933-5857 FACSIMILE TRANSMISSION LEAD SHEET TO: FROM: ...... DATE: FACSIMILE NO, NUMBER OF SHEETS TO FOLLOW: MESSAGE A~mkJ'4JA m FEB 2 2 ~mu,em~nt Rides Stevep.~, Tolve SC. 135 60 2350 John M. Tolve SC. 145 22 7124 John M. Tolve Jr. SC. 14464 1789 TOLVE PRESENTATIONS INC. 269 Oden! Way · Lyndhumt, New Jersey 07071 · Phone (201,) 933-3388 FAX (201) 933-5B57 201~33~8~V TOLVE pRESEt-~T4TIOt'S PAG~ 03 THIS LICENSE EXPIRES SEPTEMBER LOCATI~: Z69 ORiEnT ZONED: LVNDflURST e NEB JER5 ~ MAKE CHANGES OR CORRECTI~S BELOW BUStNE~.S IN OPERATION CHANGE Of: LC)CATIOh ~,USINE$$ WITHIh CITY LIMITS RESIDENC[ USED AS OFF~CE SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER Or VENDING MACHINES ~UNr CLAr TI~ C~U~ ¥e$ ~ NO D INDIVIDUAL[ YES D NO r'], PARTNEREd'tIP [ yes ~ NO ~ v~O ~ NO ~ TItAVELI N6 5HO¥~CARNIVALS CARNIVAL~ SIOE SI, ION i-Hi--~t-, OECL.AI~E THE PRECEDINO STATEMENT9 ARE TRUE AND FAGTUAL TO TIlE BEST Of MY KNOWl_EO(~E, 2ooo ~ oU~ Note: I.~a. pc~ic-j,'i,~issu~ ~:wi~beou,,C~bz~. L I. A~z~ Frontier DAys. Ir~. ~ Th~ C~]~n Cat~_ Festival_ _ ~~ C~o ~ld~ Gate ~r o{ ~ce. ~7 ~ll~at~ BI~. .. Naples, ~ , ~ ~4~14 _ ~~k ~() ~~~ ~~() ~o~v~() ~. ~~~Z~ D~~ ~) ~ () ~~ () ~7 Yes -- ~~c~~ ~__ ~~ as sch~ul~ for ev~t 11. $ct',,'i~ 5o,:~: l~om: same as above To: 13. ~~ ~, ~ ~~ ~ ~ .~y-~_ ~e o , mnprofit o~q~ti~ ' tS.~~~~t~~~ : /g,o~o ..... . - ~llier Co~ty, 3301 T~ ~0il E.~ Naples: R41 1 2 JF~N-29-19c39 16: 52 FLORIDA FRAUD STATEMENT ANY PERSON WHO KNOWINGLY AND WiTH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY iNSURER STATEMENT OF CLAIM CONTAINING ANY FALSE, INCOMPLETE OR INFORMATION IS GUILTY OF A FELONY OF THE DEGREE. IP 429 FL (3/96) ,,~.~(~ FEB 2; 2000 Crump Insurance Services of Florida, Inc. 1211 Semoran Boulevard, Suite 227. Casselbeny, Florida 32707 Telephone (407) 678-4552. In-State WATS (800) 678-4552. Telex 71-272706. Facsimile (407) 678-4678 Short Term or Special Event General Liability Application F~uJLi~ Days, ~qc. dba 'lte Appian, s Name Golden Gate F~ti Va] ~a,~A~re~ 3847 Tollgate Bi~. t~n lot adja~t ~ 4701 ~ld~ ~te P~ ~ples, ~ 34116 2335 'i-,ami;ami 'Pr-ali Nh__ ~Ht-~_ 4rll PROPOSED EFFECTIVE DATE: Fmm 2/24/00 'ro 2/29/00 12.'01 AJi.. SIMN~rd Timl lt lhe addmM M thew Applicant is: ~ Individual 2~ Corporation -n Partnemhip 3 Joint Venture :3 Other (Specifl/) UMITS OF LIABILITY REQUESTED PREMIUMS General Aggregate $ I, 000,000 Premises/Operations Products & Completed Operations Aggregate $ ]~X:(;::l~ $ Personal & Advertising injury $ Excluded Preducts/Completed Operations Each Occurrence $ 1 ~000 t 000 $ ~Ej~e Damage (any one tirel $ ExcludEK:] Other , ~ical Expense (any one person) $ Excluded $ Other Coverages. Resmctions. and/or Endorsements Total Deductible $ 250 $ A. Estimated attendance 14,000 S. Sales$ 35,000 Estimated participants 30 Maximum capacity at location of event 1 0 ~. 00O C. Detailed description of event (attach advertising brochures, flyers, etc., if any) zNm.tserae~ts (['ides, qa.mes, c~afts ), entertair~e_nt (local singers; youth groups performir~_ dance routines., youth karate class dem~_..stratic~..~,~, ~-~ · D. I~te approximate ~ ~a of ~blic a~i~ ~t g~ ~ f~ly att~e E. ~11 ev~t ~ held: ~ Ind~m I~i~te ~fl~: R~ % ~ ~ml~n ~ ~doom Have t~ ~1~ ~~ ~ ~n ~e~i~ ~a~i~ ~ ~IE~? ~ Y~ Have ~~ ~ ~ to ~ply ~ ~h ~? ~ P~vate ~ % ~) No ~.~Ye~ -~No x :3 ~ police 3 Guar~ dog~ A~A I~ / FEB 2 2 2000 GLS-APP-9s (4-g2) F. Crowd control: Type and approximate number of: ~ Ushers ~ired security, are certificates of Insurance required? :3 Yes G. Does applicant have Workers' CompensaUon coverage In force? H. Does applicant lease employees? :3 Yea ~. No I. Applicant's experience in conducting events of this or similar nature (number, dates, etc,) ThJ.~ ~ f'h~_ 16f-h ,w=~r fc~r ~-~ ?5;ez j. Will bleachers or platforms be involved? X;I Yes ~ No Type: 3~3 Portable -'] Permanent Back and side railing peo~ded? -I yes ~3 No Construction: ~ Wood ~ Ste~! 23 Concrete Height: ~ t ft. Age: __ yrs. col3structed for E K. Is liquor served or sold by the insured? Yes Ifso, explain]~:'~--r booth non-profit qroups. The bee__r ver~nr trains th~ vol~_r.~_ a ~s ~i~uor ~.~ or s~e b~ om.~? Do m.¥ have ~ir o~. ~uor ~a~ cove? Liquor liability is purchase for the event M. Will first aid facilities be provided by applicant? x~ Yes ~ NO If yes, who will be in charge of the facilities? 23 Doctors 23 Nurses N. If applicant is sponsor, does operator have liabilily insurance? -1 Yes Name of company Others: ('~ml-~=~- Limits ~ No O. Have certificates of insurance been obtained from operator? -1 Yes -q No P. Hold-Harmless Agreements (If answer to 1. or 2. JS yes. attach copy of contracls.) 1. Does al~pticant agree to hold harmless any third party? -] Yes ~ No 2. Is applicant held harmless by others? 51 Yes ~ No Additional Insured: Collier County, 3301 Tamiami Trail E., Naples, FL 34112 Golden Gate Chamber of Co.~erce, 3847 Tollgate Blvd., Naples, FL Previous Insurer: Indicate premium and losses for the past three years. Describe al/Ioeses. Company that owns and operates rides provides certificate of insuranc~ 34114 LOSSES LOSSES YEAR COMPANY POL# PREMIUM PAID RESERVED DESCRIPTION 1999 Natl Fire & Marine 7~l.P1~7407 1658_48 No lns~_~ 1998 Nat] P~r~ A M~rir~ 7~LP135193 $!496_25 !997 _~,_r!~__~g+~_o~__ T--~-S. ~. B0!5~.C~.!9825 1557.15 a poticy be ~ssuecl. APPLICABLE IN THE STATE OF NEW YORK: ; -. ,. Any 13croon who knowingly and with intent to delraud any insurance comoany or other 13erson liles an al:~n for insurance ' .~ Paise infonnalion, or conceals for the pu~0ose of r~steading informa[ion co fact material hereto, commits a frau(tulent insurance act. which is a c~me. . . EdGNATURE Dale APPUCANrS / / IMPORTANT NOTICE GLS-APP-gS (4-92) ANSWER ALL QUESTIONS -- IF THEY DO NOT APPLY, INDICATE NOT APPLICABLE Short Term o~ Special Event Ac, aJ~rrEM FEB 2 , F~--01--00 TUE 15:26 C.G. VISITOR INFO CENTER 813 352 0§08 P. 02 GOLDEN .GATE FIRE OONTROL & RESOUE DISTRIOT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116.6901 (941) 455-2121, FAX (941) 455-7917 F~rua~ !, 200O Mr. Ken Ellis Goldgn Crate Chamber of Commerce, Inc. 3847 Tollgate Boulevard Naples, Florida 34114 Dear Mr. Ellis: This fire depamnent will provide its services during the "Festival 2000" that will be held on Febrtmty 25, 26, 27, 2000, at the Golden Gate Community Cent, 4/01 Golden Crate Parkway. This de~t must imbt that all fire eodez and s~fety codes be strictly ~ to. 1. A file lg,~lo (20 fOOt minimum) will be provided with access to all cooking and vending areas, 2. Fire extinguishers to bc provided in all cook/ng facilities. 3. Any m~d all LP tanks will be tied down. 4. Any ~ all =lectrical box m~ess will be pro~ flora general public con~t. ~. Provide the Goldc~ Gate Fire Depmlxnent with a map of the ~ layom pr/or to the starting of the event. In ~Kidifion, it w/Il be necessm~ for BII "Fe~iva12000" tb~ilifies to be iast~ted by a ~ ~nt/nspector aflrr fllcy ~ ~tup ami prior to them being ~ to the public. Thank you for your ooorerafio~ Sincerely, Donald R. P~t~.~ Fil~ Chief DRP/pra FEB 2 2 2000 COLLIER COUNTY SHERIFF:S OFFICE LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT (EXTENSION) THIS AGREEMENT, entered into this ~/'~'day of ~, ~'~), by and between the Collier County Sheriff's Office. DON HJJNTEB, SHERIFF oT'~' ... A,~,omer ~.ounty, Naples, Florida, hereinafter re[erred to as 'CCSO' and - ' '~,OOO , Florida, hereinafter referred to as 'CONTRACTOR", both of whom shall be referred to as the 'PARTIES'. This contract extension will remain active for the period of one (1) year terminating on the day of .'r-~-~ , I=B · -, i All the terms and conditions of the original contract will remain valid. A schedule of specific dates and assignments fqr Deputies assigned under this agreement is attached hereto and marked 'Exhibit A'. The schedule will remain flexible as agreed on by the PARTIES. The estimated minimum rate, based on now available information, is $21.90 to $ 30.60 per hour per Deputy, subject to final accounting. If the contract requires vehicle patrol, the Agency shall be paid $ .29 per patrol mile per vehicle. FINANCIAL ARRANGEMENTS: ~' FULL PAYMENT IN ADVANCE 50% DEPOSIT REQUIRED NO DEPOSIT REQUIRED/TOTAL DUE UPON BILLING IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS INSTRUMEN'I: ON THEIR BEHALF, AT THE DATES SET FORTH BELOW. AS APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: CONTRACTOR:,~'~OZ.,O&~;~/ ~,,~-~- ,/¢~-/~)~'-7~'-~"~/z~c-/~ ~-~/-7~'/~/- ~<:2~ Signed Name Street Address COLLIER CO. SHERIFF'S OFFICE: Typed Name Date Ciw, State, Zip Code ~ Telephone ~ ~ql- ~5 ~ - 3 [ ] Approved [ ] Not Approved Lieutenant - Special Services Bureau Approved Approved Approved Not Approved Not Approved Not Approved Capt. - Uniform Div. Date Finance Date Undersheriff Date DON HUNTER, SHERIFF - COLLIER COUNTY DATE AGENDA ITr~ FEB 2 2 2000 II-La. TS COOkiNG ~11 &Il P,~UWlNG Bobs Smd Engine Cduhr Om Cq~ ~ Cdl~ t'hdth Ook:h~ Gdt IIIdi ~ I ~ 1"~4""1 ~ I ~ I ~ I ! ~/EN DoR, ~ t -.(..-o ~_ V g' L ,-/o AGENDA ITEM FEB 2 2 2000 PERMIT FOR CARNIV~ EXHIBITION Permit No.. .... STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Mr. Ken Ellis, Executive Din~or, Golden Gate Area Chamber of Commerce, has made application to the Board of Coumy Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Mr. Ken Ellis, Executive Director, Golden Gate Area Chamber of Commer~, has presented to the Board sufficient evidence that all cr/ter~ for the issuance ofa petm/t to conduct a carnival or exli/bifion aa set forth m Chapter 10, Article lI, Amusements and Entertainment of the Collier County Code have been satistied and that such carmval or exhibition will be conducted according to lawful requn'ements and conditions; and WHEREAS, said Mr. Ken Ellis, Executive Director, Golden Gate Area Chamber of Commerce, has requested a waiver of the Surety Bond and; NOW, THEREFORE, THIS PERM1T IS HEREBY GRANTED TO Mr. Ken Ell/s, Executive Director, Golden Gate Area Chamber of Commerce, to conduct a carnival or exli~oition on February 25, 26 and 27, 2000, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated berem for the following described property: Tract 115, Unit 4, Golden Gate Subdivision, aa shown on the Plat thereof aa recorded in Plat Book 5, Page 109, aa recorded in the Officisi Records of Collier County, Florida. The request for waiver of the Surety Bond is hereby approved. WITNESS my hand aa Chairman of said Board and Seal of said County, attested by the Clerk of Cour~ m and for said County this day of ,2000. ATYEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COI~VllSSIONERS: COLLIER COUNTY, FLORIDA: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY C-2000-1 Penmt TIMOTHY I. CONSTANTINE, CHAIRMAN AGENDA ITEM FEB 2 2 2000 EXECUTIVE SUMMARY PETITION C-2000-2, ANNIE PAPPALARDIO, OF COLLIER COUNTY PARKS AND RECREATION, REQUSESTING A PERMIT TO CONDUCT A FESTIVAL FROM MARCH 2, 3, 4 AND 5, 2000, ON COUNTY OWNED PROPERTY AT THE IMMOKALEE COMMUNITY PARK LOCATED AT 321 NORTH 1sT STREET. OBJECTIVE: Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct a festival from March 2, 3, 4 and 5, 2000, at the Immokalee Community Park located at 321 North 1= Street. The applicant is also requesting waivers of the application fee and surety bond. CONSIDERATIONS: Collier County Parks and Recreation has met all the requirements of the carnival permit procedures other than those requests for waivers addressed herein. Staff concurs with the request for waiving the Surety Bond as there have been no previous problems related to clean up of the site after the Collier County Parks and Recreation Immokalee Spring Festival. FISCAL IMPACT: The applicant's request for a $250.00 permit application fee waiver has been granted in past years. Revenues for Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a bit of misnomer m that, should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Based on staff research the average annual fiscal impact resulting from these types of fee waiver is $2,200 per year. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: ~'~ the Board of County Commissioners approve the permit to conduct the Collier County Parks and Recreation annual fes~al, subject to consideration of waivers for the Carnival Fee and Surety Bond. Ai¢ ' CURRENT PLANNING MANAGER AGENDA ITEM FEB 2 2 2000 / ~I~EWED BY: I~R~' J. NiI~_,HERE, AICP PLUG SER~CES D~CTOR APPROVE~ ~ ~ VENCENT A. CAUTE~O, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE 2 AGENDA field FEB 2 2 2000 FEB-10-E~O 1~:41P FRO~:CCPR 94165~51~5 TO:G436968 P:~3 COIZmR COUNTY DEPARTMENT OF PUBLIC SERVICES PAR~<S AND RECREATION DEPARTMENT C01,I,IRR COUNTY PARKS AND RECREATION ADMINISTRATION EAST 310 ALACHUA STREET IMMOKAI.~..E, FLORIDA 34142 (941) 657-5126 (941) 657-1447 FAX (941) 6,57-5125 A CERTIFIED BLU~ CHIP COMMUNI'rY The Parks and Recreatk)n Depmlment reques~ the following fees to be waived · Surety Bond $ 2,500.0 , Permit Fee $ 250.00 For the Immokalee Sp~ng .Festival Carnival on March 2-3-4-5. 2000 from 6:00 P.M. - 11:00 P.M. · Page1 A~A I'I'E~ FEB 2 2 2000 NOTE please read reverse side before couDletina this Copy: Copy: Copy: ~ O~:~,ATZO#' ~FrZTZOI! Zoning Director Petitioner (2) County Na~qer CURRENT ZONING: CURRENT USE: ) - ~E For.rOWING INACTION IS INCL~ IN ~IS P~ITION. (~R ~~A- TION, SEE R~E SIDE. ) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATORBOFCOUNTYNANA~EH FEB 2 2 2000 ~ NOT~F'rCAT'rON FOitM FOil · Address of event · Date(s) of event Sponsor of event Number of food and beverage booths Estimated number of attenders expected at the event at one time? /000 Number of toilets to be provided: Portable: Male (-~) Female (~) Permanent: Male (~) 5%a~\5 Female (~) Method of toilet waste disposal: Describe method of ~iquid kitchen waste disposal: ~c/~ ,~, x_.(,' ~. T~ ,,// Describe containers and method of solid waste disposal (garbage) ~O~- ~Lr,~ qq o~ ,:r~LC~ ~,-~ Number of solid waste disposal containers provided.' D~scribe faci_lities and method o~ hand washing: o,~,,~,'--, flmA ,.Jnr,~ ~ c~%~m~, ~ ' ' Describe facilities and method of utensil ~ashing, rinsing and '1 For information and assistance conta=t: Enviro~ental Health & Engineering Department (813) 643-8499. AGENDA ITE~ 1 ! As. the sponsor of this event you are responsible to notify all food vendors of the temporar~ food service requirements. Failure to comply may subject the booths to be closed for public health reasons.~ Do you Understand this completely? Yes / No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attaints are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Date: signat6re o£ p~sor s agent ^C, END^m ='J' ' FEB 2 2 2000 food or beverage to be served: Code er 10D-13 Florida Administrative requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Lo-cation of advanced food preparation: Co~6d3JJ~n 7~///~(- How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: Food. must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? .Describe. tyl~e o f structure: ' / Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For I~fo~ma~ion and Enviro~.~e~&l Hea.l~l & AGENDA 1'17 FEB 2" 2 00 FEB-9-2~ ~2:43P FROM:CC~ 941~1E5 2~-21ZIIZ~ 1: ~ ~ ~ 1 (~7~71~8 TO: 64~968 P:2/5 P. 2 Golfler County Govt. Complex Bldg. - J 3301 Tamiami Trail East, Naples. FL 33962 Telephone (AC 941) 774-4434 F~aq' $, 2000 321 1~. 1'~ St. ~ FL 34142 AGENDA ITEM FEB 2 2 2000 FEB-9-~ 02.: 44P FRDH: CCF~ 9~165751L:~; TO: IMIVIOKALEE FIRE CONTROL DISTRICT ~02 F,. NEW MARKET ROAD, IMMOKa~.~ FLORIDA 34142 2ooo Sandra Ramos ~mmokai~ Park~ and R~reation 321 N, 1st SL~ Immokalee, Fl. 34142 ]~arSandraR~mos, The lmmokalee Fire Control Dist. will provide fire protection and inspa~ons fro' the cm~livai you are planning in March. Please provide the date and time that the state ride inspector is sdaeduicd for. When planni_ng the layout, kccp in mind that the fir~ trucks need access. Provide at least 24' fir~ lane around the midway. Fire extinguishers will be needed p~r N'FPA 10. Fire ~m~ml~ishers shall be inspecu~ and tagged as required. If you should have nny questions, feet free to call me at 657-2700. GENERAL OFFICE (941) 657-2111 ~ ~ON (941) 657-2700 FAX (941) 657-9 AGENDA ITEM, ~9 FE3 2 * :?~ FEB- 9- E~BS~ 88:44P FROM:CCPR 9416575185 TO:64J~S968 P:4x5 CARNIVAL iDESCRIPTION-OF ACTIVmES '1. Meny-Go-Round- ride 2. Go Oator - rollercoaster ride 3. Elephant- ride (children) 4. Round Up- spinning ride 5. Ferris Wheel - ride Combination - ride with motorcycle, cars, truck (children) 7. Pitch Games - break the bottles- balloon bust- basketball Shoot - fish bowl 18. Tilt-A-Whirl -""Ri~ie of spin~i.ng Cars. 7 AGF_N ~A ITEM ~9. "Slide '" ichild~en & adult) 10. Picture Trailor 11. Food Tr~ail°rs'''- Poi~com, hotdc~g, hamburge~,'Soda, water - cotton ._. candy, candy FEB 2 2 2000 FEB- 9- E~B~ BS:44P ~I~3fg:CCPR 94&~??5i25 TO: ]43L~ P~ATIC~ P:5/5 PAGE B2 PNEBSINTA'TJDNi WAY i.~. Nd 07071 ompM, ~ OTA'F~ t~ ~'*0. c~,,m,~ ~,~m~oo j t,.,~seo t s.n. eo mW _t : I FEB 2 2 2000 ~. // ,4mu~m~n~ Stevep.~. Tolve SC. 135 60 2350 John M. Tolve SC. 145 22 7124 John M. Tolve Jr. SC. 14464 1789 TOLVE PRESENTATIONS INC. 269 Orient Way · LyndhursL New Jet, my 07071 * Phone (201) 933-3386 ........................................................ 01/27,/2088 14:38 2019335857 TOLVE PRESENTATIONS 2~ N ~SE~ DRIVE * ~ES. ~lOA ~1~ ' ~IS UCENSE ~PIRES SEPTEMBER ~, ONED: LYNDHURST e NEN JERS ~ MAKE C~E8 OR CORREC~I~S BELDW MU~T PflOVl~ ~E F~oWINQ: ~ F~ P~FE~ REQ. ~. BUSINE~8 ~HONE TOLVE PRESENTAT lONe ORIENT MAY LYNDH~ST NJ EATING CAPACITY :)OM COUNT JMBER OF EMPLOYEES TRAVELI leg $flo#~CARNIqrALS ~u,,. o, v..D,.~ .A=.,.~. FEB 2 2 2000 ~ o,*~ ~E P~C~'~~~~UE ~O F~ TO ~ mi~ ~ MY ~~E- ~0S00/ ,~ .~1 .................................................. FEI~-iO-~ 18: 41P FR:~M:C~ 94165-t51E~5 T0:64~968 P:3/3 Permit No.. .... PER_MIT FOR CARNIVAL EXHIB~ON STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Annie Pappalario, of Collier County larks and Recr~atiun, hss made application to the Board of County Commissioners of Colller Connty, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, A.nme Papp~l~lio, of Collier County Parks and Recreation, has presenl~l to Ihe Board sufficient evidence that ail criterm for the issuance of a permit to conduct a carnival Chapter 10, Article Il, Amusements and Entertainment of the Cother County Code h~ve been satisfied ~nd that such cam/val or exhibition w/l/be conducted according to lawful re~ and condilioz~; m~d WHEREAS, sa/d Aunie 1~o, of Coil/er County Parks and Recr~tion, h~ reque~xl a w~iver of the Carnival Fee and Surety Bond; NOW, ~ORE, THIS PERMI~ IS HEREBY GRANTED TO Amtie P~l~, of Coil/er Coumy Parks and Recreation, to conduct a ~m/val or exhibition on March 2, 3, 4 and 5, 2000, in ~ccord~mce w/th the terms and co~l/tions set forth in the petitioner's apphcation and all related docomm~ att~hed h~=w and incorporated hereto for the following descnt~ed property: (See at~ched Exiu~it "A") The req~e~ for wa/ver~ of Carmv~l Fee and Surety Bond is hereby WITNESS my hand as Cha/rman of ~aid Board and ~ of s~ficl County, and for said County this /by of_____________, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS: DWIGHT E. BROCK~ Clerk COLLIER COUNTY, FLORIDA: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY C-2000-2 petit TIMOTHY I. CONSTANTINE, CHAIRMAN AC_~.NDA FfF. M FEB 2 2 2r300 Property Information Report CDPR1002 - Property Information Report FOLIO NBR 0000000127440006 BLOCK BLDG LOT UNIT 121 .000 USE CODE 86 PARENT PARCEL PHYSICAL STREET LOCATION 0000000856200009 321 1ST ST N, IMMOKALEE RANGE TWP SECT STRAP 29 47 04 472904 121.0002E0 CLASS CODE MILL AREA TOTAL ACSC HDR REF FLAG 0 5 22.59 0 SHORT LEGAL 4 47 29 COMM NE CNR SEC 4, S 679.60FT, S 89 DEG W 40FT POB, S 648.01FT, S 89 DEG W 1770FT, N 1 DEG W 492.68FT, N XTRA LGL CNT 3 OWNER NAME COLLIER COUNTY ___~NER ADDRESS PREVIOUS OWNER FULL LEGAL DESCRIPTION 4 47 29 COMM NE CNR SEC 4, S 679.60FT, S 89 DEG W 40FT ~POB, S 648.01FT, S 89 DEG W 1770FT, N 1 DEG W 492.68FT, N 22.59 AC OR 1075 PG 1451 Collier County CD-Plus for Windows 95/98/NT Exhibit "A" Printed on 02/02/2000 8:43:58AM. Page 1 of 1 EXECUTIVE SUMMARY APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A TWO HUNDRED TWENTY-EIGHT THOUSAND ($228,000) DOLLAR LOAN TO THE COLLIER COUNTY HOUSING AUTHORITY OBJECTIVE: To have the Board of County Commissioners approve the Mortgage and Promissory Note for a loan to the Collier County Housing Authority. CONSIDERATION: The Collier County Department of Housing & Urban Improvement has set aside $228,000 from the State Housing Initiative Partnership (SHIP) funds for a zero interest loan to the Collier County Housing Authority. The Department has also set aside an additional $200,000 to enter into an agreement with the Housing Authority to provide a zero interest non-repayable loan. These zero interest loans are provided for by the Land Acquisition/Transfer with New Construction strategy approved by the Board of County Commissioners in the three-year SHIP Housing Assistance Plan on September 1, 1998. These loans will allow the Housing Authority to construct a 300 bed farm worker housing facility and an additional 40 single family homes in Immokalee. FISCAL IMPACT: Approval of this Mortgage and Note will grant a zero interest $228,000 re-payable loan and a $200,000 zero interest non-repayable loan to the Collier County Housing Authority from the Affordable Housing Trust Fund. Disbursement of the loans shall occur on July 1, 2000, the first day of state fiscal year 2000-2001. The re- payable loan shall be paid over five years in $45,600 increments beginning July 1, 2003. Total payments shall be $228,000.00 due on July 1, 2007 or earlier. Recording costs will be paid to the Clerk of Courts by the Collier County Housing Authority. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Mortgage and Promissory Note. SUBMITTED BY: ~ ,~-"~~~ Date: Cormac J. Giblin, Manager Department of Housing and Urban Improvement REVIEWED BY~~~~ - Gfeg~ih~lic, ~) irecto'~ ' /~gnt of Housing an/~ban Improvement APPROVED BY: "'/z~:~ ~/' ~ Date: ~ '~ Vince~tXA. Cautero, AICP, Administrator Community Development and Environmental Services That the Board of County Commissioners approve the ITEM FEB 2 2 2000 MORTGAGE Security Instrument THIS SECURITY INSTRUMENT is given on July t, 2000. The Borrower is: Collier CountH Houaing AuthoritH ("Borrower"). This Secudty Instrument is given to Collier County ("Lender"), which is organized and existing under the laws of the United States of America, and whose address is 2800 North Horaeehoe Drive, Naples, FZorida 34014 . Borrower owes Lender the sum of Two Hundred Twenty-eight Thousand Dollars (U.S.$ 228.000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument which provides for monthly payments, with the full debt, if not paid earlier, due and payable on Jul}r 1, 2008. This Security InstnJment secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Secudty Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Flodda. As more particulariy desc.dbed in Attachment A. (Legal Description) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fix'tufas now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covedng real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: t. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2, Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, lA)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may tawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid dudng the temn of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain pnority over this Secudty Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; lb) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or lc) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priodty over the Secudty Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within l0 days of the giving of notice. S, Protection of Lender's Rights In the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender"s dghts in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's dghts in the Property. Lender's actions may inctude paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entedng on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 6. Inspection. Lender or its agent may make reasonable entdes upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 7. Condemnation, The proceeds of any award or ctaim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event cfa total taking of the Property, the proceeds shall be applied to the sums secured by this Secudty Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by lb) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in wdfing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 8. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the odginal Borrower or Borrower's successors in interest. Lender ! FEB i2 2 2000 shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signera. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower ma~ agree to extend, modify, forbear or make any accommodations with regard to the terms of this Secudty Instrument or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected Eom Bon-ower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 1t. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notiCe to Lender. Any notice to Lender shall be given to Sorrower or Lender when given aa provided in this paragraph. 12. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. '13. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of this Secudty Instrument. 14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior wdtten consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this peded, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Secudty Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomey's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's dghts in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 17. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. '18. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreciosura by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attomey's fees and costs of the title evidence. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 20. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any dder(s) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Witness#1: Signature: VVitness#2: Signature: STATE OF__Florida COUNTY OF Collier County Housing Authority Signature: Borrower:. Fred Thomas, Jr., Executive Director Address: 1800 Farm Worker Way T~kalee, Flor£da 34142 I hereby certify that on this day, before me, an officer duly author[zed in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared Fred Thomas, Jr. to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that (He/she/they) executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this day of My Commission Expires: (Seat) Notary Publids Signature Notary's Printed Name 19 FEB 2 2000 Attachment A, Legal Description: 3 47 29 BEG AT Wl/4 RUN S 1320FT, E 520FT TO POB, CONT E 805FT, N 905FT, W TO SW ALG ACL RR TO POB, LESS NLY 350FT MEASURED ONE BDRY L 1 OF NWl/4 OF SW1/4 LESS OR 2494 PG 1292. 3 47 29 PAR 34 THAT PORTION OF 130FT WIDE STRIP OF LAND LYING OVER THROUGH & ACROSS SEC3, LESS OR 1222 PG 659 LESS OR 1240 PG 1287, LESS OR 1238 PG 1905, LESS OR 1345 PG 1354, LESS OR 1412 PG 461, LESS OR 2494 PG 1292. PROMISSORY NOTE July 1, 2000 Borrower: Collier County Housing Authority 1800 Farm Worker Way I~ok&lee, Florida 34142 BORROWER(S) PROMISE TO PAX: I/We promise to pay ~wo Hu~lclred ~ent~-ei~ht thousand Dollars ($228,000.00) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 Horseshoe Drive North, Naples, Florida 34104 I/We understand that the Lender may transfer the Pro~issoryNote. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". INTER~ST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until I/We pay it in full. PAYMENTS: Principal payments shall be deferred for a period of two years from date disbursed with five equal yearly payments of $45,600.00 due beginning on 7-1-2003 and continuing for five years thereafter until payment in full of $228,000.00 is received on 7-1-2008. My/Our total payment shall be U.S. $228,000.00 . BORROW~R'S RIGHT TO PREPAY : I/We have the right to make payments of principal at any time before they are due. A payment of principal only is know as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then ( i) any such loan charges shall be reduced by the amount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. SUBORDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust or for any other purpose expressly perm/tted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Bolder's acquisition of title, provided that ( i) the Lender has been given written notice of a defau'lt under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. 7. BORROWER(S) FAILUP. E TO PAY A~ REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring about any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's Cost and Expgnses F,£B 2 2 If the Note Holder takes such actions as described above, the Note Holder will have the right to be paid back for all of its costs and expenses, including, but not limited to, reasonable attorneys' fees. GIVING OF NOTICES: Unless applicable law required a different method, any notice that must be given to me/us under the Note will be given by delivering it or by mailing it by first class mail to me at the Property Address on Page 1 or at a different address if I/we give the Note Holder a notice of my/our different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Molder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 1t. UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protection given to the Note Molder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all sums secured by this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with t_he Laws of the State of Florida. WITNESS TH~ HAND(S) AND SEAL(S) OF ~ I]NDE~SI~NED. Borrower (Seal) Fred Thomas Jr., Executive Director Collier County Housing Authority ======================================================================================== RETUP. N TO: Collier County Housing & Urban Improvement Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (941) 403-2330 Fax: (941) 403-2331 FEB 2 2 2000 EXECUTIVE SUMMARY APPROVE AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR THE NAPLES PHILHARMONIC CENTER FOR THE ARTS OBJECTIVE: Obtain Board approval for an alternative road impact fee calculation for additions to the Naples Philharmonic in accordance with Section 2.03 of Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance (the "Ordinance"). CONSIDERATION: In 1999, the Philharmonic's contractor, Boran, Craig, Barber & Engle, obtained building permits to construct two additions to the existing facility: a 13,924 sq. ft. office addition and a 30,750 sq. ft. museum. The office addition permit was issued on April 19, 1999, and road impact fees were assessed at $2,453 per 1,000 sq. ft. (Office < 50K sq. ft.), for a total of $34,155.72. The museum addition permit was issued on July 26, 1999, and road impact fees were assessed at $1,755 per 1,000 sq. ft. (Retail < 50K sq. ft.), for a total of $53,966.25. Total road impact fees for the two additions amounted to $88,121.97. The Ordinance sets forth the requirements for the imposition and collection of road impact fees. Among the parameters used in computing road impact fee rates in the rate table in Appendix A of the Ordinance are trip length, trip generation rate, and percentage of new trips on the external roadway network. Table 5-1 of the Tindale-Oliver and Associates Impact Fee Study, incorporated into the Ordinance, lists trip generation rates and assessable/total trip lengths for various land uses. The values listed for the "Office < 50K sq. ft." land use category include a daily trip generation rate of 16.58 per 1,000 sq. ft. and assessable/total trip lengths of 5.2/5.9. The percentage of new trips is given as 92 %. For the "Retail < 50K sq. ft." land use category, Table 5-1 shows a daily trip generation rate of 91.7 per 1,000 sq. ft. and assessable/total trip lengths of 1.5/2.2. The percentage of new trips is given as 48%. The applicant believes that the nature of day-to-day operations of the Philharmonic Center for the Arts lends itself to site-specific trip generation characteristics. These unique characteristics are the basis for the subject alternative fee calculation. The office space addition was built to meet the office seating, conference/board room, and storage needs of current personnel plus a new museum director. In addition, there are three new offices reserved for future Philharmonic staff. In total, the office expansion was built to support no more than four. additional employees. The museum was built to accommodate 50 to 100 visitors a day. The alternative fee calculation assumes that the visitors are likely to arrive at an average of two persons per vehicle. The museum is expected to support two full-time staff members and 15 new volunteers. The alternative fee calculation assumes the maximum utilization of 15 FEB 2 2 21X ,,. / volunteers each day. The assessable/total trip lengths used in the alternative fee calculation (4.5/5.2) are based on the school/college examples from Table 5-1. The applicant has provided alternative calculation worksheets with the following comparative trip generation characteristics: Office Addition: Trip Generation Rate: A/T Trip Length (mi.): Percentage of New Trips: Road Impact Fee: Table 5-1 Alternative Impact Fee Study 16.58/1,000 sq. ft. 4/employee 5.2 / 5.9 4.5 / 5.2 92% 100% $34,155.72 $2,733.74 Museum: Trip Generation Rate: A/T Trip Length (mi.): Percentage of New Trips: Road Impact Fee: Table 5-1 91.70/1,000 sq. ft. 1.5 / 2.2 48% $53,966.25 Alternative Impact Fee Study _ 2/vehicle(50) + 4/volunteer (15) 4.5 / 5.2 100% $13,685.78 + $8,209.76 = $21,895.54 FISCAL IMPACT: Using the rate table in Appendix A of the Ordinance, staff assessed and collected road impact fees for the two permits totaling $88,121.97. Under the proposed alternative calculation, road impact fees would total $24,629.28, a difference of $63,492.69. The applicant has already paid the higher fees in order to obtain building permits. The applicant requests that the Board approve the alternative calculation and authorize refunds in the amount of the difference indicated above. The refunds would be posted as decreases (debits) to Road Impact Fee District 1 (331, North Naples) revenue receipts. GROWTH MANAGEMENT IMPACT: Approval of the applicant's alternative road impact fee calculation would not result in reduced revenue significant enough to severely affect the County's overall road construction program. RECOMMENDATION: That the Board of County Commissioners approve the site- specific alternative road impact fee calculation for the Naples Philharmonic office and museum expansion projects and authorize staff to process the necessary refunds. SUBMITTED BY: oo&ata; FEB 2 2 2000 REVIEWED BY: APPROVED BY: ~__ Date:. ~-~- ~- ~_~__ ~ J~K~ a~~s~_ Services Di~rlct°r Co~~ Development & Enviro~en~ Semites Attachments: Transportation Impact Fee Worksheet--Corporate Office Addition Transportation Impact Fee Worksheet--Museum Addition (Volunteers) Transportation Impact Fee Worksheet--Museum Addition (Visitors) FEB 2 2 2000 )_ § O O O o O ~'~ 0 0 0 CL r.. (..1, CC) II Ii II II Ae.~A ~ FEB 2 2 2000 Il Il 0 Cl. C~ m II Il II Il ~.,ENDA ~ FEB 2 2 2000 il II EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION SUPPORTING THE COLLIER COUNTY HOUSING AUTHORITY'S GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS TO DEVELOP FARMWORKER HOUSING IN THE IMMOKALEE AREA FOR UNACCOMPANIED ADULT FARMWORKERS. OBIECTIVE: To have the Board of County Commissioners support the Collier County Housing Authority's efforts to receive a grant award from the Department of Community Affairs to comb'tact farmworker housing for unaccompanied farmworkers in the Immokalee community. BACKGROUND: The United States Congress in 1999 appropriated a total of $20 million to the United States Department of Agriculture (USDA) in Emergency Supplemental Appropriation funds to address farmworker emergencies in the nation. The State of Florida through the Department of Community Affairs (DCA) submitted a state consohdated proposal requesting $10 million of those federal Emergency Supplemental Appropriation funds to respond to a statewide crisis in farmwworker housing targeting Hillsborough and Collier Counties. In 1999, the State of Florida was awarded $9.1 million by USDA to provide farmworker housing. The proposal targeted $3.2 million for unaccompanied adult migrant and seasonal farmworkers in Collier County, specifically Irnmokalee and $4.5 million for unaccompanied and farmworker families in Hillsborough County. The Department of Community Affairs is seeking proposals from eligible applicants who can demonstrate that they have the capacity, knowledge, and experience in developing decent, safe and affordable housing for migrant and seasonal farmworkers. The Collier County Housing Authority is submitting a proposal to develop dormitory-style housing in Irnmokalee that will meet the needs of the targeted population. The Collier County Housing Authority will partner with the Immokalee Friendship House to manage the project. CONSIDERATIONS: With the adoption of the Resolution, the Board of County Commissioners will support the development of farmworker housing in Immokalee and the Collier County Housing Authority's grant apphcation submittal to DCA to secure funds to build additional farmworker housing. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: The Housing Element of the Collier County Growth Management Plan identifies the need to develop additional housing for farmworkers in rural Collier County and agrees to coordinate with State and Federal agencies to provide assistance for the development of a 300 bed facility in the Immokalee area for unaccompanied agribusiness workers. RECOMMENDATION: The Board adopts the Resolution supporting the development of additional farmworker housing in Immokalee. " -i- FEB 2 2 2000 / PREPARED BY: DEBRAH PRF_~TON, AICP CHIEF PLANNER COMPREHENSIVE PLANNING SECTION RhYmER, ~ COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: R~HERE ' , AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 RESOLUTION NO. 2000- A RESOLUTION SUPPORTING THE COLLIER COUN'rY HOUSING AUTHORITY GRANT APPLICATION TO DEVELOP FARMWORKER HOUSING IN THE IMMOKALEE AREA FOR UNACCOMPANIED ADULT FARMWORKERS. WHEREAS, the United States Congress appropriated a total of 20 million dollars to the United States Department of Agriculture (USDA) in Emergency Supplemental Appropriation funds to address farmworker emergencies in the nation; and WHEREAS, the State of Florida through the Department of Community Affairs (DCA) submitted a state consolidated proposal requesting 10 million dollars of those federal Emergency Supplemental Appropriation funds to, respond to a statewide crisis in farmwworker housing targeting Hillsborough and Collier Counties; and WHEREAS, the State of Florida was awarded 9.1 million dollars by the USDA to provide farmworker housing and targeted 3.2 million dollars for unaccompanied adult migrant and seasonal farmworkers in Collier County and 4.5 million dollars for unaccompanied and farmworker families in Hillsborough County: and WHEREAS, the DCA is seeking proposals from eligible applicants who can demonstrate that they have the capacity, knowledge, and experience in developing decent, safe and affordable housing for migrant and seasonal farmworkers; and WHEREAS, the Housing Element of the Collier County Growth Management Plan identifies the need to develop additional housing for farmworkers in rural Collier County and contains programs for coordination with State and Federal agencies to provide assistance for the development of a 300 bed facility in the Immokalee area for unaccompanied agribusiness workers; and WHEREAS, the Collier County Housing Authority and the Immokalee Friendship House have demonstrated their abilities to provide housing and services to the farmworkers in the Immokalee area; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Board of County Commissioners supports the development of farmworker housing for unaccompanied adult farmworkers in Immokalee and supports the efforts of the Collier County Housing Authority and the Immokalee Friendship House to seek the funds available by the Department of Community Affairs. FEB 2 2 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 SECTION TWO: This Resolution adopted after motion, second and majority vote this __ · 2000. day of ATTEST: DWIGHT C. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN APPROVED AS TO FORM AND LEGAL,SUFFICIENCY Marjorie M. Student, Assistant County Attorney AGENDA ITEM FEB 2 2 2000 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE STAFF TO CONTRACT FOR CONSULTANT SERVICES AND APPROVE THE BUDGET AMENDMENTS NECESSARY TO DEVELOP THE COLLIER COUNTY COMMUNITY CHARACTER AND DESIGN MASTER PLAN. OBJECTIVE: To have the Board of County Commissioners authorize staff to contract for consultant services for the purpose of preparing the Collier County Community Character and Design Master Plan. CONSIDERATIONS: On April 13, 1999 the Board of County Commissioners created the ad hoc Select Committee on Community Character and Design. The Select Committee was charged with assisting in the development of a Request for Proposals (RFP) for consulting services for the development of a comprehensive community character and design master plan for Collier County and to oversee the development of the plan. The RFP was issued in August 1999. A selectiOn committee made up of the Select Committee members and four staff members evaluated the seven proposals. Four firms were scheduled for interviews on November 16, 1999. Based on the presentations and an evaluation of the qualifications, references and experience of each respondent, the team of Dover, Kohl and Partners was selected by the committee as most able to successfully achieve all the goals in the scope of work. On December 14, 1999, the Board of County Commissioners authorized staff to negotiate a contract for consultant services to develop the Collier County Community Character and Design Master Plan. In January and February 2000, the Comprehensive Planning Section staff and representatives fi.om Dover, Kohl and Partners met with other County Department representatives and the Select Committee to coordinate the project process and evaluate a detailed scope of services, specific to the needs of Collier County. The Select Committee unanimously endorsed the scope of services prepared by Dover, Kohl and Partners. Staff negotiated with Dover, Kohl and Parmers to an amount of $400,000 for the project. The development of the Collier County Community Character and Design Master Plan will be comprised of six components: Data Analysis & Resource Assessment This phase will include the review of all relevant information; a preliminary on-site analysis; initial meetings with county staff, the Select Committee on Community Character and Design, other groups to be specified, and an initial press conference. A~A ITEM FEB 2 2 21100 Public Participation & Community Image The public participation phase includes a Community Image Survey and a major Community Design Charrette. The community image survey will serve to verify and augment the public participation results from the FoCuS initiative. County staff, the Select Committee and the design team will select five representative areas within Collier County to study in depth during the Design Charrette. These representative areas will be explored in depth and will be the basis for the settlement patterns, plans, and guidelines developed in the following tasks. Urban and Rural Settlement Plan and Design Manual A conceptual plan that will include overall development patterns for the urban and rural areas and a detailed description of development models for smaller communities and corridors that will result in a organized future development pattern and reflect community character. Greenspace Master Plan A County-wide plan to enhance, interconnect and make publicly accessible, Collier County's unique natural, historical and cultural amenities. The plan will include maps showing existing and future parks, recreation and preserve areas, as well as acquisition priorities and action plans. Roadway Systems and Design Manual The recommendations in the Manual will be developed by using an evaluation methodology to compare the effect of alternative development patterns proposed. These may include ratio of jobs-to-housing, the daily needs and services provided within walking distance, the number of trips generated, alternative modes and roadway level of service. Transportation improvement recommendations will include network enhancement strategies, public access alternatives through gated communities, grade separated intersections, iljustrative pathway enhancements, streetscape, landscape, municipal signage, and bridges. Implementation Strategies The implementation section will include a marketing plan, land acquisition strategy, evaluation o£ the Comprehensive Plan and Land Development Code, funding sources and capital improvement recommendations. Dover, Kohl and Partners along with their sub consultants will be responsible for developing the Community Character and Design Master Plan and its various components as follows: Dover, Kohl and Partners: Team Leader, Land Use and Urban and Rural Design Component, Public Participation Component - Surveys, Community Workshops, Visioning Tools, Website, and Educational and Informational Materials AC~mD=.NDA FEB 2 2 Z000 Glatting, Jackson: Transportation and Land Use Component - Sidewalks, Bike Paths, Multi-use Trails, Roadways, Bridges, Streetscapes Glatting Jackson: Parks, and Open Space Component - Greenways, Wildlife Corridors, Neighborhood and Urban Parks, Historical and Cultural Amenities Communities by Design: Public Participation Component - Surveys, Community Image Survey, Community Workshops Spikowski Planning & Associates: Implementation Component of the Community Character and Design Master Plan FISCAL IMPACT: Funds in the amount of $250,000 were approved for the current fiscal year for the support of the Select Committee on Community Character and Design toward the development of a Community Character and Design Master Plan. The funds are available in the budget of the Comprehensive Planning Section as noted below. MSTD General Fund Comprehensive Planning Cost Center 111-138317-634999 (Other Contractual Services) $250,000 In addition, this project will require the approval of budget amendments in the amotmt of $150,000 for Dover, Kohl and Partners to perform services as outlined in the scope of work and the contract. Funds for these services are requested from the following: 1. MSTD General Fund $25,000 Comprehensive Planning Cost Center Fund 111 (Other Contractual Services) 2. Community Development Fund $37,500 Reserve for Contingencies 3. MSTD General Fund $87,500 Reserves for Contingencies GROWTH MANAGEMENT IMPACT:. None at this time. RECOMMENDATION: That the Board of County Commissioners authorize the Board Chairman to approve Project No 99-2976 and the budget amendments necessary for Dover, Kohl and Parmers in the amount of $150,000. FE3 2 2 2 JOll PREPARED BY: February 7, 2000 DATE REVIEWED BY: COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: B~DI-T-~TOR PLANNING SERVICES DEPARTMENT DATE BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE FEB 2 2 2000 SCHEDULE A Proposed Scope of Services PHASE I The Community Character Master Plan Project Task 1: Data Analysis & Resource Assessment This phase will include the review of all relevant information; a preliminary on-site analysis; initial meetings with county staff, the Select Committee on Community Character and Design, and other groups to be specified, and an initial press conference. Deliverables: A technical memorandum will summarize the research and analysis and address the suggested priorities and course for the remainder of the project. Sub-Tasks: 1.01 Review all relevant information. Members of the consultant team will review relevant information supplied by Collier County including, at a minimum, existing comprehensive plans and sector studies, the FoCuS Task Force Reports, land development regulations, existing master plans, MPO studies, and demographic information. Other information may include: · Roadway / Utility R.O.W. Maps · Vacant Lands Map · Future Land Use Map · Park Land & Facilities Map · Cultural & Archeological Sites Maps · Park Master & Management Plans · Sidewalk/Bikeway Systems Maps · School / YMCA / Comm. Center · Recreation Program Brochures · Department Budgets · Current Funding Sources · Current Partnerships · Restoration & Acquisition Projects · Affordable Housing Distribution · Staffing / Organizational Charts · Equipment Inventories · GIS Data / Autocad Files · Non-Public Providers · Current & Projected Demographics · Regulatory Codes · Parks & Recreation Surveys · Tax Maps · FDOT Plans · Vegetation & Land Use Data · Threatened & Endangered Species · Wetlands Data · Ownership Data The consultant will review the data and inform the client of any additional data needed to complete the study. 1.02 Compare and contrast the existing planning framework with the results of the FoCuS initiative. AC~-.NDA FEB 2 2 2000 The consultants will identify which FoCuS goals are relevant to this project and then compare those goals to the existing planning and regulatory framework of Collier County. 1.03 Community analysis. The consultants will become familiar with Collier County, analyzing the urban framework and Collier's natural, ecological, and historical amenities and transportation systems. The team will examine the needs of motorists, pedestrians, bicyclists, and future transit users. 1.04 Generate base maps. County staff will create the various base maps needed for the design charrette and master plan under direction of the consultant. Regional maps will be used for large scale planning; detailed aerials and plat maps will be used for selected areas. A countywide base map will be prepared by County staff that includes: · Future land use, · Ownership and property boundaries · Natural features (stream, rivers, wetlands, and lakes), · Existing and proposed roadways and bikeways, · Existing and proposed state, federal, and local conservation lands, · Existing and proposed schools and other civic buildings, · Existing and proposed greenways, parks, and recreation areas 1.05 Start-of-project meeting with staff& Select Committee. The consultants will discuss with and seek feedback from county staff and the Select Committee with regard to the goals and schedule of the Community Character and Design Master Plan. 1.06 Conduct interviews. The consultants will meet with and interview representatives of local civic and environmental groups and business organizations as deemed appropriate by county staff or the Select Committee. These interviews will allow early input from a variety of groups and begin to assess the impact that the Master Plan may have on different segments of the community. The consultants will also conduct interviews regarding greenspace needs and priorities. These may include: individual meetings with County Commissioners, on-site user interviews, interviews with other recreation providers, interviews with environmental groups, interviews with family, youth, and senior focus groups. The consultant will work with County staff to identify appropriate participants for the interview. County staff will make all interview arrangements. 1.07 Start-of-project press conference. FEB 2 2 2000 During the first trip to Collier County for the Start-of-Project Meeting and site analysis, the consultants will participate in a press conference to be presided over by the County Commission Chairman and/or other elected officials. Task 2: Public Participation & Community Image The Community Character Master Plan consists of three elements: 1) urban and rural design; 2) open space and environmental planning; and 3) transportation planning. Public input will be gathered and assimilated for all three during the Public Participation & Community Image phase of this process. The public participation phase includes a Community Image Survey and a major Community Design Charrette. The community image survey will serve to verify and augment the public participation results from the FoCuS initiative. County staff, the Select Committee and the design team will select four or five representative areas within Collier County to study in depth during the Design Charrette. These representative areas will be explored in depth and will be the basis for the settlement patterns, plans, and guidelines developed during Task 3. Deliverables: The community image survey will result in a digital catalogue of images of Collier County and corresponding community preference calculations. Results will be posted to the Community Image Survey Website. At the conclusion of the charrette, work-in-progress versions of a regional framework plan, five (5) settlement pattern types, and several three-dimensional representations of the areas will have been produced. Plans and renderings will be displayed in a work-in-progress presentation. Sub-Tasks: 2.01 Design the Community Image Survey. The consultant will create a site-specific Community Image Survey (CIS) to achieve visually oriented community input from a broad spectrum of Collier County residents. The CIS technique uses ranking and comparison of photographs or other images, allowing citizen participants to help direct the development and preservation outcomes to a greater extent than with words alone. The consultants will adapt this process to the Collier County project, making the CIS as interactive as possible. The Community Image Survey results will help identify and build consensus concerning the unique character of Collier County's urban and rural areas and the preferred future, and these results will be incorporated in the later Plan for maintaining that character. Kristen Paulsen will spend several days prior to the launch of the Survey taking unique photographs of Collier County to be used in the Survey. 2.02 Design the charrette format. FEEl 2 2 2000 The consultant will tailor a Design Charrette to obtain the best possible community input and resulting work products. The format will incorporate the findings of the initial site analysis, staff input, previous meetings, workshops, image survey, and interviews. County staff will coordinate logistics. The Charrette will focus on several specific locations within Collier County that are representative of, or will be representative of, settlement patterns throughout the county. At least one of the selected areas will address undeveloped areas of Collier County. The results of the Charrette will guide the creation of detailed conceptual plans of representative areas, the Greenspace Master Plan, Roadway Design Standards, and Implementation Plans. 2.03 Create focus groups. Prior to the Charrette, the County staff will assemble focus groups for parks and recreation, agricultural and environmental meetings with assistance from the consultant. These groups will represent a cross section of the County's population and will be used for decision making and planning options during Task 3. 2.04 Assist with citizen outreach / media. Prior to the Charrette, the County will launch an intensive media campaign, with direction from the consultant and Select Committee. This campaign will serve to educate the community about the Charrette process, about what to expect from the planning project, and about sustainable planning principles for architecture, transportation, and open space. The media campaign will utilize the Intemet and/or traditional media outlets. 2.05 Full team site visit. Several days prior to the beginning of the Charrette, the consultants will convene in Collier County for an intensive study tour of the site. The team will experience the county and its neighborhoods on foot, by bicycle, and by car. County staff will assist in arranging accommodations, access to sites and site information, as well as transportation by helicopter and boat. 2.06 Kick-off event. On an evening prior to the public Hands-on Session of the Charrette, the consultants, led by Kristen Paulsen, will conduct a Community Image Survey in a centralized location in Collier County. Kristen Paulsen will facilitate the Community Image Survey during the Kick-off Event and the results will be integral to the public hands-on session during the Charrette. Victor Dover, Walter Kulash, and David Barth will present principles of sustainable planning and outline the chan'ette process during the Kick-off Events. 2.07 Community design charrette. The hands-on portion of the Charrette will be divided into three separate sessions. First: Two events will be held in geographically separate locations of Collier County (such as Golden Gate Estates and Chokoloskee) prior to the countywide Hands-On Session. The County staff and select committee will collaborate with the consultants in choosing the best locations for such sessions. These sessions will be devoted to public involv{ mentA~-~xrOa FEB 2 2 2000 and will include a scaled-down variation of hands-on work. We will facilitate discussions on the techniques of traditional neighborhood design and the latest thinking on effective transportation and open space planning. Following the opening presentations and discussion, the participants will gather around tables to draw their important ideas. Participants at the two early hands-on sessions will be urged to attend the countywide event; the planning work will be explored at different scales, so it is not redundant to attend both events. Second: The countywide Hands-On Session will take place in a centralized location in Collier County. During the first part of the table sessions, the community can refine their study areas' boundaries, identify important issues, and discuss the fit of these subareas within the larger Collier County. Charrette participants will then continue to work on how they might like each specific design study area to change with future development, by describing the land uses, open spaces, transportation modes, and services for each area. At the end of the session, a spokesperson from each table will report the findings and major points to the entire assembly. Time will be devoted to the regional scale at all tables. Third: Following the Hands-On Session, the consultant will stay on-site in Collier County for a seven to ten days, refining ideas for the proposed plan through in-depth analysis of the current and future settlement patterns in each of the design study areas. The team will begin work at this time on compiling the information for the Master Plan document. Members of the staff, Select Committee, and the community will be encouraged to stop in throughout the week as new issues come to mind or to check on the project's status. During the Charrette, focus groups will also convene with the Consultants to discuss future land use, planning assumptions, and community desires with regard to open space acquisition strategies, environmental protection, and parks and recreation programs. The Community Image Survey and other methods of eliciting community response with regard to character and design will be in operation for the duration of the charrette. 2.08 Greenspace needs & priorities. During the charrette week, the team will utilize several techniques to determine community greenspace and waterfront needs. These include: Park Land Acquisition / Enhancement · Comparison to state/national standards · County-wide service area analysis · Demographic analysis · Analysis of existing parks and waterfronts Natural Lands Acquisition · Review of existing natural lands acquisition strategy FEB 2 2 2000 · Identification of target plant communities and fish and wildlife populations and associated habitat · Site analysis of prime upland and wetland habitat areas · Development of Natural Quality Indices that help identify sites with high biodiversity value · Identification of priority acquisition sites to fill the gaps of the natural lands system · Assessment of these linkages with respect to state/other county acquisition programs · Assessment of the ability to manage these systems after acquisition · Establishment of goals for sustaining biodiversity of representative natural systems Natural Lands Restoration · Identification of natural areas significantly altered from historic conditions · Site analysis of priority areas · Identification of restoration strategies · Determination of possible means of funding restoration efforts · Establish goals for maintaining biodiversity of individuals, populations, and systems 2.09 Greenspace Focus Group workshop. Towards the end of the week, the consultant will meet with key stakeholders (identified and invited by County staff) to brainstorm a vision for the County's future Greenspace System. The consultant will review the findings from their analysis, interviews, and needs assessment, and present alternatives for the Committee to consider. The consultant and County staffwill also determine whether a County-wide telephone survey will be necessary to build consensus regarding top priority community greenspace needs and desires. If so, the consultant will prepare the survey document and the County will contract directly with a market research firm (recommended by the team) to complete the survey. 2.10 "Work in progress" presentation. At the conclusion of the Charrette week, the consultant will present the work generated to date. Plans will be presented iljustrating the hypothetical build-out for several study areas. These model master plans will serve as examples to communicate scenarios of how urban, rural, and ecological areas can grow, be enhanced or be maintained while keeping the character for which they are known. Accompanying iljustrations will include "before and after" iljustrations that show possible futures. Attendance at this event is crucial. All participants should plan to attend this event. At a minimum, the elected officials, county staff, Select Committee, and other local planners and technicians should attend this presentation, along with interested members of the public. F'EI 2 2 2000 After concluding the charrette, the team will return to their offices and refine the plans and scenarios generated during the charrette and start compiling and writing the Community Character and Design Master Plan. Task 3: The Urban and Rural Design Plan Deliverables: The Urban and Rural Design Plan will refine and catalog the regional framework plan and the five (5) settlement patterns derived during the charrette. Special focus will be placed on alternative land use scenarios and application of the settlement patterns to the region. At least five (5) three dimensional renderings will depict the settlement patterns and regional plans. Diagrams and charts will be used to explain comparison studies and quantitative analysis. Final Urban and Rural Design Plan elements will be presented in a preliminary presentation and used as the foundation of the Master Plan Report. Sub-tasks: 3.01 Refine development scenarios. The development scenarios that were begun during the charrette will be further refined. The scenarios will iljustrate how the design study areas can change over time to reflect the community character goals. 3.02 A countywide framework. The development scenarios will be broadened to suggest desirable settlement patterns within Collier County. These settlement patterns will be placed in a regional (countywide) framework. Iljustrative alternative land use scenarios will iljustrate the differences between current regulations or common practice and proposed design solutions. Recommendations for future land use, design standards, review procedures, and so forth will evolve from this process. 3.03 Presentation of preliminary findings. The consultant will produce a presentation describing the preliminary findings for county staff and the Select Committee. This presentation will include the refined development scenarios, desirable settlement patterns, and initial recommendations on a regional framework. Preliminary findings may be used to guide the rural assessment processes already underway or otherwise planned through Phase II of this contract. Task4: Greenspace Planning Deliverables: The Draft Greenspace System Map will iljustrate existing and I proposed parks, natural lands, greenways, trails, and waterfront in a regional framework. The Draft Map will guide development of the Greenspaee Plan tobe~ included in the Master Plan Report. -~'~---~.~ FEB 2 2 2000 Sub-tasks: 4.01 Draf~ Greenspace System Map. A conceptual map will be created indicating the general location of existing and proposed parks, natural lands, greenways, trails, and open space. Recommendations for improvements to existing parks, land acquisition, shared use/co-locations will be included. 4.02 Consensus workshop. The consultant will meet one (1) time with the greenspace focus group and/or other stakeholders 4.03 Draft Greenspace Plan. A system wide plan including maps showing furore parks, recreation, and preserve areas, site plans, capital costs, ballpark operations and management costs, acquisition priorities and alternative strategies, and action plans, etc. Task 5: Transportation Planning Deliverables: A technical memorandum will summarize the transportation needs analysis and indicators. Recommendations for network enhancement, gated community alternatives, grade separated interchanges, ped/bike systems, and traffic calming will be addressed. Transportation planning will be summarized in the Master Plan Report. Sub-tasks: 5.01 Evaluate transportation needs based on development scenarios. The consultant will tailor an evaluation methodology to compare the alternative scenarios for developing or redeveloping neighborhoods. Indicators for livability will be used to compare the scenarios. The comparison will use standard and innovative indicators as Measures of Effectiveness (MOEs). Indicators used will include the ratio of jobs-to- housing within the community, the daily needs and services and types of uses within walking distance, schools within the neighborhoods, the number of trips generated outside each neighborhood, the usefulness of alternative modes of travel, vehicle miles traveled, and roadway level of service. Transportation needs to support the development scenarios will be also identified during this stage of the project. Such improvements might include; pedestrian, bicycle, and roadway network enhancements, increased transit service, and streetscape. 5.02 Recommend network enhancement strategies. Selected strategies will be recommended for inclusion in the county's capital improvements program and land development regulations to enhance the roadway network. No street connection will be recommended without a comprehensive trat ~-C AGENDA ITEM FEB 2 2 2000 calming strategy. Each improvement will be developed to improve mobility and ensure neighborhood safety and beautification. 5.03 Propose public access alternatives through gated communities. The consultant will review alternatives to gated communities, and present design standards for recent or new gated communities that incorporate right-of-way reservations to facilitate roadway and multi-use trail connections through these types of projects while maintaining the security of such development. 5.04 Plan and design for grade separated intersections. The consultant will evaluate the operational characteristics of congested Collier County intersections and will identify candidate intersections for grade separated improvement strategies, and provide advisory recommendations on how to mitigate negative impacts of such grade separated intersections. 5.05 Integrated, connected bicycle and pedestrian system. The consultant will review the 2020 Pathway Plan and provide Collier County with an iljustrative catalog of pathway facilities appropriate for Collier County and a mapped summary of existing and proposed bicycle/pedestrian facilities. 5.06 Review standards for streetscapes, median and road edge landscaping, signs, light fixtures and bridges. The consultant will make recommendations regarding existing streetscape, landscaping, and municipal signs. Design of guardrails, bridges, and other road elements will be evaluated. 5.07 Traffic calming in residential neighborhoods. The consultant will review the Neighborhood Traffic Management Plan and the County's current traffic calming program, and make recommendations to create a strategy for increasing local roadway connections. If necessary, criteria will be developed in this phase to identify candidate roadways for prioritizing traffic calming measures. Task 6: Community Character Master Plan Report The Master Plan Report will be comprised of six separate parts: 6.1) Introduction and Support Documentation; 6.2) Public Participation Summary; 6.3) Conceptual Urban & Rural Settlement Plan & Design Manual; 6.4) Greenspace Master Plan; 6.5) The Roadway Design Manual; 6. 6) Implementation Strategies Deliverables: The Community Character Master Plan Report will provide an extensive analysis and summary of ali planning efforts from Tasks 1-5. This report, the core deliverable under this contract, will be a wide-ranging, publication-quality manual for developing and maintaining the unique character of Collier County. Implementation focused recommendations will address the areas of urban/rural design, open space and ecological planning, and transportation planning. The report will be provided in both digital and paper -- formats suitable for reproduction. FEB 2 2 2000 Sub-tasks: 6.1 Support Documentation 6.1 a Gather support documentation from Collier County. Gather and synthesize existing support documentation from Collier County for inclusion as an appendix to the Master Plan. These documents include descriptions of planned improvements, descriptions, maps, master plans, architectural standards, etc. 6. lb Prepare an introductory summary. The consultant will prepare and introductory executive summary of the project, process, and results. 6.2 Public Participation Summary Produce a summary of the process used to identify the design study areas; summarize the most desirable patterns as identified by survey participants; summarize the methodology of the charrette process and the specific ideas derived from it. 6.3 Conceptual Urban & Rural Settlement Plan & Design Manual 6.3a Prepare executive summary. 6.3b Prepare conceptual countywide plan. The consultant will summarize and iljustrate an iljustrative long-range conceptual master plan. Comparisons will be drawn between desirable growth scenarios and growth scenarios under current legislation. Recommendations for future land use, locations for concentrated development, and location for agricultural and preserves will be made in this section, if appropriate. 6.3c Describe model settlement patterns. The consultant will summarize the four or five settlement patterns or development scenarios developed during the charrette. Recommendations will be made regarding how to apply the development scenarios on a countywide basis, including design standards, review procedure, etc. 6.3d Recommend changes to land development regulations and policies. The consultant will review the comprehensive plan and land development regulations and identify changes, as appropriate, to the land development code, as appropriate, regarding future development. 6.3e Create an Urban & Rural Design Manual. Specific design suggestions and recommendations will be made to foster the unique character of each specific area, using iljustrative examples. As appropriate, the recommendations might include: urban design guidelines specifying building plac ,~~~ FEB 2 2 2000 p~. 4'r'// and orientation and architectural standards specifying architectural conventions without implying style. 6.4 The Greenspace Master Plan The Greenspace Master Plan will include the following components: · Color executive smmnary vision, principles, and roles of agencies · Analysis of existing systems · Identification of recreation needs and priorities · Identification of resource preservation needs and priorities · Conceptual map of the proposed greenspace system · Land acquisition strategy · Operations, management, and staffing strategy · Recreation impact management guidelines · An "order of magnitude" estimate of future acquisition, development, renovation, and maintenance / operations costs · Action plan to implement the recommendations 6.5 The Roadway Design Manual The Manual will consolidate the charrette vision regarding roadway systems and corridor planning and will summarize and consolidate previously adopted standards. 6.5a Executive summary. 6.5b Network enhancement recommendations. Selected strategies will be recommended for inclusion in the County's capital improvements program and land development regulations to enhance the roadway network. 6.5c Access management standards. Review and make recommendations regarding County standards for cross access, rear access, driveway spacing, frontage roads, and shared parking. 6.5d Traffic calming recommendations. Specific recommendations will be made regarding the County's Neighborhood Traffic Management Program. Where necessary, alternate solutions will be iljustrated. 6.6 Implementation Strategies 6.6a Outline marketing strategy. Consultant will provide recommendations on how to package the concepts in the plan for wide publicity and propose sample techniques for sustainable economic development based upon the qualities and resources of the County. A~A FEB 2 2 2000 6.6b Recommendations on funding sources. Strategies will be proposed for funding major facets of the Master Plan through existing revenue sources, public/private initiatives, and a variety of grants. 6.6c Land acquisition strategy. Draft criteria for will be provided for public agencies to use in selecting and acquiring land for preservation. 6.6d Evaluation of the Comprehensive Plan and Land Development Code. The current comprehensive plan and land development regulations may discourage or prohibit some recommendations from the Master Plan. Such situations will be identified here. General recommendations to resolve these conflicts will be presented, along with more specific suggestions for amending the comprehensive plan. Necessary amendments would be refined, documented, and processed after completion of this project by Collier County staff, and/or through future services under Phase IV of this contract. 6.6e Capital improvement recommendations. Modifications will be suggested to Collier County's schedule of capital improvements to carry out recommendations of the Master Plan. Task 7: Presentation Of The Community Character Master Plan Deliverables: The Community Character Master Plan Report will be presented to the staff, select committee, community, and the Board of County Commissioners in a multimedia presentation. Members of the consultant team will be in attendance to answer questions and make recommendations. Sub-Tasks: 7.1 Presentation of the first draft of the Master Plan A presentation of the proposed Community Character and Design Master Plan will be made to county staff and the Select Committee. 7.2 Revise Master Plan The consultant will revise the plan based on comments from previous presentations and meetings and newly obtained knowledge. 7.3 Final public presentation The consultant will make a final presentation of the Community Character and Design Master Plan and its implementation to the Board of County Commissioners and in several community workshops. Task 8: Project Coordination FEB 2 2 2000 Deliverables: The Community Character Master Plan website will serve as a clearinghouse for project-specific information. Meeting agendas, community image surveys, drawings, and other relevant documents will be posted and maintained in a timely fashion for the duration of the projecL Progress will be chronicled through monthly reports detailing tasks completed and work to date. 8.1 Digital feedback At the commencement of the project, the consultant will create a digital clearinghouse for the dissemination of project specific information. The use of the World Wide Web will allow a constant flow of community input and can be utilized for ongoing community image surveys or digital questionnaires. 8.2 Project meetings The consultants will conduct or be present at project meetings as deemed necessary by the County. It is proposed that there be eight (8) project meetings between the Consultants and the Select Committee and/or County staff. Additional meetings will be considered additional services. 8.3 Changes to services Changes to services, timelines and/or allocation of resources as required shall be mutually agreed upon by the Consultant and the County Project Manager or their designee and attached as Change Orders. A ~-C.i~.N~A ITl; 2 2 200O SCHEDULE B - ATTACHMENT A Schedule of Fees for Basic Services 1. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work tasks as described in Attachment "A", as accepted and approved by the County Project Manager or their designee pursuant to the fee schedule included below in this agreement, together with the Travel Expenses as defined in this agreement. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". 1 .A Fee Schedule Task 1: Data Analysis & Resource Assessment Task 2: Public Participation Process Task 3: Urban / Rural Design Task 4: Greenspace Planning Task 5: Transportation Planning Task 6: Master Plan Report* Task 7: Presentation of Plan Task 8: Project Coordination $ 14,400. 154,600. 37,70O. 6,200. 36,600. 104,900. 14,700. 30,900. Total Fees 400,000. *A large portion of the urban / rural planning, greenspace planning, and transportation planning occur during Task 6. 1.B Travel Expenses Travel Expenses shall not exceed twenty five thousand dollars ($25,000.00) unless approved in advance in writing by the County. Travel expenses shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage: Breakfast: Lunch: Dinner: Air fare: Rental car: Lodging: $ .29 per mile $3.00 $6.00 $12.00 Actual ticket cost Actual rental cost Actual cost of lodging at single AGENDA ITEM FED 2 2 2000 Parking: Taxi or Airport Limousine: occupancy rate Actual cost of parking Actual cost of either taxi or airport Limousine Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. FE~3 2 2 2~00 SCHEDULE B - ATTACHMENT Consultant's Employee Hourly Rate Schedule B Dover, Kohl & Partners Principal or Town Planner 2nd Principal Project Manager, Renderers Design Specialists, Planners Clerical Staff Communities by Design Principal Spikowski Planning Associates Principal GlaRing, Jackson, et al. (Transportation) Principal Transportation Planner Project Director, Senior Graphics GlaRing, Jackson, et al. (Parks and Greenspace) Principal, Principal Ecologist Project Director, Senior Planner Planner, Ecologist, Graphic Artist Administrative $175. 135. 100. 85. 35. $ 50. $ 125. $175. 105. 85. $175. 105. 65. 40. AC-i~.NOA FT~v~" FEI~ 2 2 2000 Attachment C Additional Services Related to the Community Character Master Plan 1. Collier County may request Dover, Kohl & Partners and/or its sub consultants to provide additional services not specified in this scope during the duration of this contract. These services may include but not be limited to: · Review of services being provided by other consultants or by county staff on related subjects; · Provide additional planning services required of this project beyond those included specifically in this scope; · Organize or attend additional project meetings beyond those included in this scope; · Be present at additional public outreach events, Board of County Commission meeting and/or hearings other than those described in this scope of services. Dover, Kohl & Partners will assist the County as requested in explaining and interpreting the findings of the Corranunity Character Master Plan. Fees for such additional services and/or future phases as required, shall be negotiated and mutually agreed upon in writing by County Project Manager or their designee and Contractor. Further, each additional phase or phases; including, but not limited to those set forth below, shall he attached to this Agreement as individually identified Exhibits. Said Exhibits shall be fully a part of this Agreement and shall be incorporated herein by reference. PHASE II (FUTURE) The Rural and Agricultural Assessment In a future phase of this contract, Dover, Kohl & Partners may assist the County with preparation of the Rural and Agricultural Assessment per the fmal order of the Florida Department of Community Affairs. The detailed scope, fee schedule, and contract terms would be negotiated during Phase I of this project, after preliminary settlement patterns are identified and the County determines a uniform assessment process. PHASE III (FUTURE) Comprehensive Plan & Land Development Regulations The scope of Phase I, The Commumty Character Master Plan, does not include final drafting, documenting, processing, or defending changes to the Comprehensive Plan or Land Development Regulations. Nor does it include distillation of the Master Plan into a separate element of the Comprehensive Plan. Under Phase I, CONSULTANT and its sub consultants shall make specific recommendations regarding amendments to these documents but stopping short of the processes necessary to amend or create new sections of them. If at some time, the County wishes to engage CONSULTANT and/or its sub consultants for such additional services, a detailed scope and fee schedule will be negotiated separately as per Section 1, above. AOFr. J~A 2000 EXECUT'rVE SUMMARY REQUEST TO APPROVE COMMERCIAL CENTER" FOR RECORDINa THE FINAL PLAT OF "AUDUBON OBJECTIVE: To approve for recording the final plat of Audubon Commercial Center, a subdivision of lands located in Section 9, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Audubon Commercial Center". 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 "Audubon ~--Commercial Center" 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 aROWTH 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. FEB 2 2 2000 P,. / Executive Summary Audubon Commercial Center Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat Of "Audubon Commercial Center" with the following stipulations: 1. Authorize the recording of Commercial Center." the Final Plat of "Audubon PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager R°~e, AICP -- Planning Serv~ Department Director APPROVED/~ _ ~ ~ Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. Date Date Date Date "AGF~A ITEM FEB 2 2 20O0 ..I EXECUTiV~ SUI~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE FOUR", 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 "Island Walk Phase Four", a subdivision of lands located in Section 33, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Island Walk Phase Four". 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 dr Subdivision Improvements, shall be provided and accepted by the lanning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Island Walk Phase Four" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $1,641,236.87 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $758,706.02 - $915,054.05 The Security amount, equal to 110% of the project cost, is $1,805,360.56 FEB 2 2 2000 .Exedutive Summary Island Walk Phase Four 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: $31,806.05 Fees are based on a construction estimate of $1,641,236.87and were paid in December, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 893.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 3793.53 Drainage, Paving, Grading (.42% const, est.)-$ 3843.23 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $11380.59 Drainage, - $11895.70 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Island Walk Phase Four" for recording with the following stipulations: Approve the amount of $1,805,360.56 as performance security for the required improvements. o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office· AGENDA~TEM FEB 2 2 2000 Exec~t'ive Summary Island Walk Phase Four Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager z- q Date Date Rob~ere, AICP Planning Services Department Director APPROVED ¥: Vince~tero~ ~~t~ Administrator Community Development & Environmental Services Date Date j rh FEB 2 2 2000 ,,JT TO SCALE LOCAlqON MAP "~ "" A~"-A ~TEM F~B 22 2000 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA UNIT ONE", 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 "Mediterra Unit One", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Unit One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining ..--improvements, together with a Construction and Maintenance Agreement or Subdivision Improvements, shall be provided and accepted by the .lanning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Mediterra Unit One" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $2,490,567.54 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $1,246,814.57 - $1,243,752.97 The Security amount, equal to 110% of the project cost, is $2,739,624.29 A~A ITEM FEB 2 2 20O0 Executive Summary Mediterra Unit One 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: $46,841.00 Fees are based on a construction estimate of $2,490,567.54 and were paid in January, 2000. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)$ 512.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGeMeNT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 6,234.00 Drainage, Paving, Grading (.42% const, est- $ 5,224.00 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $18,702.00 Drainage, - $16,169.00 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 "Mediterra Unit One" for recording with the following stipulations: Approve the amount of $2,739,624.29 as performance security for the required improvements. Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. AGENDA ITEM FEB 2 2000 Executive Summary Mediterra Unit One Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Date Rob~P Planning Services Department Director APP~~Y: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date j rh FEB 2 2 2000 BEING A PART OF SECTIONS 11 RANGE 25 EAST, COLLIe. ARD THE PUBLIC PR ~,EFTZREIVCED ON THIS L TAXES DUE HAVE BEEN PAID. z, oc.4~'zoir ~,4P SEE ' F SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 100", 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 "Mediterra Parcel 100", a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 100" 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 ~'mprovements, together with a Construction and Maintenance Agreement 3r Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code Division 3.2.9. Engineering Review Section recommends that the "Mediterra Parcel 100" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $239,058.14 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 71,317.25 - $167,740.89 The Security amount, equal to 110% of the project cost, is $262,963.95 AGENDA ITEA4 FEB 2 2 2000 Executive Summary Mediterra Parcel 100 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: $4758.95 Fees are based on a construction estimate of $239,058.14 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 481.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGeMeNT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 356.59 Drainage, Paving, Grading (.42% const, est.)- $ 712.90 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 1069.76 Drainage, - $2138.70 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 "Mediterra Parcel 100" for recording with the following stipulations: Approve the amount of $262,963.95 as performance security for the required improvements. '2. Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted .by the Planning Services Director and the County Attorney's office. FEB 2 2 2000 Executive Summary Mediterra Parcel 100 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Engineering Review Manager Robert Planning Services Department Director APPROVED~ Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date Date Date j rh AGENDA ITEId FEB 22 2000 AGF. NDA ITEM LOCATION MAP FEB 2 _" ?900 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 101", 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 "Mediterra Parcel 101", a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 101". 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 .~±mprovements, together with a Construction and Maintenance Agreement 9r Subdivision Improvements, shall be provided and accepted by the _Jlanning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Mediterra Parcel 101" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $142,455.04 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 41,463.08 - $100,991.96 The Security amount, equal to 110% of the project cost, is $156,700.54 AGENDA. ITEld /&WJ II FEB 000 / _ Executive Summary Mediterra Parcel 101 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: $3015.14 Fees are based on a construction estimate of $142,455.04 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 469.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 207.32 Drainage, Paving, Grading (.42% const, est.)- $ 429.22 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 621.95 Drainage, - $1287.65 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Parcel 101" for recording with the following stipulations: Approve the amount of $156,700.54 as performance security for the required improvements. 2. Approve the standard form Construction Agreement, and and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. ACWJ~OAI~ FEB 2 2 2000 .... Executive Summary Mediterra ~Parcel 101 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Ro , AICP Planning Services Department Director APPROVE~ BY: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date Date Date j rh LOCATION MAP AGENDA FEB ~" 20OO EXECUTIVE S UI~,',ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 102", 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 "Mediterra Parcel 102", a subdivision of lands located in Section 12, Township 48 South, Range 25 East, Collier County, Plorida, following the alternative procedure for approval of subdivision plats. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Mediterra Parcel 102" 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 -~mprovements, together with a Construction and Maintenance Agreement )r Subdivision Improvements, shall be provided and accepted by the ~lanning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Mediterra Parcel 102" be approved for recording. final plat of FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $176,735.66 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 52,853.55 - $123,882.11 The Security amount, equal to 110% of the project cost, is $194,409.23 E~ecutive Summary Mediterra Parcel 102 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: $3644.07 Fees are based on a construction estimate of $176,735.66 and were paid in November, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 481.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 264.27 Drainage, Paving, Grading (.42% const, est.)- $ 526.50 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 792.80 Drainage, - $1579.50 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 "Mediterra Parcel 102" for recording with the following stipulations: Approve the amount of $194,409.23 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 the required improvements have received preliminary acceptance. b. That the plat not be-recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. FEB 2 2001 Executiv~ Summary Mediterra Parcel 102 Page 3 PREPARED BY: Jo-~hn' R o Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Engineering Review Manager Date Date Ro~e~t Mulhere, AICP Planning Services Department Director APPROVe: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date j rh AGENDA ITEIvl FEB 2 2 2000 LOCATION MAP AGENOA I1EM FEB 2 2 2000 EXECUTIVE SUMMARY REQUEST THE BOARD TO AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATIONS AND APPLICABLE DOCUMENTS. OBJECTIVE: To authorize the Chairman of the BCC to execute the attached grant applications and applicable documents. CONSIDERATION: Federal Transit Administration funds which are to be used for the purchase of vehicles and for the provision of transportation services to the elderly or rural residents of Collier County are made available to the county each year through an application process administered by the FDOT. The Local Coordinating Board has requested that the Collier County BCC submit applications for these funds to purchase vehicles and for the provision of transportation services to the elderly or rural residents of Collier County. As a non-profit entity, the BCC is eligible to file the grant applications and to undertake a non- urbanized public transportation service. FISCAL IMPACT: This Executive Summary generates no Fiscal impact GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute the attached Federal Transit Administration Grant applications and other applicable documents. PREPARED BY: REVIEWED BY: Date: David P. ,Hope, Publi,c Transportation Manager . Date:~ [ ~)--~9~ Gavin Jones, Tran~ortatio~ Planning Manager REVIEWED BY: APPROVED BY: irector ,,,~laz~ning Services ~ ,.//? d-~ Date: ',~."-'ff/"-C'~-& Vincent A. Cautero, AICP, Administrator Community Development and Environmental Services (f COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 North Horseshoe Drive Naples, Florida 34104 (941) 403.-2400 Fax (941) 643~6968 E-Mail: Collier mpo@colliergov, net BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL CITY OF MARCO ISLAND FLORIDA DEPARTMENT OF TRANSPORTATION February 1,2000 Mr. John Starling Manager, Public Transportation Florida Department of Transportation P. B. Box 1249 Bartow, FL 33830-1249 Re: Transmittal of Federal Transit Administration (FTA) 5311 Grant Application Dear Mr. Starling, Enclosed please find one original and three (3) copies of Collier County's application for grants of $112,000, $100,600 and $53,958 in federal assistance through the FTA 5311 program. Funds from these grants will be used to provide rural transportation for the general public in Collier County. Our grant package includes a draft Resolution, and the unsigned Form 424 and Certification of Equivalent Service. These documents will be signed after the Februaw 22, 2000 Collier County Board of County Commissioners meeting and then transmitted to your office. Thank you for your assistance in this matter. David P. Hope Public Transportation Manager enclosures cc; Gavin Jones, Transportation Planning Manager Robert Mulhere, AICP, Planning Services Director COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 North Horseshoe Drive Naples, Florida 34104 (941) 403-240O Fax (941) 643-6968 E-Mail. Colliermpo~colliergov net BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL January 28, 2000 Ms. Nichole Gwinnett Intergovernmental Coordination and Review, (lC&R) Southwest Florida Regional Planning Council P. B. Box 3455 North Fort Myers, FL 33918-3455 Re: Transmittal of Federal Transit Administration (FTA) FTA 5311 Grant Application for Intergovernmental Coordination and Review, (lC&R) Dear Ms. Gwinnett: CiTY OF MARCO ISLAND FLORIDA DEPARTMENT OF TRANSPORTATION Enclosed please find one cop>' of Collier County's application for a grant of $226,558 in federal assistance through the FTA 5311 program. Please conduct the Intergovernmental Coordination and Rcview, (IC&R), and send a cop), of your response to Mr. John Starling; Manager, Public Transportation; Florida Department of Transportation; P.O. Box 1249; Barrow, Florida 33830-1249. Thank you for your assistance in this matter. Sincerely, David P. Hopc Public Transportation Manager enclosures cc: Gavin Jones, Transportation Planning Manager Robert Mulhere, AICP, Planning Services Director Collier County Board of County Commissioners FY 2000/2001 Federal Transit Administration (FTA) 49 U.S.C. Section 5311 Grant Application for Collier County Community Transportation FEBRUARY 2000 COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 North Horseshoe Drive Naples, Florida 34104 (941) 403-2400 Fax (941) 64..3-6968 E-Mail: Colliermpo@colliergov. net BOARD OF COUNTY COMMISSIONERS NAPLES CITY' COUNCIL CITY OF MARCO ISLAND FLORIDA DEPARTMENT OF TRANSPORTATION February 1, 2000 Mr. John Starling Manager, Public Transportation Florida Department of Transportation P. B, Box 1249 Barrow, FL 33830-1249 Re: Transmittal of Federal Transit Administration (FTA) 5310 Grant Application Dear Mr. Starling, Enclosed please find one original and three (3) copies of Collier County's application for a grant of $220,800 in federal assistance through the FTA 5310 program for the purchase of six (6) replacement paratransit vehicles. Our grant package includes a draft Resolution, and the unsigned Fom~ 424 and Certification of Equivalent Service. These documents will be sigmed after the February 22, 2000 Collier County Board of County' Commissioners meeting and then transmitted to your office. Thank you for your assistance in this matter. Sin,?rely5 ,,,-) f' David P. Hope Public Transportation Manager enclosures cc: Gavin Jones, Transportation Planning Manager Robert Mulhere, AICP, Planning Services Director COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 Nodh Horseshoe Drive Naples, Florida 34104 (941) 403-2400 Fax (941) 643-6968 E-Mail: Collier mpo ~colliergov.net BOARD OF COUNTY COMMISSIONERS NAPLES CITY COUNCIL CITY OF MARCO ISLAND FLORIDA DEPARTMENT OF TRANSPORTATION January 28, 2000 Ms. Nichole Gwinnett Intergovernmental Coordination and Review, (lC&R) Southwest Florida Regional Planning Council P. B. Box 3455 Nmlh Fort Myers, FL o_ 918-3455 Re: Transmittal of Federal Transit Administration (FTA) 5310 Grant Application for Intergovernmental Coordination and Reviexv, (IC&R) Dear Ms. Gwilmett: Enclosed please find one copy of Collier County's application for a grant of $220,S00 in £cdcral assistance through the FTA 5310 program for the purchase of six (6) replacemen! paratransit vehicles. Please conducl the hdergovemnmntal Coordination and Review, (lC&R), and send a copy of your response to Mr. John Starling; Manager, Public Transporlation; Florida Department of Transportalion; P.O. Box 1249; Barrow, Florida 33830-1249. Thank you for your assistance in this matter. Sincerely, ,,.~. /." David P. ltope Public Transportation Manager enclosures cc: Gavin Jones, Transportation Planning Manager Robert Mulhcre, A1CP, Planning Services Director Collier County Board of County Commissioners FY 2000/2001 Federal Transit Administration (FTA) 49 U.S.C. Section 5310 Capital Grant Application for Collier County Conm~unity Transportation FEBRUARY 2000 AP'-"CATION FOR: z DATE SUBMII-rED Applicant Identifier FL ~AL ASSISTANCE :1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Preapplicafion DConstruction r-~ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier '" D Non-Construction D Non-Construction ~, APPLICANT INFORMA T/ON !Legal Name Collier County Board of County Commissioners OrganizationalUnit Address (give city, county, state and zip code) Name and telephone number of person to be contacted on matters involving 2800 North Horseshoe Drive this application (give area code) !Naples, FI 34104 David P. Hope, Public Transportation Manager (941) 403-2378 L EMPLOYE~. IDENT]~CATION NUMBEE (E~N) 7, TYPE OF APPLICANT (enter app~p~ate lel~er in box) r'~ B. Cour~y I Stale commll~l Institute of Hi~-r [zaming C. Mun~:ipal 1. Private University [~ [] ~ D. Township K Indian Tribe F. [n~ermunicipal M. prcrfi! Organization If R~vi-;ior~, enter appropriate I~ter(s) m box(s). O Special Dlstr~c~ N Other (Specify) -- ~., ~ Award B, Decre. as~ Av, ard C. lncr~ Duration D. Dec:ease Dumion O~,cr (Specify) 9. NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRA TION CE NUMBER vehicles. 12 AREAS AJ:FECTED BY pROJ'ECT (citi~. coumics. ~c~, ~c ) Requested Federal funds this Grant $220,800. Collier County, Florida 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF St. an Da~e Ending Date a. Applicant ]b. Project /20001 0~/30/200 ~ 14] 14 07/0 I~. ~s'n~^~ FU~[N~ ~6 ts ~uc^'no~ stms~c'r ~ ~,aw, v ~v ST^~ ~Ectmv~ O~OEU ~2~7: ~OC~S? ,. ,,~r~ $ 220,800 , yes THIS PP.F-M~PUCAT1ON, APP[JCAT]ON WA5 MADE AVAILABLE TO THE u. A~olicant $ STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON ~. sat, $ 27,600 Dat~: e. Othe~ [~ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR f. Pro,ram Income 17. IS 'I'HE APPUCANT D~NQUENT ON ANY FE~E.~J~L DE:~T? $ 276 TOTAL 18. mc THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. T3~~d Name et' Audx)rized I~presenladvc lb. Tide c, Telephone number Timothy J. Constantine [Chairman, BCC (941) 403-2400 d. Sigl~'"'"~f Aulhodzed P, epresemadvc e. Date Signed DWIGHT E. BROCK, CLERK Authorized for Local Reproduction 17 OPERATING and ADMINISTRATIVE EXPENSES (5310) Name of Applicant Organization: Collier County Board of County Commissioners Date Completed 01/26/2000 TOTAL EXPENSE ELIGIBLE EXPENSES (All Applicants) (5311 &5311(0 Applicants) Labor (501 ) Fringe and Benefits (502) Services (503) Materials and Supplies (504) Vehicle Maintenance (504.01) Vehicle Purchase (504.01) Utilities (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) $ 1,574,954 $ 266,5.~ Miscellaneous (Mgt. Fee) (509) $ 234,818 ,Leases and Rentals (512) Depreciation (513) Totals $ 1,809,772 $ 266,558.00 SECTION 5310 Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) $ 556,613.60 (a) $ 23,497.60 (b) $ 266,558.00 (c) Section 5311 Request (no more than 50% of the Deficit) GRAND TOTAL REVENUES $ 1,809,772.00 (e) (from Operating and Administrative Revenue form) Note: If Grand Total Revenues (e) exceeds Total Expenses (a), reduce Section 5311 (d) request (d) by that amount. $ 266,558.00 (d) OPERATING and ADMINISTRATIVE REVENUE (Section 5310) '--" Name of Applicant Organization:Collier Coun .ty Board of County. Commissioners Date Completed 01/26/2000 REVENUE USED OPERATING REVENUES TOTAL REVENUE AS FTA MATCH (All Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services ro~- $ 131,326 ro~, ~u~=(bt $ 42,080 Special Transit Fares (402) $ ~51,218 School Bus Service Revenue (403) Freight Tarriffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation revenues (407.) Total Operating Revenues $ 882,544 $ - OTHER REVENUES "axes Levied directly by Transit System (408) Local Cash Grants and Reimb. (County) (TD) (409) $ 35,828 Local Cash Grants and Reimb. (County) (5311) (409) $ 266,558 Local Special Fare Assistance (410) State Cash Cash Grants and Reimb. (TDC) (411) $ 358,284 State Cash Cash Grants and Reimb. (5310) (411) state Special Fare Assistance (412) Federal Cash Grants and Reimb. (5311) (413) $ 266,558 Interest Income (414) Contributed Services (430) Contributed Cash (431)' Subsidy from Other Sectors of Operations (440)"' Total of Other Revenues $ 927,228 $ SRAND TOTAL REVENUES $ 1,809,772 $ FY 2000-2001 Grant application, 5310 EXHIBIT A: Current System Description: FTA - 5310 On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of Count3, Commissioners be named the CTC on an interim basis and reconunended that the day to day coordination activities be carrier out by intelitran. This arrangement was approved by the County on April 2, 1999, and approved by the Commission for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the County be designated the CTC on a p~rmanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recormnended to serve as the management entity on June 22, 1999. The County directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the Collier County Board of County Connnissioners voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Prior CTC's had applied for grants to provide service. They proposed starting with a "Circulator" in Innnokalee composed of two 'loops' running on an hourly schedule, with one vehicle, and a "Shuttle" from Immokalee to Naples, running from Immokalee every two hours with one vehicle. The Circulator and the Shuttle were designed to intersect at the Public Library in Immokalee. Later, a pilot project was proposed to provide some services in Golden Gate as an offshoot of the Shuttle. Presently, txvo grants are in place and are available to fund general public transportation services. These are WPI1812995 for $47,016.59 and FM 204783 for $76,900. Funds from these Grants will be used to provide advance reservation demand response services to the general public, in targeted rural areas of Collier County at a trip rate during the remainder of FY 1999/2000. Additionally, some portion of funding from FM204786 ($100,600) will be used to transition from a trip reimbursement rate to an hourly rate as ridership increases. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 94,000 one way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, intelitran. Service is provided by carriers under contract to intelitran using vehicles owned by the county. Currently, the provider operates 14 rbutes and provides back up service with additional vehicles. Sponsored, non-sponsored and general public passengers make up 57.23%, 28.49% and 14.28% of the riders in the system Safety is a primary concern of all transportation entities. The latest Collier County SSPP, provided by intelitran, was adopted by the LCB on September 9, 1999 (copy attached). Our current vehicle inventory is supplied elsewhere in this grant application. As can be seen, many of the vehicles presently in the Collier TD Fleet have high mileage on them. The CTC would like to be able to replace six vehicles. CAPITAL REQUEST VEHICLE REQUEST Number Sources of Funding Estimated FTA GMIS Code Of Requested Options 5310 5311(0 Either Cost Vehicles 11.12.15 6 Raised roof, lift x $ 276,000 11. 11. VEHICLE SUBTOTAL 276,000 OTHER CAPITAL REQUEST Sources of Funding Estimated FTA GMIS Code Quantity Brief Description 5310 5311(f) Either Cost 11. 11. 11. OTHER CAPITALSUBTOTAL VEHICLE SUBTOTAL $ 276,000 × 80% ---- Federal Request $ 220,800 OTHER CAPITAL SUBTOTALS 0 =$ 276,000 ReqUired for Section 5310 EXHIBIT A-1 DATA INFORMATION FACT SHEET PART 1 - For Section 5310 Applicants Only Type of Service Number of one-way passenger trips provided to elderly and persons With disabilities (E&D):** Year 2 Number of individual E&D persons Served: (Unduplicated):* Year 3 Number of individual E&D persons served requiring wheelchair: Year positions* 4 Number of vehicles used for this service: 5 Number of ambulatory seats: Number of wheelchair positions: 7 Annual vehicle miles traveled: 8 Normal vehicle hours in operations per day: 9 Normal number of days in operation per week: 10 Average trip length: Urban 37,364 900 2,840 12 165 22 312,364 14 6 8.36 Rural 17,583 424 1,336 6 78 10 146,995 14 6 8.36 * Estimates are acceptable ** See page 50 for definition of one-way passenger trip. I st Time Applicants Total 54,947 1,324 4,176 18 243 32 459,359 14 6 8.36 EXHIBIT B: Proposed Project Description: FTA -5310 EXHIBIT B: Proposed Project Description: The Collier County Board of County Commissioners is requesting FTA Section 5310 funds in the amount of $220,800. Funds from this grant will be used to purchase vehicles to continue services provided through other grants. These and other vehicles will be used to provide a new Circulator in Immokalee, and a Shuttle from Immokalee to Naples, as xvell as to support some current demand-response services in these other parts of the county. The vehicles will be leased to providers under contract. Maintenance of these vehiclds is the responsibility of the provider and is described in the System Safety Program Plan (SSPP). Maps and Brochures describing the Circulator and the Shuttle will be developed and distributed prior to the phase in period. A Budget is provided elsewhere in the grant application Required for: Section 5310 Exhibit PUBLIC NOTICE The FTA grant application for Section 5310 and 5311 will be on the agenda of the Collier County Local Coordinating Board (LCB) for their February 16, 2000 meeting. This meeting is open to the public. Additionally, the required Notice of Public Hearing for 5310 applications was published in the Naples Daily News on Wednesday, January 26, 2000. I]5 NOTICE OF ~NISTRATION THIRTY DAYS 1 THE DAll~ OF CE OF A COPY OF K)TIr--E ON THEA/L creditors ol tt~e .-nt and other per- against Oece- al ~iS notice is wHhin lhree m ~er ~e ~e at alice mu~ file ~ w~ this C~ E~ ~ONTHS OF THIS NOTICE THIRTY D&YS ~ TH~ DAT~ ~C~ OF ~ COPY ~ceaenl md ~ ~nt's ~e WITHIN THREE ~HS AF~ E OF THE FIRST '~ ~TION OF ~S ]LAIMS. t~OT SO FILED ~ BE FOREVER RED. ~e d~e of 1he ~rst ionian of lh~s Notice [N. 26, 2000. P~icio Stomev ~ E~Jew Drive i~ 33462 F~NEY FOR (AL REPRE~NTA- E RKIER & MONCHI~, ~ ~- Aus~olia~ Ave., ~A' ~ Palm fi~ 33409 ~hone: (~1) 683- 6~0 tsJ Michel J. - ~oel J. Monchick ~ 26, Feb_ 2 No_ 15494~ J7 REQUEST FOR BIO ~CITY Of NAPLES I'UBL1C INVITATION TO BID Cib/ o1' Nc~)les is ~n9 sealed bids tc~ SUBMERSIBLE V~LL PUMPS ~ID NUMBER ~0-35 ]90 P.m., Local ~e, FEBRUARY 10, ~ which ~me and o~1 bid~, will b~ pub- 0119 NOTICE REAU OF WORKFC~CE PROGRAM SUPPORT - P.O. ~.OX 1~69 - Tallo- hosge~, ~L 3230T JOFL ~ Jori. 2~, ~S, 26 O120 OF M~NG NotJce of Public He-or mg Cedar Hom.n~ock Community Development Dis~rid The P. oc~-d at Super~l- sacs al the Ceck~ H~n- F~ru~v 14. 2000 ~ ~ive ~ife 300 ~opfes Florida, f~ he p~ose off lion o~ ~e bo~)el(~) [o~ ties for Fiscal ve~ 2000.- oho ~ledions rel~ive to 0120.0 CE 0F MEFIIRG and [~incipol mid inter- h'id. The Di~rid may also fu~ v~i~s' t~ili- he o~m~s of ~e Di~id Manor, Corol Springs, Fl~ido, during no~mel Nd wdl also consi~ f~e it. The meeting .t (954} 753-0380 ~ I~st to ~e mee~9. cldes 1o ~p~l any deci- ~i~ mode by ihe B~d of ~e p[~ings and 0120 ]T1CEOF ~' 0120.0 0 MEEl~G ME.lNG AGI~NDA t~IAPLES COMMUNITY k~EDEVELOPMENT ~GENCY City Council Chomber 735 Eiqhlh S~Tee~ ~,u~h. Naples, Fl0rid~ 1st QUARTE~REGULAR MEETING t~ONDA~: JANUARY 31, 20~ ~0:00 A_~_ lot impolitely tallowing Ci~ Council Worksho~ Meeting) NO~: THIS MEETING WAS RESCHEDUL~ FROg JANUARY Any inform~ion ~Och is mee~ng on Hems hsled below o~i~e ol 1be Ci~ Clerk. R~m B, Coltier Courtly Public Library Cen~ol Avenue. S~ als0 Ci~ h~://~.nop e~nel/~vern/ci~/indemhlm or lhe Ci~ Cle~'s O~ce~ ~-470~ All ~lte~ audiovis- ual and o~er m~eriols presented to lhe Ci~ Council during ~is meeling w~ll b~ome 1he prope~ City al No~les and ~ill be re~omed by lhe Ci~ Cle~. 1. Roll Coil 2. Items 1o be added 3. AD,oval Of 4. Redevelopment Up~e Co~e~ondence and Adjourn NOTICE Formal o~i~n mo~ be l~en on any item discussed o~ 1o this agent. A~y person who d~ides P~I any decision mode b~ ~he Ci~ Council 5P~ to any m~er considered ~ ~is ~eting (or _ .~o ME~ltB NOTIC~ OF PUBLIC F~:.ARIN g All interested DORies wi~in Collier County hereby odvi'*ed th~ The C~li~ Counb Nd of C~ Commissi~m is ~plyJng ~o .~e Flori~ D~en~ of t~ t~ o (~it~ ~ant and~ ~ion 5310, O~/ ~ ~dion ~3 i I of red.at, l~a~it Ad of 1~I. ~ amendS, for ~e ~tJipp(~ m~fsect VO~S Cmmfv. The estim~ed beCween $3e ,000 and A Public H~ring has ruory ~, 2~, 9~0 a.m. Environmental Bu{Idin~. 28~ N. H~Se- repre~n~ o duplic~i~ concluded i~ and ~Iv if heorin9 is receiv~ R~ues~ ~ o h~in9 ~ovid P, H~e, Public Collier Coan~ Ion Plonnin9 Or~nizo- tion Development Se~[ces Center, 2800 N~ ~es~ Drive, N~les. FI ~104 and 5f~lin~, Public Trons- ~i~ M~er Fl~i- do Deportment ol Tron~on - Dis~id ODe, P.O. 8ox 1249, 801 ~ow. FL 3~30~1249. ~y: /S/ ~VJd P_ N~d P. H~e 1110 rE S0 L ALONE? .Sen ~x:~-s Bureou~ RESPECTED since I~ A~ 1~00-~22- ~ [2~ hauls) A Ptr~t C~ci~ge Errands, homesiHing, ef~ 7 ~ Lictor. $~12785 IRIS 774~712 ~MA~16759 4~-8731 ~ ~ELAX IN PA~ADI~ ~ oho Eveninq5 ~MA169~ ~ul, 269-1181 A ~OPICAL TOUCH (Po~r Yourselh ~MA3~]6 Coil 596-5340 Complete B~y Massage OlNA ~MA0016902 ~MA~2~ 12 ~69-4837 GERMAN LMT - Ch~isb~ ~M~239~ 450-6~3 HILOY LMT Home/Office ~A0024~51 641 ItOPE NADA Whole %culp~urmg. Germon ~eokinq. ~867 IRIDOLOGY Colon HYCO. Dr. J~n ~efJr~ J~U~Y ~ECIAL MA001BTS9 591-9S16 ~AGE/HgLING H~e~olel. 352-1BB9 Pouhne ~ MANAGE BY BR~N Hmelo[~ce. MC/VISA 272-55~ Lic. t~279~6 MASSAGE BY DAVID ~elox De-s~ess. M~ 3~0~9 ~773~ ~A~ BY LINDA ~ess r elie~, relox~n_ ~A~27425 ~-3123 P~OFESSIONAL Mm~ge. Je~ De~lvo 370~17~. ~ 1~2 ~3. S~AH Off Bib Ave.s. _ ~MA~0 ~9-7~ ' Holily I~ Ex~es~ Now Hiring 3-ilPM Required for: Section 5310 Section 5311 Exhibit D Coordination The Collier County Board of County Commissioners is the Community Transportation Coordinator (CTC) for Collier County. Required for: Section 5310 Section 5311 Exhibit E Single Audit Act A copy of The Collier County audit is included as Exhibit E. Required for: Section 5310 Section 5311 Exhibit G Certifications and Assurances 58278 Federal Register/Vol. 64. No. 208/Thursday. October 28. 1999/Notices Appendix A FEDERAL FY 2000 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE The Applicant agrees to comply with applicable requirements of Categories I - X¥. (The Applicant.may make this selection in lieu of individual selections below. OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: II. III. IV. V. VI. VII. Certifications and Assurances Required of Each Applicant. Lobbying Certification Certification Pertaining to Effects on Private Mass Transportation Companies ... Public Hearing Certification for a Project with Substantial Impacts Certification for the Purchase of Rolling Stock Bus Testing Certification. Charter Service Agreement. VIII. School Transportation Agreement. Certification for Demand Responsive Service Substance Abuse Certifications IX. X. XI. XII. XIII. XIV. XV. Certification Required for Interest and Other Financing Costs Certifications and Assurances for the Urbanized Area Formula Program, and the Job Access and Reverse Commute Program Certifications and Assurances for the Elderly and Persons with Disabilities Program Certifications and Assurances for the Nonurbanized Area Formula Program Certifications and Assurances for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must b~ appropriately completed and signed where indicated.) Federal Register/Vol. 64, No. 208/Thursday. October 28. 1999/Notices 58279 Appendix A FEDERAL FISCAL YEAR 2000 FTA CERTIFICATIONS AND ASSURANCES (Required of ali Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Narae of Applicant: Name and Relationship of Authorized Representative: BY SIGNING BELOW I, '-' (name), on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2000. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as requked, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2000. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq:, as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, 1 declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalfofthe Applicant are true and correct. Signature Date: Samc Authorized Representative of Applicant AFFIRlVlATION OF APPLICANT'S ATTORNEY ATTEST: DWIGHT E, BROCK, CLER~ for (Name of Applicant) ...... ~ - .... As the undersigned legal counsel for the above named Applicant, I hereby afl.mn to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware ofcircumstances that change the accuracy of the foregoing statements, I will notify the~mptly, which may so inform FTA. Signature f ~ % ,.~~ Date: Applicant's Attomey / Each Applicant for FYA financial ~ssistance (except 49 U.S.C. 5'312(b) m~sistance) and each FTA Grante~ with an active capital or fonmula project mu~t provide an Anomcy's affirmation of the Applicant's legal cacacity. The Applica,'~t may enter it~ PIN number in lieu of the electronic signature of its Anomcy, provided the Applicant has on file this Affirmation of iu Attorney in writing daled this Federal fiscal year. t,~--,~) A roved m & lo M su~i'ieioncff ,- [FR Doc. 99-27925 Filed 10-27-9g; 8:45 am] Aaaiat. a~ County K~torney CERTIFICATION OF EQUIVALENT SERVICE IThe Collier County Board of County Commissioners certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety is provided in the most integrated setting feasible and is equivalent with respect to: (1) Response time; (2) Fares; (3) Geographic service area; (4) Hours and days of service; (5) Restrictions on trip purpose (6) Availability of information and reservation capability; and (7) Constraints on capacity or service availability. In accordance with 49CFR Part 37, public entities operating demand responsive systems for the general public which receive financial assistance under 49 U.S.C. 5310 and 5311 of the Federal Transit Administration (FTA) funds must file this certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving FTA funds shall also file the certification with the appropriate state office program. Such public entities receiving FTA funds under any other section of the FTA programs must file the certification with the appropriate FTA regional office. This certification is valid for no longer than one year from its date of filing. Executed this 28th day No inaccessible vehicles will be purchased with these funds. ITimothy J. Constantine, Chairman, BCC (name and title of chief executive officer) D~IGHT F.. BROCK, CLERK (signature of chief executive officer) A pp~~~ & legal ,uf~ AasLstatnt County At~y Checklist for Application Completeness: Section 5310 Name of Applicant: Collier County Board of County Commissioners The following must be included in Section 5310 grant applications in the following order: YES YES YES YES YES YES YES YES YES NA YES YES NA YES Application for federal Assistance (Form 424, Code 20.513). Operatin9 and Administrative Expenses Form. Operatin9 and Administrative Revenue Form. Current Vehicle and Other Transportation Equipment Inventory Form. Capital Request Form. Exhibit A: Current System Description. Exhibit A-!: Data Information Fact Sheet. Exhibit B: Proposed Project Description. Exhibit C: Public Hearing Exhibit D: Coordination Contract. Exhibit E: Single Audit Act, and a copy of the latest completed audit, unless already on file in the District Office. Exhibit (3: FTA Circular Year 2000 Certifications and Assurances. Certification of Equivalent Service (if non-accessible vehicles are requested) Have copies of this application been submitted to the local clearinghouse agency? Date submitted to local Clearinghouse: 0112812000 DATE SUBMITTED App,Cant Identifier APPLICATION FOR ERAL ASSISTANCE I~. ,'¢PE OF SUBMISSION: Ap )lication [ "l Construction I ~] NomConstJ"UCtion IS. AP~UCANT ,NFORM~ TfON PreapCicafion E] Construction -"]Non-Construction 3, DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY State Ap¢ica'don Identifier Identifier Leg~ Name Collier County Board of County Commissioners o~.~z~a/un# Address (give city, county, state and zip code) :2800 North Horseshoe Ddve ;Naples, FI 34104 EMPLOYE~ [D~CATION NUMBE~ 5 9 6 0 0 0 5 5 8 D. De=~ Dumtmn Ot~er ISpecify. ) 10 CATALO~ OF FEDERAL DOMESTIC r $kNCE NUMBER IT1F TITLE ~ T~n$it A~mi~.~Y~O~l Sec~on 53'1f ~ 12 ~ AF'FEC'TE~ BY PROJECT ¢cltl~,, co~m~, st;u, es, crc) Collier County, Florida 13. PROPOSED PROJECT 114. CONGRESSIONAL San Daze Endu~ Date [ 07t01/20001 06/30/20011 DISTRICTS OF Name and telephone number of pe~on to De contacted on matt~m involving mis apl~ical~n (gn, e ama c~xte) David P. Hope, Public Transportation Manager (941) 403-2378 [5 F~TIMATED FUNDING 9. NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRA T/ON 11 DESCRIP""r~vE TITLE OF APPLICANTS PRO/ECT To continue Rural transit and paratransit service in Collier County. l b. P, roj¢ct 14 14 J6. I$ APPIJCA~ION SU~F. CT 3T) REVIEW I~y STATE EX'~L"UTI'v'E ORDEA 1.2372 PRO(~S° a, Fed~ ~al $ 266,558 Stat~ u ~_~ $ 266,558 TOT ~. a YES T~DS PR.E. APpIjCA~ON. APPLJCATION WAS MADE AVAIL.A~LE TO THE STATE EXECUT~'E ORDER 12372 PROCESS FOR REVIEW ON Da~: 01/'28/2000 NO r"-~ PROG{ud~ 15 NOT CO1,"~},ED BY EO 12372 E~ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REV1EW 17 IS ~ ,{duPi-.{C. AJ',rT DEZJNQiJF. N'T ON A~ lu]~l~m. AL r"'~ Ym If 'Y~s' ~ an expizuaaen $ 533,116 ~] ~o 18. TC THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA I. THIS APPtlCATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DOLY AUTHORIZED BY THE GOVERNING BODY OF THE APPLh~.ANT AND THE A/:~31.1CANT WlU. COMPLY WITH THE AT/ACHED ASSURANCES IF THE AE~ISTANCE IS AWARDED. a, Typed Name of Autho~ Re~r~erlta~ve Ih. Til~ ' lC, Te~,~,,~ ~ Timothy J, Constantine IChairman, BCC [(941) 403-2400 d. SigrJam~ of Au~onz~ R~presea~ve P,mvioqs t:diuon~ Not ATTEST: DWIGHT E. BROCK, CLE Authorized for Local IReproductio~~L~..~m OPERATING and ADMINISTRATIVE EXPENSES (5311) Name of Applicant Organization: Collier County Board of County Commissioners Date Completed 01/26/2000 TOTAL EXPENSE ELIGIBLE EXPENSES (All Applicants) (5311 &5311 (f) Applicants) Labor (501) Fringe and Benefits (502) Services (503) 'Materials and Supplies (504) Vehicle Mai ntenance (504.01) Vehicle Purctiase (504.01) Utilities (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) $ 1,574,954 $ 266,55~ Miscellaneous (Mgt. Fee) (509) $ 234,818 Leases and Rentals (512) Depreciation (513) Totals $ 1,809,772 $ 266,558.00 SECTION 5311 AND 5311 (f) GRANT REQUEST Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) $ 556,613.60 (a) $ 23,497.60 (b) $ 266,558.00 (c) Section 5311 Request (no more than 50% of the Deficit) GRAND TOTAL REVENUES $ 1,809,772.00 (from Operating and Administrative Revenue form) Not~: If Grand Tot3J Revenues (e) exceeds Tot3J Expenses (a~ reduce Section 5311 (d) request(d) by ~llxt $. 266,558.00 (d) OPERATING and ADMINISTRATIVE REVENUE (Section 5311) Name of Applicant Organization:Collier County_ Board of County_ Commissioners Date Completed Q1/26/2000 REVENUE USED OPERATING REVENUES TOTAL REVENUE AS FTA MATCH (A/I Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services ~o~ $ 131,326 To~Ru~=!b) $ 42,080 $ 23,497.60 Special Transit Fares (402) $ 751,218 School Bus Service Revenue (403) Freight Tarriffs (404) Charter Service Revenues (405) A. uxillary Transportation Revenues (406) Non-Transportation revenues (407) Total Operating Revenues $ 882,544 $ 23,497.60 OTHER REVENUES 3:axes Levied directly by Transit System (408) Local Cash Grants and Reimb. (County) ('rD) (409) $ 35,828 Local Cash Grants and Reimb. (County) (5311) (409) $ 266,558 $ 266,558.00 Local Special Fare Assistance (410) State Cash Cash Grants and Reimb. (TDCi (411) $ 358,284 State Special Fare Assistance (412) Federal Cash Grants and Reimb. (5311) (413) $ 266,558 $ 266,558.00 Interest Income (414) Contributed Services (430) C"ontributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenues $ 927,228 $ 533,116.00 GRAND TOTAL REVENUES .$ 1,809,772 $ 556,613.60 FY 2000-2001 Grant application, 5311 EXHIBIT A: Current System Description: On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of County Commissioners be named the CTC on an interim basis and recommended that the day to day coordination activities be cartier out by intelitran. This arrangement was approved by the County on April 2, 1999, and approved by the Commission for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the County be designated the CTC on a permanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recommended to serve as the management entity on June 22, 1999. The County directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the Collier County Board of County Commissioners voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Prior CTC's had applied for grants to provide service. They proposed starting with a "Circulator" in Immokalee composed of two 'loops' running on an hourly schedule, with one vehicle, and a "Shuttle" from Immokalee to Naples, running from Immokalee every, two hours with one vehicle. The Circulator and the Shuttle were designed to intersect at the Public Library in Immokalee. Later, a pilot project was proposed to provide some services in Golden Gate as an offshoot of the Shuttle. Presently, two grants are in place and are available to fund general public transportation services. These are WPI1812995 for $47,016.59 and FM 204783 for $76,900. Funds from these Grants will be used to provide advance reservation demand response services to the general public, in targeted rural areas of Collier County at a trip rate during the remainder of FY 1999/2000. All available funds will be used to carry out the mission of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 94,000 one way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, intelitran. Service is provided by carders under contract to intelitran using vehicles owned by the county. Currently, the provider operates 14 routes and provides back up service with additional vehicles. Sponsored, non-sponsored and general public passengers make up 57.23%, 28.49% and 14.28% of the riders in the system Safety is a primary concern of all transportation entities. The latest Collier County SSPP, provided bv intelitran, was adopted by the LCB on September 9, 1999 (copy attached). Z uJ Z Z Z 0 o Z ~.0 T > o o o Z ~ Required for Section 5311 EXHIBIT A-2 DATA INFORMATION FACT SHEET PART I - For Section 5311 Applicants Only "First time applicants complete right hand column only" Type of Service Urban 63,870 I Number of one-way passenger trips*' Year 2 Number of individual served 1,539 3 Number of vehicles used for this service: 12 4 Number of ambulatory seats: 165 5 Number of wheelchair positions: 22 6 Total annual vehicle miles traveled: 533,956 7 Normal vehicle hours in operation per day: 14 8 Normal number of days in operation per week: 6 9 Average trip length: 8.36 Rural 30,057 724 6 78 10 251,274 14 6 8.36 I st Time Applicants Total 93,927 2,264 18 243 32 785,230 14 6 8.36 Estimates are acceptable ** See page 50 for definition of one-way passenger trip. EXHIBIT B: Proposed Project Description: This Grant Application covers FM204787 for $112,000 and FM204786 for $100,600 in federal funds. The intent of this grant is to provide a Circulator in Immokalee, and a Shuttle from Immokalee to Naples, as'well as to support some demand-response services in these other parts of the county. This application also covers funds fi-om FM405805 for $53,958 which will be used exclusively to initiate pilot project in the rural area. This project will be identified once the program stabilizes and ridership is evaluated. We will initially invoice on a per trip basis. Once ridership stabilizes, we will invoice the grant on a "per hour" basis. It is anticipated that this shift will occur after no more one or two quarters of operation, The CTC will begin drawing down the funds from the older grants first. By the time the 'new grant funds' are drawn down, the "Circulator" and the "Shuttle" as they are presently known, should be in place. Ma:ps and Brochures describing the Circulator and the Shuttle will be developed prior to the phase in period. A Budget is provided elsewhere in the ~ant application. Required for: Section 5310 Exhibit C PUBLIC NOTICE The FTA grant application for Section 5310 and 5311 will be on the agenda of the Collier County Local Coordinating Board (LCB) for their February 16, 2000 meeting. This meeting is open to the public. Additionally, the required Notice of Public Hearing for 5310 applications was published in the Naples Daily News on Wednesday, January 26, 2O00. Required for: Section 5310 Section 5311 Exhibit D Coordination The Collier County Board of County Commissioners is the Community Transportation Coordinator (CTC) for Collier County. Required for: Section 5310 Section 5311 Exhibit E Single Audit Act A copy of The Collier County audit is included as Exhibit E. Required for: Section 5311 Section 5311 (f) Exhibit F Protection of the Environment No monies from this application will be used for construction of facilities. Therefore, this application is categorically excluded from environmental assessment or impact statement. Required for: Section 5310 Section 5311 Exhibit G Certifications and Assurances 58278 Federal Register/Vol. 64. No. 208/Thursday, October 28. I999/Notices Appendix A FEDERAL FY 2000 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: / The Applicant agrees to comply with applicable requirements of Categories I - XV. (The Applicantmay make tkis selection in lieu o£ individual selectior~ below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. Certifications and Assurances Required of Each Applicant. Lobbying Certification Certification Pertaining to Effects on Private Mass Transportation Companies Public Hearing Certification for a Project with Substantial Impacts Certification for the Purchase of Rolling Stock Bus Testing Certification. Charter Service Agreement. School Transportation Agreement. Certification for Demand Responsive Service Substance Abuse Certifications Certification Required for Interest and Other Financing Costs Certifications and Assurances for the Urbanized Area Formula Program, and the Job Access and Reverse Commute Program XIII. XIV. XV. Certifications and Assurances for the Elderly and Persons with Disabilities Program __ Certifications and Assurances for the Nonurbanized Area Formula Program Certifications and Assurances for the State Infrastructure Bank (SiB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices 58279 Appendix A FEDERAL FISCAL YEAR 2000 FTA CERTIFICATIONS AND ASSURANCES (Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Name of Applicant: Name and Relationship of Authorized Representative: BY SIGNING BELOW I, --- .(name), on behalf&the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2000. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as requh'ed, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2000. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq,, as implemented by U.S. DOT regulations, "Program Fraud Civil Remedie~," 49 CFR pan 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area'Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANTS ATTORNEY ATT. E.S-T: [DWIGHT E, for (Name of Applicant) L_2_.__,.__.,~.. , As the undersigned legal counsel for the above named Applicant, I hereby af'-ffu'rn to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I Signature '~ /~ % ..~ ....---"----7 Date: Name {~ &.~'l- I"0. Applicant's Attorney Each Applicant for FrA financial .~sistance (except 49 U.S.C. 53120) a.~istance) and each FrA Grantee with an active capital or formula project mast provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter iU PIN number in lieu of the electronic signature of it~ Anomey. provided the Applicant ha on file this Affirmation of i~ AtmmeyAp,,r~t~,j,~mr~_x jin writing dated ~is Federal~ 18gSlfisCalmutflOXQ~$~Yea"'. /~t~.~. Doc. 99-27925 Filed 10-27-99:8:45 am] --~,. )/,~ -~'~ r _. BILUNG (:::ODE ~t~t~nt County .~ttor~y Required for: Section 5311 Section 5333(b) Assurance The Collier County Board of County Commissioners (hereinafter referred to as the "Recipient") HEREBY ASSURES that the "Special Section 5333(b) Warranty for Application to the Small Urban and Rural Program has been reviewed, and certify to the Florida Department of Transportation that we comply with its provisions and that all its provisions will be incorporated into any contract between the applicant and any sub-recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FTA Section 5311 program. Dated: 'January. 28. 2000 ITimothy J. Constantine, Chairman, BCC (name and title of chief executive officer) ATT£SI: DWIGHT E. BROCK, CLEP, K (signature of chief executive officer) kpproved as to form & legal suf[icieacy A~ai~t~t County kttor~y ELIGIBLE SURFACE TRANSPORTATION AND LABOR REPRESENTATION i 2 3 4 Applying Agency and Section 5311 Recipients Other surface Public Union Representation of Description of Project in Service Area (May be Transportation Providers Employees identified in "none") m Service Area (May be Columns 2, and 3, if any "none") (May be "none") 'Collier County Board of None None None County Commissioners. To continue Rural transit and paratransit in Collier County. (Federal funds requested, $112,000.) I Checklist for Application Completeness: Section 5311 and 5311(f) Name of Applicant: Collier County Board of County Commissioners The following must be included in Section 5311 grant applications in the following order: YES Application for federal Assistance (Form 424, Code 20.513). YES Operating and Administrative Expenses Form. YES Operating and Administrative Revenue Form. YES Current Vehicle and Other Transportation Equipmer~t Inventory Form. NA Capital Request Form. YES Exhibit A: Current System Description. YES Exhibit A-2: Data Information Fact Sheet. YES Exhibit B: Proposed Project Description. YES Exhibit C: Public Hearing. YES Exhibit D: Coordination YES Exhibit E: Single Audit Act, and a copy of the latest completed audit, unless already on file in the District Office. NA Exhibit F: Protection of the Environment (if applicable) YES Exhibit G: Completed Certification and Assurances for FY 2000. YES 5333(b) Assurance & Eligible Surface Transportation & Labor Representation Items required for Section 531 l(f), (Intercity Bus Services) proposal applications: NA Separate Operating and Administrative Expenses Form NA Separate Operating and Administrative Revenue. Form NA Separate Exhibit A: Current System Description NA Separate Exhibit A-2: data Information Fact Sheet NA Separate Exhibit B: Proposed Project E{escription YES Have copies of this application been submitted to the local clearinghouse agency? Date submitted to local Clearinghouse: 01/28/2000 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.720, "PANTHER ISLAND MITIGATION BANK" LOCATED IN SECTIONS 5, 6, 7, 18, & 19, TOWNSHIP 47 SOUTH, RANGE 27 EAST: BOUNDED ON THE NORTH AND WEST BY UNDEVELOPED LAND ZONED AG-2 (LEE COUNTY), AND ON THE SOUTH AND EAST BY VACANT LAND ZONED A-MHO (comcsc~w SWAMP SANCnS~Y). OBJECTIVE: To issue an excavation permit to "Southwest Florida Wetlands Joint Venture" for the project known as "Panther Island Mitigation Bank" in accordance with County Ordinance No. 92-73, Div. 3.5. CONSIDERATIONS: The purpose of mitigation banking is to create large contiguous tracts of ecologically viable preserved, restored, and enhanced land permanently removed from the possibility of development. Mitigation credits resulting from the creation of the mit/gat/on bank are purchased by developments that have isolated wetlands in economically desirable areas in return for the ability to develop within those wetlands. When all the available mitigation credits (in this case 934.67 credits for the 2778 acres) are sold, the mitigation bank is legally put into permanent preservation and perpetual management. The Petitioner proposes to create wetlands with a surface area of 462.2 acres (+/-) to a depth of 1 foot, 3 in.(+/-) average (max depth 2.5 fl). The resultant 770,000 (+/-) Cubic Yards (C.Y.) of fill must be removed from the site. Because the "Excavation" is over the 500,000 C.Y. criteria, Environmental Advisory Council (EAC) review was required. The duration of the excavation will be about 5 years. Lee County Department of Community Development is aware of the issues and had previously forwarded stipulations, which have been revised in light of the petitioner's agreement not to use Six- L's Road or Carter Road for fill haul truck ingress or egress. The Item was heard by the BCC on 25 Jan 00, and due to the concerns of property owners along Six- L's Road, the Board ordered the item to be brought back in a month to give the petitioner time to come to an agreement with neighboring homeowners. The petitioner has agreed not to use Six-L's Road for ingress or egress of fill haul trucks. FISCAL IMPACT: The Community Development Fund, Development Services (11313890032940000000) has or will receive $3464 in revenues broken out as follows: Application Fee $ 850.00 Permit Fee $2368.00 $3218.00 TOTAL FEES ACtA ITF. M A security in the mount of $192500 must be posted prior to permit issuance. Road impact fees are not collectible because travel distance within Collier County used for the calculation is zero, but would have been $26,642.40 for 770,000 C.Y. (48,000 truckloads) hauled an average distance of 10 miles over a period of 5 years. GROWTH MANAGEMENT IMPACT: None. EAC RECOMMENDATION: The EAC did not have a quorum, but chose to hear the item because of the presence of members of the public from Lee County. Although no vote was taken due to a lack of quorum, since the EAC did hear substantial testimony, the County Attorney opined that the petition should go forward to the BCC rather than being continued until a quorum was available to hear the petition. A copy of the EAC minutes is attached for BCC review per the request of the EAC. RECOM~MENDATION: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.720 to Southwest Florida Wetlands Joint Venture" for the project known as "Panther Island Mitigation Bank" with the following stipulations: 1. The excavation shall be limited to a bottom elevation of 2.5 feet below grade. Access to site is through Lee County. No material will be removed from the site through Collier County without prior approval of the Collier County BCC. 3. Dewatering is not allowed. 4. No blasting will be permitted. Vegetation removal permits in accordance with 3.9.5.2.9 CCLDC shall be obtained from Current Planning Environmental Staff for those phases of the project requiring the removal of protected vegetation. The petitioner will obtain all necessary Local, State, and Federal permits prior to starting any excavation. Additional Stipulations requested by Lee County: All dump-truck traffic exiting the project will operate between the hours of 7:00 AM and 6:00 PM, Monday through Saturday only. There will be no track traffic on Sunday. The Petitioner agrees not to use Six-L's Road or Carter Road for ingress or egress of fill haul tracks. Fill will be hauled along a farm road. FEB 2 2 2000 Thc Developer will bc responsible for normal erosion control and dust control on the haul route. The applicant shall be responsible for the installation of intersection improvements consisting of the installation of an asphalt transition strip between the existing edge of Corkscrew Road and the haul route. This is thc only intersection improvement that has been requested by Lee County. PREPARED BY: STAN CHRZAN(~SKI, P.E. SENIOR ENGINEER DATE REVIEWED BY: THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COM3iIYN]TY DEV. AND ENVIRONMENTAL SVCS. 59.720 EX SUMMARY/SC/H/EAC Exec. Suture. DATE AGENDA FEB 2 2 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF DECEMBER 1, 1999 Item IV.C. II. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Commercial Excavation Permit No. 59.720 Panther Island Mitigation Bank Southwest Florida Wetlands Joint Venture WilsonMiller, Inc. WilsonMiller, Inc. LOCATION: The subject property is an undeveloped 2,778 acre parcel located in northern Collier County, north and west of Corkscrew Swamp Sanctuary in Sections 5, 6, 7, 18 & 19, Township 47 South, Range 27 East, Collier County, Florida. Access is from Lee County via Carter Road or 6L's Road. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are undeveloped with some agricultural activity. ZONING DESCRIPTION N - AG- 2 (Lee County) Undeveloped S - A-MIlO Undeveloped E - A-MHO Undeveloped W - AG-2 (Lee County) Undeveloped PROJECT DESCRIPTION: The petitioner proposes to regrade land classified as FLUCCS code 210 (cro and pastureland) and 212 (unimproved pasture) to restore their viabili wetlands. The regrading consists of removing 0.5 12 to 2.5 ft. of soil over )lam:i ~1. ~I~~AGENDA ITEM FEB 2 2 2000 EAC Meeting ............................................................................................December 1, 1999 Ex. 59.720 Page 2 of 9 of approximately 462.2 acres out of the 2778 acre site. The material (850,000 CY) will need to be removed from the site. Under provisions of the Land Development Code, that means the project is a "Commercial Excavation", requiring review and approval by the EAC. The regrading will then allow the land to be used as a "mitigation bank" which allows developers to clear wetland in prime commercial or residential areas by buying and contributing land within the "bank" to be preserved permanently. This is a permitted use in the Rural Agricultural district (Conservation Use). The ratio of clearing to "banking" varies dependent on the viability of the land to be cleared. 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, therefore allowable land uses are of low intensity. A limited selection of land uses other than low density residential and agricultural is permitted. Among those are conservation uses. Therefore, the petition is consistent with the Future Land Use Element of the Growth Management Plan. The completed application for the Panther Island Mitigation Bank was received after June 22, 1999. However, conservation uses are listed in the Land Development Code (Section 2.2.2) in effect on June 22, 1999 and are not among the prohibited uses. Therefore the petition is consistent with the Administration Commission's Final Order. MAJOR ISSUES: Water ManaRement: There are no water management issues. The project is being reviewed by all concerned federal and state agencies. The material will be removed across roads that exit the site directly into Lee County. The County Transportation Director has stated that Road Impact Fees may not apply. The matter is still under discussion. There is a planting schedule for restoration of the areas being excavated. FEI3 2 2 2000 EAC Meeting ............................................................................................ December 1, 1999 Ex. 59.720 Page 3 of 9 Environmental: Site History and Existing Conditions: The Panther Island Mitigation Bank (PIMB) site is currently a mixture of agricultural fields, hydric and mesic pine flatwoods, cypress domes and sloughs. Exhibit 5 in the PIMB South Florida Water Management District (SFWMD) Individual ERP Application includes a breakdown map of the various vegetative communities on-site, classified per the Florida Land Use, Cover and Forms Classification System (FLUCFCS). A little less than half of the northernmost portions of section $ and 6, of the PIMB site are agricultural fields (FLUCFCS 210). These fields were cleared between the 1960's and early 1980's. The site is currently used for pastureland and grazing for a beef/cow-calf operation, and the agricultural fields were in active vegetable production as recently as during the winter of 1995. All ditching and internal water control structures from the vegetable fields remain operational. There are four remnant cypress domes (FLUCFCS 621) within the agricultural fields isolated by rim-ditches that surround them. Historically, these domes were once connected to other wetlands by flow ways consisting of seasonal marshes (Exhibit 6). Several remnant cypress domes on the perimeter of the agricultural fields are also rim-ditched. The remnant cypress domes exhibit evidence of hydrologic stress and are infested with exotic vegetation, including Brazilian pepper, Lygodium, and Hymenachne. Portions of the agricultural fields have recently been allowed to go fallow and are generally dominated by thick stands of Brazilian pepper. Other parts of the bank site were once cleared as pasture but have not been maintained. These areas of unimproved pasture are dominated by varying amounts of slash pine, widely scattered saw palmetto, and Brazilian pepper. The remainder of sections 5 and 6 is a compromise of a mixture of pine flatwooda (FLUCFCS 411,416) and cypress domes and sloughs (FLUCFCS 621, 624). A large slough in thc southern portion of sections 5 and 6 also extends inW Corkscrew Sanctuary. This slough stretches southwest through section 7 on the PIMB site and eventually meets Gordon Swamp at the corner of sections 7 and 18. Section 7 includes small portions of the agricultural fields that dominate section 6, but is otherwise a mosaic of pine flatwoods and cypress domes and sloughs. The actual "island" of Panther Island, an area of hydric pine flatwoods, dwarf cypress, and mixed pine and cypress, occupies the eastern portion of section 7. Its elevation is slightly higher than that of the adjoining cypress sloughs. Thi: "-:- - FEB 2 2 2000 /.. EAC Meeting ............................................................................................December 1, 1999 Ex. 59.?20 Page 4 of 9 geologic feature is named as Panther Island on historical drawings, providing the name for this mitigation bank (Exhibits 7 and 8). Panther Island extends to the south, occupying a portion of section 18 as well. South of Panther Island is a cypress slough connecting the Corkscrew Swamp to the east with Gordon Swamp to the west. Immediately south of this connection, a narrow "upland" island separates the cypress slough from the dwarf cypress and pine cypress areas to the south. Cypress domes are scattered among the slough.q, pine flatwoods, and pine- cypress areas. The Gordon Swamp also serves to provide a western connection and flow way between the Corkscrew Swamp and the Flint Pen Strand in Lee County. This area was a part of the large-scale fencing and deer eradication efforts of the 1920's and 1930's aimed at eliminating the ticks that caused Texas fever in cattle. This fence was cut through the deep cypress swamps in section 18 and the fenceline's footprint is still apparent in aerial photographs. Early roads in this area that predate the intense logging efforts may have resulted from these efforts. The PIMB property has a long history of logging and timber extraction. Much of the pine in the area of the bank site was extensively logged through the 1950's. Cypress logging occurred in the Corkscrew Swamp and in Big Cypress Swamp area to the south from 1930 to 1955 and some probably occurred on-site within the same time period. Aerial photographs indicate that logging tram grades were constructed in the Corkscrew Swamp immediately to the east of the site between 1953 and 1958. Heart pine was selectively logged from the mitigation bank site and used to construct the Corkscrew Sanctuary boardwalk in the 1960's and 1970's. PIMB is located 9 miles east of the Koreshan Unity site in Estero, an early site of Melaleuca introduction on Florida's west coast. Melaleuca has spread and continues to spread outward from the introduction site. There is notable evidence of heavy and progressive Melaleuca, Brazilian pepper, and other exotic invasion to the north, west, and south of the Mitigation Bank site. Purpose of Bank and its relationship to CREW and other protected lands: The purpose of the PIMB is to provide mitigation for impacts primarily to freshwater wetland systems in Estero, East collier and West Collier Basins that comprise the mitigation service area (Exhibits 1, 2 & 3 in the PIMB SFWMD Individual ERP Application). In addition to its suitability as a mitigation project, this specific project site was chosen based on its regional significance to the Corkscrew Regional Ecosystem Watershed (CREW). The PIMB has been designed to result in a potential 934.67 mitigation credits for the restoration, enhancement, preservation and perpetual management of the 2,778 acre ban]['~l~ EAC Meeting ............................................................................................ December 1, 1999 Ex. 59.720 Page 5 of 9 PIMB is considered to be a viable alternative for compensatory mitigation for impacts to hydric pine flatwoods, freshwater herbaceous wetlands, and freshwater mixed forested wetlands within the Mitigation Bank Service Area (MBSA). Permit applications proposing PIMB will need to provide an analysis of the O~. wetland impacts to demonstrate that tiff-site mitigation is either not practicable or use of a mitigation bank is environmentally preferable to on-site mitigation or compensation, and demonstrate that the proposed use of PIMB is the best practicable alternative. PIMB is located within two separate sub-ecoregions, the Southwestern Florida Flatwoods and Big Cypress, and is a vital link between several different watersheds including the Estero Bay and Big Cypress watersheds. The Bank site is bounded by Corkscrew Swamp Sanctuary on the east and by state-owned CREW/SOR lands (Exhibit 2) on the south and portions of the west. The PIMB site itself is located within the CREW boundary and has been included as pan of the CREW NRPA for Collier County. Mitigation Bank Review Team Process: The PIMB was introduced to the Mitigation Bank Review Team on June 4, 1997 to discuss the previously submitted prospectus. The SFWMD participated in the Mitigation Bank Review Team process as a non-signatory agency to promote inter-agency coordination and permit consistency, to the degree possible. The Federal Mitigation Banking Review Team (MBRT) is comprised of the U.S. Army Corps of Engineers (ACOE), U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), U.S. Fish and Wildlife Service (USFWS), and the Florida Fish and Wildlife Conservation Commission (FFWCC). The overall goal of the MBRT, as taken from the "Federal Guidance for the Establishment, Use and Operation of Mitigation Banks, 60 Federal Register 58,605-58-614 (November 28, 1995)', is to provide economically efficient and flexible mifi$afion opportunities, while fully compensa, ting for wetland and other aquatic resources losses in a manner that '~0ntributes to the long-term ecological functioning o~' the watershed within which -'th,.__e bank is located. The_ specific goal of the PIMB is to provide eompensatory~ mitigation in advance for unavoidable adverse impacts_to similar aquatic -re-gourees, which may be authorized by the U.S. Army Corps of Engineers ~-Program and the SFWMD ERP or Wetland Resource Permit The existing (Baseline) Conditions of the mitigation bank site were scored in the field with the MBRT on January 14, 15, and February 5, 1998. The Without Bank and With Bank Conditions were scored with the MBRT in the office on Iv ~rch 3 EAC Meeling ............................................................................................December 1, 1999 Ex. 59.720 Page 6 of 9 and May 13, 1998, respectively. The draft Federal Mitigation Banking Instrument (MBI), D.A. No. 199705332, was submitted to the MBRT on June 3, 1998. The final MBI was submitted to the MBRT for signature in August, 1998. Project Description and Benefits: The proposed mitigation program has ten major components that are designed to improve the functional values of both the wetlands within PIMB and the wetlands on adjacent properties. These ten major components are: 1. Restoration (reconstruction) of agricultural fields; 2. Filling of drainage ditches; 3. Removal of cattle and grazing impacts; 4. Vegetative restoration of vehicle trails; 5. Re-routing of water to historic natural flow ways; 6. Enhancement ofhydroperiods; 7. Eradication of exotic vegetation; 8. Management to prevent exotic vegetation invasion and re-infestation; 9. Mechanized and manual clearing of heavy brush to allow prescribed burning; 10. Reintroduction of appropriate fire regimes. Each component of the mitigation program is described according to the technique for implementation starting on page 10 in section 5 of the ERP Application. The primary mitigation activities, acreage and potential credits, by phase, are presented in Table 1 on page 9 in the same section. Each phase or sub-phase of the mitigation bank will be preserved by a conservation easement granted to the South Florida Water Management District (SFWMD) and the Florida Department of Environmental Protection (DEP). All applicable real estate taxes, if any, will be paid by the landowner in perpetuity. The site will be perpetually managed to maintain the ecological quality of the site, as defined by the success criteria. The perpetual management plan is included in Exhibit 18 of the ERP Application. The site will be treated to control exotic vegetation in order to preserve the habitat and vegetation values of both the Bank property itself and its neighbors: Corkscrew Swamp Sanctuary and CREW program lands. Fencing, 48 inches in height and consisting of three rows of barbed wire attached to wood posts, will be installed along the south perimeter to complete fencing of the entire site. The site boundary will be posted to identify the site as a "No Trespassing/Conservation Area". It will also be gated, and patrolled to ~ -- unauthorized access to the site. m~.~ FEB 2 2 2000 EAC Meeting ............................................................................................ December 1, 1999 Ex. 59.720 Page 7 of 9 Hunting activities on the site shall be limited to only those activities that may be required for the proper management and control of nuisance or exotic wildlife. No recreational hunting activities will be allowed. Implementation of PIMB will result in identifiable ecological benefits to several watersheds, including the Estero Bay and Big Cypress watersheds. These benefits are as follows: A. Restore degraded areas to increase the total wetland functions and area within the CREW system. B. Provide a buffer of natural habitat between the interior wetland communities of the Corkscrew regional ecosystem and the developed and agricultural lands to the north. C. Enhance and preserve an important habitat and hydrologic link between the Corkscrew Swamp Sanctuary to the east and the Flint Pen Strand CREW lands to the west. D. Improve the general landscape mosaic by restoring pine flatwoods and seasonal marsh wetlands, the historic transition between the sharp topographic divide of the higher flatwoods to the north and the deep cypress sloughs to the south. E. Reconstruct the pine flatwoods and seasonal marsh mosaic thereby increasing the amount of this scarce habitat type. F. Increase, enhance and preserve vital habitat for several threatened or endangered species including the Florida panther, Florida black bear, wood stork, American swallow tailed kite, limpkin, short-tailed hawk, sandhill cranes, Big Cypress fox squirrels, red-cockaded woodpecker, snowy egret, black crowned night heron and glossy ibis. G. Enhance and protect areas with high potential for aquifer recharge. RECOMMENDATIONS: Staff recommends approval of Commercial Excavation Permit No. 59.720 "Panther Island Mitigation Bank" with the following stipulations: Water Management: The petitioner will obtain all necessary Local, State, and Federal permits prior to starting any excavation. Environmental: AC-~A ITEM FEB 2 2 2000 EAC Meeting ............................................................................................Dec~mber 1, 1999 Ex. 59.720 Page 8 of 9 Vegetation removal pemaits in accordance with 3.9.5.2.9 CCLDC shall be obtained from Current Planning Environmental Staff for those phases of the project re;luiring the removal of protected vegetation. FEB 2 2 2000 p~. // EAC Meeting ............................................................................................ Decemb~ 1, 1999 Ex. 59.720 Page 9 of 9 PREPARED BY: STAN CHRZ~SKI, P.E. SENIOR ENGINEER DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST II DATE REVIEWED BY: SENIOR PLANNER DATE {OMAS E. KUCIC, P.E. ~GINEERING REVIEW MANAGER )5,4-,(t.q3~-~m~o, AICP rRR.ENT PLANNING MANAGER SL/gdh/c:Panther Island Mitigation Bank StaffReport DATI~ 1[. ti,". q 9 DATE FE~ 2 2 2~[I COLLIER COUNTY APPLICATION FOR EXCAVATION PI~RMIT )ERI~ NO. =AT' "RY: PRIVATE COMMERCIAL DEVELOPMENT ORDINANCE NO. 9:~-73 NONREFUNDABLE APPUCATION FEE: PRIVATE ($85) COMMERCIAL ($850) 2< DEVELOPMENT ($125) RECEIPT NO. PERMIT FEE RECEIPT NO. 3. 4. 5. 10. 11. 12. Name of Property Owner.* Barron Collier Companies (Contact: t, ee TreadWell) (Indicate exactly as Recorded) Address of Property Owner:. 2600 Golden Gate Parkway, Naples, Flodda 34105 Phone Number of Owner:. (941) 262-2600 Name of Excavator:. To Be Determined Address of Excavator:. To Be Determined Location of Excavation: Sections 5,6,7,18; part of 19, Township 47 South, Range 27 East, Collier Co. Legal Description: Panther Island Miti,qation Bank Any Right-of-Way Easements Across Land Which Would be Affected (Public or Private) Yes X No If yes, show on survey. Purpose of Excavation: Wetland enhancement, reconstruction for miti~lati0n bank Intended Use of Material to be Excavated Off-Site Fill 'oposed Excavation Size: ~urface Area: 462.2 Acres; Depth: 0.5 - 2.5 (typical) Feet; Quantity: 849,~65 C.Y. The following information is to be submitted with application: (a) Attachment "A" prepared by a surveyor or engineer registered in the State of Flodda showing all information required in Section 3.5.6 of the Ordinance. (b) Attachment "B" - List of names and addresses of nead)y property owners as required by Section 3.5.6.1.3.4 of the Ordinance, for commercial applications. (o) Attachment "C" - Evidence provided by applicant relating to Section 3.5.5.4.5 of the Ordinance. I have read Ordinance No. 92-73, Division 3.5 and agree to conduct the excavation in accordance.~with the O..r~nanco/~nd all County and State Codes and Laws. J J~ . ..-×,/.. J NOTARIZED APPROVAL ATTAQHED Revised 12/8/92 A -GE. NDA ITEM FEB 2 2 2000 January 5, 2000 PARTIAL TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 5, 2000 LET IT BE REMEMBERED, that the Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in W. Harmon Turner Building of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: William W. Hill Ed Carlson Michael G. Coe M. Keen Cornell Thomas W. Sansbury J. Richard Smith NOT PRESENT: John DiNunzio James L. McVey Stan Chrzanowski, Senior Engineer Barbara Burgeson, Senior Environmental Specialist Stephen Lenberger, Environmental Specialist, Development Services Marni Scuderi, Assistant County Attorney Ron Nino, Current Planning Manager FEB 2 2 2000 January 5, 2000 CHAIRMAN HILL: I'd like to move on then to Item No. 4 in the agenda and consider Item 4-A, the commercial evacuation permit for Panther Island Mitigation Bank, No. 59.72. MR. CARLSON: Mr. Chairman? MR. SANSBURY: I have to recuse -- MR. CARLSON: I have to, too. Do we still have a quorum? Mr. Chairman, I have to abstain from this particular item. MR. SANSBURY: As do I. CHAIRMAN HILL: Both of you do. Now we do not have a quorum. MS. BURGESON: We're going to have to continue it. CHAIRMAN HILL: We do not have a quorum to consider Item 4-A. We could not take an action on this. MR. SANSBURY: Can we refer to the county attorney for just a second on that? CHAIRMAN HILL: Yeah. MR. SANSBURY: The ownership of the -- is there anyone here that can discuss the ownership of Panther Island? I know that Barron Collier Company's a part of a group that owns the land at Panther Island. I don't know if -- if what we're talking about here is, I mean, really a direct benefit to Barton Collier Companies. CHAIRMAN HILL: The question is relevant concerning Mr. Sansbury's abstention. MR. DURHAM: For the record, my name is Tim Durham. I'm with ~--~ilson-Miller, representing Panther Island Mitigation Bank. And I pologize, Mr. Sansbury, I wasn't able to hear your comment when you made it. MR. SANSBURY: I know the Barron Collier Companies has some of the ownership of Panther Island. I -- MR. DURHAM: Yes. MR. SANSBURY: -- don't know to what degree or how -- what we're talking about today, as far as having to recuse myself from this discussion. MR. DURHAM: Yes, the Panther Island Mitigation Bank has permitted and set up Barron Collier Companies are a partial owner in the project and would receive profits from the sale of credits. MR. SANSBURY: I don't know what else to do, sir. CHAIRMAN HILL: The Chair will have to accept the recusing from discussion and action of two gentlemen on the council. We do not have a quorum then to take action. I need advice. Should we eliminate discussion and presentation at that point? MR. SANSBURY: Could we table it to see if anybody else is going to show up? MS. BURGESON: If you wish, you could continue it to the end of the meeting or until -- I don't know if Mr. DiNunzio will be arriving late. We have not heard from him. The other option is to continue it to the next meeting. MR. DURHAM: If I may, Mr. DiNunzio would also have a conflict. ~His wife works for Barron Collier families in some capacity. MR. SANSBURY: Who else are we missing? FID222000 Page 2 January 5, 2000 CHAIRMAN HILL: McVey. The situation is this then: We have a council of -- for public's information, a council of eight members at this time. One definitely will not be here, which drops us to seven. Three -- in fact, if Mr. DiNunzio did come to the meeting, we would still have three people that would have to recuse themselves from discussion. Therefore, at this point we would not have a quorum at any time during the day -- MR. CHRZANOWSKI: Excuse me, Mr. Hill? We have a suggestion from the Planning Department that you can hear it and just forward it to the BCC with -- CHAIRMAN HILL: with no recommendation? MR. CHRZANOWSKI: -~ no recommendation. MR. NINO: Without a recommendation. MR. CHRZANOWSKI: But you may ask the attorney. I'm not a lawyer. MR. NINO: Your problem is you've got three people out of eight with a conflict, and I don't know if legally if you can hold up a petition until that bright morning when five people decide to show up. On the other hand, I believe you can hear the petition and it can be forwarded to the board without a recommendation, in view of your inability to have a quorum. MR. COE: I see no reason to hear it if we can't vote on it. It's a waste of their time, as -- CHAIRMAN HILL: Well, let me ask the council's opinion on the matter. MR. SMITH: Are we expecting to have a new board member -- or council member appointed here sometime fairly soon? MR. SANSBURY: We don't know. MR. NINO: Do you have any information on that? MS. BURGESON: I do not know whether it's been advertised or not. When Mr. Mulhere arrives later in the meeting, he can let you know, I believe. Or we can check with Sue Filson. She should have been notified when Dr. Jackson resigned, and it should have been advertised right away. Although I'm not aware that it has been. MR. SMITH: My suggestion is that we wait until that process. It's an important project, very, very important project, and I think it's very important for -- especially environmentally for it to be reviewed. MS. BURGESON: We can check with Mr. McVey to make sure that he'll be at the next meeting, and we can call and poll all of the EAC members to make sure that we will have a quorum for that meeting. MR. CARLSON: What's our attorney's name? Sorry. MS. SCUDERI: That's okay. MR. CARLSON: Just to leave no stone unturned here, the reason I feel that I must recuse is that we are talking with the mitigation bank, although nothing has been decided yet, about potential future management of the site, which would come with a management endowment for perpetual management. So I would assume that would necessitate my abstention. MS. SCUDERI: Right. It says -- the statute states -- Max FEB 2 2 2000 January 5, 2000 Scuderi from the County Attorney's Office. The statute states that you shall not vote in an official capacity if this would enure to your private gain or loss, or to the private gain or loss of any principal by whom he or she is retained, or to the parent organization or subsidiary of the corporate principal by which he is retained. MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes. MR. SANSBURY: I think this is an important thing that -- I mean, I see no reason why we can't hear the presentation and go on record with the board of directors -- I mean, with the County Commission, excuse me -- that -- you know, that we could not take a position on it because of conflict. So these guys might be hanging out there forever, and this is something that needs -- a project that needs to get rolling. It's critical in the county. CHAIRMAN HILL: I'm in agreement with Mr. Sansbury's comments. MR. CORNELL: I have no problem with that. CHAIRMAN HILL: We will proceed then with the presentation of the mitigation bank. MR. CHRZANOWSKI: Good morning. Stan Chrzanowski with development services. The reason you're hearing the project is this project is not going before the Collier County Planning Commission. It's not a conditional use. It's a commercial excavation. Commercial -- while .--excavations in Collier County are defined as the removal of more than :hree feet of fill from an area permanently, or removal of less than three feet of fill from an area greater than 10,000 square feet, which is about a quarter acre, this project will remove an average of about one feet and three inches of fill from an area of about 460 acres, which will generate about 850,000 cubic yards of fill, which will have to be removed from the site, which makes it a commercial excavation. The excavation will vary naturally, because they're going -- it's a -- you're -- technically you're not hearing the fact that it's a mitigation bank, you're hearing the fact that it's a commercial excavation. But the issues here presented -- I assume a lot of the people present are people that I've talked to from the Carter Road area and that Six L's area, I would assume that are most of the people here. And they have a concern about the traffic leaving the site. ., 850,000 cubic yards is going to generate at 16 cubic y~rds a truck, maybe 55,000 trucks. And depending on what time span they do that over, when you divide that down into trucks per hour, if they do it very quickly, it's a lot of trucks per hour. If you look at staff report, you'll see under the other section, there o- under recommendations, we have water management, we have environmental and then we have other. The other stipulations were given to us by the Lee County Department of Transportation, who has reviewed this project. 'The engineering aspects of removing that little amount of -- well, it's a large amount of fill but a very small area. it's going to create a greater amount of water retention in the area and they're x~oing to take what is now a farm field and turn it into a wetla~ AGENDA ITF.~ FEB 2 2 2000 January 5, 2000 From an engineering point of view, we have no problem with that. The petitioner is here, Tim Durham, if he wants to make any presentation. I tried getting this map here, which is an overall map of the area. I'm not very good at that. This is the 2,700 and something acre project. Up in the north area, which is -- this is the Lee County line. If you look up here, you'll see the Corkscrew Swamp Sanctuary in this area. This is three sections across. Two of those sections are in Panther Island. And this is about four sections down. Two and a half of those sections are in Panther Island, right abutting Corkscrew Swamp Sanctuary, right abutting the Lee County line. All the digging is going to be done in this area and taken out. Carter Road, which goes up in that direction into Lee County. I've tried on the visualizer -- there we go. I've tried to get this map to sit well, but it -- I'm getting glare from the lights up here. If you look in this area here, I'll point out the mitigation bank area. And you can see the Corkscrew Swamp. The mitigation bank area is right in here. And the Corkscrew Swamp, you can see the slough that runs up through this area and all the way up into Lee County. That's Ed Carlson's area. That's about my presentation. If you have any questions about the engineering aspects, I'll be glad to answer them. Like I said, the petitioner is here to address his portion. CHAIRMAN HILL: Questions for staff? MR. COE: What's the length of Carter Road there as it goes up to Corkscrew? MR. CHRZANOWSKI: I think it's two miles until you get to Corkscrew. MR. CORNELL: I have a -~ let me ask you one question. As I understand this, this is going to be a private activity, almost like a commercial activity. Is that the idea of the -- MR. CHRZANOWSKI: My understanding of mitigation banks, and I'm only an engineer, is that occasionally a project being developed close to an area that might be environmentally sensitive wants to take out an area that some environmental agency thinks should not be taken out. And they can mitigate an area in another place -- MR. CORNELL: Yes. MR. CHRZANOWSKI: -- to take that out. And this is a private enterprise that's going to sell mitigation credits -- MR. CARLSON: Right. MR. CHRZANOWSKI: -- to do that. Most of the area, if you 10ok at that area on that aerial photo, you'll see that area is fairly undeveloped. I mean, there's some farms around it. But the at, is ~- a lot of it's fairly pristine. It's right near Corkscrew Sw~. The few areas that were farmed are going to be restored to & wetland type condition. Actually, the neighbors should appreciate it in about 10 to 20 years, it's just the interim that might be a problem. MR. COP. NELL: Is this in the NRPA, as far as we know what '-- A(~?.NO! ' FEB 2 2 2000 January 5, 2000 NRPA is up there? MR. CHRZANOWSKI: I believe it is. That's why it's not going in front of the CCPC. MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes. MR. SANSBURY: If I could comment for a minute on wetland banking and not on the merits of this particular thing. I had the opportunity in 1988 to 1992 to serve on the State of Florida Environmental Regulations Commission and chaired it for the last two years. During. that last two-year period -- that's the commission essentially appointed by the Governor that sets the environmental rules for the State of Florida, then the DER and all the South Florida Management districts. The environmental community and the regulatory community came to the commission in 1990 and said that, you know, there is -- in our permitting rules, the requirements to preserve isolated wetlands areas really didn't leave a lot of leeway in whether those areas were functional; and secondly, did not have a method of maintaining and managing those particular areas, and came up with a suggestion of setting up a workshop committee to study mitigation, wetland mitigation banking, that had been done in other states and parts of the country. I served on this committee for two years. Following that period Df time, legislation was passed to set up the ability to mitigate setland areas. What it does is, I mean, we have thousands and thousands of acres in the State of Florida. And as Mr. Carlson knows, the CARL purchases -- Palm Beach County, I'm aware of, we spent 100,000 -- 100 million dollars was spent to purchase environmentally sensitive land. But it has no ability to manage that land, no ability to restore hydro periods, no ability to take care of exotics, nothing of that sort. The land sits there, people go out and dump trash on it. You have these small wetlands within other communities that are questionable as to how they function. Nobody maintains them. You don't have the same hydro period. What this allows is it allows a permanent conservation easement to be placed on this land and two requirements to -- a requirement that number one, it be set back up in its natural state. Mr. Carlson probably knows a lot more about this than I do from a standpoint of hydro period to have the exotics removed, everything of that sort taken out. And secondly, to be maintained. To have ingress, egress, limited, people -- you secure it in some manner so people don't go out there and dump trash all over it and set fires and run their buggies all over the place. And it really is the ability, I think, to maintain permanently wetlands habitat that's functional. Mr. Carlson, I don't know if you can ~omment, but it's Mr. Carlson,s type of group that's going to be managing these type of facilities. So I believe that this is a very, .~-~very important type of thing in our whole ecosystem, to establish 'hese banks, to do things that government really can't do. Page. 6 FEB 2 2 2000 January 5, 2000 government really cannot afford to maintain these areas, and as we've seen in a lot of our purchases. So from the standpoint of mitigating -- mitigation banking, I think it's a very positive, positive thing. MR. CHRZANOWSKI: And don't lose sight of the fact that the only reason this petition is up in front of the EAC is because they are hauling the material off site. If there was no digging going on, no hauling off-site, you wouldn't see the mitigation bank petition. MR. SMITH: Mr. Chairman, I have a question. CHAIRMAN HILL: Mr. Smith. MR. SMITH: I thoroughly agree. I mean, I spent the time actually and reviewed this project very, very carefully, to the best of my ability, and I find it extremely interesting, if nothing else, and it's obviously a very well thought out and decent, good project. We're faced with some interesting questions, I think, however, because we're talking about a commercial endeavor as part of an attempt to restore some natural habitat and some wetlands. And in that process, I'm wondering, are we violating the final order of June 22nd, 19997 Because that, as I understand it, will not permit any kind of commercial. MR. REISCHL: Fred Reischl, planning services. The final order has a list of prohibited uses. This was a use that was in the code prior to June 22nd, '99, and is not on the list of prohibited uses -- MR. SMITH: Well, I'm looking at the list. MR. REISCHL: -- as a conservation use. MR. SMITH: Okay. I think it was on Page 13 of the final order, Paragraph No. 5. Uses are permitted, except the following uses are prohibited and shall not be allowed: Commercial or industrial development. MR. REISCHL: Yeah, but earth mining is a permitted -- one of the few uses that is still permitted in rural agriculture. This was deemed not to be earth mining by the pl~--ing services director. It was deemed to be a conservation use, which is also a permitted use in the rural agricultural district. MR. SMITH: Well, I only wanted to point it out, because we may be setting a precedent for the other way. If ever there's a developer that wants to raise the issue as to whether or not we can bypass the final order, I think that developer would have every right to say the precedent's been set. MR. REISCHL: Well, I think that a developer could bring it up to the planning services director. The planning services director made this decision based on the fact that the basic intent of this is a conservation intent, not a -- there is going to be money made, but it is -- the overall intent is conservation of the land. And that's how the director made his -- ''MR. SMITH: In other words, the -- MR. REISCHL: -- decision. It could be just appealed to the board. MR. SMITH: -- ends justify the means. FEB 2 2 2000 January 5, 2000 But the other thing that I'm concerned with is there's -- in this package, it seems to be that there's going to be absolutely no access by people once these lands are restored. There's nothing in the plans that I saw that made -- that is geared toward making this area, which can be and hopefully will be an absolutely gorgeous beautiful natural area at some point in the future accessible to people and used by people as opposed to here with every indication that everybody's going to be kept out of this. And that concerns me. I think people should be made part of this equation. MR. CARLSON: I am recused, but passive recreational uses for the site are yet to be determined. And that could be very low or could be very high, depending on future programming. MR. SMITH: Well, I noticed, for example, if I go to Mr. Carlson's facility, it costs me what, $7 now, $147 That's prohibitive to a lot of people to enjoy nature. MR. CARLSON: Well, that's your opinion. But we are a private nonprofit group, and we receive no tax support from any taxing agency at all, so we have to completely -- we depend upon our income for all of our land management and all the good things we do for Collier County in protecting the watershed for you. CHAIRMAN HILL: I have several questions. I know they're outside probably the purview of the commercial excavation, but I'm a little concerned, and I'll go these in reverse order, because one question '~hich has just been raised about the maintenance. If we never have a mitigation situation and no purchase is asked for out of this bank, do we require or have any measure of surety through a bond or whatever that that area is going to be maintained? That concerns me greatly. MR. SMITH: There is a bond, Mr. Chairman. CHAIRMAN HILL: Okay. I missed that in the documents. Is it sufficient -- MR. SMITH: I reviewed it. To my way of thinking, it is. CHAIRMAN HILL: Okay. Another question on -- in Section C on the application, Paragraph No. 2 asks for the names of all wetlands impacted, and the answer is unnamed wetlands north of Corkscrew Swamp/Gordon Swamp. If staff or petitioner could address that, I'd feel more comfortable with that. The burning plan. It was difficult to follow all of that. But to me as a resident, nearby resident, the burning plan would be of great concern to me. That bothered me in the whole process. The other thing that worried me is that the service area is two-county. And once this -- if it is implemented, what's the process of mitigation in determining how this point system works? Are there priorities set between the two counties, or is function of wetl~u~ds considered in the mitigation process? This is something that has to be answered, I think, ahead of time. Is it one to one, two to one, half'to one on the mitigation process? Now, I know, before I'm chastised here, that this is not ~Darticularly an excavation -- a commercial excavation question. hese things bother me. And I'd kind of like to hear some ans~, But 2 2000 January $, 2000 them before we proceed. Are there other questions? Can I call on the petitioner? MR. CHRZANOWSKI: Right, I was going to suggest -- CHAIRMAN HILL: Fine. As Mr. Durham approaches the stand, if there's anybody in the public that has -- that would like to speak and has not taken advantage of the sheets to sign up, to take this opportunity to do so. Mr. Durham? I guess the petitioner should be sworn in also. Let me ask then if the petitioner and those wishing to speak from the public on this matter, if you would stand to be sworn in, please. (All speakers were duly sworn.) MR. DURHAM: Again, for the record, my name is Tim Durham. I'm with Wilson-Miller. Served as the engineer of record for this project, and also directed a substantial portion of the environmental field work and permitting effort on the site. Interesting list of questions that kind of helped shape what I'm going to talk about today. And I'll try to touch on all the things. A few things I did want to cover first. Panther Island Mitigation Bank is a private entrepreneurial wetlands bank, the purpose of which is to take existing lands to make improvements, alterations to it, and provide perpetual management to it so as to raise the wetland functions on the site. That increase in wetlands function has a unit assigned to it which can be sold. The bank is fully permitted through the U.S. Army Corps of Engineers, South Florida Water Management District. We went through a 21-month permit process, which was a rather unique process. Ail negotiations and discussions with the regulatory agencies occurred simultaneously, meaning every discussion that was held had to involve all the agencies. And a quick rundown of that: U.S. Army Corps of Engineers, EPA, U.S. Fish and Wildlife Service -- at the time Florida Game and Fresh Water Fish Commission, Natural Resource Conservation Service. I hate to.slight any agency, but there's a lot of them. Met the 21-month process, arrived at the end with permits imbued by the state and the federal government to operate the mitigation bank. By way of just information, this is the state document, which controls the construction and operation of the mitigation bank. It's very extensive. Some of the questions I heard related to a bonding. The way the bank is set up, it's constructed in phases. There are very strict requirements before the project starts. There must be construction bonds put into place. Where credits are sold, there also have to be bonds set up to pay for the perpetual management of that phase of the project. And a~ain, I go through infinite level of detail on this. But suffice it ~ say, at this point the bonding requirements are very, very strict. T~ shouId be taken care of. One thing to understand about mitigation banks, are projects that come used in the mitigation bank must first satisfy requirements that demonstrate their project as unavoidable and minimize wetland i~~. FEB 2 2 2000 January 5, 2000 And only then can they come to the mitigation bank. This is not a wholesale trade of wetlands for other wetlands in other places, it's just part of the process. I have on my left an aerial of the project site. I can't tell from your position if the glare is manageable. Can you see it well enough? Again, Mr. Chrzanowski gave a good introduction to it. Let me just run through a couple of physical characteristics of the site. The ag. field that you hear mentioned show up as a lighter color at the north end of the site. The site is 2,778 acres, comprised again of those ag. fields to the north. The area in here that you see is primarily hydric pine flatwoods, meaning pine canopy, wetland vegetation primarily in those areas. They function primarily as a wetland. There's a major cypress slough system here and here, some cypress here and some pine down here. The main -- the mitigation bank's going to do several things: One is reintroduce fire to the hydric pine flatwoods. If you go out on the site today, you can look at this property here, which is Corkscrew Swamp Sanctuary, where they have had an active burn program in for, gosh, 40 years. And when you go on this property, you get out here and you see pine trees widely scattered with areas of palmetto and open grasses, to put it simplistically. This same type of habitat unburned on this site is so dense you can barely walk through it. So part of the purpose of the mitigation ~nk was to thin out some of the overgrowth of vegetation and ~introduce a fire management program to the project. One of the other elements of the project was to restore some hydrologic functions. To the north of this site, historically, from 1940 aerials that we have, there were eight sections of land to the north of here which basically drained to this bank site, drained into this corner of the site and then brought water into here. Over time the land to the north has been converted by Corkscrew Road, different ag. operations, et cetera, to the point where today hardly any water comes in this corner. Most of it is brought through an agricultural ditch to the middle of the site. One of the purposes of the bank would be to take that flow that comes in the north -- it's too tall an aerial -- to the north end of the site, reroute it over to here and try and get some more natural flow to here. Also, the agricultural fields, we will be bringing the elevation of those down to match data we have that shows what the groundwater does naturally. Again, six inches to two and a half foot typically is what the excava -- the scrape-down would be of the agricultural fields. The idea is to create a series of cascading marshes with different hydro periods. One of the main focuses there is to create a variety of marsh habitat, so at any given time during the nesting season for the wood stork there would be some good foraging opportunities. -- The scrape-down of the agricultural fields is a cost to the tigation bank. And yes, we are in front of you for a commer¢ FEB Page. ~0 · January 5, 2000 excavation permit. That's not the term we would like to use, but that is technically what the county requirement is. It is not a very efficient operation removing dirt from the site. Again, a commercial operation designed to earn money digs dirt with big machinery, ke%ps the dirt moving; you know, it's really a dirt-moving enterprise. In our case, we're just trying to get dirt lowered and removed to lower those ag. fields. It's not a very efficient operation. We do need to remove the dirt off site. It will cost us money to do those excavations, not a profit generator. But on the bank site, six inches to two and a half foot, spread over almost 500 acres of agricultural field adds up. That's where we get to the acres we have. The bank was permitted last year. Phase I has already been constructed. Phase I consisted of the restoration of 375 acres of hydric pine flatwood in this area. The initial exotics. The exotics have been removed, weeds and vegetation's been thinned, and fire, three different burns have happened. Several of them were conducted in conjunction with Corkscrew Swamp Sanctuary as a good neighbor. So that has already occurred. Credits have been sold for Phase I. Phase II begins the operation of removing some of that dirt from primarily this agricultural field here, which would take it out Carter Road up to Corkscrew Road. I had an exhibit put together which shows you Six L's Road, Carter Road and Corkscrew Road in relationship to the mitigation bank with the county line. If I could please pass that out. CHAIRMAN HILL: While you're doing that, if I may, you're saying that Phase I was approved without identification of the process for Phase II? MR. DURHAM: No, sir. Panther Island Mitigation Bank, the entire bank was permitted by the state and federal agencies for the operation of all phases. What we have done is constructed Phase I, but the whole bank is permitted. It's just being constructed in phases. And each phase is a self-contained, self-sufficient unit of work out there. CHAIRMAN HILL: I don't understand the permitting process then that requires you to -- that took us out of the first portion of the loop and now brings us back in it after it was permitted. I don't understand the relationship there. MR. DURHAM: Could you clarify for me took you out of the loop? That was the part I don't understand of that statement. CHAIRMAN HILL: Well, I don't think the Environmental Council or EAB or whatever was involved in the permitting process for all phases which included a commercial excavation. MR. DURHAM: If I may, the State of Florida has rules set up to permit mitigation banks, and we followed that process. And that process fairly specifically says that in this case the South Florida Water Management District is the state and local entity to do it. We have had meetings with county staff to try and keep people app~ ~~, .... - FEB 2 2 January 5, 2000 ~his project, but it's certainly not our intention to circumvent anybody. MR. REISCHL: Fred Reischl, planning services. This is a permitted use in the rural ag. district. The only permits required so far, I believe, have been a clearing permit which is administratively approved. So there were no public hearings until the excavation permit kicked in. CHAIRMAN HILL: So your use of the term permitted bank is just a clearing permit on a portion of the property; is that -- MR. COE: When they start taking dirt off, that's why they're coming here. MR. REISCHL: Exactly. CHAIRMAN HILL: But the bank's not permitted then. MR. DURHAM: Sir, we have a permit from the State of Florida, an environmental resource permit from the State of Florida, we have a federal mitigation banking instrument document, and we have a federal Section 404 permit. So -- MR. REISCHL: There are many layers of government. The county is just one. MR. DURHAM: Right. MR. REISCHL: And ours was administrative up to this ~oint. MR. DURHAM: It gave me a headache, too. The handout I presented is just trying to explain a little bit geographically some of the issues in front of you. Panther Island ~itigation Bank is -- technically it is in Collier County. We do -- ;e're right on the county line, as you can see from the handout. To remove the dirt from the site, there's only two options available to us: Carter Road and Six L's Road. We intend to use Carter Road for the eastern portion of the excavation of the site, and for the western portion we use Six L's Road. We had met with Collier County transportation folks months ago. We also went to Lee County, talked to them, said this is an unusual situation, we are actually working in Collier County, but we're going to be using Lee County roads. We were very upfront with them, asked them if there was anything we could do to satisfy folks in that regard. Out of those discussions, Mary Gibbs from Lee County sent a letter to Collier County suggesting certain steps be taken to protect Lee County roads. Her letter was actually the result of some discussions and offers we made to try and keep everybody comfortable with things. We modified our applications with the county to offer up publicly on record our agreement to take protective measures for the road network in Lee County. MR. CHRZANOWSKI: There was some discussion as to whether or not we should include transportation stipulations in our staff report, and it was decided that since the Collier County Pla-ning Coueu/ssion wouldn't be hearing this, that this was the best time to put it in, and the board would get a little prior notice as to what those stipulations were. -- And even though I keep going back to the fact that this FES 2 2 2000 p,. -~' ..... January 5, 2000 commercial excavation, we know that the neighbors are going to talk about it, and this is a good time to do it. MR. DURHAM: One other thing I just wanted to touch on. You had mentioned the name of the impacted wetlands. The mitigation project on the overall basis will affect Corkscrew Swamp and actually the Gordon Swamp. Particular to the reconfiguration of the agricultural fields, the only wetlands that are really involved are some remnant cypress heads that the agricultural worked around, and those are actually going to be incorporated into the mitigation design, who I think technically is looking for the name of those wetlands, which clearly do not have a name. That's why they're called unnamed wetlands. CHAIRMAN HILL: Questions for Mr. Durham? Okay, I would like then to open this to the public for your comments and concerns. Marni, would you call off those names, please? MS. SCUDERI: I actually don't have them all. They're split between the court reporter and myself. CHAIRMAN HILL: Do you need a break right now? THE COURT REPORTER: I'm fine, thank you. I can g~ve her the names. CHAIRMAN HILL: Or let me have them, either one. I don't care. Mr. Marsiglio? MS. COOPER: Can I talk first? CHAIRMAN HILL: Sure. MS. COOPER: I'm Cindy Cooper. CHAIRMAN HILL: Go ahead. MS. COOPER: My name is Cindy Cooper. I live on Six L's Farm Road. I have to read this, because I'm nervous. How would you like to be sitting at your kitchen table, opening your mail to find a letter from an unknown construction company vice president who tells you that dump trucks will soon be rumbling up and down your street every day, every 10 minutes for the next three years? In your mind's eye, look out your front window and down your neighborhood street and imagine what that would be like. Big, loud, dirty 40-ton dump trucks dropping sand and rocks as they roll through. This is our situation on Six L's Farm Road. However, our reality is a dirt road where the dust from traffic and effective maintenance are already a problem. I wish you could drive down our road a couple times before you make any decisions you have to make. Six L's Farm Road used to be quaint and charming, most of the drivers fairly slow and careful not to dust one another. Nowadays, though, the dust is a continual aggravation to the quality of our environment. If there is any wind from the north or the northeast, the constant kicking up of the road dust sifts through the trees, t~ro~gh the windows and onto our tables, floors and carpet and into our -By midday often the air is so full of dust it looks like ~. If there's no wind, the road -- if there's no wind, the dirt that's kicked up, especially by the big, long farm trucks, hangs in the road like fog, sometimes forcing other pickups and cars in their wake FEB 2 2[ January 5, 2000 .__there's nothing we can do, you have to do it yourself." s no tools to do it with. turn on their lights for safety sake. Often the road develops a washboard effect due to the heavy traffic, and during the rainy season it is of course impossibly muddy and full of potholes. Now, this is the reality the Panther Island people want to invade. Their solution to the dust and maintenance problems is, quote, periodic grading and watering, which Six L's Farm already does with short-lived success. Panther Island letter to us claims there will only be 15 dump trucks every day running in the five-hour time frame between the morning and afternoon school bus schedules. That really means 30 truck trips, which really means every 10 minutes a Panther Island truck will be rolling up or down Six L's, in addition to the farm and residence traffic that already exists. And who's to say how many really will go in and out of there with no one of any authority to monitor them? Our little road cannot withstand that kind of usage, whether we've got dry, dusty conditions or heavy rains. I of course would prefer that Panther Island project find another access road. If the use of Six L's Farm Road is inevitable, I think they should have to pave it according to county standards so that the road can withstand the weight and volume of their trucks. Thank you. CHAIRMAN HILL: Thank you. Who else would like to speak? MR. COOPER: The other half of her. I bought the land 24 years ago, 40 acres on Six L's Farm Road. My name is William F. Cooper, excuse me. At that time there was a small road ran through my property, and then later through Wayne Kelly's property back to Six L's. Virtually no traffic on it. Six L's was a small operation at that time. It's now a big operation. We've got groves and many more tomato fields and melon fields and cucumbers and everything else. There's a lot of traffic on the road. The lightly traveled road is now a heavily traveled road. The problem with the dust and the drivers is that they' re only interested in getting back to Six L's or getting back to Panther Island, getting their load and getting back. They make money by how many trips they make. They're not interested in being courteous, they're not interested in being safe. And they're neither for the most part. They'll pass you on the road. And I was pretty nearly run off the road just the other day. I had to follow two trucks on down the Six L's and have a talk with them after they passed me. It wasn't a very pleasant talk either. But we don't have any choice. When we call the county -- here's our problem. We call the county and say, 'Can you do anything about this9 There' s no regulations out there. · County says, "It' s your road, it's on your property, it's a private road, it's not deeded, and But they give Page. 14 FEB 2 January 5, 2000 You're the only tool we have. The only option we have is to go to someone like you and ask, don't make it any worse. Don't add to a big problem that we already have. We have no other way to regulate this. As far as the paving is concerned, they volunteered to do their fair share of paving the road, if we wanted to do it. If we would do it to the standards that will carry their trucks. Why should I have to pay for a road to carry their trucks while they make a profit from it? I don't think that's a fair thing at all. The project itself has some flaws, to a layman. Now, I recognize that that was a very nice engineering presentation. But those lands were never low. They' re talking about -- the word restore was used by your gentleman over here and used by the presenter, and you have used it, and so have you. But they're not talking about restoring that highland. That part of the project is the only part that we have any objection to, because it involves removing the dirt. But that's not restoration. That land was never low. No one ever carried that dirt in there. He mentioned the wood storks. What about the sand hill crane that walk all over this area? They don't like lowlands, they like highlands. When you consider is this environmentally a good deal, this part of it is a trade-off. It's trading highland for lowlands. And I'm not sure that's a good trade-off at all. The wetlands are adjacent to a strand of wetlands that runs from Route 82 to Route 75, which is nearly 20 miles long and it's two to three miles wide. This minor amount, 600 or so acres that they're going to add, is a minuscule percentage of the total wetlands in that area. When you consider the damage done to us, the people who live there, and rate that against the improvement and the quality of the land, I don't think it's a very good trade-off. I mean, there are -- there's lots of other animals involved with the environment, and certainly the human animal is one of them. And this part of that project is not very sound for us. Thank you. CHAIRMAN HILL: Thank you. Anyone else like to speak? Mr. Kelly, is that right? Would you state your name, please? MR. KELLY: Yeah, for the record, my name's Wayne Kelly. I'm a resident of Six L's about 20 years. I moved out there after Dr. Cooper. The issue I see here is just like Dr. Cooper said. You know, I'm not a mitigation person. I understand it and I think it works, you know, like Mr. Sansbury said, in, you know, its intended use. But when you're -- I mean, my dad farmed here, I was born and raised here. Those lands -- the farmers always sought out the lands that were the highlands, you know. I mean, you can look at the map and see they didn;t farm any of the swamp. It was -- you know, the soils won't do it and whatever. And I think the issue here is really dump trucks, and that's -- · this road, I mean, if you went down -- Carter Road's worse tha~ ~./3~i - FEB 2 2 2000 Pg._~_.~ January 5, 2000 road. I mean, I'm not going to argue for them, because I live on Six L's. Six L's tries to maintain the road and the dust is unbearable. The traffic is -- it's dangerous. And if any of you have been around a dump truck operation -- and I know some people that will speak about that -- dump truck drivers are notorious of being in a hurry. On a gravel road, much less the paved road, just trying to come to a stop, you know, is a big deal. I think there's -- my wife called the county. She's a teacher and there's quite a few school kids that catch the bus at the corner right where they would be stopping. The -- you know, the whole idea of trying to regulate it, there is no dump truck police, there's nobody out there. We're caught in a situation. You're doing a Collier County zoning using Lee County roads. And when we called down there -- I know Homer Taylor, head of DOT, personally. He helped pave Corkscrew. I mean, we all lived out there when Corkscrew was dirt all the way to 75, so we understand dirt. He said we have no jurisdiction, it's a private road. So we're forced as residents to come to you and say, you know, help'us, whatever. I mean, our only other alternative is to get an attorney and fight that. We were told that by Mr. Ray Juda that he had the similar situation. And, you know, we feel like we're just a group of residents, you know, being taken advantage of. I've talked to Tim Durham myself and Rob Miller. Six L's drains ho the south. There's about four feet of fall in two miles. I mean, all that water goes that way. The first thing the mitigation people did was came in and built themselves a road in their project without putting a culvert in there. All our water goes down there in sheet flows. We went down and asked about it, and they said, "Well, we don't have enough money to put a culvert in." I mean, I can have several people testify to that. Which I don't think was very neighborly. And, I mean, we're, you know, stuck in that situation. But my real issue is the dump trucks -- the real issue is safety and liability. And if somebody gets killed, it's not worth, you know, one minute of anybody's time to go mitigate or do whatever out there. And, I mean, I feel like we're under a threat for the safety of ? our children at the bus stops. We're driving -- I mean, if you went out there early in the morning or later in the evening or during the day when they're hauling tomatoes out, you would understand that threat, you know, because you just can't see behind the farm traffic that's there. And you've got to understand that that's their existing business. When you throw dump trucks on top of that, you know, com~)eting to get to the end of the road or whatever, you know, somebody's going to get hurt. I hope, you know, not bad. But, I mean, it's -- something's going to happen. We've fought over the years Section 30, which is right next door and then down behind my house; there was two dirt excavations that we ~fought over the years. And Lee County will not permit a dirt p Page 16 .- -- January 5, 2000 commercial operation, whatever you want to call this, to go out a dirt road. They just won't permit it. This thing about we'll grade, we'll water it all, who makes that judgment? I mean, is it every day, all day long, we're running our road grader,' water trucks, you know what I mean, so somebody can see? Because we're back to safety again. You can't see when -- when one dump truck goes down than road, just one, you know, hauling and all that dust, you can't see to pull out or whatever. You know, that's the real issue there. We haven't carried this too far yet. And I've done a little research with -- I've got a friend in the title company business that also lives there. We're not even sure about legal access. There is no established easement on this road. This road was built by Six L Farms some 25 years ago, and like Dr. Cooper said, it's gotten wider and wider as they've graded it. But our property lines go to the other side of where the ditch is, you know, all along there. I've researched that a little bit and will carry that further, if we have to. Six L's just got an additional 200 units that they're building down there for migrant labor that they were permitted in Lee County. I mean, you can do that under agriculture. You can have, you know, so many units per acre. And they're under construction now. Well, there's a whole lot more people that are going to be coming in and out of the -- you know, the road and we're back to the dump trucks and the safety issue again. That's pretty much it. But I mean, I'm just on the safety and the welfare of the people out there, I don't -- I understand business, I understand the mitigation part. I don't understand why they have to take the dirt out in order to mitigate this. I mean, the credits that they receive is some $30,000 per acre just if they take out the -- I mean, from what I understand, or can be, you know, taking out the vegetation, whatever, making this wetlands must enhance the profit potential of this or something, is all I know. Thank you. MR. SMITH: Mr. Chairman, can I ask this gentleman a question? CHAIRMAN HILL: Yes, you certainly may, Mr. Smith. MR. SMITH: I wondered, assuming that there is some good reason for them to have to take out the dirt, maybe to meet some kind of federal requirement that there be wetlands created where wetlands are being taken out at some other place, something like that, if the road, Six L's Road and Carter Road were actually paved during this process, when this is -- this project is finally done, I would assume that that would create a very nice environment for living where you are. Is your issue the dirt -- MR. KELLY: That's probably true. I don't believe you can make anyone pave a road. I mean, I guess you can. The commissioner~ can -- I mean, that's what they did to that Section 30, when they went for a diet pit, they went in three times, it was three miles back to Alico, Corkscrew was dirt. And they said we'll give you the zoning, you know, in order to dig dirt. Now, no one ever dug dirt there. It's still a farm field, January 5, 2000 3ecause it was too cost prohibitive. I think you can ask them. I mean, the paved two miles of road on Six L's and two miles of road on Carter Road, I don't think they'd even want to dig that dirt. Mr. Durham said that it's costing them money to dig it. And I would -- I've got some people that are involved in that. That's easy digging, the first few feet. I mean, you can pan it out, stack it up and put it in trucks. And there's a lot of people out here will pay you $1.50 a yard, because it's quick, if you want it. I mean, that's all farm fields, you know. It's not like we're clearing it. That's -- I don't understand about it costing money, because that can come out real quick. But, I mean, you know, the issue's safety with me all the way down with dump trucks. It always has been with the other pits. I don't want to see anybody killed, and especially one of those kids standing at the bus stop. And they're all day long. And they mentioned that they were only going to run the trucks when the kids aren't there. Well, I think there's, I don't know, high school, middle school, you know, all the different schools. I don't know how many -- you know, close to 30 kids or something. You know, they're trying to run a business. That's impossible to say they're not going to run a truck when, you know, somebody's getting on or off, you know, extended schedules and all. I have to bring it back to reality. You know, there is __nobody to police that. Nobody's going to stand there and say you 'an't run that truck right now. And that's why this doesn't work. MR. SMITH: For the benefit of the council, I used to practice law in Immokalee, and I would take this route occasionally to go down MR. KELLY: When it was dirt? MR. SMITH: Yes. MR. KELLY: Yes. MR. SMITH: And I must tell you that there's a difference between going down a dirt road and going down these dirt roads. Because what you're talking about is when a truck goes by there, you said it, and I don't know that the council members really appreciate it, you can't see anything. MR. KELLY: At all. MR. SMITH: It becomes -- you might as well have -- MR. KELLY: And then you've got -- THE COURT REPORTER: Wait a minute. MR. KELLY: You've got one coming the other -- THE COURT REPORTER: Excuse me, I need one talking at a time. MR. SMITH: You might as well have the thickest fog in the world, because you just can't see. MR. KELLY: Right. And they said they can water it and all. We've been -- Six L's has tried that, you know. I mean, unless you're doing it all the time, by the time they try to water to the end -- I mean, when it's dry, it's dry. And you're back to dust when you turn around with the water truck, you know, because the traffic's blowing 2 2 2000 January S, 2000 CHAIRMAN HILL: Thank you. Anybody else? MR. CASTER: Hi. Good morning. My name, for the record, is David Caster. I live on Capper Lane, which is accessed through Corkscrew to Six L's Farms Road to get to Capper Lane. I am an. excavation contractor. I make my living that way on dump trucks. As a matter of fact, my business license is at my personal residence out there. But I must reiterate what Mr. Kelly said, is that this road is so poorly main -- well, poorly maintained, it's maintained as well as they can do it with the money that they have. But it is so poorly maintained that I don't take my trucks home at night or any other time during the year because of the damage that would be done to my trucks because of the way the road is kept even with the money and the revenue that we have to do it today. The whole -- I have several questions about this whole mitigation project. And being a fellow that works in the sanitation system of installing septic systems from time to time, and daily water usage and daily water elevations in the sand and in the dirt, everything that my company does from time to time is based upon how high the water table gets in the ground at certain times of the year. And living out there and doing -- I must have done 15 or 20 septic systems up and down Corkscrew Road and Six L's Farms Road. The water table drops tremendously during certain periods of the time that are not in the middle of the rainy season. And these wetlands that they keep talking about I have some real serious questions. I don't think that's what we're here to talk about this morning, because from what I understand of the time I've been here this morning, this is pretty much a done deal except how we're going to make it happen. The only way it seems to me that thing can happen is that if Carter Road and Six L's Farms Road are brought up and made to county specifications so that the county can accept them so that they can provide law enforcement to make these roads safe to travel up and down. And even being an excavation contractor with my own dump trucks, these people must be able to follow the laws and be safe with the amount of children that live out in that area and the amount that are going to be there, especially with Six L's expansion of their migrant camps. Without that happening, this project simply can't happen. You must be able to call the sheriff's office and get someone out there if someone is breaking the law. And the only way to have a law on Six L's Farms Road is to make it be a county road so it has to be followed by state rules and regulations and county rules and regulations. It seems to me that you guys can't really make recommendations, but ~'m sure that people talk, and it's got to be conveyed to the people that are going to actually make the final decision that this thing, the only way it can happen is if the roads are brought up to county specifications so that the county can patrol them and wr F .B 2 2 200[ Pac~e 19 January 5, 2000 tickets for people who speed up and down, and so that the drainage during the wet time of the year is such that the water will run off the roads and not be puddled in the roads and so that speeding tickets can be issued, if they're needed. That's the only way that this thing can happen, and I think that's the whole crux of what we're here about this morning. CHAIRMAN HILL: Thank you. Anyone else would like to -- yes, sir. MR. ROAN: Good morning, everybody. For the record, my name is Wes Roan and I'm an employee of Six L Farms. First of all, I'd like to apologize to the people who live on the road for the fact that our tomato contractors who run their trucks up and down the road don't have a little bit more courtesy towards you, and I'll bring that up to the farm manager when I see him the next time. But I just reiterate a lot of the things that everybody said, we do indeed have and are in the construction process for a housing facility for 200 residents, which will be farm labor, and they'll be probably mostly families. There will be families throughout the year as well as then some migrant force during the harvesting season. We did some calculations the other day, just figuring if all of the dirt came off the Six L Farm Road, that you're talking about 50 trucks a day for 365 days a year for five years to move 850,000 cubic ~ards of dirt. That's an awful lot of trucks. And the safety issue and the -- just the general wear and tear on the road as it is, we do make effort to maintain it. It may seem to be inconsequential, but it is an expense and we do it because we have to have as good a quality road as we can to enhance the quality of the produce as it's moved on to the hard roads in order for it to get to the packing house. Probably on the off-harvest times the road becomes a little more damaged, especially in the summertime when the rain comes and it's real hard to grade because it does puddle up and there's really poor drainage off the road. The fact that they talked about the dust that's created by these vehicles that move down the road, I've traveled that road many times, and they're exactly right, you get behind a vehicle and you just have to back up 500 yards or more so that you can see again. And so there's the risk of -- you put an extra -- we probably put 20 or 30 trucks a day on that road when we're harvesting, and you add another 50 a day to that, that's going to be a tremendous amount of pressure on the road. The road in itself is not designed to handle that kind of weight and load. Some of the comments people made about the improvement of the road is definitely something that's going to need to be done. I don't -- Six L's doesn't have any problem with the conservation area. We as landbwners rely on good land stewardship and water management. It's critical to the success of our farms. But at the same time, we're '--fearful of the quality of the road, the quality of the life that it ;ill create for the people who live on our farm as residents, f¢~~~ FEB 2 2 2000 Page 20 -' January 5, 2000 general safety of everybody involved. And I think if we could get the quality of that road improved, possibly even paved, that it would surely solve a lot of the concerns of the residents, as well as the Six L farm operation. Thank you. CHAIRMAN HILL: Thank you, Mr. Roan. Anyone else from the public? MS. MARSIGLIO: As a mother -- my name is Deborah Marsiglio. As a mother, I'm up and down that road four to eight times a day. I have stood behind the elementary kids that the parents haven't come and picked up with my lights on so the other dump trucks and other big trucks can see the kids walking. I think it's a hazard with the trucks coming up and down the road, as with the farm trucks. I don't think it's safe enough. If they can pave it, fine. But as a mother, I don't feel it's safe with the dump trucks. CHAIRMAN HILL: Thank you. There's one other hand I saw? Yes. MR. LYTELL: My name's Bill Lytell, and I live on Glades Farm Road, which attaches to the farm, Six L's Farm Road, about a mile and a half back. I agree of course with what's been said here. Having been there about a year and nine months, I've lived there and traveled up and down the road through the seasons. I do realize that the mitigation folks say that they only want to take part of the dirt out this road. I think 150,000 cubic yards of dirt they talked about taking out, Six L's, and the rest taking out Carter, well, Carter's worse than our road. And of course I don't think anybody's here from Carter Road. That's too bad, really. Also, I'm a little disappointed that you folks went ahead with this without having any power. I wish you would have waited or delayed for six months, is fine with me, get a committee here. Because that's why you are what you are. You're supposed to have a -- I feel like I'm getting a warm feeling and that's about it, you know what I mean? Sometimes I feel like a Christian in the middle of an ancient Roman coliseum and I can hear the lions. As one man said, it looks like this is a done deal. I hope not. I hope you men can talk to the other people you know and that are up further that have power. We are residents of Lee County, but we are coming here because we have no other course of action to take. There is no policing mechanism, though I know they're going to say that there is some policing mechanism. You understand the difference between the ideal and the real. In a meeting like this, people can make promises. They can get up and say well, we will police and we'll do this, we'll do that. But the reality of it is, once it's permitted and once it's done and once things settle down, the truckers and the guys doing it, if they'want to run 20 trucks a day, they're going to run 20. I have to ask the question, what resident in our community is going to stand out on the road counting trucks? Nobody. We're all working, trying to make a living and raising kids. A~.~; FE3 2 2 January 5, 2000 As far as the safety issue goes, it's extremely serious. There are 33 children, at least, that wait at the end of the road. The times that they're there are from 6:21 a.m. to 8:50 a.m. They are picked up from 2:41 p.m. to 5:22 p.m. The 33 children does not include high-schoolers that are driving back and forth or preschoolers that the parents are taking out and in. It does not include those. The 33 children are the kids who actually are at the end of the road; they're waiting for the bus there. Now, the mitigation folks, and I have their letter right here, said that they would not run a half hour before or after the bus. You realize that brings their time frame of running somewhere between 9:30 a.m. and 2:15 in the afternoon. That's it. That's all the time they can run, according to their own words. But again I have to say, who's going to enforce that? Who's going to be there with a watch and say I see these dump trucks are going early today or late today? I also agree with the man, I believe Brother Caster there, that mentioned the easiest dirt in the world to pick up is the stuff right on the top. And I don't know how in the world they tell us that it's going to cost them money to take that dirt out. This is a money-making proposition. This is private. This is Barton Collier Company and Collier Mitigation JV. These folks are in this to make _money. I appreciate their benevolence to try to help the environment, ut I don't think if there was money in it they'd do it. I think .here's money in this thing, and we are kind of been hoping that we can get pushed aside somehow or ignored so that they can go ahead and do this. They'll do this over a three to five-year period. Well, when they've destroyed the road, they leave it, and we're still there. If they -- my suggestion is on this that they pave it up to full county standards, lined with a place where folks can -- you know, you've got to be able to walk along the road, walk along the road, have a bicycle path, whatever. That would probably be to the tune of $800,000, I think, for two miles. I think that will pretty much negate taking the dirt out, because they won't want to spend the money. I also would appreciate you advising if they decide not to go on our road because of the amount of resistance, and they decide well, we'll take it all out Carter Road, that you would block that. Because those dear folks on Carter Road are not here. But there are numbers of residents. I have a petition here of nine -- I have nine families that signed petitions, and I'm sure there'd be more. But if you'd like those -- I really need to make some copies, but I have nine petitions that say they absolutely are opposed to hauling of dirt out the Six L's project by the Panther Island Mitigation folks. I don't know if that means anything to you on these petitions, but we'd be glad to give-those to you, the signed, addressed, phone number of the individuals who live on there. The -- have you ever tried -- have you ever seen a dump truck try ) make an emergency stop on gravel? They can't do it. They Page 22 FEB 2 2 2000 January 5, 2000 it. If my wife pulls out in front of one of those folks -- and it's going to happen. You know, it's dusty, hard to see. If you've ever driven on washboard, there's two ways to drive on washboard. You either drive slowly or you drive real fast. Typically with the suspension that the dump trucks have, it's very hard and very abusive slowly, so technically they drive quickly, jumping over the tops of bumps. And in that kind of environment, which we know people do, emergency stop will be just absolutely fatal for whoever it happens to. As far as I know, you may correct me on this, there are no other · material like gravel pits, places where they take material out, that they have not had to pave the road. Harper Brothers had to pave the road, Youngquist Rock Pit had to pave -- they have a paved road, Florida Rock has paved road. I don't know anything about Collier County, but I would hope that, you know, it probably is true that anybody that's moving that much material out has to pave the road to the county's standards. I realize that would even -- the problems are not all over if that happens, but greatly reduced as far as safety and health. They would still meet -- even if it was paved, I would say that they still need to move during a half hour after the kids are gone and then stop a half hour before, whether it's paved or not paved. I believe that needs to be done. Also, there needs to be an access lane created on Corkscrew Road for turning in. At Youngquist pit, just down the road, Youngquist Rock, which has now been sold out to some other company, they had to create a long entrance to that road, kind of like a side road, you know, to pull over so folks wouldn't be stopping and -- that also is the same, I believe, for is it Harper Brothers down the road on Alico Road? Harper Brothers had to put a big long entrance in there. Those kinds of improvements. Ray Juda -- I'm sorry, Mary Gibbs wrote a letter, which I have a copy, which she suggests that kind of improvement by Lee County; which she sent copies to four different departments of Lee County. I don't know what happened to that any further, but I do have a copy of that letter that she recommends those kinds of improvements. Do we have any assurances? Have they said a word about that? These are the kinds of things. It also, as you can tell by the men who have vested interests in this, there has to be some profit involved in this whole thing. So as citizens without really any power, you folks have the power, you folks have the suggestion, though indeed you have relinquished that, I believe. If you could talk to folks who do have and help us on this, it would be appreciated. CHAIRMAN HILL: Thank you, Mr. Lytell. Does anyone else? -MR. SMIT~: Mr. Chairman, I do have a comment. The figure of 33 children just kind of hit me, because that's about the number of Florida panthers that are said to be around. And we spend 16 million dollars without thought in terms of just building some kind F£g 2 2 2000 January 5, 2000 those panthers to go back and forth from one side of 1-75 to the other. That's just for one underpass. And there must be about 10 of those, plus fencing, plus everything else. I don't know what the millions of dollars are that we spend for the Florida panthers. 33 children. MR. COE: That's only on one road. That's not including Carter Road, probably named after you anyhow. CHAIRMAN HILL: Yes, sir. Were you sworn in, sir? MR. LYTELL: Yes. I'm Jim Lytell, and I live on Glades Farm Road, which is accessed by Six L's Road. And I just wanted to come to show my support. And I agree with the things that my neighbors and friends and brother have said. And there were -- a concern I had was if they create all these wetlands, about mosquitoes, how are they going to control the mosquitoes? They're going to have to have all these shallow ponds of water half a mile from where I live. And other concerns. One concern I had was the -- when you pull out of your lane or your house or your lane from your house onto Six L's Road, the Brazilian peppers and different vegetation that grows right out adjacent to the road where you have to creep out on the road to see down the road, now, we maintain the -- another concern I had was we maintain the drainage ditches periodically on that road to keep he exotic vegetation out of them and stuff. Not very well, I must say. But when the panther mitigation people -- as I said before, they came in and dug a road and kind of blocked our irrigation there. It fell on deaf ears about putting a culvert there so all the water flowing south in the ditches on Six L's Road goes over the road instead of in some kind of culvert where it wouldn't be stopped. And I'm just opposed to running any more traffic for any commercial benefit for anybody on Six L's Road without drastic improvements. Thank you. CHAIRMAN HILL: Thank you, Mr. Lytell. Is there anyone else? Mr. Durham? MR. DURHAM: If I could have an opportunity to respond to a couple of comments I heard. ,~ I have two children. I understand concerns about children. But I want to make sure we have all the facts clear in front of us today as we talk about this. I heard -- well, first of all, let me start with this: The gentleman from Six L's hypothesized how many trucks it would be if they all went down Six L's Road. That's a nice academic exercise, but it's not what we said. We said the majority of it's going down Carter Road. I heard the road characterized as our little road. It is 30 plus feet'wide, just so you have a clear picture of it. And I think I ~_probably did a disservice by not bringing some photos here today. Another comment was that we are taking, what's it called · ighlands or uplands on the Panther Island site and converti~ Page 24 FEB 2 January 5, 2000 marshes. That is not the case. Again, we put -- we did extensive scientific studies. Put monitor wells on site, looked at ground water elevations, looked at 1940 aerials. A long list I can go into. That site that we're converting to marshes historically was a mixture of hydric pine flatwoods and seasonal marshes. The agricultural operations over the years basically created some terrace wetlands on that site. We actually have a four-foot drop across those ag. fields, which is kind of interesting. But suffice it to say, what we are proposing to do out there is restore it, quite clearly, by the state and federal definition of that, by all the scientific data. Obviously attorneys have looked at it and determined there is legal access established down both those roads through the use over time. We didn't go into this blindly. One thing to be real clear on: What we have offered to do is daily watering and grading of Six L's Road. The net result of that will be an improvement to the existing conditions that are out there now. You heard the comment about washboard effect on roads. I agree with that completely. If you do not maintain a marl -- limerock road like that, you do get a certain pattern on it, and trucks tend to go faster to save their suspension. That is why we are offering to do daily grading and watering on that road. Another mention of school children. Just so you're clear on this, the majority of the school children are driven to the end of Six L's Road to a bus stop on Corkscrew Road. We have a copy of the school bus schedule from Lee County with exact times on here. We have looked at that. We are very comfortable with being able to work around that bus schedule. Recognize that's a current bus schedule. This could be a while before we're out there using Six L's Road, so we'll have to adjust to what that school schedule is then. But at least, you know, looking at the current schedule, we can certainly work with that, and it's our intent to. We have an on-site construction office right there at the end of Six L's Road. It will be full-time managed staff, operations there. We are accountable and responsible. A comment about culverts. Somebody was implying that we somehow block drainage. I guess you could make inference that we caused some flooding uphill. That is not the case. As a matter of fact, on our site there are culverts added, which have improved flow. Let me try and keep this succinct. I just heard a lot of comments. Let me stay on point as best I can. Mosquitoes was another issue that was brought up. The way the marshes are designed, part of the deeper excavations are intende~ to have permanent water bodies within the marshes to support fish that will eat mosquito larvae. Bottom line is, we've tried to be good neighbors with the folks to the north. We have responded to every phone call we have gotten. We have tried to have good conversations with the folks. I will tell you that as long as two years ago, a year and FEB 2 January 5, 2000 ago now, we had discussions with Six L's and some other folks offering to be part of paving of that road out there. There was some general discussions about people putting money in and getting some asphalt put down. We responded by saying that if that road was designed to county standards, all right, full-blown road, that we would be glad to participate and pay our fair share. Several entities did not respond to that letter. And we still stand by our position. We'll be certainly glad to participate in an effort for a full-blown properly designed and constructed road. We'll- do our share on that. In the meantime, again, we're trying to construct this. Our contract with the contractor calls for improvement of Carter Road. We acknowledge that Carter Road clearly needs some improvement to be used. We understand that. There's a cost associated with that. One last thing. Somebody implied that we were perhaps disingenuous by saying that it was going to cost us money to haul off-site. My point on that was that all -- everything else being equal, we would prefer not to have to move dirt off our site. The moving of dirt off our site is in itself not a revenue generator, because of the inefficiencies of that operation. Certainly Panther Island Bank is supposed to make a profit. I don't know anybody who would enter a business venture with any other goal in mind. I just --wanted you to be clear on that. We have gone on writing with our commitments to meet the requirements that Mary Gibbs from Lee County submitted to Collier County staff. We're trying to work with both counties. We're trying to be good neighbors. We've been as responsive as we think we reasonably can be. We propose to be responsive in the future. Beyond that, I can just answer questions. MR. COE: How would you -- how would it be prorated, so to speak, as to how much money each entity would pay for the road? Like would a truck moving along that road have to pay more than, say, an individual resident who maybe goes down the road twice a day; whereas, a truck may go down the road 50 times a day? MR. DURHAM: Sure. The discussions -- there's a gentleman here named Mr. Rob Miller, who is with Florida Wetlands Bank who has prime authority on construction and operation of the bank. I don't know if Rob would like to address that any further. But we did not get as far through those discussions as we would have liked to have. I can't tell you the details. Perhaps Rob could give you a little more on that. MR. MILLER: My name is Rob Miller, I'm executive vice president with Florida Wetlands Bank, and the managing partner of the Panther Island Mitigation Bank. A comment was made that somebody felt that they were being taken advantage of here. I have, over the past year, year and a half, expressed numerous times to the residents of Six L's Farm Road my ~._willingness to sit down with them and to meet with them, our · illingness to discuss the improvement to Six L's Farm Road and to arter Road. Page 26 FEB 2 2 2 20 January 5, 2000 We realize that for us to utilize those roads, they have to be improved. We intend, in the normal course of our business, in using those roads to widen Carter Road, to improve the base on both Carter and Six L's Farm Road while we are using it. The illusion that some residents have made that this road is being properly maintained is absolutely false. It is being maintained at a standard, as somebody said, of what they can afford to do. We will be maintaining that road in the proper condition as necessary. If that means that we have to have that water truck there every day, if that means that that road has to be graded every day, then that's what we're going to do. We want to move that material out of that site in the safest manner possible with the least impact to the residents. Every concern that has been brought to our attention we have addressed. Every time we address a concern, a new concern is raised. If anybody should be standing here feeling like they're attempted to be taken advantage of, I think it should be me. We have offered to pay a proportionate share of the road. Now, we're talking about a road that we're going to be using over a three to four, five-year period of time. The benefit that these residents are going to have from this road is going to well extend beyond that period of time. So to say that for us -- and we're not a commercial rock pit. We're not going to be operating this pit for 10, 15, 20 years, generating millions and millions of dollars from the sale of fill. The fill component of this project is not a revenue generator. It costs us money to dig the material, it costs us money to dispose of the material. We are not going to recoup our cost of digging this material through disposing of it off-site. We won't come close to doing that. That's not the purpose of us removing the fill from the material. MR. COE: You can't sell fill for the same price that -- MR. MILLER: I can't sell fill material for the same price as Corkscrew Mining or as the old Youngquist Pit can. MR. COE: Why not? MR. MILLER: Because I have a haul that's three to four miles longer than they have. Now, you -- the sale of fill, fill costs a certain amount on the open market. The longer the trucks have to travel to pick that material up, the more the material costs. MR. COE: I understand that. MR. MILLER: So you can't be -- MR. COE: Three or four miles is that great of a cost to you? MR. MILLER: It's not a cost to me, it's a cost of the trucker getting to the material. That has to be figured in. When they can go to a Youngquist or a Corkscrew Mining to buy fill and they don't have to travel three to four miles longer, their cost of the material is substantially less. So we c~-not sell our fill at what the market rate is for a pit that's right on a major road. We're not on a major road, we're well off of a major road. MR. COE: You could sell it for that, but you couldn't make as Pag~ 27 .- FEB 22 January 5, 2000 much profit; is that correct? MR. MILLER: Sure. MR. COE: Okay, that was the answer I was looking for. MR. MILLER: Yeah, and -- MR. COE: You're going to sell it for the same amount of money, and you're still going to -- MR. MILLER: We don't know that. MR. COE: -- make money, you're just not going to make as much money. MR. MILLER: We had another -- I'm not -- I don't believe that's true either. We had another bank in Timber Pines; we were right on a major road. We could not sell the material at the market rate and get the material off the site in the time frame that we needed to do it. MR. COE: Then why do you -- MR. MILLER: So we had to give that material away. MR. COE: Then why do you want to do this project? MR. MILLER: We're doing this project to create the wetlands, not to excavate and -- MR. COE: So you're just being good guys here? You're just helping -- MR. MILLER: No. MR. COE: You're trying to say -- MR. SANSBURY: Mr. Chairman, I don't think that's a fair 3esponse. That's not what we're talking about here. And I'm sorry, we're going to treat people right. That's not the way we should -- MR. MILLER: You're trying to say that we're generating a profit from the sale of fill. That's not true. We're generating money and profits from the sale of credits. That's where we're generating our money. If you look at the still component of the project, it is not a revenue generator. So to say that that's a commercial operation is not correct. So what I just want to express to this council is that we still have the willingness to sit down with the residents and with Six L's Farm Road; we still have a willingness to share in the cost of constructing and improving Six L's Farm Road, if that's what they choose to do; we will in either regard improve the base and take the precautions necessary to ensure the safe removal of our material from the site. CHAIRMAN HILL: Thank you very much. Is there any other public comment? I will close that portion. I think we have as a council some serious discussion required in order to handle this properly. For the benefit of the court reporter, however, we've had her walking her fingers for over two hours now, and I'd like to suggest a five-minute break to give her a little respite. We will reconvene at 11:10. (Recess.) CHAIRMAN HILL: We will petition to the County Commissioners next ~onth for a gavel. I'd like to reconvene this meeting of the Environmental A Page 28 FEB 2 2 2 8il January 5, 2000 Council. I want to apologize to the public that are here to address the Panther Island Mitigation Bank for the fact that this council does not have for this meeting a quorum which would allow us to take an official action to present to the Board of Commissioners. However, at this point in time, I want to recommend to this council that we do -- or take whatever option is available to us in order to get the public's concern to the commissioners. I understand we can still, because we don't have a quorum, can continue this to February. There are perhaps other options for us, because I think the concerns are significant enough that we need to look at this long and hard for a variety of reasons: The safety, the health, the two-county operation. Ail of these factors are significant enough that I think this council has to assume its responsibility and make sure that those concerns are made to the County Commissioners, in whatever forum is available to us. Mr. Mulhere, I think you probably can advise us as to the options that are available. MR. MULHERE: Thank you. For the record, Bob Mulhere, planning services director. I can tell you how petitions for which there was not a quorum have been handled in the past. I can also tell you that I think the applicant has the ability and the right to request that it be heard by the board, regardless of the recommendation, necessarily, of the Environmental Advisory Council. Of course the board will consider that recommendation. That recommendation being there wasn't a quorum, we could take no action. If the Environmental Advisory Council is recommending that the petition be continued until February, the applicant still could insist that we carry that forward to the board, and we would carry the message to the board that the EAC has recommended that the petition be continued until a quorum could consider the item. CHAIRMAN HILL: With an emphasis on the reason for our request for continuance? MR. MULHERE: I think under any -- you certainly could do that, but under any circumstance in the past, an item for which there was not a quorum, the EAC has -- and correct me if I'm wrong, Barbara and Stan, but in my experience the EAC -- prior to that, the EAB -- had always recommended a continuance of an item for which there was not a quorum until a quorum could hear that item. MS. BURGESON: That's right. We've -- in the past, in the 10 years that I've been with the county, no item has gone forward without a formal motion from the board. MR. MU~.~RRE: Now, I just throw the caveat out there that ~be applicant I think could still request that we bring the issue forward to the board for consideration, but the board's consideration would be whether or not to hear the item without this committee having h~the opportunity with a quorum to hear the item and make a formal recommendation to the board. I would also just throw another caveat out, and that it FEB 2 2 January 5, 2000 again, if we look at the Land Development Code and the language that establishes this council, some of the issues, in my opinion, and it's only my opinion at this point in time, are somewhat beyond the scope or the parameter of this council. I believe those are issues that the Board of County Commissioners needs to deal~with. In this case, the item doesn't go to the Planning Commission, so the Planning Commission will not deal with it. CHAIRMAN HILL: Such as, Mr. Mulhere? MR. MULHERE: Such as transportation issues. And I say that with the caveat, unless you feel there are environmental issues associated with those transportation issues. I think you have to provide that nexus to the board with your recommendation if transportation impacts are one of the reasons why you would place a condition or otherwise not support this petition. Because really, the parameters of the EAC are relative to water management and environmental issues. So I think if transportation has some environmental or management impact, then I think you are within your parameters. If hours of operation have some environmental or water management impact, then I think you're within your parameters. CHAIRMAN HILL: Environmental Impact Statement does address traffic. MR. MULHERE: And well it should. CHAIRMAN HILL: And therefore, I think would legitimately come in :he purview of the EAC. MR. MULHERE: And I have no problem with that. I just feel it's important -- CHAIRMAN HILL: That's contradicting what you just said. MR. MULHERE: No, I don't think it's necessarily contradicting. What I said was if you make a recommendation, I think you need to provide a nexus as to what the environmental impacts associated with that condition or recommendation are. CHAIRMAN HILL: Okay. MR. SANSBURY: Mr. Chairman? CHAIRMAN HILL: Yes. MR. SANSBURY: Just two questions. Number one, to get the discussion that we've had before the County Commission, can we not at the end of the meeting make a motion to forward the minutes of this meeting to the County Commission and with a cover letter from the chairman or something to please review the item, this item was discussed. That would get it. I mean, the petitioner then may petition to go ahead, but the County Commission would have benefit of being able to review the discussion that took place. MR. COE: Well -- MR. SANSBURY: Let me finish. That's number one I wanted. The second thing I have is that we're talking about an issue here that' where does the jurisdiction, governmental jurisdiction of this board end? We're talking about an issue regarding transportation /~--~roblems in Lee County. I know it's generated by something that's .appened in Collier County, but are we not somewhat out of ouz, Page 30 FEB 2 2 January 5, 2000 jurisdiction on making a decision on something that's in Lee County? Should this not be the Lee County commission that's hearing this and not this environmental advisory commission -- committee? MR. MULHERE: Well, I think Lee County, both residents and elected officials and appointed government employees, have the opportunity to comment. That's why we notified the -- MR. SANSBURY: No, I don't question that. I don't question that. MR. MULHERE: And again, I don't think that -- and again, this may be a better legal question, but you asked my opinion, I'll give it to you. I don't think that the county can place restrictions on roads in Lee County, but they can place restrictions on the development, which is in Collier County, which may impact their ability to utilize, for example, hours of operation. That's certainly going to impact their ability to use those roads at certain times, although those roads are located in Lee County. I think they're well within their -- the board is well within their rights to do something along those lines, place a condition that may impact their ability to operate during certain hours. I mean, that's one of the normal conditions that can be placed on such an operat ion. And yeah, that's going to impact, because they're choosing -- because the routes that are available go through Lee County, the effect of such condition would be that the board was placing a limitation on their ability to function outside of Collier County. I think that they are within their rights to do that. The use is located within Collier County and, therefore, Collier County has the jurisdiction. It certainly is -- requires some interlocal governmental coordination because of the proximity to Lee County and because the use will have an impact on Lee County. Excuse me, I think I said Collier County, I meant Lee County. MR. COE: I'm a little bit concerned, because I question whether the citizens are being -- and I'm including the Carter Road ones, and I know there's nobody here, but I don't know whether they're being -- I mean they're representing themselves but, you know, they're paying taxes to -- of course to Lee County. I guess you all are Lee County. And nobody from Lee County is really coordinating with our county people to -- and with the people that are going to do the development there. And with Six L's trying to coordinate and figure out who's going to pay the road, who's going to pay how much and that sort of thing. Or if that's going to be done. Why not? Why isn't that being done ? MR. MULHERE: Well, I would say two things: One, we contacted and sent a notice to Lee County. They responded to us, and their concerns in writing are contained within the recommendation of the county staff. If they -- perhaps you feel they should have gone further than they went, that item I think would need to be brought up between the residents and the reviewing entity for Lee County, or it could also be brought up at the board's hearing on this item by Collier County residents or Lee County residents, or people who live in another state but own property down here ..... FE8 2 2 2930 January 5, 2000 Everyone that owns property should have an opportunity to express their concerns. And if one of those is who's going to pay for the impacts to the roadway, if it was within Collier County, we would charge an impact fee for every trip that would cover the cost of impacts to the road. If that is a condition that Lee County would like to see imposed, they need to tell us that, and what methodology they would propose, so that the applicant can have an opportunity to look at that methodology and respond, whether it's satisfactory or not. As I understand it, they're in negotiations to discuss those very items with representatives of Lee County, but I do not know where that stands. I think it's a good question. Perhaps the applicant could respond to that, or respond to that prior to the board meeting. MR. COE: Well, the only thing I see that the people can do now is get an attorney. And they're in a catch-22 at this point. The county's not helping them, and we I guess can't help them because their county's not helping them, so they've got to get an attorney and fight it. MR. MULHERE: Well, and I think -- MR. COE: So now everybody's got to get an attorney. MR. MULHERE: And I also think that they have the oppor MR. COE: Nothing against attorneys, mind you. MR. MULHERE: But I think that anyone has the opportunity to ~ither in writing or in person make their comments known to the board, who is the body who will make the final decision on this land use item. The EAC I think has a couple of options. I think your recommendation could be consistent with past actions where there wasn't a quorum that this be continued. And then either the applicant will request to go forward or will understand that there's a continuance and that the board will hear that after you have a quorum, perhaps in February. Or you could recommend that it go forward, as I think Mr. Sansbury indicated, with copies of the verbatim minutes and a staff summary of the discussion at this EAC meeting. MR. SMITH: Mr. Chairman, I have a comment here. The -- as I looked at the figures here, and I may be wrong about this, but there's a -- the site is 2,778 acres. And the maintenance, annual maintenance, alone is $5,000 an acre. That's $13,590,000 annually. I may be wrong in my math on this, and if I am, I apologize, but there's big numbers involved in this. And I just for the sake of common sense would wonder if the people who are planning this project could weigh the cost of putting out trucks on a daily basis with water running up and down those roads and having to worry constantly about the safety of children and liability and weigh that against the actual, you know, just bite the bullet and put the darn -- I mean, these folks, that's all they want is not to have the dust. CHAIRMAN HILL: Mr. Cornell, could I relinquish the gavel to you for a minute? Would you accept that, please? MR. CORNELL: Sure. CHAIRMAN HILL: I'd like to move that the Environmental Page 32 FEB 2 2 January 5, 2000 Council, having heard this petition and public input in the absence of a quorum, are deeply concerned about the impact of this development and this petition, and request that it be continued and brought back before the EAC at its next regular meeting. And if this is still presented to the Board of County Commissioners, that we make every effort to urge the citizens' comments through our minutes or any way possible be forwarded to the County Commissioners. MR. CORNELL: Does the motion have effect? MR. MULHERE: I'm going to defer to the assistant county attorney as to whether or not -- I mean, there's not a quorum, except you're not making a recommendation on the project, so it's a question of whether everyone can vote on that motion. CHAIRMAN HILL: It's my understanding that we could do that. MS. SCUDERI: To be honest, I'm going to have to call upstairs. That is someone in the office's -- that's what they do. And just to give you a definite answer, I'll need to call my office. MR. CORNELL: Well, now, your motion is to continue the item? CHAIRMAN HILL: To continue -- MS. SCUDERI: As opposed to making a -- CHAIRMAN HILL: -- but with the caveat that if the commissioners wish to consider it at their next meeting, that we make every effort to get before the commissioners the public comments and our concerns MR. CORNELL: Yes. CHAIRMAN HILL: -- which is the reason for continuance. MR. MULHERE: We would do that anyway. I mean, you can certainly make that part of your motion, but the staff would do that on any petition. So I need to say that, too. MR. CORNELL: Well, Barbara -- CHAIRMAN HILL: In the past, I've felt that sometimes not all of our concerns get to the commissioners. MR. CORNELL: I think you said, Barbara, this is typically what has happened when there was not a quorum. MS. BURGESON: In the past with the EAC and the EAB, the preceding boards, all the items have been continued to the next meeting. MR. CORNELL: Sure. Well, that's basically what you're -- CHAIRMAN HILL: Yeah. MR. COP. NELL: I'll second the motion. MR. SANSBURY: Mr. Chairman, I think the part of the motion of getting the minutes to them serves our purpose. I mean, the discussion here I think is very involved, I think everybody understands the people -- what the problem is that the residents ~ave. And having those minutes in front of the commission serves the purpgse. I don't see the p%~rpose of bringing it back again. Well, there was a little strategic reason for CHAIRMAN HILL: MR. CORNELL: MR. CARLSON: that. Other discussions on the motion? If we're about to put this to rest at this 2 2 2C 0 January 5, 2000 I would like to make a general comment on this, and that is that speaking about just what's happening in Collier County and speaking just from an environmental standpoint, my first experiences on Corkscrew Road were back on the Sixties when you would drive in a typical wet season and it would be under water, as would Carter Road. Because we've used that road for years to access the north end Corkscrew Sanctuary. I have since watched a progressive dewatering of Southeast Lee County. There's just absolutely no doubt about it, the water levels have been lowered primarily because of agricultural activities that discovered a topographic relief that could move the water off Southern Lee County into Collier County. This project, there's no doubt, and I think -- is it Dr. Cooper, you brought this up, whether there were environmental merits to this. There is no question that there is. It's a good environmental project. The types of wetlands that will be restored on this site are just exactly the types of wetlands that were hardest hit by the drainage of Southeast Lee County. There is no question. You'll be wasting your time going there. You're welcome to do it. But there's no question, there's environmental enhancement, environmental benefits to this project. MR. CORNELL: Further discuss on the motion? CHAIRMAN HILL: Call for the question. MR. CORNELL: Now, I guess that you two guys recuse yourselves from this vote, or -- so four of us would vote on the motion to -- MR SANSBURY: If we can't vote, you can't vote. MR CORNELL: Okay. So let's the four of us vote on -- MR SANSBURY: You can't do it. MR CORNELL: -- the item. MR SANSBURY: You can't do it. You don't have a quorum. MS SCUDERI: I can call my office and ask. There is a fine line between whether or not this is a substantive issue versus the continuous. I'll really need to call to give you the definite answer. There is someone in my office who deals with that specifically. MR. SANSBURY: We're voting on a continuance. I think everybody can vote on a continuance. MS. SCUDERI: That's the question that I want to talk to -- MR. CORNELL: It sounds procedural, but you're the attorney, not me, so -- MS. SCUDERI: -- make sure it's not -- right. I just want to make sure I'm not giving you bad advice, so -- CHAIRMAN HILL: Please. Okay. MR. SANSBURY: Let's hear from Bob. CHAIRMAN HILL: Mr. Mulhere, we will now proceed to the request for you to address -- MR. MULHERE: Okay. We need to -- do we need to table this item until she comes back and -- CHAIRMAN HILL: Yeah. I'll accept the motion to table Page 34 FEB 2 2 January 5, 2000 MR. SANSBURY: CHAIRMAN HILL: MR. CORNELL: CHAIRMAN HILL: Opposed? (No response.) MR. MULHERE: So moved. -- the attorney's representative. Second. All in favor? Okay. And I don't know whether this was -- this discussion that -- I think that was added to the agenda, and then unfortunately, I'm sorry, I wished I could have been here at the beginning of your meeting, but I was in another meeting. And as I understand it, the chairman asked that I come back and give you an update on the TwinEagles matter. And I've also included in that discussion beyond TwinEagles an update on some of the ongoing efforts to address the Governor's final order and where we stand with those comprehensive plan amendments. As you probably are all aware and read in the paper, in federal bankruptcy court recently, Judge Paskay rendered a finding wherein several -- he adjudicated several issues. First, that the plaintiffs, which were numerous, but included some property owners in proximity to TwinEagles and also Florida Wildlife Federation and I believe Collier County Audubon. His finding was that they did not have standing in this matter, some of those plaintiffs. Secondarily, his finding was that the development was consistent with the Collier County Comprehensive Growth Management Plan in effect at the time of approval. And thirdly, that the approval of the plat, which was the instrument that was being challenged in this case, was that the approval was administerial in nature and that the -- and I guess one -- or I will certainly draw from that finding that the appropriate instrument to have been challenged would have been the rezone from PUD to agriculture and not the subsequent plat approval by the board. If you recall -- just a brief history. If you recall, originally TwinEagles came in the form of a PUD with a number of commitments by the developer. That was challenged. And therefore -- and as a result, the applicant requested the board restore their agricultural zoning of the property, which in fact happened. The original challenge was -- it went away. I ~uess the term is without prejudice, but I don't know exactly what that means. I'd leave that to the attorneys. But anyway, that original challenge to the PUD, when the PUD was rezoned back to agricultural, went away. And subsequent to the agricultural zoning approval by the board, the board approved a final plat for Phase I of TwinEagles, and that was what was challenged, and it ended up in bankruptcy court and bankruptcy court retained jurisdiction over the matter. And so those were the findings. I do read in the paper -- I have no firsthand knowledge, I ca~ only can tell you, or report to you that there is some discussion of appeal by the plaintiffs to that finding. Whether or not that will actually happen, I do not know. But the issue is really one of whether or not the Twin ~age. 35 FEB 2 2 2UD0 January 5, 2000 whether or not any individual agrees with the type of development or thinks it's appropriate for that area was not the issue. The issue was, was that approval consistent with the comprehensive plan and was the plat the appropriate instrument to challenge. And the judge found in favor of TwinEagles and also in favor of the county in both -- in all of those items. I wanted to give you a little bit of an update on where we stand with some of the growth management issues that are required by the final order. As you know, the two committees, one for the rural fringe and one for the other rural area outside of the fringe, are meeting on an ongoing basis. We have legal representation from -- by Nancy Linnan, from Carlton Fields. The first -- one of the first things we had to do for the final order was to repeal the non-compliant EAR amendments that were upheld to be non-compliant by the Governor and Cabinet. And we did that through an amendment which we call CPR-99-1. We did that back in September. And that is being challenged. I do not know what the status of that is. It is being challenged by Florida Wildlife, and I believe also again Collier County Audubon. I do not know what the status of that challenge is. It's working through legal proceedings. Again, the purpose of that, CPR-99-1, it was required by the final order as the first step, and that was to repeal the issues which --',ere found to be non-compliant by the DCA, by the administrative law udge and ultimately upheld by the administration commission. Second thing that we had to do that you probably are a little bit more familiar with was CPR-99-2, and that was establishing Natural Resource Protection Areas boundaries and interim amendments to allow the rural agricultural assessment to move forward. And we did that through what we call again CPR-99-2. And we received word -- I received word by telephone call on this past Thursday. And I have not received written verification of that, though I did read an article this morning in the paper that confirmed the telephone call that I got on this past Thursday that the Department of Community Affairs found CPR-99-2 in compliance. And again, you'll recall that that was the Natural Resource Protection Areas for several special study areas. And there was some .~ controversy as to the boundaries, or some discrepancy. Controversy is probably not the right word, but discrepancy as to what those boundaries should be. However, the Department of Community Affairs did find us in compliance on CPR-99-2. I'm not going to spend any time talking about whether or not that will be appealed. I'll leave that up to the newspaper and other individuals to discuss. Finally, CPR-99-3, which is also required by the final order, separate set of amendments, that was transmitted by the board on November 23rd to the DCA. We have received from the DCA what's called an ORC, which is an Objections, Recommendation and Comment Report. ~_It's really a very standard process. I would tell you that I'm optimistic that we can addresE Page. 36 FEB 2 2 January 5, 2000 relatively, in my opinion, minor issues raised by the DCA on that ORC. One deals with providing specific locational restrictions for farm worker housing to ensure the farm worker housing will be located in close proximity to services, transportation, work, education, employment, other types of services. And the second deals with maintaining or reducing hurricane evacuation times and means of evacuation. And again, I feel confident the ORC actually provides some specific recommendations to us. And it is fairly common that we would receive an ORC on a volume of amendments such as those that were contained in CPR-99-3. And the process is that when we transmit the amendments, we will want to address the two issues that were brought up by the -- oh, excuse me, when we adopt the amendments, we'll want to address the two issues that were brought up in the ORC by the DCA. And that will happen by the board sometime in the next several weeks. So that's really an update of where we stand. CHAIRMAN HILL: Thank you very much. Is there any question or comment? MR. SMIT~: Can we get copies of these ORC's? MR. MULHERE: Sure. And you'll be getting them because I was distributing them to the committees, but I'd be happy to distribute them to the EAC as well. CHAIRMAN HILL: Is that CPR? MR. MUI~ERE: Yeah. Comp. plan remedial -- CHAIRMAN MILL: Cardiopulmonary resuscitation for Collier County? MR. MULHERE: They're just -- everybody uses different letters to track these things, so they don't mean much. The state uses a different letter, the county uses a different -- CHAIRMAN HILL: Thank you very much, Mr. Mulhere. MR. COE: Oh, we need to find out if somebody has advertised for a new member. CHAIRMAN HILL: They have. MR. COE: They have? CHAIRMAN HILL: Yeah. MR. MULHERE: Can I just add one other item that Bill Lorenz is reminding me of, and it's tied into this discussion, is that the EAC has as a standing committee, or subcommittee, a growth management subcommittee. And that's I think an item that really needs to be addressed by the EAC in terms of creating that subcommittee so that we can keep that subcommittee informed on a regular basis and work with them as we develop future amendments. And of course then that committee could in turn keep the full EAC up to date. CHAIRMAN HILL: Thank you. You know, I -- at the risk of extending this any, I'd like to take about one minute to take make a comment which I feel very strongly about. "From time to time, the EAC is accused of overstepping its boundary in considering things out of the purview of the environmental aspects of any petition. That may be true. And if we're violating our charge, then I apologize on behalf of the council. FEB 2 3 2 00 January 5, 2000 However, it seems to me that this group is one very viable component in the Collier County process of growth management planning, et cetera. And if we have to operate with very focused blinders on, then I don't think we can do our job properly. As long as we don't use the aspects out of our purview to influence a decision. But I think it's imperative that every county agency look at the full scope of everything associated with the petitions that come before us. And I think it's somewhat unfair to tell this council that we can't ask certain questions because they happen to be perhaps beyond our purview. If we can't function as an integral part of the Collier County process, then I think it's time to look elsewhere. Having said that, I'm not going to have any discussion, I'm going to -- Marni, have you got a decision for us? MS. SCUDERI: I do, actually. I've spoken to David Weigel, who is the county attorney, and I explained the entire situation to him. What he told me is that a continuance in this situation really will not work, due to the fact that Mr. McVey would be the member that we would need here, that he has not heard everything that has occurred today, that there is a record in this now, and that basically everybody here would have to start from scratch in front of Mr. McVey again. And I believe that is the member who we need for the quorum at this point. He did see the problem, the possible problem, with having a vote ........ ~ith the members who have already said that they cannot vote getting n the vote for passing the minutes on. What he did say is that if this goes to -- when this goes to the County Commission, that staff actually can just forward the minutes, because they are a public record. So that the vote does get problematic at that point due to the fact that we really do not have a quorum for any type of a vote. CHAIRMAN HILL: So what you're saying, the motion is somewhat out of order, but that part of it will in fact be realized by staff forwarding the minutes; is that correct? MS. SCUDERI: Right. He stated that it is a public record and staff can just forward the minutes to the Board of County Commissioners. CHAIRMAN HILL: In that case, if the seconder will -- MR. CORNELL: I will. CHAIRMAN HILL: -- take back his second. MR. COP, NELL: I will. MR. CHRZANOWSKI: Just for the information of the petitioner, I've been told that it takes two weeks to get the minutes. They would have been on the board hearing for the 24th or 25th, which means by next Wednesday I would have had to have the packet ready. That's going to push them back to the first meeting in February. MR. MULHERE: Unless -- and we will look into attempting to have those expedited and absorbing the cost of that, whatever that is. CHAIRMAN HILL: Maybe a partial -- is a partial set sufficient, ~pr do we have to set the entire minutes? MR MULHERE: I think we can make arrangements to have . the ...... Page 38 January 5, 2000 transcription expedited so that we could have it in the board's package. MR. COE: She's not smiling. CHAIRMAN HILL: She can handle that. MR. SANSBURY: Yeah, she can do it. CHAIRMAN HILL: She can handle us, she can handle that. (End of Excerpt of Proceedings) TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE R. LEONE Page 39 FEB 2 2 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.728 OTERO LAKE 3 COMMERCIAL EXCAVATION LOCATED IN SECTION 29, TOWNSHIP 47 SOUTH, RANGE 28 EAST: BOUNDED ON THE EAST, WEST, AND SOUTH BY VACANT LOT AND ON THE NORTH BY 70TM AVENUE NE R/W AND VACANT LOT. OBJECTIVE: To issue Commercial Excavation Permit No. 59.728 for Otero Lake 3 Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 25,599 C.Y. to be hauled off-site. 1,900 C.Y. of fill material will remain on site. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Community Development Fund Agency: County Manager Cost Center 138900 - Development Services Revenue generated by this project Total $1,808.00 The breakdown is as follows: a) Excavation Review Fee - $ b) Excavation Permit Fee - $ c) Road Impact Fee - $ 850.00 141.00 817.00 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the issuance of Commercial Excavation Permit No. 59.728 for Otero Lake 3 Commercial Excavation with the following stipulations: The excavation shall be limited to a bottom elevation of 12 ft. below top of bank. Ail distributed areas proposed for lake excavation shall be excavated to a n'finimum depth of . 6' below the dry season water table. FEB g g 2000 10. 11 Off-site removal of material shall be limited to 25,599 C.Y. and shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached). The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered tO. Where groundwater is proposed to be pumped during the excavation operation, a Dewatering Permit shall be obtained from South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. No blasting will be permitted. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. Stockpile side slope shall be at a maximum of4:l unless fencing is installed around the entire perimeter of the stockpile area. Any stockpile in place for a period of exceeding 60 days shall be seeded and mulched and erosion control device installed. Limit of operation shall be one year with provision for a one year extension. FEB g 2000 SENIOR ENGINEER DATE REVIEWED BY: O S E. KUCK, P.E. !N~INEERING REVIEW MANAGER I{b~ERT J. ~ILLHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRAIOR COMMUNITY DEV. AND ENVIRONMENIAL SVCS. DATE DATE DATE SC/den/h:/Mane's EX SUWiXLARIES .o. FEB 2 2 2000 Otero3 4 ,:AveN .,. : CSSIN Omt 0,8 AGENDAIT. FJ~ FEB 2 2 2000 COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS LNVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial wad shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate rum lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Admini~tion reserves the right to suspend or prohibit off-site remove of excavated material should such removal create a hazardous road condition or substantially deter/orate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. o Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees m accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Adminiaa~ion reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the pwcedm for establishment of weight I/mits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be illStillRed, the permittee shall be responsible to irr?lement mea..~ees to assure that all heavy truck loadings leaving the permit's pwperty conform W the applicable weight re,fiction. The Exc~v'~ion P~u-fo~mm~ce ~ ~ ~ly to excavation operations ~ also the maimmss~e,'~pair of public roads in acx:o~,,,,,ce with current ordinances and app~ EXI:rmIT 'B" No. FEB 2 2 2000 Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be subrmrted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Co Control of size/depth/number of charges per blast by the Development Services Director. The right of the County. to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 Pa~ T~v~ ~ T~o- FEB 2 2 2000 EXECUTIVE S~Y REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF SHORES AT BERKSHIRE LAKES PHASE TWO-B AND APPROVAL THE STANDARD FORM PERFORMANCE SECURITY AND CONSTRUCTION AND MAINTENANCE AGREEMENT OBJECTIVE: To approve for recording the final plat of Shores at Berkshire Lakes Phase Two-B; and to approve the Standard Form Performance Security and Construction and Maintenance Agreement. CONSIDERATIONS: The Board of County Commissioners on November 3, 1998 approved the final plat of Shores at Berkshire Lakes Phase Two with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. The developer has subsequently recorded the subdivision plats in Phases. FISCAL IMPACT: The fiscal impact to the County is listed below. project cost is $515,951.30, to be borne by the developer. The The security amount, equal to 100% of the cost to compiete the remaining improvements and 10% of the total cost of the project, is $70,185.13. 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: $14,188.63 (all of Unit Two) Fees are based on a construction estimate of $735,567.66 (all of Unit Two) and were paid in February 1997, and are reflected in the Executive Summary of November 3, 1998. FEB 2000 Executive Summary Shores at Berkshire Lakes Phase Two-B Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Shores at Berkshire Lakes Phase Two-B", with the following stipulations: 1) Approve the Standard Form Performance Security and Construction and Maintenance Agreement to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Shores at Berkshire Lakes Phase Two-B" upon execution of the Security and Agreement. 3) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P~. Engi ering Revi ~ Manager ~obert ~ulhere, AICP Planning Services Dep~rtment Director V~ED BY: /~ q Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Date Date Date FEB g R26E vic~lM'rY SlAP GATE 10 11 SECTION; ! STATE OF FLORIDA ) 5'5 ¢OUNrr OF COLLIER ) FIRST NATIONAL BANK OF A RECORD bVTEREST IN T, AGREEMENT IT HOLDS A~ 1740 THROUGH- 1X6~ IN¢ RAVF~, CONSENT TO, AM THAT ITS MORTGAGE SHd, THEREON. MTN£SS-~~ PRINTED' .K~ n ~-t k 1ffTNESS ~ P~INTED NAME S TA TE OF FL OR/DA )~ SS EXECUTIVE SUMMARY AWARD BID NO. 99-3026 FOR THE PURCHASE OF FOUR TRACKHOES OBJECTIVE: That the Board 'of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 99-3026 for the purchase of four traekhoes to Nations Rent. CONSIDERATIONS: 1. The Water Distribution Section is responsible for the installation and maintenance of all water mains, service lines and water meters Within the Collier County Water District. 2. Bid No. 99-3026 was created to purchase two traekhoes as enhancement items for the Maintenance Section, which was approved as part of the 1999-2000 budget. The day of the bid opening on January 12th, Distribution was informed by Fleet Management that two of its current trackhoes utilized by the Installation Section had no parts available to make necessary repairs. Both of the trackhoes were manufactured by the Mini-Giant, Corporation, which is no longer in business. Asset Nos. 930080 and 930079, trackhoes, are assigned to the Meter Installation Section. The loss of the use of this equipment is severely impacting the Distribution Section's ability to install service lines and meters in a timely manner. The installation section is responsible to install all new meters within the Collier County Water-Sewer District, which last year numbered 2,500. 5. Both trackhoes being requested to be replaced were purchased in 1993 and have more than 2,500 hours of usage each. Bid No. 99-3026 was sent to twenty-eight vendors with five bid packages received. The two lowest bidders, Neff Machinery and Creel Ford Tractor, both specified trackhoes that did not meet Distribution's basic needs or the specifications included as part of this Bid. 7.. Bid No. 99-3026 requested a price for two trackhoes, but Nations Rent has agreed to honor the price per trackhoe, $31,700, for the four being purchased at this time. FISCAL IMPACT: The fiscal impact of this purchase is in the amount of $126,800, to purchase four trackhkoes. Funds are available in Fund 408-253212, Water Distribution Cost Center. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid No. 99-3026, for the purchase of four trackhoes to Nations Rent. SUBMITTED BY: Pamela Libby, Field S~isor Pa~l M'attauseh, Water Director Steve Carnell, Purchasing Director APPROVED BY: Edward N. Finm Interim Public Works Administrator EXECUTIVE SUMMARY AWARD BID 99-3005 TO SELECTED FIRMS FOR MANHOLE, LIFY STATION AND WET WELL REHABILITATION CONTRACTING SERVICES. OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award annual contract agreements for manhole, lift station, and wet well rehabilitation contracting services on an as-needed basis. CONSIDERATIONS: The Wastewater Department has a continuing need for rehabilitation contracting services for repairing faulty sewer manholes, wet wells and lift stations. Staff will identify rehabilitation work projects requiting the applicable manhole, wet well, or lift station rehabilitation method and issue work orders to initiate the work. Other County Departments can also utilize these contracts for work requiring similar structural rehabilitation in underground structures. Bid documents were prepared for three different categories of manhole, lift station & wet well rehabilitation with a mandatory fourth category for common tasks applicable to all the three methods of rehabilitation. A bidder was free to bid more than one category but would be evaluated on a category-by-category basis for lowest bid and qualifications meeting the bid requirements. Minimum experience and qualifications for bidders were specified for each category. On November 12, 1999, one hundred and eight invitations to bid this project were sent out. Thirty-five sets of bid documents were requested by interested bidders. On December 22, 1999, six bidders submitted bid packages for one or more categories as summarized in the following table: BID CA TEGOR Y BIDDER A B C Paints and Coatings, Inc. X - Specific Rehabilitation Company, Inc. (SPERCO) X n n Pressure Concrete, Inc. - - X Coastal Gunite Construction Company - X Chaz Equipment Company, Inc. - - X Suncoast Environmental International, Inc. n n n 'X' = Bid Received for Specified Method; 'n' = Bid Received with Non-Specified Method. FEB 2 2 20OO ~. Executive Summary Award Bid 99-3005 Manhole, Lift Station, and Wet Well Rehabihtation Contracting Services Page 2 The six bidders bid on one or more of the three Categories A, B, and C. Upon review of the six bids, the following firms are being recommended for selection for the following three categories: Category A - Cast-in-Place Plastic Lining Rehabilitation Contract: Only one bid, received fi.om the firm, Specific Rehabilitation Company, Inc. (SPERCO), met the required specifications. Suncoast Environmental International, Inc. submitted an alternate method not specified and this bid is deemed non-responsive. Staff recommends awarding a contract to SPERCO, Inc., who is the lowest bidder for the Cast-in-Place Plastic Lining Rehabilitation Contract. Category B - Sealing and Coating with Resin Lining Rehabilitation Contract: Three bids were received of which only one firm, Paints and Coatings, Inc., met the required specifications. The other two firms, SPERCO and Suncoast Environmental, bid alternate methods not specified and their bids are deemed non-responsive. Staff recommends awarding a contract to Paints and Coatings, Inc., who is the lowest bidder for the Seal and Coat with Resin Lining Rehabilitation Contract. Category C - Cementitious Lining Rehabilitation Contract: Five bids were received of which only three firms: Chaz Equipment Company, Inc., Pressure Concrete, Inc., and Coastal Gunite Construction Company met the required specifications. The other two firms, SPERCO and Suncoast Environmental, bid alternate methods not specified and their bids are deemed non- responsive. Staff recommends awarding a contract to Chaz Equipmet Company, Inc., who is the lowest bidder for the Cementitious Lining Rehabilitation Contract. The bids received in the three work categories are sufficient to meet the County's manhole, lift station and wet well rehabilitation requirements. Category D is work common to all the three main categories. The contract period is for one year with three additional one-year renewal periods at the County's option. FISCAL IMPACT: Funding for Manhole, Lilt Station and Wet Well Rehabilitation Services under these contracts shall be provided by each user division and contracted by a Work Order and purchase order funded by the using agency. The Wastewater Department has budgeted $1,000,000.00 in Fund 414 - County Sewer Capital Projects for work in FY2000. GROWTH MANAGEMENT IMPACT: None. FEB 2 2ooo Executive Summary Award Bid 99-3005 Manhole, Lift Station, and Wet Well Rehabilitation Contracting Services Page 3 RECOMMENDATION: That the Board of County Commissioners award and authorize the Chairman to execute annual contracts for Manhole, Lift Station, and Wet Well Rehabilitation Contracting Services pursuant to Bid 99-3005 consistent with staff's recommendations. PREPARED BY: (,/Jeff Bibby, P.E., Director Public Works Engineering Department Mohan V. Thampi, P.E., Project Manager Public Works Engineering Department DATE: REVIEWED BY: Steve Carnell, Direc6/d~' ' Purchasing Department DATE: Jc(¢ Cheatham, Wastewater Administrator Public Works Division APPROVED : ~d'Finn, I~te"~m Administrator Public Works Division Attachments' Bid tabulation table for Bid 99-3005 dated December 22, 1999. MVT:mvt FEB 2 2 2OOO PG. 0 0 0 0 '0 C C 0 o o FEB 2 2 2000 EXECUTIVE SUMMARY APPROVE THE PURCHASE OF ONE (1) BACKHOE/LOADER ON STATE CONTRACT OBJECTIVE: Obtain Board approval to purchase one (1) Backhoe/Loader from the Creel Tractor Company on Florida State Contract Number 760-001-99-1-1. CONSIDERATION: A Backhoe/Loader is needed at the North County Water Reclamation Facility to provide the mechanical means to dig up broken sewer or water lines within the facility and to unload delivery trucks with the use of the detachable forks on the front bucket. The current Backhoe/Loader is a 1985 model and is beginning to require extensive maintenance to keep it in operational condition. This replacement Backhoe/Loader can be purchased from the Creel Ford Tractor Company under State Contract 760-001-99-1-1. FISCAL IMPACT: Funds are available in the NCRWRF Cost Center in the amount of $28,950.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the purchase of one (1) Backhoe/Loader from the Creel Tractor Company on Florida State Contract Number 760-001-99-1-1. SUBMITTED BY: Dennis Bamard, Chief Operator Date: REVIEWED BY: Joe Cheatham, Wastewater Director Date: REVIEWED BY: Stephen Y. Camell, Purchasing Director APPROVED By: ~ ~~~-'~ ~ Ed4[Tard I~c'~i'~, Inte~axf~ublic Works Administrator Date: Date.'~/~~ FEB 2 2 2O00 PG. EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH GREELEY AND HANSEN FOR DESIGN AND IMPLEMENTATION OF 30-1NCH PARALLEL SEWER FORCE MAIN ON IMMOKALEE ROAD, CONTRACT 98-2790, PROJECT 73943. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, amend the Professional Services Agreement with Greeley and Hansen for additional design and construction services for the 30-inch Parallel Sewer Force Main on Immokalee Road. CONSIDERATIONS: On July 28th, 1998 as Agenda Item 16(B)(4), the Board approved the final ranking of consultants and entered into an agreement with Greeley and Hansen for design and construction services for the proposed new 30-inch Parallel Sewer Force Main located on the Immokalee Road segment between U.S. 41 and Goodlette-Frank Road. On April 13th, 1999 as Agenda Item 16(B)(9), the Board approved Amendment 1 to the Professional Services Agreement with Greeley and Hansen. The amendment increased the original design budget to accommodate additional engineering services for design coordination with several adjacent planned construction projects, including the widening of U.S. 41, the Grenada Shoppes and Creekside Park West developments south of Immokalee Road, and two proposed raw/reuse water pipelines along Goodlette-Frank Road. Additional engineering services are now required to accommodate design changes and utility easement acquisition efforts as a result of meetings with adjacent property owners. Staff has negotiated a fee increase $49,575 as documented in the attached January 21, 2000 letter proposal from Greeley and Hansen. The following summarizes the breakdown of costs associated with Amendment 2: Original Contract #98-2790 Amendment 1 Amendment 2 (Proposed) TOTAL (Proposed) $168,541 $ 24,936 $ 49,575 $243,052 2 2 2000 Pig.,, / Executive Summary Approve Amendment 2 for Design of 30" Sewer Force Main on Inunokalee Road Page 2 FISCAL IMPACT: Funds in the amount of $49,575.00 are available in County Wastewater Capital Projectsl Source of funds is Fund 413 - Sewer Impact Fee. GROWTH MANAGEMENT IMPACT: This project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4) and 12(c)(5). 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 the Chairman to execute Amendment 2 to Professional Services Agreement with Greeley and Hansen for the design and construction of the 30-inch Parallel Sewer Force Main on Immokalee Road. PREPARED BY: ' ~ ~ "~"-:,-,;.- DATE: Mohan V. Thampi, P.E., Project Manager Public Works Engineering Department REVIEWED BY:/'~~ '"';": "-~ '/ DATE: ('"feff Bibby, P.E., Director Public Works Engineering Department REVIEWED BY: o~Che ~ DATE: J atham, Wastewater Director Public Works Division APPROVED BY: "In't erim AdUrninistrator Public Works Division DATE: Attachments: Amendment 2 approved by the County Attorney's Office. MVT'mvt FEB 2 2 2000 JOHN C VOGEL GREELEY AND HANSEN ENGINEERS 22o~ CANTU COURT · SUITE 107 · SARASOTA. FLORIDA 34232 January21,2000 Mr. Mohan V. Thampi, P.E.. REM Project Manager Collier County Public Works Engineering 3301 E. Tamiami Trail, Bldg. D Naples. Florida 34112 Subject: Design and hnplementation of 30-Inch Parallel Sewer Force *lain Amendment No. 2 to Professional Services Agreement Dear Mr. Tharnpi: As requested, vve are providing a summary of additional engineering sen'ices associated with the subject project that are outside the scopes of services for the original Agreement and Amendment No. 1. After development ora recommended ibrce main alignment in tile Preliminar, Design Report. additional ahemative alignments were requested by the Count.,,' to be investigated as a result of meetings and requests by the adjacent property ov,-ners. These additional alignments were investigated and presented to the property owners. The final selected three main alignment requires additional engineering services as described beloxv: Additional lbrce main alignment coordination and negotiations lbr the Granada Shoppes property: Additional tbrce main alignment coordination and negotiations tbr the Creekside Commerce Park propcrty: Additional easement acquisition services tbr easements along Immokalee Road and through Creekside Commerce Park; · Revise design report to current lbrce main alignment; Storm sev,'er evaluation at G-4 propmly between Goodlette-Frank Road and tile NCRWWTP; Design of new connecting force main on Goodlettc-Frank Road: FOUNDED IN 1914 'FEB 2 2 2000 · Additional survey; and Original design was to be completed in 1998 with construction in 1999. Engineering salary rates in the contract were based on this schedule. Current schedule is to complete design and construction in 2000. Salary rates have been adjusted to current year 2000 rates. As you are aware, some of the above additional services have already been provided. Additional ser¥ices incurred to date and estimated additional services to complete the above tasks are shown on the attached spreadsheet. Engineering costs for these additional services are based on the 1998 contract rates for services completed to date and 3'ear 2000 ra~es Ibr services to be completed. Encl. E COLi. IIR 1}1..\M(111'7, RStl Yours ,,'er/,' truly, GREELEY AND HANSEN Roger S. Howell, ?.E. DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated July 28, 1998 (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 Greeley and Hansen, an Illinois partnership, authorized to do business in the State of Florida, whose business address is 13180 North Cleveland Avenue, North Fort Myers, FL 33903 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the Design and Implementation of 30" Parallel Sewer Force Main 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 changes in the design effort and concept of the force main; 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: .o./¢. FEB 2 2 2000 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 changes in the design effort and concept of the force main 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 AGREEMENT 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. FEEt ? 2 2000 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for Design and Implementation of 30" Parallel Sewer Force Main 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: J~\ ~./ -'~'-~._ .~ , .~"-, Assistant County Attorney '~/ GREELEY AND HANSEN Witness Witness Terry L. walsh, P.E., Partner (CORPORATE SEAL) FEB 2 2 2-000 COLLIER COUNTY GOVERNMENT PUBLIC WORKS ENGINEERING CONTRACT NO. 73943 Design and Implementation of 30-Inch Parallel Sewer Force Main Professional Services Agreement Amendment No. 2 Greeley and Hansen January 17, 2000 The following are descriptions and estimated engineering costs for additional tasks not included in the Scope of Services: Estimated Task No. Task Description Engineering Cost A.2.2.c.1 Additional force main alignment coordination associated with the proposed Grenada Shoppes property south of Immokalee Road, including preparation for and attendance of additional meetings, written responses to questions and requests, preparation of agreement to access property, evaluation of a new alignment along a proposed south road and preparation of exhibits. $3,889.00 A.2.2.c.2 Additional force main alignment coordination associated with the proposed Creekside Commerce Park property south of Immokalee Road, including preparation for and attendance of additional meetings, written responses to questions and requests, preparation of agreement to access property, evaluation of a new alignment along a proposed south road and preparation of exhibits. $3,729.00 A.2.2.e.2 Review stormwater calculations, attend meeting to discuss storm sewer design through the G-4 property adjacent to the NCRWWTP. $ 747.00 A.2.3.b.1 Revise Design Report to relect current force main alignment. $1,357.00 Page 1 of 2 Task No. Task Description Estimated Engineering Cost A.3.1.2 A.3.1.a.3.a A.8.B A.8.C A.8.D Force main design coordination for design in Creekside Commerce Park easements, including meetings and design review with Creekside engineer. Prepare plan and profile design for new 6-inch connecting force main on Goodlette-Frank Road from Immokalee Road to Creekside Commerce Park entrance road. Additional surveying for new force main route through Creekside Commerce Park and for nexv connecting Force main on Goodlette Frank Road. Services for preparation of three additional legal descriptions and sketches along Immokalee Road not included in Amendment No. 1. Services for preparation of legal descriptions and sketches for Creekside Commerce Park easements and coordination with Real Property. Additional fees for existing design and construction services Task A.3 Task A.4 Task A.5 Task A.6 Task A.7 Task A.8 $1,317.00 $3,359.00 $10,649.00 $1,061.00 $8,42O.OO $3,936.00 $1,501.00 $1,560.00 $2,012.00 $4,616.00 $1,422.00 TOTAL FOR AMENDMENT NO. 2 $49,575.00 Page 2 of 2 22'i000 [ SCHEDULE B - ATTACHMENT A REVISED SHEDULE OF FEES FOR BASIC SERVICES DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT Greeley and Hansen FEE PREVIOUS AMENDMENT REVISED TASK NO. TASK DESCRIPTION IN CONTRACT !AMENDMENTS NO. 2 FEE A.2 DESIGN REPORT 23,948.00 5,682.00 9,722.00 39,352.00! A.3 PRELIMINARY DESIGN 33,266.00 8,233.00 8,613.00 50,11200 A.4 FINAL DESIGN 13,020.00 0.00 1,501.00 14,521.00 A.5 CONSTRUCTION BID SERVICES 6,876.00! 0.00 1,560.00 8,43600 A.6 CONSTRUCTION CONTRACT ADMINISTRATION 19,354.001 0.00 2,012.00 21,36600 SUBTOTAL BASIC SERVICES TASKS A.2 -A.6 96.464.001 13,915.00 23,40800 133,787.00 SCHEDULE B - ATTACHMENT C SHEDULE OF FEES FOR ADDITIONAL SERVICES A.7 A.8 OBSERVATION OF CONSTRUCTION i ADDITIONAL SERVICES PERMITS SURVEY SOILS INVESTIGATIONS EASEMENTS SUBTOTAL ADD'L SERVICES TASKS A.7 AND A8 $37,435.00 $5,210.00 $20,910.00 $8,522.00 $0.00 $72077.00 $4,950.00 $1,688.00 $0.00 $000 $4,383.00 $11,021.00' 4,616.001 847.00 10,738.00 89.00 9,877.00 26.167.00 $47,001.00 $7,745.00 $31,648.00 $8,611.00 $14,260.00 S109.265.00 TOTAL ENGINEERING SERVICES $168,541.00 $24,936.00 $49.575.00 S243,052.00 SCHEDULE B - ATTACHMENT B REVISED CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT Greeley and Hansen EMPLOYEE CLASSIFICATION HOURLY BILLING RATE Partner Project Manager Senior Engineer Engineering Technician CADD Drafter Construction Manager Construction Observer Clerical 183.00 139.81 101.64 70.64 59.72 137.86 73.26 55.18 FEB 2 2 2000 ~,G. ,,/I ,, SCHEDULE C DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT REVISED PROJECT SCHEDULE Greeley and Hansen TASJ~ TIME FOR C_QMPLETIO~J CUMULATIVE TIME FOR COMPLETI_Q_N A.2 A.3 A.4 A.5 A.6 A.7 DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION DETAILED OBSERVATION OF CONSTRUCTION 74 weeks 74 weeks 10 weeks 84 weeks 16 weeks 100 weeks 6 weeks 106 weeks 26 weeks 26 weeks 132 weeks Notes: Times for completion are from the Notice to Proceed, dated August 5, 1998. The project shedule has been revised to reflect additional engineering tasks not in the original scope of services, including force main alignment, design coordination and negotiations with the Creekside Commerce Park West and Grenada Shoppes property owners, easement acquisition, U.S. 41 widening project and the proposed raw water pipelines along Goodlette-Frank Road. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the actual completion of construction date. Estimates of engineering time and costs for these services are based on an estimated 6-month construction schedule. FEB 2 2 2000 PG. EXECUTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 00-3033, HIDEAWAY BEACH T-GROIN CONSTRUCTION TO DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $137,100.00 OBJECTIVE: To award a contract to perform repairs and modifications to existing T- Groin structures on Hideaway Beach. CONSIDERATION: Construction of the five existing T-Groin structures along Hideaway Beach was completed in September 1997. Since that time, storm damage has resulted in displacement of a number of sandbags which has reduced the performance of the structures. In addition, based upon two years of monitoring, it is proposed to sand tighten the T-heads, reduce the gap opening between adjacent structures by 20% and remove selective bags to improve bypassing in the lee of the T-heads. To implement these repairs and modifications, sealed bids for Bid No. 00-3033 were opened on January 26, 2000. Advertisement for bids was posted on January 6, 2000. Invitations to bid were sent to 50 vendors. A summary of the bids received is as follows: CONTRACTOR Douglas N. Higgins, Inc. TOTAL BASE BID $137,100.00 As the result of a thorough review of the proposal by the staff and design professional, based upon verified qualifications and experience; it is recommended that a contract for Bid No. 00-3033 be awarded to Douglas N. Higgins, Inc., 2887 Tamiami Trail East, Suite 1, Naples, Florida 34112 in the amount of $137,100.00, being the lowest qualified and responsive bidder. This contractor satisfactorily performed the original installation of the existing T-Groin structures in 1997. FISCAL IMPACT: Funds in the amount of $271,453.00 are included in the FY 99/00 budget for construction associated with the Hideaway Beach T-Groins. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: 1. Award a contract for Bid No. 00-3033, Hideaway. Beach T-Groin Construction to Douglas N. Higgins, Inc. in the amount of $137,100.00. 2. Authorize the Chairman to execute the contract. FEB 2 2 2000 ! Executive Summary Hideaway Beach T-Groin Page Two SUBMITTED BY: Harold E. Huber, Project Manager III Public Works Engineering Department Date: ,,2.~. oc~ REVIEWED BY: Steve Carnell, DireCtor Purchasing Department Date: REVIEWED BY: -'/' ~- r,~/Jeff Bibby, P.E., Director "' Public Works Engineering Department Date: APPROVED BY: ~Edward N. Finn, IntertrOn Administrator Public Works Division Date: ~ - /o - u'~ HEH.Ih.Hideaway Beach T.Groin Attachment Douglas N. Higgins, Inc. Humiston & Moore Engineers Beach Renourishment/Maintenance Committee Jane Eichhom, TDC Coordinator NO.~, FEB 2 2 2000 o FEB 2 2 2000 EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY "A" FUNDING APPLICATIONS OBJECTIVE: To obtain approval of the following funding applications as recommended by the Tourist Development Council: 1. Purchase of Additional Beach Cleaning Equipment 2. Hydrographic Monitoring of Clam Pass and Clam Bay Tidal Creeks CONSIDERATIONS: The noted applications were reviewed and received recommendations for approval by the Beach Renourishment/Maintenance Committee on January 6, 2000. During consideration of the application for the additional beach cleaning equipment, it was noted that the current beach cleaning operation consists of two beach rakes operating on the restored beaches of Vanderbilt Beach, Park Shore, the City of Naples and the City of Marco Island. Such requires an average of three weeks to complete a full cycle. The purchase of the additional equipment as proposed would address the following items: 1. Provide more frequent cleaning of the beach on Marco Island. Such could be accomplished by placing one rake full time on Marco Island which would also eliminate frequent moving costs. 2. Provide more timely cleanup after unanticipated events such as the recent fish kill caused by the red tide. 3. Enable expansion of the operation to include Barefoot Beach Park and more frequent cleaning of Clam Pass Park. The hydrographic monitoring for Clam Pass and Clam Bay Tidal Creeks is required as a condition of the permit for the Clam Bay Restoration Plan. The proposed cost share is identical to that used for the initial dredging activity performed last year. The Tourist Development Council recommended approval of these applications as follows: PROJECT DESCRIFFION RECOMMENDED AMOUNT 1. Beach Cleaning Equipment 2. Hydrographic Monitoring of Clam Pass and Clam Bay Tidal Creeks Total $135,800.00 9,900.00 $145,790.00 FISCAL IMPACT: Sufficient funds are available in the reserves of the Tourist Development Fund (195) for this obligation. Approval of a budget amendment is necessary whereby funds will be transferred from the reserves to the appropriate expenditure categories under the applicable project numbers. GROWTH MANAGEMENT IMPA.CT: There is no impact to the Growth Management Plan related to this action. FEB 2 2 2000 PG. i! Executive Summary TDC Funding Applications Page Two RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached grant applications for Tourist Development - Category "A" funding in the amount of $145,790.00 2. Approve the necessary budget amendment. 'I-la'old' E. Huber, Project Manager III Public Works Engineering Department Jeff Bibby, P.E., Dire~ior Public Works Engineering Department APPROVED BY: ' -..~'k,-.. ~4 ¢~y,5.4/,.,' ~ - .d Edward N. Fidm, Interim Administrator Public Works Division HEH.Ih. TDC Funding Applications attachments c: Beach Renourishment/Maintenance Committee Jane Eichhom, TDC Coordinator Kyle Lukasz, PBSD DATE: g.~. oo DATE: DATE: 2- /0' 0'~ "AC.~,~OA; T~f.,7'~ I~O.~ FEB 2 2 .ArA TURAL RESOURCES/WANAGEMENT 735 8TH STREETSOUTH, NAPLES, FL 34102 941-434-4610 Suncom 974-4610 FAX NO. 941-434-4620 TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach Renourishment and Pass Maintenance Funding Request Recommendation The attached request for TDC Category A funding, submitted by th.e Collier County Board of County Commissioners to be used for beach cleaning equipment is recommended to be: X Approved as submitted. (l.&.oO) Approved with the following changes: Deferred to: Disapproved. Comments: ~ ~ Date James JCS/Wordata/Beach Committee/TDC funding approval form.doc EXHIBIT A Collier County Tourist Development Council GRANT APPLICATION Beach Renourlshment and Pass Maintenance (Beach improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Name Administrator Collier County Tourist Development Council County Administrator 3301 East Tamiami Trail Naples, FL 34112 and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Contact Person, Title and Phone Number: Harry Huber Project Manager III 774-8192 Organization's Chief Official and Title: Chairperson Board of County Commissioners Brief Project Description: Beach Cleaning Equipment Estimated project start date: Estimated project duration: Total amount requested: February, 2000 Eight (8) Months $135,800.00 Se FEB 2 2 2000 Collier County Tourist Development Council Grant Application Page 2 If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes No X 9. Identify the goals and objectives for the project: The project consists of the purchase of additional beach cleaning equipment as follows to provide a more effective beach cleaning operation for the Collier County, Naples and Marco Island beaches. a) Beach Rake b) Tractor (2 ea.) c) Pickup Truck (2 ea.) 10. Describe what benefits will be received from the prelect: Proper maintenance of the restored beaches will enhance longevity of the design life, effect potential long-term cost savings and provide an aesthetically pleasing environment. 11. Describe how the effectiveness of the proiect will be evaluated: Effective maintenance and performance of the beach fill as designed will be determined through the annual project monitoring requirements. 12. Describe how the project enhances existing County Tourist Development Programs: Proper maintenance of the beach restoration projects will help to ensure the viability of the area's major tourist attraction. 13. Describe how financial resources will be monitored: The project budget will be managed through the existing financial and management structure of Collier County and will be administered by a project manager in the Public Works Engineering Department. The basis of the project budget consists of the estimated costs of the additional equipment proposed to be purchased. The total amount of the proposed budget is $135,800.00. FEB 2 2 20OO Collier County Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes (X) No ( ) Does the proposed expenditure fairly distribute monies to different geographic areas of the County? Yes (X) No ( ) Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/ dredging/management projects? Yes (X) No ( ) Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (X) Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes (X) No ( ) Will the project decrease the local cost share of an overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes ( ) No (X) Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes (X) No ( ) Collier County Tourist Development Council Grant Application Page 4 * Is there a potential for an alternative/matching funding source? Yes ( ) No (X) If "Yes", please identify Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) Has the project been reviewed and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes. This application will be considered by the Beach Renourishmcnt/Maintcnance Committee at their regularly scheduled meeting. Their recommendation will be forwarded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my~organization will comply with all guidelines and criteria. c/,/ Jeff Bibbv, P.E., Director. Public Works Engineering Department Signature of Organization's Chief Official or Designee* Date: *Director of Office of Capital Projects Management authorized to sign Category "A" applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16(H)(2). Director of Office of Capital Projects Management position was renamed to Director of Public Works Engineering effective October 1998. GrantAppl. 1160 FEB ipGo 7 Collier County Tourist Development Council Grant Application Page 5 PROJECT BUDGET BEACH CLEANING EQUIPMENT (FY 99/00) PROPOSED PURCHASE 1. Beach Rake 2. Tractor (a) New (b) Replacement 3. Pick Up Truck (a) Two each ~ $16,900 TOTAL AMOUNT $38,400 $42,400 $21,200 $33,800 $135,800 Grant Appl. l1601 '00 !q NATURAL RESOURCES 3IANA GEMENT 735 8TH STREETSOUTH, ]~MPLES, FL 34102 941-434-4610 Suncom 974-4610 P~ 3 1 ~ FAXNO. 941-434-4620 TO: Board of County Commissioners, Collier County FROM: Beach Renourishment/Maintenance Committee THROUGH: Collier County Tourist Development Council SUBJECT: Beach Renourishment and Pass Maintenance Funding Request Reconunendation The attached request for TDC Category A funding, submitted by the Collier County Board of County Commissioners ; to be used for_hydrographic monitoring of Clam Pass and the Clam_ Bay System tidal creeks : is recommended to be: X__ Approved as submitted. (I.~.oo) Approved with the following changes: Deferred to: Disapproved. Comments: JCS/Wordata/Beach Committee/TDC funding approval form.doc .... A6rNO^ ~TER NO .~ FEB 2 2 2000 Collier County Tourist Development Council GRANT APPLICATION Beach Renourishment and Pass Maintenance (Beach Improvement, maintenance renourishment, restoration and erosion control, including pass and inlet maintenance) Completed applications shall be submitted to the following address: Administrator Collier County Tourist Development Council County Administrator's Office Naples, FL. 34112 1. Name and Address of Application Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL. 34112 2. Contact Person, Tittle and Phone Number: Harry Huber Project Manager III 774-8192 3. Organization's Chief Official and Tittle: Chairperson Board of County Commissioners 4. Brief Project Description: This project consists of hydrographic monitoring of Clam Pass and the Clam Bay Tidal Creeks which includes the following: Survey the cross sections of Clam Pass and Clam Bay Tidal Creeks. Analyze the cross section survey data and conduct a volumetric change analysis compared with historic survey data. Analyze data collected from four recording tide gauges within the Clam Bay system and Gulf tide data, preparing a report based on this data and the survey information, comparing inlet characteristics with historical data and recommend any needed maintenance action. Analyze flow data from Seagate Culverts, compute flow rates through the culverts and compare to pre-construction data and prepare a report summarizing the data and analysis. Fi'B 2'2'2000 Collier County Tourist Development Council Grant Application Page 2 6. 7. 8. Estimated project start date: Estimated project duration: Total amount requested: February 2000 Eight Months $9,990.00 If the full amount requested cannot be awarded, can the program/project be constructed to accommodate a smaller award? Yes No x 9. Identify the goals and objectives for the project: This monitoring will provide the necessary data to evaluate flow characteristics in Clam Pass and Clam Bay Tidal Creeks in order to determine when or if corrective maintenance activities are necessary to assure the health of the ecosystem. 10. Describe what benefits will be received from the project: Assists in ensuring the efficient performance of the Clam Pass Inlet and the environmental health of the Clam Bay ecosystem. 11. Describe how the effectiveness of the project will be evaluated: The effectiveness of this monitoring will be determined if the program identifies restrictions effecting the hydrographic performance of Clam Pass and Clam Bay Tidal Creeks. 12. Describe how the project enhances existing Count3' Tourist Development Programs: Monitoring the flow performance of Clam Bay and Clam Bay System will help to ensure the health and viability of a major tourist attraction in the area. 13. Describe how financial resources will be monitored: The project budget will be managed thxough the existing financial and management structure of Collier County and will be administered by project managers in Public Works Engineering Department and Pelican Bay Services. This monitoring project encompasses Clam Pass, Clam Bay Interior Tidal Creeks and the Seagaie Culverts flow study. However, this funding request only includes the surveying within Clam Pass area and 24% of the consultant services. This was the percentage used for determining the funding request for the dredging construction submitted to the Tourist Development Council in January of 1999. FEB 2 2 2OOO Collier County Tourist Development Council Grant Application Page 3 14. Please complete the following questions and provide additional information, if necessary: · Does the proposed expenditure further the objectives outlined in the Mission Statement? Yes(X) No( ) · Does the proposed expenditure fairly distribute monies to different geographical areas of the County? Yes(X) No( ) · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental consideration? Yes(X) No( ) · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes (X) No (X) · Is the proposed project required by the regulatory agency as a condition for approving/funding the Collier Count.,,' beach restoration projects? Yes(X) No( ) · Will the proposed project contribute significantly to the progress of the beach restoration projects? Yes(X) No( ) · Will the project decrease the local cost share of the overall beach restoration project, either by decreasing the total project cost or by increasing the local/non-local ratio? Yes( ) No(X) · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes(X) No( ) · Is there a potential for an alternative/matching funding source? Yes( ) No(X) If "Yes", please identify · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes(X) No( ) Collier County Tourist Development Council Grant Application Page 4 Has the project been received and recommended by the Beach Renourishment/Maintenance Advisory Committee? Yes, this application will be considered at their regularly scheduled meeting. Their recommendation *~ill be forwarded under separate cover. I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my organization will comply with all guidelines and criteria. Bibbv. P.E. Director. Public Works Engineering Department Signature of Organization's Chief Official or Designee* *Director of Office of Capital Projects Management authorized to sign Category "A' applications on behalf of the Chairman of the Board of County Commissioners. Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16 (It) (2). Director of Office of Capital Projects .Management position was renamed to Director of Public Wot 'ks Engineering effective October 1998. I FEB 2 2 2000 Collier County Tourist Development Council Grant Application Page 5 PROJECTBUDGET MAIN CHANNEL CUT #4 DREDGING CUT 4A SERVICES ITEM DESCRIPTION A3, IOUNT 1. $2,796.00** 2. $7,194.00' Total $9,990.00 * Based on 24% of the total costs of consultant services for hydrograhic monitoring. ** Based on lump sum line item of proposal for Clam Pass surveying. Surveying (Clam Pass) Hydrographic Consultant Services EXECUTIVE SUMMARY AWARD BID #00-3034 FOR WELLFW~LD MAINTENANCE AND REHABILITATION OBJECTIVE: That The Board of County Commissioners, Ex-Officio the Goveming Board of the County Water/Sewer District of Collier County, Florida award Bid #00- 3034 for Wellfield Maintenance and Rehabilitation. CONSIDERATION: The services in this bid are for the maintenance and rehabilitation of the raw water wells in the County's Regional Wellfield located in east Golden Gate Estates and the Reverse Osmosis (RO) wells located in and around the North County Regional Water Treatment Plant. The bid will provide for monthly monitoring and maintenance on the wells and rehabilitation on the wells as required. The Purchasing Department sent notices of the bid package to forty-one (41) vendors on January 10, 2000. Bids were opened on January 27, 2000 and one (1) bid was received. 3. Staff reviewed the bid and recommends award of Bid #00-3034 to Aquifer Maintenance & Performance Systems as the lowest qualified and responsive bidder. 4. Aquifer Maintenance & Performance Systems had the previous bid since 1996. FISCAL IMPACT: Funds are budged in the Water Operations Maintenance Cost Center in the estimated amount of $325,000.00. GROWTH MANAGEMENT IMPACT: impact. There is no growth management RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District of AG£sDA II£~ . FEB 2 2 2000 Collier County, Florida, authorize the award of Bid #00-3034 for Wellfield Maintenance and Rehabilitation to Aquifer Maintenance & Performance Systems, and authorize the Chairman to execute the standard contract after review by the County Attorney's office. SUBMITTED BY: J~Water Maintenance Supervisor Paul Mattausch, Water Director REVEIWED BY: . Stephen Y. Carne~ Purchasing/~S Director Date: Date: ~/?/~'/~ Date: '2' lq [~/'~'5 E~ward N. Finn, Interiffl Public Works Administrator FEB ~ ~ ~,oc PG. ~ EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO HANNULA LANDSCAPING & IRRIGATION, INC., FOR C.R. 951 SOUTH (PART B) LANDSCAPE IMPROVEMENTS, BID NO. 00-3031 OBJECTIVE: To receive Board approval and award of a construction contract for C.R. 951 South (Part B) Landscape improvements to Hannula Landscaping & Irrigation, Inc. (Hannula) in accordance with Bid No. 00-3031 CONSIDERATIONS: The landscape design firm of McGee & Associates has completed the design of the C.R. 951 median landscape from Golden Gate Parkway to Green Boulevard. Bids were opened on January 27, 2000. Performance time for Bid No. 00-3031 is 120 calendar days for substantial completion and 150 calendar days for all work and final acceptance. The bid stage activities and results for the C.R. 951 South (Part B) Landscape Improvements are summarized below: (1) (2) ;) The Project was advertised for bids on January 7, 2000. A pre-bid conference was held on January 18, 2000. The bid opening was conducted on January 27, 2000 by the Purchasing Department staff. Seven (7) bid proposals were received. Staff has evaluated the bids for the lowest amounts as tabulated below. Hannula's bid of $314,687.23 is the lowest bid amount. Bidder HANNULA LANDSCAPE Landscape Florida. Arozoza Brothers T.J. Landscaping Vila & Sons Blue Heron J.W. Conner & Sons Landscape Architect's Estimate Total Bid Amount $314,687.23 $324,492.05 $350,016.53 $351,387.62 $436,828.64 $450,373.43 $464,416.82 $303,131.00 FISCAL IMPACT: Funds are budgeted in MSTD Road District 3 Fund (104) in the amount of $255,000 and the remaining $60,000 is budgeted in the Golden Gate Beautification Fund (136). GROWTH MANAGEMENT IMPACT: None. "-'RECOMMENDATION: That the Board of County Commissioners: ,1) Award a construction contract to Hannula Landscaping & Irrigation, Inc. in the bid amount of $314,687.23. AGENDA ITEM ~g &No.~ (2) Direct the Board Chairman to execute the construction contract with Hannula Landscap Imgation, Inc. FEB 2 2 2000 Immokalee Road Bid No. 99-2992, Page 2 of 2 SUBMITTED BY; Micah K. Massaquoi, P.E, PMP Project Manager, Public Works Engineering Department REVIEWED n '~~~' c~-~~ Date: ~/':~","~'-v .2 Bibby, P.E. Diref.,t-or, Public Wo~s Engin~4ing Department REVIEWED BY: / /,/////f2.~?d' Date: Z.- .... /,.;- cz:, Directo ,~;14'~l~portation Services Department REVIEWED BY: Ste~e~ Cam~ll Director, Purchasing/General Services APPROVED BY: 'i / ~"~.~ ~'"-¥--.'-Date: /f-~-'-!'--'-' - cT'c; ' Ed Finn Interim Public Works Administrator EXECIJTIVE SUMMARY APPROVE A WORK ORDER FOR BOTNER LAND DESIGN, INC. FOR THE BAYSHORE BEAUTIFICATION MSTU LANDSCAPING OBJECTIVE: To obtain authorization to assign Work Order #TS-BL-0004 to Botner Land Design, Inc. in the amount of $89,176.00 lbr services during construction for the Bayshore Drive Streetscape Project. CONSIDERATIONS: The Bayshore MSTU Advisory Committee has recommended for approval by the BCC, Botner Land Design's proposal for Services During Construction for the Bayshore Drive' Streetscape Project. In January 1999, the Bayshore Beautification Advisory Committee selected Botner Land Design, Inc. to design landscape improvements on Bayshore Drive between US 41 and Thomasson Drive. Botncr Land Design began preliminary design of this project in February' 1999. and completed a Master Plan of the project in May 1999. Bother Land Design also completed Design Development and the Construction Document phase of this project, which is expected to be advertised for bids by March 2000. In accordance with Collier County Purchasing Policy. the Board of County Commissioners must give authorization for any work order in excess of $25,000. FISCAL IMPACT: All tasks included m Work Order #TS-BL-0004 will be funded by the Bayshore Beautification MSTU. As outlined in the attached "Work Authorization" provided by Botner Land Design, Inc., total additional fees for this work are $89,176.00. The funds needed for this work are available m Operating and a budget amendment is needed to transfer the remaining funds from Capital. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the Transportation Services Director to execute Work Order #TS-BL-0004. and authorize all necessary budget amendments required to complete this phase of design Daniel A. DeCesare. Engineer II REVIEWED BY: .~-~i*?q '~. ~c;'O,'/' / DATE: S t~ ~4 C a m e / ~ //~ F :,,~,~~ DATE: U: / Edwhrd J. Kant,~.E.~ansportation Services Director REVIEWED BY: ~ ~:. ~~ DATE:L Edward Einn, Interim Public Works Administrator FEB 2 2 2000 WORK ORDER # TS-BI.-0004 Agreement for Fixed-Term Professional Landscape Architectural Services Dated .hlly 28, 1998 (Contract #98-2777) Tills \Vork Order is for professional engineering sen'ices for work known as: Sendces During Construction for Bayshore MSTU Streelfcap¢ Projecl. Tile work is specified in tile proposal daled J,'lnuaD' 19, 2000, which is attached hereto and made a pan of this \Vork Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #TS-BI,-0004 is assigned to Bother Land Design. Inc. ~;cope of VVork: As detailed itl 1he attached proposal dated JanuaD, 19, 2000. Schedule of Work: Complete work within 180 d0y~ from receipt of the Notice to Proceed authorizing start of work. Compensalion: In accordance wilh Arlicle Five of thc Agreement, tile County will compensate tile Finn in accordance with the negotiated lump sum or time and material amount provided in tile schedule below (i f a task is lime anti rnaterial, so indicate and use the established hourly rate(M as cm]meraled in Schcdtdc "A" of the Agreement). Task Bidding CoBlrac[ .-\t]lllillisll'alioll Period on-silo ]nspcctmns Post-Conslruclion Waganly Inspections ' Reimbursalqc Expenses TOTAL for Work Order S 12 ~3 I ,196.iff) 58,106.OO $2,0()t).(1() $8% ! 76.O0 ncgolialcd hmlp sum ncgolialcd ]tllllp SHill negotiated lunlp sum ncgoliated lump sum lime and materials --not to exceed without written attthorization Anv change within monetary :mlhority of this \Vork Order made subsequent to final department approval will he considered an additional service and charged according to Sclledulc "A" of the ,,\grccmcnt. ~- Approved as to Form and legal suflicicncv: [)ate Date ACCEPTED BY: Bother l,and Design, Inc. · 'f'"" -~;ign{turc- ATTEST: ~ $~nature (C~orale kcreta~'~ Date Date J'-- ,ca,o,. <r%. I' I ] .o. i i 22200o I Date: To: From: Re: December 22. 1999 Dan DeCesare, Project Manager Collier County Transportation Dept. George Botner, ASLA Botner Land Design, Inc. Bayshore Drive Landscape BOTNER LAND DESIGN INCORPORATED LC 00003oO BAYS}lORE DRIVE STREETSCAPE CONSTRUCTION PHASE SERVICES Work Order # TS-BL-0004 Bopper Land Design, Inc. (BLD) is pleased to provide this proposal for Construction Phase Services for:the implementation of Streetscape Improvements for Bayshore Drive fi.om Thommasson Drive on'the south to East Iamiami Trail (U.S. 41 ) on the north as described in construction plans and spex:ifications as prepared by BLD. SERVICES: BLD will assist Collier County Transportation Department with administration of the County's contract for construction as detailed within plans prepared by BLD. II. The Collier County Transportation Department is the County's contract representative and Project Manager for all Additional Services outlined herein, and such County agency shall serve as the liaison with BLD and also as the contracting authority with the future construction contractor for Bayshore Drive Streetscape. III. Standard Contract Documents (i.e., boiler plate formats) for construction, bidding, and contract award and implementation purposes shall be provided by the Transportation Department management consistent with Collier County purchasing policies. BLD shall review, comment on, and subsequently assemble and bind in a professional manner said boiler plate formats along with its technical specifications and bid schedule to result in the official Contract Documents for bid letting purposes by County. IV. BLD shall conduct a quality review of previously completed design drawings, plans, details, and estimates of work and cost jointly with the County immediately upon the complete execution of this Work Order # TS-BL-00004 instrument. BLD agrees to supplement and/or revise said design documents resulting fi.om the quality review (if deemed necessary by BLD and/or County) prior to County's commencement with bid letting activities. 'V. All additional Services herein with the exception of reimbursable (out-of-pocket) expenses. shall be paid unto BLD on the basis of lump sum fixed price fees. xx~xxv, bot;~erland.com PLANNING & LANDSCAPE ARCHIT '~'c' I I [ 172 CO£LIER BUSINESq PLAZA 3050 N. HORSLSHOE DRIVE NA PL 1-.: o41 649.4-t26 FAX 941 . 6 4a 7627 E m a i I B o 1 n · r L ECTURE FEB 2 2 2000 Bavshore Drive WO TS-BL-0004 December 22. 1999 Page 2 VI. Reimbursable (out-of-pocket) expenses shall not exceed the maximum amount of $2,000.00 and shall be payable as part of periodic invoicing by BLD. Reimbursable expenses may include such items as justifiable long distance phone calls, printing of construction plans and Contract Documents, and out of town travel. BLD shall coordinate preapproval of out-of- pocket expenses larger than $100.00 with County prior to actual expenditure/purchase by BLD. VII. Consultants and BLD shall perform and provide all Additional Services herein under the direction and authority of the County's Project Manager. VIII. BLD shall coordinate Additional Services herein with Collier County DOT representatives, utility owners, contractor representatives, and other parties/entities as deemed necessary and requested by County's Project Manager so as to maximize effective communications on project work scope. IX. Bidding services to be performed and provided by BLD during this bid stage of activities include the following: A. BLD will prepare and submit bound original bidding documents to County. including: (*) 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) 13.) 14.) 15.) 16.) 17.) (*) Legal Advertisement Instructions to Bidders Bid Proposal, Bid Schedule, and other Proposal Documents Agreement for (construction) Performance and Pa3~nent Bond Forms Insurance requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications (for landscape, irrigation, etc.) Permits (if applicable) Standard Details (if applicable) Plans and Specifications Items 1-13 to be provided by County. Bayshore Drive WO TS-BL-0004 December 22.1999 Page 3 Xo B. BLD will assist County in primao' bidding activities, including: 1.) 2.) 3.) 4.) 5.) Attendance and participation in the pre-bid conference. Written issuance of design clarifications to County. Preparation and issuance of formal (written) Addenda. Evaluate bid proposals, and recommend contractor for construction contract award purposes. Revise and issue design plan revisions and/or supplements to County. BLD shall expedite all bid stage services in consideration that time is of the essence. Draft Contract Documents and technical specifications shall be submitted to County for review no later that 14 calendar days after full execution of this Work Order # TS-BL- 00004. Services to be performed and provided by BLD during the entire construction stage for Bayshore Drive are as follows: A. BLD shall administer construction contract activities on behalf of, and with assistance by, County including preparation and processing of: 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) Inspection Reports Periodic status repons, weekly. Review and approve (by' signature) contractor payment requests. Requests for design/technical clarification. Shop drawings; product submittals. Construction test reports (request, evaluate, correspond, etc.). Construction Change Orders. Design plan revisions and supplements. Construction contract clarifications and amendments. Project close out activities in accord with County Contract Documents including semi-final and final inspections, punch list work reviews, compliance if final/actual construction costs, permit compliance, certifications of "as-built" plans, project certification, final acceptance, final contractor payment, etc. Correspondence with FDOI, County, utility owners, and other pertinent parties/entities having involvement or interest in the project. Written (typed) minutes of construction and pre-construction meetings. FEB 2 2 2000 Bayshore Drive WO TS-BL-0004 December 22.1999 Page 4 BLD will visit the construction job site to observe contractor compliance with intent of the design plans and Contract Documents. BLD will retain other technical support professionals for driveways and curbs, bridge structural, and lighting electrical as it deems necessary for inspections of these facilities contained within BLD Construction Documents at no additional charge to fees shown herein. 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) Conduct weekly project progress meetings. Conduct periodic inspections of contractor's work in progress, with written (typed) memoranda to County of findings or deficiencies. Observe contractor testing of in-place work and materials. Coordinate general construction activities and design requirements between contractor, County, FDOT and other pertinent parties/entities. Conduct and report on semi-final (substantial. completion) inspection. Conduct and report on final acceptance inspections and punch list work reviews. Conduct design related activities and perform various technical duties consistent with Professional's technical specifications. Conduct landscape selection inspections at the site of supply/source for tagging and approval of tree and royal palm materials to ensure compliance with industry, quality standards and project technical specifications. C. Post-Construction Additional Services to be performed and provided by BLD are as follows: 1.) 2.) BLD will coordinate and conduct a 90 day project warranty inspection with County, contractor, and FDOT in accordance with the Contract Documents. BLD shall issue technical memoranda summarizing findings and recommendations resulting from the 90 day warranty inspection, and shall assist County to conclude remaining contractor obligations. Do Fees Compensation for Services set forth in this Work Order # TS-BL-00004 are the following lump sum budget amounts which shall be billed twice monthly in accordance with actual hours or reimbursable costs expended: Task Item Description A. Bidding B. Contract Administration C. Periodic on-site Inspections D. Post-construction Warranty Inspections E. Reimbursable (out of Pocket) Expenses TOTAL MAXIMUM FEE AMOUNT = Fee Amount $12.970.00 $31.196.00 $34,904.00 $ 8,106.00 $ 2,000.00 $89.176.00 Bayshore Drive WO TS-BL-0004 December 22. 1999 Page 5 Task Items A-C above are lump sum fixed price services, and item D shall be paid on the basis of invoices/receipts not to exceed the maximum amount of $2,000.00. Professional services and fees negotiated by the parties reflect a construction contract period not to exceed 210 calendar days fi.om contractor Notice to Proceed. BLD shall commence with services herein immediately upon full execution of this Work Order # TS-BL-0004 by the parties. Respectfully submitted: BOTNER LAND DESIGN. INC. George Botner ASLA President. LC # 0000360 Z oooooo FEB 2 2 2000 BUDGET AMENDMENT REQUEST For Budget/Finance Use O'nly BA# JE# BAR# A.P.H. Date IFUND TITLE: Bayshore Beautification MSTU Date prepared: ~dl 1/2000 Approved by BCC on 2/2~00 FUND NO. 160 Attach Executive Summary Item No. 16(B)(11) Operating Cost Center Title EXPENSE BUDGET DETAIL n/a 162518 IIPr°Ject Cost Center No. Title Expenditure Increase Current Revised Object Code Expenditure Title (Decrease) Budget Budget 631403 Engineering Fee - Other A/E Fee 45,000 60,000 105,000 Capital Outlay Cost Center Title 162518 Cost Center No. TOTAL 45,000 Bayshore Drive Project Title 66069 Project No. Expenditure Increase Current Revised Object Code Expenditure Title (Decrease) Budget Budget 763100 Improvements- General (45,000) 1,232,200 1,187,200 Cost Center Title Cost Center No. TOTAL (45,000) Project Title project No. Expenditure Increase Current Revised Object Code Expenditure Title (Decrease) Budget Budget TOTAL Icost Center Title REVENUE BUDGET DETAIL Cost Center No. IProject Title IProject No. RevenueI Increase Current Revised Object Code! Revenue Title (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Additional funds are needed to cover the ongoing expense for engineering fees not originally budgeted for. Work Order #TS-BL-0004 is for S89,176. Where are funds available? Funds are available in the Bayshore Drive Project #66069, Improvements - General of Fund 160. REVIEW PROCESS DATE Cost Center Director: DivisionAdministrator:,~~ ,.~/~ j Budget Department: ~ f - v // , Agency Manager: Finance Department: Clerk of Board Admin: Input by: B.A. No: EXECUTIVE SUMMARY APPROVE WORK ORDER #PHA-FT-00-01 WITH PITMAN-HARTENSTEIN & ASSOCIATES, INC. FOR THE S.R 84 AND C.R. 951 INTERSECTION IMPROVEMENTS, PROJECT NO. 66065; CAPACITY/SAFETY OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order #PH- FT-00-01 for the S.R. 84 and C.R. 951 Intersection Improvement Project. DESCRIPTION: As part of the County wide intersection improvements, the intersection improvement at S.R. 84 and C.R. 951 is necessary to improve the traffic flow. The improvements include lengthening the left and right southbound turn lanes on C.R. 951. Staff-has negotiated this work order with Pitman-Hartenstein & Associates for the design of the improvements recommends that it be approved. Work Order #PHA-FT-99-2 This Work Order #PHA-FT-00-01 $6,300.00 - $39,800.00- Design Study for S.R. 84/Commercial Dr. and S.R 84/C.R. 951 Intersections S.R. 84/C.R. 951 Design Ser¥ices Proposed Contract Amount $39,800.0O FISCAL IMPACT: A budget amendment is needed to transfer $39,800 from Gas Taxes into this project. Funding source is Gas Tax. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment, and authorize the Public Works Engineering Department Director to approve Work Order #PHA-FT-00-01 on behalf of the Board. SUBMITTED BY: -'" ' -~"" '" ' "--'"-> Date: ..,} _/c Micah K.~_Massaquoi, P.E., PMP Project Manager, Public Works Engineering Department REVIEWED BY: -' _. -. ~'Jeff Bibby, P.E. Public Works Engineering Director APPROVED BY: : Ed Finn / Interim Public Works Administrator Attac~ent: Work Order 8PHA-FT-00-01 Date: Date: 2_ ~/0 - ~:'o FEB 2 2 2000 WORK ORDER # PIIA-FT-00-01 Agrtement for Fixed Term Profc.lonal Engineering Services Dated D,cember 8, 1998 {Contract #98-2835) This 9,'o~k Ord~ ~$ for professional cngmccting ~erv~CCS for work known as D_a22a_DuuleYard/ Co[li~l~vatd <f.kL C.R. 9511 Intcr~glion Improvements. Thc work ~ ~pccified in Ih: proposal dal~d December 6, 1999, which i~ attached beetle and made a part of this Work Order. In accordance with the Terms and Conditions or the A~rccmcnl refcrtnc~ above. Work Order ~PiIA-FT-00-01 is assigned to Pitman-HarlenMem & Scone of W~rk. Talk I Davis Boulevard & Collier Boulevard Intersection D~sign and PcrmiHing Services, Schedule of Work: Complete work within_.l~O cal~:~ days from receipt of thc Nolicc to Proceed authorizing start of work. ~LflmlLgllaMa~ll:. In accordance with Arlicle Five of the AgrcemcnL the County will compensate thc Flr~ tn accordanc~ with thc ncgotlalcd lump ~um amount indicated ~n schedule below. Task I $39, 800.00 (lump sum) TOTAL FEE $39,800.00 Any change wnhin monetary authority of thl~ Work Order made .~ubscquenl to finil dep~rlment approv,l will be considered an additional service and charged according to Schedule "A" of Ibc Agreement. PREPARED BYs.~~ ' , ~-,'7> Micah ~Mas~aquo:. P.E.. PMP. ProJect Manager Date AUTHORIZEI~ BY: Edward J. Kant, P.E., Transportation Director Date APPROVED Jeff B~bby, P E., PWED Department Approved as to Form and Legal Sufficiency M_ ] ~ / ''~ Asa~slant Courtly Altorney ~/ ATTEST: / {Oorporatr Secretary) Alan IFa~ton~toin, Exc'culivo Vice Presiclonl Type Name and Title ACCEPTED BY: /N~me of F~rm Signature Alan ]iartenstein Executive Vice PresSdent i ' ~,G£nD~ JT£M 'x ! f'EB 222i I December 6, 1999 Mr. Micah Massaquoi, P.E., P.M.P. Collier County Public Works Engineering Department 3301 E. Tamiami Trail. Building D Naples, Florida 34112 Re: Davis Boulevard {,S,R. 84). C.R. 951 PH&A Project 9902-2C Dear Mr. Massaquoi: \Ve have enclosed our Scope of Services with related compensation for the above-referenced project. \Ve have also enclosed a spreadsheet of estimated manhours supporting our compensation figure. Please reviev,' the Scope and figures, lfvou find these documents acceptable, please have a purchase order issued and advise when x,.'e can proceed. If you need more infommtion, please let us knox','. \Ve appreciate this opportunity and look £orv,'ard to working with you again. Sincerel>~ ~,e~or~rinson, P.E. GRB/]f Enclosure P59902-2Cb\dmin' massaqu.wpd FEB 2 2 2000 F'G. 4755 SUMMERLIN ROAD · SUITE 8 · FT. MYERS, FLORIDA · 33919 ·(941) 936-6466 · FAX (941) 936-7153 November 30, 1999 SCOPE OF SERVICES Davis Boulevard (S.R. 84) and C.R. 951 Intersection Improvements Collier County I. INTENT To provide design and construction plans for turn lane improvements to C.R. 951 recommended by the "Intersection Improvements Report for Davis Boulevard (S.R. 8.4) and C.R. 951" dated October 1999. The improvements include lengthening the left and right southbound turn lanes on C.R. 951 and milling and resurfacing the existing southbound pavement within the limits of construction. I1. ELEMENTS PROVIDED BY THE CONSULTANT The Consultant shall provide 30%, 60% and final plans preparation and assembly as outlined in the Florida Department of Transportation Plans Preparation Manual and as required by the Count),' including the follov,'ing: Provide limited design survey necessar5' to prepare construction plans. Perfom~ the plans preparation and assembly to provide final plans and technical specifications for bidding purposes. Separate technical specifications ,,,.'ii1 not be required, as FDOT Standard Indexes and specifics ,,,.'ill be referenced in the plans, as applicable. Provide required corrections or additions to the'plans brought about by the County quality assurance reviews. Provide bid items and a quantity take-off of all quantities needed to bid and construct said project. 6. Coordinate and pen'nit improvements with FDOT. Coordinate improvements with the existing utilities and utility companies. Meet a maximum of two times wilh the utility companies. Ifrclocations are required, they wilI be designed bv thc individual utility companies. Planstobi ~ ' ~ar~o~'~_~zt~ ,, I 2ooo Pitman-Hartenstein & Associates, Inc. P: 9902-2C':\dmin 95 l-scopc.wpd November 30, 1999 the utility comt)anies at the 30% and 00% phase submittals. Provide cost opinion of proposed in-~pro,`'ements at the 60% and final submittal stages. Bidding assistance to be provided, including providing clarifications to bidders, addendums, bid tabulations, and award recommendation. 10. It is the intent that the traffic control design ,,,.'ill consist ofgeneral notes, phase notes and typical sections with reference to applicable FDOT standard indexes. Detailed maintenance of traffic plans are not included in this scope. Ifa lane closure analysis is required by FDOT, 24 hour traffic counts will be provided as additional ser~'ices. 11. The improvements will require only minor adjustment of the existing storm drain system. South Florida Water .Management District permitting and storm drain anal,`'sis is not expected to be required and not included in this scope. 12. Preparation of an EPA. NPDES Notification of Intent for construction, il' required, is expected to be the responsibility of the contractor and is not included in this scope. 13. Improvements to street lighting and or signalization are not expected to be required and are not included in this scope. 14. Construction ser-,'ices to be provided as a limited set-vice as requested. ELEMENTS TO BE PROVIDED BY THE COUNTY ~ O' O/ In-house review of all elements of the plans at .2070, 6070, and Final Plans stages. Assist in FDOT and utility coordination as needed. Responsible for permit application fees, as applicable. V. PROVISIONS OF WORK The Consultant shall furnish two (2) sets of 24"x36" size plans for all County reviews, to adequately control and coordinate the design approvals. Two (2) sets of 24"x36" plans shall be provided to the utility companies for coordination purposes. A list of Bid Items to be utilized will be provided at the 60% submittal and a copy of the commtation booklet will be supplied for the final review. Consultant shall Furnish two Pitman-Hartenstein & Associates, Inc. P: .9902-2C',.,\dmin 951-scopc.v,-pd " 8', IA. FEB 2 2 2000 November 30, 1999 sets of approved final plans (24"x36") and bid item list for bidding purposes. The final submittal w/Il also include plans and survey on diskette (AutoCADD 14 format). Project and design documentation ,.,.'ill be provided in written format as appropriate throughout the project. VI. PLAN ASSEMBLY The Plan Assembly consists of'. and includes the following to be provided by the Consultant in thc contract plans preparation: Platt sot: 2-3. 5-7. 13-14. 15-16. 17. Kc'.' Sheet: Typical sections 'general notes; Summar,.' of Quantities; Roadx~ ay plan-profile (1"=20'); Cross sections; Traffic Control plan sheet: Signin~ and marking sheets (1 "=20', double stacked); Guide Si_~n Sheet; NOTE: Utility information to be shown on plan and profile sheets. VI. PHASE SUBMITTALS The phase review submittal sh?.'.l contain the items required as noted above and outlined in the PlansPrcparationManuaI. From thc dateofauthorization, the phase submittaIs are due on: TASK SCHEDULE 30% Phase 60% Phase Final Phase Eight weeks; Five weeks after reviexv comments are resolved; Four weeks after review comments are resolved. The Consultant shall prepare written responses to each phase review comment acknowledging design revisions or providing appropriate justification for design. Schedtde is subject to change based upon the utility coordination and permitting I FEB 22 2000: Pitman-Hartenstein & Associates, Inc. P: 99()2-2C:\dmii~ 951 -sc¢~pc wpd Page 3 of 4 November 30, 1999 VII. COMPENSATION LS or NTE Survey Roadway Analysis & plans Quantities Cost Opinion / Bid Item List FDOT Pennitting Meetings / Field Review Utility Coordination Survey Coordination Advisory Sec'ices Durim, Biddin,, S lll00 S 19500 S 1500 $ 1 000 S 1 200 S 2 000 S 1,500 S 1,000 S 1.000 L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. Post Design Services To be negotiated later TOTAL $ 39.800 All tasks with related fees are eligible for work in progress payments. Pitman-Hartenstein & Associates, Inc. P: 9902-2C ..Xdmm 951 -scopc.~vpd Page 4 TASK LIST I);l~is I~OLIIc~ ;Ird (~.1,[. 84) and (.'.R. 951 - Inlcr,,ct'tion Inlpro~ entcnts 1 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 2! 22 23 24 25 25 27 29 3O 3~ 32 33 34 35 I:.ESI(;N Traffic Da:a Pa~ emcnt Design Gcomelo Design ofSm~ Se~cr BTOTAI_ DESIGN PLANS Ke~ Sheet Typical Scctmn / General No,es Sheet SummaU of Quan~mc~ Plan and Cross Secl~on Traffic Control Plan L'nh~> ..Xd] uq 5:gmng & ['n~'t Mark;ag l'la~s Guide S:g~ Sheet Compu:at.m Books Cost Quah~? Control Su~-. ~s:on SL'BT()] PEKM[~ING XPDES SUBTO7 xI PROJE(W M ~NA(;EMEXT M~sc Mcc'mg5 Su~c? (' ,r.Snat:,.m TOTAL IS l.S I.S IS Sheel Sbu'el Sheet S h e,..'t Shccl Sheet Sheet IS [: ,\ IS IS 3 15 2 3 2 1 2 0 (I 0 0 o 0 8 o 8 ,.,1 0 4 o 12 0 0 4 q (, 44I 5 . 0 B) 0 FDOT Standards 0 0. shtf~ DBt catv. sho. o~ Iht t' 0 0 1"=20' 0 0 0 1"=29' Prcparcd by: p oorC-2C'Adnun 05}.,task 123 PH,,\ GRB D3t,27 I1.30 99 .o.. JO, ( -./ FEB 2 2 2000 EXECUTIVE SUMMARY APPROVE CONTRACT FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES BY JOHNSON ENGINEERING, INC. FOR IMMOKALEE ROAD (I-75 TO C.IL 951) FOUR LANE IMPROVEMENTS, PROJECT NO. 69101; CIE NO. 8. OBJECTIVE: To receive Board's approval of the negotiated contract for Construction Engineering Inspection (CED services by Johnson Engineering, Inc. (JEI) for the Irnmokalee Road four lane construction project. CONSIDERATIONS: On January 25, 2000, the Board authorized staff to begin contract negotiation with the top ranked firms for Construction Engineering Inspection Services for Immokalee Road four lane construction project. Staff began contract negotiations with fEI, the number one ranked firm and has successfully completed the scope and cost of the CEI services with fEI as summarized below: Task No. 1 Constructibility Review $ 0.00 Task No. 2 Survey Control $ 24,135.00 Task No. 3 Clearing & Grubbing $ 20,060.00 Task No. 4 Utility Relocation $ 69,242.00 Task No. 5 Roadway and Utility Construction $342,608.00 Task No. 6 Reimbursables $104,000.00 Task No. 7 Startup, Closeout, Warranty Inspections $ 6,400.00 TOTAL CONTRACT AMOUNT $566,445.00 Staff also recommends that a work order for $56,500 be opened for construction testing services to be performed by Forge Engineering, Inc. under the Annual Material Testing Services with the County. Staff removed the testing services from the JEI negotiations since there is already a negotiated contract with Forge Engineering for materials testing under the County Annual Contracts. Also, as part of the negotiation, a County inspector will serve on the fEI team. Staff recommends that the Public Works Engineering Department be authorized to authorize fEI to supply additional inspection staff (subject to County Purchasing Guidelines) in case the County inspector is unable to perform. This action would ensure adequate engineering inspections for quality and cost control purposes. FISCAL IMPACT: Funds in the amount of $602,955 are available in the Road Impact Fees District 1, and Road construction Gas Tax, for Immokalee Road Project. Fund source is Impact Fees and Gas Tax. A budget amendment is needed to transfer funds in the amount of $20,000 from Water Capital reserves into the Water portion of this project. Funding source is User Fees. GROWTH MANAGEMENT IMPACT: This activity is necessary to implement the Capital Improvement Element No. 8 which is consistent with the Transportation sub-element of the Growth ~""~anagement Plan. PG. I Immokalee Road CEI Executive Summary, Page 2 of 2 ~._...RECOMMENDATION: That the Board of County Commissioners: ) Approve the amount and authorize the Chairman to sign the standard County Agreement after the County Attorney review. (2) Authorize the Public Works Engineering Director to approve a work order for $56,500 to Forge Engineering and execute said work order on behalf of the Board. (3) Authorize the Project Manager to authorize JEI to supply additional inspector(s) in accordance with Purchasing guidelines to cover County inspector when needed, and authorize the Public Works Engineering Director to approve and execute said change order on behalf of the Board. Approve the necessary budget amendment. (4) SUBMITTED BY: ~f ,-~ ~ Micah K. Ma~, P.E, PMP Project Manager, PWED REVIEWED BY: ~ "~~~~ Date: Date: ~'~eff Bibby, P.E. Director, Public Works Engineering Department Steve Camell /.)-' --- Director, Purchasing/General Services APPROVED BY: "Edward N. Finn' Interim Public Works Administrator FEB 2 2 2000 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ~ day of 2000, by and between the Board of County Commissioners for Collier County, Flodda, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Johnson Engineering, Inc. a Flodda corporation, authorized to do business in the State Of Flodda, whose business address is 2158 Johnson Street, Fort Myers, FL, 33902-1550 (hereinafter referred to as the "CONSULTANT"). WITN ESSETH: WHEREAS, the OWNER desires to obtain the professional Construction, Engineering and Inspection services of the CONSULTANT concerning certain services for Immokalee Road Construction Project (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that professional services that will be required for the Project. it has expertise in the type of NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 99-2996 CEI Services for Immokalee Road FEB 2 2 200u ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering and Inspection services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Flodda and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and .)ther governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in wdting, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized 'and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT,' acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. A,G~NOA l'r~# _., B 99-2996 CEI Services for Immokalee Road ~0.~ 3 FEB 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. CONSULTANT asserts to OWNER that all evaluations of the OWNER'S Project budget, )reliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors nor for the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 99-2996 CEI Services for lramokalee Road FEB 2 2 2000 \ If authorized in writing by OWNER, CONSULTANT shall fumish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B, Attachment B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be fumished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida Department of Transportation, South Flodda Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless the specific obligations regarding the specified permit are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 99-2996 CEI Services for Immokalee Road FEB I ~. 7 ~--'-- i 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for herein. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 99-2996 CEI Services for lmmokalee Road FEB 2 2 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not cust0madly fumished in Collier County in accordance with generally accepted engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: 3.2, (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints,: 99~2996 CEI Services for Immokalee Road space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or constructiOn of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 ~.,,,, /8 , - Project Schedule as determined by the County Project Manager or their designee. Time is of the essence with respect to the performance of this Agreement. ,. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts Of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any dght which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be.the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for eady completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within two (2) calendar years of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period, plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other 99-2996 CEI Services for Immokalee Road .~._..available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold .~ny and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfac'~ion that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof, as well as additional services as required, with the prior approval of the County Project Manager or their designee in _accordance with the fees set forth in Schedule B, Attachment B. Compensation for 0eimbursable items as approved in advance by the County Project Manager shall be in accordance with Schedule B, Attachment C, in an amount not to exceed one hundred and four thousand dollars ($104,000). ARTICLE SlX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER 3grees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attomeys 99-2996 CEI Services for Immokalee Road I AGENO& IT[l~ I~0 o ~,_~.~ FEB 2 2 2000 ~.., /~ fees incurred by CONSULTANT, which claim adses out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1, CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, adsing out of or, incidental to the performance of this Agreement or work performed thereunder. The 99-2996 CEI Services for Immokalee Road ~0. 1 FEB 2 2 2000 consideration exchanged and the provisions of this paragraph shall also pertain to any claims orought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any 99-2996 CEI Services for Immokalee Road NO-~i2 FEB 2 2 2000 such party or any third party any claim or dght of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 'ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in wdting and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in matedal default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT 99-2996 CEI Services for Immokalce Road FEB 2...2 2000 ., / ~_. provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against 'OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the dght to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days wdtten notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably 3ossible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 99-2996 CEI Services for Immokalee Road FEB 2 2 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement pdce was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit~ costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 15 ~---- NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida c/o Office of Capital Projects Management 3301 Tamiami Trail East Naples, FI. 33962 Attention: Micah Massaquoi 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States 'ostal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Johnson Engineering, Inc. 2158 Johnson St. Fort Myers, FL 33902-1550 16.3. Either party may change its address of record by wdtten notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms [hereof shall impair the rights or liabilities of either party. 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 16 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, b~ CONSULTANT without the pdor written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience 0nly and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of fifty seven (57) continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement, between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 99-2996 CEI Services for Immokalee Road AG~leDA ~ I FEB 2 2 2000 17 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services ~greement for the day and year first wdtten 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 ~.gal sufficiency: Melissa A. Vasquez Assistant County Attorney Johnson Engineering. Inc. Witness (1) By:. (Print or type name) (CORPORATE SEAL) Witness (2) (Print or type name) 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 ,., .G. 2,O . 18 SCHEDULE a SCOPE OF SERVICES - Contract # 99-2996 "CEI Services for Immokalee Road PROJECT GUIDELINES AND CRITERIA for IMMOKALEE ROAD CONSTRUCTION. ENGINEERING & INSPECTION SERVICE,$ THE COUNTY has established the following Guidelines, Cdteda, Goals, Objectives, Constraints, Schedule, Budget and/or Requirements which shall serve as a guide to the CONSULTANT in performing the professional services and work to be provided pursuant to this Agreement: The purpose of this document is to support the Project in sufficient detail that the CONSULTANT can follow the task descriptions and prepare the basis of compensation for services in sufficient detail to assure the COUNTY that all anticipated tasks necessary and the corresponding compensation required have been identified and defined by the CONSULTANT. The services provided by the CONSULTANT shall include all anticipated work necessary for the construction phase of the project to ensure a complete, competently constructed and functional project. The CONSULTANT shall provide all services required to ensure that the project is completed on time and within the odginal budget. Should changes in standards, unforeseen or unanticipated scope of services, environmental regulations, and permitting requirements occur after execution of this Professional Service Agreement which substantially affect the effort required, compensation for the additional effort will be negotiated. The project includes the construction, engineering and inspection services required to oversee, manage and coordinate the roadway work (earthwork, drainage, utility relocations, paving, signalization, pavement marking, signing, landscaping, etc.) required for the construction of a four (4) lane divided roadway 3.426 miles. In addition to the roadway work, this project includes the construction of a two (2) lane, Iow level bddge over the Cocohatchee Canal at CR 951 (Broken Back Bridge), with driven concrete piling, cast-in-place substructure, cast-in-place deck, concrete sheetpile seawalls, and all associated work. The services provided will include all necessary field surveys, furnishing offices, on site and off site field inspections, documentation of on going work, problem resolution, claim review and documentation, technical engineering inspections, review of contractors invoices, final and warranty inspections and reviewing of "as-built" drawings. 99-2996 CEI Services for Immokalee Road 9 ,--. BASIC SERVICES Section 1 - GENERAL SCOPE STATEMENT The CONSULTANT shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the BASIC SERVICES under the covenants, terms, and provisions of this PROFESSIONAL SERVICES AGREEMENT: This statement of work describes and defines the services which are required for construction, engineering, inspection and contract administration for the IMMOKALEE ROAD PROJECT. The CONSULTANT shall be responsible for all Construction Engineering Inspection (C.E.I.) and administrative functions as defined in this Attachment "A". The CONSULTANT may also be responsible for all functions required to monitor a precast facility. The CONSULTANT shall utilize control procedures so that the construction of the hereinafter listed projects is performed in conformity with the plans, specifications and contract provisions for such projects. The CONSULTANT shall not be responsible for the construction documents including the plans titled "lmmokalee Road" for Collier County (Project No. 69101) and specifications prepared by the Engineer of Record. The CONSULTANT shall provide personnel meeting the requirements set forth in Section 6.0 of this Attachment "A" in sufficient numbers and at the proper times so that the responsibilities assigned under this Agreement are effectively carded out. All C.E.I. and contract administration activities shall be performed in accordance with the established standard procedures and practices of Collier County. Pdor to fumishing any services, the CONSULTANT shall familiarize himself with procedures and practices for C.E.I. and contract administration used by Collier County. The CONSULTANT shall maintain close coordination with the COUNTY Project Manager or their designee and the Contractor in order to minimize rescheduling of the CONSULTANT'S activities due to construction delays or changes in scheduling of the Contractor's activities. Section 2 - LIAISON The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this Agreement on the construction projects covered by this Agreement. Ail activities and decisions of the CONSULTANT relating to the project shall be subject to review and concurrence by the County Project Manager or their designee. The CONSULTANT shall provide coordination of all activities, correspondence, reports and other communications related to its responsibilities under this Agreement necessary for the County Project Manager or their designee to carry out his responsibilities. 99-2996 CEI Services for Immokalee Road no.~ 20 FEB 2 2 2000 C.E.I. forces will be required of the CONSULTANT at all times while the contractor is working on the construction contract. If the construction contract is suspended, the CONSULTANT'S force,. will be adjusted at the direction of the County Project Manager or their designee to correspond with the type of cessation, either complete or partial. Section 3 - COOPERATION AND PERFORMANCE OF THE CONSULTANT Dudng the term of this Agreement, the County Project Manager or their designee or their designee will conduct reviews of the vadous phases of the CONSULTANT'S operations, such as construction, engineering and inspection, materials sampling and testing and administrative activities. Reviews will be conducted in accordance with existing COUNTY practices on work phases to determine compliance with this Agreement and the sufficiency with which control procedures are being effectively applied to assure that the construction work and administrative activities are performed in reasonable conformity with COUNTY polities, plans, specifications and contract provisions. The CONSULTANT shall cooperate-and assist the County Project Manager or their designee, in the conduct of the reviews. When deficiencies are indicated in a review, remedial action shall be immediately implemented by the CONSULTANT in conformance with the County Project Manager or their designee or their designee's recommendations. In general, remedial action shall be required commensurate with the degree and nature of the deficiencies cited. Remedial actions may include any or all of, but are not necessarily limited to, the following actions: Further subdivide assigned inspection assign additional inspection personnel. within one week of notification. responsibilities, reassign inspection personnel or The CONSULTANT will comply with this action (2) Replace personnel whose performance has been determined by the County Project Manager or their designee to be unsatisfactory. When directed in writing by the County Project Manager or their designee, any person whose performance has been determined to be unsatisfactory shall be immediately removed. (3) Increase the frequency of job control testing immediately in the appropriate phases of work where such is the responsibility of the CONSULTANT. (4) Increase the scope and frequency of all training conducted by the CONSULTANT. Section 4 - TASKS Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to task(s) and/or items set forth in A'I-I'ACHMENT "B" entitled "COMPENSATION AND METHOD OF PAYMENT". 99-2996 CEI Services for Immokalee Road FE:8 2 2 2000 TASK INDEX .~ 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 On-going Constructability Review Survey Control Items Fumished by Consultant Resident Inspection Testing Management Engineering Services Technical Engineering Inspections Review Contractors Invoices Close Out Inspection Final Drawings Warranty Inspection A. General: It shall be the responsibility of the CONSULTANT to provide services, as necessary, to administer the construction contracts in the manner so that the projects are constructed in reasonable conformity with the plans, specifications and contract provisions. The CONSULTANT shall advise the County Project Manager or their designee, in wdting, of any omissions, substitutions, defects and deficiencies noted in the work of the Contractor and the corrective action taken. The work provided by the CONSULTANT shall, in no way, relieve the Contractor of responsibility for the satisfactory performance of the construction contract. TASK 1.00 - ON-GOING CONSTRUCTABILITY REVIEW The CONSULTANT shall provide an On-going Constructability Review for of the contract covered by this agreement. This review shall be conducted by a the C.E.I. staff utilizing their experience and knowledge to perform a complete review of the project including the following items: design, environmental issues, permitting, maintenance of traffic, dght of way, utility coordination, and construction methods and procedures. Dudng the On-going Constructability Review, the CONSULTANT shall address the following items: 1. Be sure that the description of work is clear and concise. 2. Review the list of pay items to ensure that all items of work are appropriately covered. 3. Review the summary of quantities to be sure all given quantifies are accurate. 4. Review and comment on whether or not the construction sequence phasing and maintenance of traffic have been correctly addressed and handled. 5. Be sure the contract allows an adequate amount of time to reasonably construct the project. 6. Review the contract documents to ensure that the actual field conditions have been investigated and cleady represented in the documents. 7. Review such items as Utilities, Right of Way, Drainage, Maintenance of Traffic, Construction Sequences and Phasing, Permit Conditions, Quantities, and Equipment requirements. Note any items that may cause problems with the project. 8. Consider and comment on the field inspection per applicable standards, geotechnical investigation requirements, environmental compliance requirements and maintenance of traffic concepts. 99-2996 CEI Services for ~nmol~ce Road Determine the feasibility of construction equipment ingress, egress and placement at the job site including fight of way and/or construction easement requirements, soil conditions support heavy equipment and water depth sufficient to float barges. Determine if any temporary earth retaining structures or work bddges are required for the construction of the bddges, retaining walls and utilities and if they are required, what is the feasibility of constructing them. TASK 2,00 - SURVEY CONTROL Bridge Construction: The CONSULTANT shall verify the existence and accuracy of location for all reference points and baseline control points as indicated on the plans. The CONSULTANT shall re-establish any missing or disturbed control points as may be required to maintain the accuracy for survey control. The CONSULTANT shall verify the existing survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project for use by the Contractor and the CONSULTANT in performing verification surveys of construction layout. The CONSULTANT shall (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre-construction cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.), is part of the construction project; and (3) perform incidental engineering surveys as may be necessary to carry out the services covered by this Agreement and to verify and confirm the accuracy of the Contractor's survey layout work. The CONSULTANT shall vedfy that the overall layout of the structure and field controls such as survey monuments and bench marks used by the Contractor are correct and are adequately maintained by the Contractor for reference throughout construction. The CONSULTANT shall perform such reasonable checks as necessary to verify that the structures are being built in accordance with the plan dimensions and tolerances. He shall make every reasonable effort to expose gross errors in the Contractor's geometdcs before the construction of the item or component begins. TASK 3.00 - ITEMS FURNISHED BY THE CONSULTANT The CONSULTANT shall fumish and maintain a Construction Engineer's office(s) within an approximate one mile radius of where the CONSULTANT is to provide technical services under this Agreement. The site of the office, size of the office and accommodations shall be approved in wdting by the County Project Manager or their designee. The office shall be sized and so equipped to allow the CONSULTANT to efficiently carry out his duties. The office shall contain the following: 1) Approximately one thousand five hundred (1,500) square feet office space. 2) Floor space shall include restroom facilities, conference room/information center and vadous pdvate offices, including facilities to house the County Project Manager or their designee. (approximately one hundred twenty five (125) square feet). 3) Heating, air conditioning, lighting and telephone service. 99-2996 CEI Services for lmmokalee Road I FEB 22 2000 / 4) 6) 7) 8) 9) The conference room shall be approximately one hundred fifty (150) square feet. Water cooler. Water heater. Tie-downs capable of withstanding winds up to hurricane force (according to local codes). Parking spaces for up to ten (10) vehicles, for visitors and Collier County use, graded for drainage and suitably surfaced. Restroom connections to an existing sanitary sewer or a chemical holding tank. Meet all code requirements and fire specifications. Bddge and roadway drawings shall be displayed. The CONSULTANT shall maintain current photographic displays (album) of the project construction. The CONSULTANT shall provide copies of any photographs taken dudng the construction project as required by the County Project Manager or their designee. The CONSULTANT shall also fumish such other shelter, storage, parking spaces and equipment as required by the County Project Manager or their designee to effectively carry out its responsibilities under this Agreement. Furniture and office equipment supplied by the Consultant may include but not be limited to: desks, chairs, drafting tables, bookcases, file cabinets, calculators, computers and printers, telephones, copiers, fax machine and other items determined by the County Project Manager or their designee to be essential in order to carry out the work under this Agreement. All items, equipment, and furniture, purchased by the CONSULTANT for this PROJECT shall be approved in writing by the County Project or their designee prior to purchase by the CONSULTANT. All such purchases shall remain the property of the COUNTY, and shall be delivered at no additional charge to a COUNTY location as determined by the County Project Manager or their designee following completion of the PROJECT. Reimbursable Items shall be determined by, and require prior approval of, the County Project Manager or their designee, and may include but not be limited to purchased, leased and/or rented items. 99-2996 CEI Services for Immokalce Road FEB 2 2 2000 J / The office space provided for the County Project Manager or their designee shall be supplied by the CONSULTANT and shall include as a minimum a desk, rolling office chair, six foot (6') folding table, book case, two (2) drawer file cabinet, telephone (for local calls only) and calculator. The CONSULTANT will provide all survey equipment, field engineering equipment, testing equipment, photographic equipment, tapes, rules and any other items necessary. Quantity and quality of the items are to meet the County Project Manager or their designee's approval. Routine expenses for operation of the office, such a stamps, postal costs, custodial fees, telephone, utility services, etc., will be the responsibility of the CONSULTANT. The CONSULTANT shall provide a sufficient number of cleady identifiable vehicles (identified with CONSULTANT'S name) to accommodate his project personnel, to maintain the necessary coverage of the project and to adequately transport personnel and equipment as deemed necessary by the County Project Manager or their designee. The vehicles will be provided with necessary added features to safely carry concrete cylinders, density equipment, or any other equipment or materials as deemed necessary by the County Project Manager or their designee. The CONSULTANT will fumish and maintain hand-held radios, all on the same frequency, for his field personnel. At the discretion of the County Project Manager or their designee the CONSULTANT will furnish the County Project Manager or their designee with a cellular telephone (local calls only). The CONSULTANT shall supply the COUNTY with copies of all documentation required to keep the COUNTY completely informed as to the progress of the project. In addition, the CONSULTANT shall supply the COUNTY with one complete file, itemized and indexed, of all project records at the conclusion of the project. TASK 4.00 - RESIDENT INSPECTION The CONSULTANT shall provide personnel and services to monitor the Contractor's on-site construction operations as defined in this Attachment "A" and more specifically in Section 5.0. The standard procedures and practices used by the COUNTY for inspection of construction projects are those set out in the Flodda Department of Transportation's Construction Manual. The CONSULTANT shall perform inspection services in accordance with these standard procedures and practices and any other accepted practices as may be deemed appropriate and specifically authorized by the COUNTY Project Manager or their designee. 99-2996 CEI Services for Immokalee Road '"" "ASK 5.00 - TESTING The CONSULTANT shall perform, 'in conjunction with an independent, licensed laboratory, whose selection has been approved in wdting by the County Project Manager hired by the COUNTY, sampling and testing of component materials and completed work items so that the materials and workmanship incorporated in the project are in reasonable conformity with the plans, specifications and contract provisions. The minimum sampling frequencies set out in the Florida Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of materials and such testing of materials and completed work items that are normally done in the vicinity of the project. Inspection and sampling of materials and components required at locations remote from the vicinity of the project and testing of materials normally done in a laboratory remote from the project site will also be included. I'he CONSULTANT shall be specifically responsible for determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, D.O.T. label, D.O.T. stamps, etc. The CONSULTANT shall also be responsible for the quality assurance sampling of reinforcing steel. The County Project Manager or their designee will monitor the effectiveness of the CONSULTANT'S testing procedures by obtaining and testing independent assurance samples. Independent assurance sampling is necessary to vedfy compliance with the specification requirements. The CONSULTANT shall inform the COUNTY of schedules for sampling and testing as the work progresses on the construction contract so that Progress and Final Record sampling can be accomplished at the discretion of the COUNTY at the proper time. Sampling, testing and laboratory methods shall be as required by the Flodda Department of Transportation's Standard Specifications or as modified by the contract provisions. Documentation reports on sampling and testing shall be submitted to responsible parties dudng the same week that the construction work is done or as otherwise directed by the County Project Manager or their designee. The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix asphalt operations. 99-2996 CEI Services for Immokalee Road 2000 TASK 6.00 - MANAGEMENT I~NGINE~ERIN(~ SERVICES The CONSULTANT shall perform all management engineering services necessary so that proper coordination of the activities of all parties involved in accomplishing completion of the project is achieved; to maintain complete and accurate records of all activities and events relating to the project; to propedy document all substantial changes to the project; to provide interpretations of the plans, specifications and contract provisions in conjunction with the Engineer of Record; make recommendations to the County Project Manager or their designee to resolve disputes which adse in relation to the construction contract; and to maintain an adequate level of surveillance of the Contractor's activities. The CONSULTANT shall also perform any other management engineering services normally assigned to a Resident Engineer that are required to fulfill its responsibilities under this Agreement. All records and documentation will be in accordance with standard Flodda Department of Transportation procedures, formats and contents. Management engineering services shall include but are not necessarily limited to the following: Task 6.01 Schedule and conduct a pre-construction conference for the project. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. Task 6.02 Maintain on a daily basis a complete and accurate record of all activities and events, including but not limited to manpower, equipment, subcontractors, accidents, weather and other significant data and events, relating to the project and a record of all work completed by the Contractor, including quantities of pay items in conformity with Final Estimates preparation procedures and specifications and shall submit a copy monthly to the County Project Manager or their designee. The CONSULTANT shall immediately report apparent significant changes in quantity, time or cost as they are noted. The CONSULTANT shall maintain a daily Construction Diary which shall outline all activity on each project each day. All emergencies shall be reported immediately to the County Project Manager or their designee but in no case in excess of twenty four (24) hours. Task 6.03 Maintain a log of all materials entedng into the work with proper indication of the basis of acceptance of each shipment of material. Task 6.04 Maintain records of all sampling and testing accomplished and analyze such records required to ascertain acceptability of materials and completed work items. The field reports for records of work and testing results shall be submitted within one (1) week. Task 6.05 99-2996 CEI Services for Immokalee Road Maintain a complete log of all submittals of shop drawings, noting the dates of first submittal and subsequent reviews and re-submittals, approvals, etc. The CONSULTANT shall take note of and vedfy that any changes are propedy carried through to construction and shall further record, report, make recommendations and evaluate any circumstances which affect the progress or cost of the work. The CONSULTANT shall actively encourage all reviewers to accomplish reviews promptly. ~0o~ FEB 2 2 2OOO Shop drawings shall also include any manuals or similar documents outlining proposed construction procedures submitted by the Contractor. Task 6.06 Once each month, prepare a comprehensive tabulation of the quantity of each pay item satisfactorily completed to date. Quantities shall be based on daily records or calculations. Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress Estimate. Task 6.07 Provide to the Contractor, interpretations of the plans, specifications and contract provisions. The CONSULTANT shall consult with the County Project Manager or their designee when an interpretation involves complex issues or may have an impact on the cost of performing the work. When warranted, the County Project Manager or their designee may request an interpretation from the Engineer of Record. Task 6.08 Evaluate Value Engineering Change Proposals, in cooperation with the Engineer of Record, and provide conclusions as to whether or not proposed changes are structurally equal to the contract plans and specifications and evaluate the accuracy of the estimated savings to the COUNTY and Contractor. Task 6.09 Analyze all problems that adse on the project and/or all proposals submitted by the Contractor and prepare a recommendation to the County Project Manager or their designee with appropriate justification and documentation. Task 6.10 Analyze changes to the plans, specifications or contract provisions and extra work which appear to be necessary to carry out the intent of the contract when it is determined that a change or extra work is necessary and such work is clearly not within the scope of the odginal contract. Recommend such changes to the County Project Manager or their designee for approval. Task 6.11 In the event that the Contractor gives notice, either wdtten or verbal, that he deems certain work being performed by him to be beyond the scope of the construction contract and he intends to claim for additional time or compensation, maintain accurate records of the costs involved in such work. These records shall include manpower and equipment hours and materials installed (temporary or permanent) in the portion of the work in dispute. Task 6.12 In the event that the Contractor submits a claim for additional compensation, analyze the submittal and prepare a recommendation to the County Project Manager or their designee covedng validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete, accurate cost account and other records of work involved in claims. In the event that the Contractor submits a request for extension of the allowable contract time, analyze the request and prepare a recommendation to the County Project Manager or their designee covedng accuracy of statements and the actual effect of delaying factors on completion of controlling work items. 99-2996 CEI Services for Immokalee Road FEB 2 2 20O0 , Task 6.13 Upon identification of a proposed changed condition or construction contract change, the extent of change shall be analyzed and an order of magnitude estimate of cost and time change, if any, will be prepared. Pdor to receipt of the Contractor's estimate, prepare the fair cost estimate. Task 6.14 Negotiate all changes with the Contractor using the CONSULTANT'S pre-prepared fair cost estimate as a basis. Submit the results to the County Project Manager or their designee within two (2) weeks of the start of negotiations or report the major differences to the County Project Manager or their designee if agreement is not reached. The County Project Manager or their designee will review and approve recommended changes in cost and time. The CONSULTANT shall prepare supplement and change order documents and track the status of each one until executed. Task 6.15 Assist appropriate COUNTY personnel in preparing for arbitration headngs or litigation with any aspect of the projects covered by this Agreement. Task 6.16 Monitor the construction contract to the extent necessary to determine whether construction activities violate the requirements of any permits. Notify the Contractor of any violations or potential violations and require his immediate resolution of the problem. Violations must be reported to the County Project Manager or their designee immediately. The COUNTY will provide to CONSULTANT a copy of each permit within the Project limits. Task 6.17 Provide coordination between the Contractor and utility companies so that conflicting utilities are removed, adjusted or protected in-place in a timely manner to minimize delays to construction operations. Documentation will be maintained in accordance with the COUNTY's procedures. As required by the County Project Manager or their designee, provide inspection of utility work including reimbursable utilities that are shown in the Contractor's contract. This will also include all required documentation. Task 6.18 The CONSULTANT'S Project Engineer will conduct a weekly meeting as required with the respective Contractor, subcontractor and/or utility companies to review plans, schedules, problems or other areas of concem. The results of these meetings will be recorded on the Engineer's Weekly Summary with minutes distributed to all affected parties including the County Project Manager or their designee. Task 6.19 Conduct field reviews of the maintenance of traffic operation after normal working hours, weekends, and holidays if maintenance of traffic represents a potential hazard to the public. Task 6.20 99-2996 CEI Services for Irmnokalee Road Perform required survey work to prevent delaying the Contractor's operations when requested by the County Project Manager or their designee. When needed to prevent delays in Contractor's operations, produce reports, verify quantity calculations, field measure for payment purposes and/or wdte communications. no._~~ 29 FEB 2 2 ZOO0 Task 6.21 Address public information matters dealing directly with the construction project. The CONSULTANT shall be sensitive to public image, handling of press/media, project safety, maintenance of traffic issues, etc., and shall inform and assist appropriate COUNTY personnel and/or their designee in the presentation and dissemination of project information to the public. All public information matters dealing with situations not directly relating to the construction project shall be directed to the County Project Manager or their designee, who may delegate certain aspects to the CONSULTANT. Task 6.22 The CONSULTANT shall record the progress of work each month by taking color photographs. The number of photographs to be taken will be an average of ten photographs per month per contract on an on-going basis throughout the project. These photographs will depict operations in progress and completed work. Construction progress photographs - These photographs shall include typical reinforcing steel assemblies pdor to concrete casting for footing, columns, caps, beams, slabs, wall barriers, etc., and superstructure segments, falsework, erection trusses, etc. Photographic documentation of noteworthy incidents or events shall also be made. These may include: Preconstruction Photographs Exceptional Progress of Work Accidents Showing Damage Unsafe Working Conditions Unusual Construction Techniques Damaged Equipment or Materials Any Activities Which May Result in Claims Project photographs shall be fumished, as soon as available, to the County Project Manager or their designee. They shall be four by six inch (4" X 6") glossy prints, each pdnt mounted in a plastic protection sleeve designed to be inserted in a standard three-ring binder. Sufficient three-ring binders shall fumished by the CONSULTANT, for each set of photographs. The negatives shall be maintained for reproduction purposes, by the CONSULTANT. Ail pdnts and negatives become the property of County and shall be tumed over to the COUNTY upon completion of the contracts. Certain photographs will be maintained and displayed in the project office as previously mentioned. Task 6.23 The CONSULTANT shall be responsible for the review and acceptance of the Contractor's schedule. The CONSULTANT shall review the schedule to ensure that all general work efforts are addressed, that the schedule is following a logical approach to the job, that it is following sound engineering and construction practices and that it identifies all cdtical path work. The CONSULTANT shall review the Contractor's updated schedule and on a monthly basis, and after a review with the Contractor, advise the COUNTY of any areas the Contractor appears to be falling behind. 99-2996 CEI Services for Immokalee Road 2 2 000 ! Task 6.24 The CONSULTANT shall provide continuing support of a Partnering Program to facilitate a strong team effort toward the successful completion of the Immokalee Road Project. TASK 7.00 - TECHNICAL ENGINEERING INSPECTIONS The CONSULTANT shall provide the following: Task 7.02 The CONSULTANT shall provide personnel and services to monitor, observe, analyze and record all information and data required for the pile driving operation for test piles, production piles and pile length selection in accordance with this Attachment "A" and as more defined in Section 5, Technical Engineering Services. TASK 8.00 - REVIEW CONTRACTOR INVOICES The CONSULTANT shall review the Contractor's monthly Application for Payment. Payment shall constitute a representation by the CONSULTANTto the COUNTY that the Application for Payment reflects work completed to-date and to the best of the CONSULTANT'S knowledge, information and belief, the quality of the work is in accordance with the Contract documents and that the Contractor is entitled to the payment of the amount requested. TASK 9.00 - CLOSE-OUT INSPECTION/DEFICIENCY IDENTIFICATION Upon receipt of a wdtten statement by the Contractor to the CONSULTANT that the project is substantially complete, the CONSULTANT, in conjunction with the COUNTY, shall have a final close-out inspection. The CONSULTANT shall prepare a list of deficiencies and other items requiring correction by the Contractor for compliance with the plans and specifications. The CONSULTANT shall arrange to have the County Project Manager or their designee accompany its own representative dudng the preparation of said list of deficiencies. Upon completion by the Contractor of the work required to correct or otherwise rectify the items on the list of deficiencies, the CONSULTANT and the County Project Manager or their designee shall perform a final inspection of the project. After the final inspection is complete, the CONSULTANT shall prepare a Certificate of Completion of construction for COUNTY acceptance of the project. TASK 10.00 - FINAL DRAWINGS Assist the County in reviewing the contractor's "as-built" drawings to assure the drawings are complete and accurate. This review will be conducted as directed by the County Project Manager or their designee, throughout the contract duration. TASK 11.00 - WARRANTY INSPECTION 99-2996 CEI Services for Tmmokalee Road FEB 2 2 2OOO PG. ~.~',~ 31 ~he CONSULTANT, along with the County Project Manager or their designee, shall perform a warranty inspection of the project approximately thirty (30) days pdor to the expiration of the warranty to vedfy that the work performed by the Contractor has met all provisions of the one (1) year (or two (2) year) warranty pedod requirement of the construction contract. Should the warranty inspection reveal any deficient items, the CONSULTANT shall re-inspect those items after the Contractor has completed the repairs. The CONSULTANT shall provide a wdtten report of its warranty inspection findings to the County Project Manager or their designee. Section 5 - TECHNICAL ENGINEERING SERVICES: This Section (5) clarifies the responsibilities of the CONSULTANT with regard to the technical engineering services required for satisfactory performance of this CEI contract and is presented as a general description of more detailed information contained in the official F.D.O.T. publications and materials used by the COUNTY. "-' 1) Foundation: Location and Elevation: The CONSULTANT shall vedfy that the foundations are constructed at the correct location and elevation. Pile lengths, bottom and top elevations of seal concrete and the like having to do with measurement, shall be verified. a) Driven Piles: The CONSULTANT shall review the Contractor's proposals, methods and equipment for pile installation, including any necessary testing, so they are in accordance with the requirements of the contract. The CONSULTANT shall further verify that all pile installation and testing is witnessed, monitored and propedy recorded and reported. For the purpose of the responsibilities of the CONSULTANT, the manufacture of pre-cast piles shall be considered as for a pre-cast component included in Task 6.01. The COUNTY shall provide a Geotechnical Engineer for monitoring the ddving of test piling and performing dynamic load test using Pile Ddving Analyzer. The COUNTY'S Geotechnical Engineer will work principally with and coordinate his activities with the County Project Manager or their designee. The Geotechnical Engineering services cost shall be bome by the COUNTY. The COUNTY'S Geotechnical Engineer shall: 1 ) Review and approve the required submittals for the Contractor for pile ddving system. 2) Perform Wave Equation Analyses to provide proof of compliance with the plans and Special Provisions. This includes evaluation of ddving stresses and production control. 99-2996 CEI Services for !mmokalee Road FEB 2 2 20O0 .G. 3) Establish the length of production piling with final approval by the County Project Manager or their designee. 4) Monitor the ddving of test piling and the installation of test equipment. 5) Instrument test piling dudng ddving and re-drives using Pile Ddving Analyzer (PDA). The CONSULTANT will provide, operate and maintain the Pile Ddving Analyzer. 6) Perform CAPWAPC analyses on selected blows. The CONSULTANT will provide the software, the computer and any other items necessary to accomplish the CAPWAPC analysis. 7) Write geotechnical report of dynamic load test results. b) Cofferdams and Similar Temporary Construction Works, etc. for the Installation of Foundation: The CONSULTANT shall vedfy that the Contractor's proposals, methods and equipment for the installation of cofferdams and similar temporary works needed in order to expedite construction of the foundations are satisfactory. (In this regard, any such works of a structural nature should carry the seal and/or signature of a Professional Engineer licensed in the State of Flodda and engaged by the Contractor for this purpose.) 2) Substructure: a) Formwork: The CONSULTANT shall verify that the Contractor sets all formwork to the correct line and level, propedy adjusted for cambers or deflections, that is of sufficient quality to provide the required surface finish and that formwork receives a proper application of release agent. The CONSULTANT should notify the Contractor of any items which he considers to be inadequate. He shall further vedfy that the Contractor exercises due care and attention in removing formwork so as not to damage the new concrete surfaces. b) Placement of Reinforcement: The CONSULTANT shall vedfy that all reinforcement is of the correct size, shape and quality and that it is correctly located, tied and supported to maintain its position throughout all concrete placement and consolidation operations. c) Concrete Placement, Consolidation, Finishing and Cudng: Pdor to the placement of any concrete, the CONSULTANT shall vedfy that all the work has been fabricated correctly and that cleanliness and all surface preparations, etc. meet requirements. The CONSULTANT shall vedfy that all concrete is placed, consolidated, finished and cured in accordance with the requirements of the contract. The CONSULTANT shall also be responsible to verify that any defects, slight honeycombing or blemishes in the concrete are repaired in an approved manner. In situations where the concrete fails to meet the requirements of the contract or is deficient in any manner, such as honeycombing or poody finished surfaces, under strength or out of tolerance, etc., the CONSULTANT shall be responsible for reviewing and making recommendations upon any remedial proposals put forward by the Contractor. 99-2996 CEI Services for Immokalee Road I ~--~(-.~ 33 FEB 2 2 2000 d) Finishing of Concrete Surfaces: The CONSULTANT shall vedfy that all surface finishes are carded out in a workmanlike manner and in accordance with the requirements of the contract. 3) Superstructure: a) Formwork: The CONSULTANT shall vedfy that the Contractor sets all formwork to the correct line and elevations, propedy adjusted for cambers or deflections, that it is of sufficient quality to provide the required surface finish and that it receives a proper application of release agent. The CONSULTANT should notify the Contractor of any items which he considers to be inadequate. The CONSULTANT shall further verify that the Contractor exercises due care and attention in removing formwork so as not to damage the new concrete surfaces. b) Placement of Reinforcement: The CONSULTANT shall vedfy that all reinforcement is of the correct size, shape and quality and that it is correctly located, tied and supported to maintain its position throughout all concrete placement and consolidation operations. c) Precast, Prestressed Beam: The CONSULTANT shall vedfy that all precast prestressed beams are satisfactory and are erected in their correct locations and elevations, all in accordance with the contract requirements and approved shop drawings. d) Cast-in-Place Concrete Construction: All the requirements pertaining to formwork, reinforcement, post-tensioning components and operations, embedments, concrete operations, special erection equipment and the like as described herein shall apply. e) Concrete Placement, Consolidation, Finishing and Cudng: Pdor to the placement of any concrete, the CONSULTANT shall vedfy that all the work has been fabricated correctly, that cleanliness and all surface preparations, etc. meet requirements. The CONSULTANT shall vedfy that all concrete is placed in accordance with the approved casting sequences and that it is soundly consolidated, finished and cured in accordance with the requirements of the contract. The CONSULTANT shall also be responsible to vedfy that any defects, slight honeycombing or blemishes in the concrete are repaired in an approved manner. In situations where the concrete fails to meet the requirements of the contract or is deficient in any manner, such as honeycombing and poody finished surfaces, under strength or out of tolerance, etc., the CONSULTANT shall be responsible for reviewing and making recommendations upon any remedial proposals put forward by the Contractor. f) Miscellaneous: The CONSULTANT shall vedfy that all miscellaneous items are of the proper type, size and manufacture and are fabricated and installed correctly in accordance with the requirements of the contract, approved shop drawings, procedures and/or manufacturer's instructions and so forth as appropriate. Miscellaneous items include but are not limited to bearings, expansion joints, anchor bolts, any metal embedments, railings, barders, roadway fixtures, 99-2996 CEI Services for Immokalee Road ,~.~#OA IT~ -~/ 1 FEB 2 2 2000 utility fixtures, painting, applied finishes, grinding, grooving, and the like. The CONSULTANT is not responsible for off-site inspection of miscellaneous items. g) Special Erection Equipment and Operations: Special erection equipment includes any item which is purposely built and used to expedite construction. It includes such items as: cofferdams, shodng, falsework, temporary towers, gantries, trusses, brackets, beams and winches, strongbacks, form travelers, casting machines and the like. The CONSULTANT shall verify that this equipment has been designed and its operating procedures specified by the Contractor's Specialty Engineer. He shall also vedfy that all such equipment is used in accordance with the approved procedures as set out in the approved shop drawings and/or manuals. Special erection plans that may affect the safety of the traveling public, water or land, shall be approved by the CONSULTANT for compliance with the contract documents. FIELD PROBLEMS: a) Types of Problems: Generally, field problems are any types of difficulties encountered dudng construction through circumstances, which may or may not be under the control of the Contractor, which require some degree of engineering evaluation and decision. They might involve problems such as: out of place piling, out of tolerance work, out of specification materials, structural defects, accidental damage, underground obstructions and so forth. Sometimes these problems might have a significant impact upon the execution, progress or cost of the project. It is therefore of paramount importance that they be resolved expeditiously. The CONSULTANT is the key member of the team for pursuing and implementing solutions. b) Duties of the Consultant: In general, in all cases where a difficulty, problem or defect of any nature is encountered dudng construction, the CONSULTANT shall be responsible for assembling all relevant and necessary information, including any proposals from the Contractor, documenting and evaluating the same in a concise and ordedy manner, for reviewing all the information and circumstances and for making recommendations upon the most expeditious course of action so as to minimize delays and costs while achieving a structurally and otherwise acceptable result. In particular, the CONSULTANT shall first utilize his own personnel and resources in order to assess the problem and its likely impacts upon the project. Again, by utilizing his own personnel and resources, he shall also assess both the technical and contractual implications upon the project of any proposals put forward by the Contractor. In making these assessments, the CONSULTANT shall consider all likely impacts upon the project as regards to costs, delays, potential claims, contract administration, management, any justifiable financial adjustments (up or down, including penalties) to be applied to the construction contract, and the feasibility of the Contractor successfully and expeditiously carrying out his technical proposals. The CONSULTANT shall make these assessments in order to formulate his recommendations. He shall then forward his assessments and recommendations to the County Project Manager or their designee and Engineer of R.ecord 99-2996 CEI Services for Immokalee Road ~0.~~)_ 35 FEB 2 2 2OOO (when appropriate), together with any proposals from the Contractor for further assessment, analysis and disposition by these organizations. The CONSULTANT shall liaison and cooperate with the COUNTY and Engineer of Record in the resolution of the problems. Upon resolution and approval of the technical solution, the CONSULTANT shall vedfy that all approved remedial measures are carded out in a technically competent and workmanlike manner. He shall also be responsible for any contract administration, payment, management and so forth, normally associated with implementing remedial measures of this In situations where the CONSULTANT does not have direct responsibility for the engineering inspection of the item which caused the problem, but where that item is now under his area of control (such as might be the case when defective pre-cast components or fabricated steelwork made at a facility under the engineering inspection of a different party and later delivered to the site), he shall formulate his assessments and recommendations and cooperate in the resolution of the problem as above. In situations where the Engineer of Record does not have any involvement, the CONSULTANT shall make all necessary assessments and evaluations, including structural analyses, and shall then advise the County Project Manager or their designee of his recommended course of action. In all situations, the CONSULTANT shall vedfy that all proposals, reviews, assessments, studies, recommendations and decisions are executed expeditiously in order to minimize any delays and costs. Section 6 - PERSONNEL A) General Ree. uirements. The CONSULTANT shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under this Agreement. B) Personnel Qualifications. The CONSULTANT shall utilize only competent personnel who are qualified by experience and education. The CONSULTANT shall submit in wdting to the County Project Manager or their designee, the names of all personnel to be considered for assignment to the construction contract, together with a detailed resume with respect to salary, education and experience qualification of each individual. c) STAFFING. The CONSULTANT shall adequately staff the job suffidently in advance of the beginning of construction work to be propedy prepared to satisfy its responsibilities and shall maintain an appropriate staff after completion of construction to complete the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate contract has been paid off. No personnel shall be assigned to a project by the CONSULTANT until authorized by the County Project Manager or their designee. The CONSULTANT'S personnel approval request will be submitted at least two (2) weeks pdor to the date an individual is to report to work. 99-2996 CEI Services for Immokalee Road 36 The qualifications of each person proposed for assignment must be reviewed and approved ir' wdting by the County Project Manager or their designee. An individual previously approved b~ the COUNTY whose performance .is later determined by the COUNTY to be unsatisfactory shall be replaced by the CONSULTANT as specified in Section 3.0 of this Attachment "A". Personnel identified in the CONSULTANT'S technical proposal will be assigned to the construction project as proposed by the CONSULTANT and are considered by the COUNTY to be committed to performing services under the CONSULTANT Agreement. The designated Project Engineer shall not be removed from this project assignment without pdor approval by the County Project Manager or their designee or unless the individual is forced to leave the project for reasons beyond the control of the CONSULTANT. Any changes will require wdtten approval from the County Project Manager or their designee. When the Contractor's operations on a contract diminish, the CONSULTANT shall reduce the number of its personnel assigned to that project as appropriate. Construction, engineering and inspection forces shall be required of the CONSULTANT at all times while the Contractor is working on the construction contract. If the construction contract is suspended, the CONSULTANT'S forces shall be adjusted at the discretion of the County Project Manager or their designee to correspond with the type of suspension. In the event of a construction contract suspension which requires the removal of the CONSULTANT'S forces from the project, the CONSULTANT will be allowed up to a maximum of thirty (30) days to demobilize, relocate, or terminate such forces. D) LICENSING FOR EQUIPMENT OPERATION. The CONSULTANT will be responsible for obtaining proper licenses for any personnel operating equipment requiring licensed operators. Licensing of Surface Moisture (Nuclear) Density Gauges shall be obtained through the State of Flodda Department of Health and Rehabilitative Services. Only Nuclear Density Inspectors approved by the County Project Manager or their designee shall be authorized to operate Surface Moisture Density Gauges. The County Project Manager or their designee will monitor the activity of the CONSULTANT'S Nuclear Density inspectors. E) TRAINING. The CONSULTANT shall effect training of its personnel to the extent necessary to provide a level of performance satisfactory to the County Project Manager or their designee. Section 7 - DELAYS In the event delays occur in the CONSULTANT'S contract time, unless due to the CONSULTANT'S fault or negligence, the contract time and compensation will be adjusted by Change Order. Section 8 - OTHER SERVICES The CONSULTANT will, designee, perform specific additional services not otherwise identified in tl-,~ ~_nmement as ma' 99-2996 CEI Services for Immokalee Road I F£6 2 2 2000 upon wdtten authorization by the County Project Manager or their be 37 ~'"' ,:equired by the COUNTY from time to time in connection with the Project. The following items are ,lot included as part of this Agreement, but may be required by the COUNTY or County Project Manager or their designee to augment the CONSULTANT'S services under this Agreement, to include but not limited to: A) The CONSULTANT will, upon review and approval of the Engineer of Record and the County Project Manager or their designee and upon wdtten authorization by the County Project Manager or their designee, make such changes and revisions to the plans and specifications as may be required in order to complete the construction activities. B) The CONSULTANT will, upon written request by the County Project Manager or their designee, assist appropriate COUNTY offices in preparing for arbitration hearings or litigation that occur after the completion of the CONSULTANT'S contract time in connection with the project covered by this Agreement. c) The CONSULTANT will, upon wdtten request by the County Project Manager or their designee, provide qualified engineers and/or engineering technicians to serve as engineering witnesses, provide exhibits, and otherwise assist the COUNTY in litigation or headngs in connection with the construction contract(s). D) The CONSULTANT will, upon wdtten request by the County Project Manager or their designee, provide off-site inspection services above those specified in this Scope of Services. E) The COUNTY may, at its discretion, request the CONSULTANT to expand its CEI services to include adjacent contracts that are part of the Immokalee Road Corridor. The CONSULTANT will, upon receipt of wdtten request to expand its services to the COUNTY, immediately prepare a written proposal for such work. That proposal shall follow the cdteria established herein. F) The CONSULTANT shall monitor and coordinate the work of the utility companies and contractors on adjacent projects with the work on this project. Section 9 - CONTRADICTIONS In the event of a contradiction between the provisions of this Scope of Services and the CONSULTANT'S proposal as made a part of this Agreement, the provisions of the Scope of Services shall apply. Pursuant to the General Scope as set forth above, the CONSULTANT shall perform all services and/or work necessary to complete the listed tasks. 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 I .G._ - I SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein on Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Schedule B, Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment for Basic Services under Schedule A shall be made to the Consultant when requested as work progresses, but not more frequently than once per month. The Consultant shall provide the County Project Manager or their designee with satisfactory explanations on the work being billed as completed to date on the invoice. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". B.2.1. As consideration for providing properly approved Additional Services set forth in Article' Two of this Agreement as estimated on Schedule B, Attachment B, OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. Payment shall be made monthly on an as needed basis, not to exceed forty (40) hours per person per week. Payment for services performed by individuals beyond forty (40) hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of one point five (1.5) applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.7 and as per Schedule B, Attachment C, in thc interest of the Project, listed in the following sub-paragraphs: 99-2996 CEI Services for Immokalce Road FEB 2 2 2000 ~. (a) (b) (c) (d) expenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Schedule B, Attachment C; when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and expenses for renderings, models and mock-ups requested by OWNER. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in .he scope of the project being approved by the Board of County Commissioners for Collier County Florida. B.3.2. Additional Services, shall be paid as substantiated to the limits shown in Attachment B, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of a proper invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Houdy Rate Schedule, and Attachment C - Consultant's · '-- I~stimate of Reimbursable Expenses, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTAN- shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Schedule A and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Schedule A. END OFSCHEDULEB. 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 4I SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES (See following two (2) pages A-43 and A-44) 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 FEB 2 2 2000 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Immokalee Road CEI Rate Schedule Johnson Engineering, Inc. Name Joseph W. Ebner PE Stephen L. Miller PE Mark K. Beaverson Monty LeCrone Jason Williams EIT Barbie Litzler Classification Regular Rate S/Hr. Premium Rate S/Hr. Principle in Charge 115.00 N/A CEI Construction Mgr, 105.00 N/A CEI Project Manager 100.00 N/A Senior Inspector 60.00 69.00 Inspector 45.00 51,75 Project Secretary 32.00 36.80 99-2996 CEI Services for Immokalee Road A~NDA IT£~ -- FEB 2 2 2000 PG. ,/7 t5 SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF REIMBURSABLE EXPENSES Reimbursable expenses not to exceed One Hundred and Four Thousand Dollars ($~ 04,000.00) As listed on Schedule B - Attachment A, Page A-43 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be wdtten for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior wdtten notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be pdmary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 99-2996 CEI Services for lmmokalee Road FEB 2 2 2000 (7) ContractodConsultantJProfessional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the ContractodConsultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor/Consultant/Professional for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the ContractodConsultant/Professional to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) __X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional of this 99-2996 CEI Services for Immokalee Road during the term Agreement for all employees FEB 2 2 2000 engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - FIodda Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) __Applicable __X__ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable __X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one)__X Yes No 99-2996 CEI Services for Immokalec Road 49 (1) Commercial General Liability Insurance shall be maintained by the ContractoflConsultant/Professional. 'Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $3O0,000 $ 50,000 $500,000 $5OO,OOO $5OO,OOO $5OO,OOO $ 5O,OOO X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 SI,000,000 SI,000,000 SI,000,000 $ 5O,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 5o (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be nc later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Pedod) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carded by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) ,' Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders applicable. (check one) __Applicable __X Not Applicable 99-2996 CEI Services for Immokalee Road Risk coverage shall be carded by the Owner if FEB 2 2 2000 PG. 51 (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in wdting by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is eadier. This insurance shall include interests of the Owner, the Cont.ractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the 9erils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum 3f $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. 99-2996 CEI Services for lmmokalee Road FEB 2 2 2000 (5) This property insurance shall cover portions of the Work stored off the site after wdtten approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A __ All Risk Policy - $1,000 maximum deductible ~ All Risk Policy - Maximum deductible of $ 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law,. which shall specifically cover such insured objects dudng installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all dghts against (1) each .---~ther and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A ~ All Risk Policy - $1,000 maximum deductible ~ All Risk Policy - Maximum deductible of $ 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 ~._.r'/. __ Flood Policy __ Flood Policy - $1,000 maximum deductible - Maximum deductible of $ 99-2996 CEI Services for Immokalee Road 54 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (checkone) X Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) X __ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. 99-2996 CEI Services for Immokalee Road ,i FEB 2 2:2000 PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) x Yes No (1) Professional Liability Insurance shall be maintained by the Consultant/Professional .to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (Check One) X $ 500,000 each claim and in the aggregate __ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $150,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. 99-2996 CEI Services for Immokalee Road END OFSCHEDULED. 56 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Johnson Engineering, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the Construction, Engineering and Inspection services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the Immokalee Road Project are accurate, complete and current as of the time of contracting. Johnson Engineering, Inc. BY: Typed Name and Title DATE: 99-2996 CEI Services for Immokalee Road FEB 2 2 2000 57 EXECUTIVE SUMMARY EXECUTE A JOINT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY FOR IMPROVEMENTS TO THE 1-75 (EXIT 16) PINE RIDGE ROAD INTERCHANGE UNDER THE PINE RIDGE ROAD SIX LANE IMPROVEMENTS, PROJ. NO. 60111; CIE NO. 41 OBJECTIVE: Board of County Commissioners' execution of the Joint Project Agreement (IPA) between the state of Florida Department of Transportation (1;DOT) and Collier County for improvements to the 1-75 (Exit 16) Pine Ridge Road Interchange. DESCRIPTION: Under Pine Ridge Road six lane project, Collier County undertook some design improvements to the 1-75 ramps to improve traffic flow, As part of the coordination with the FDOT, staff negotiated with the FDOT to contribute to the project since it is in the best interest of both parties. The FDOT agreed to participate in the Project by contributing a maximum of $500,000 to cover the construction and inspection of the ramp improvements. Staff has negotiated this Agreement with the FDOT and the County Attorney Office has found it legally sufficient. FISCAL IMPACT: Funding for the project has been budgeted within the Pine Ridge Road Project in the Gas Tax Fund. After the work has been completed FDOT shall reimburse the county for the actual cost of construction up to $500,000. These funds will be reimbursed to the Gas Tax Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners execute the JPA (five copies attached), return the five copies to FDOT for their execution, and approve the attached resolution authorizing the Board Chairman to execute the Agreement on behalf of the Board. SUBMITTED BY:~' "~'"?- ' '"") )/d.,×"/'7 . Micah I~M~saquoi, P.E., PMP Project Manager, Public Works Engineering Department AGE~ND,~, I .TE~M No. t(, I~i'~ _ FEB 2 2 OOO pg. ,- I ....... Executive Summary REVIEwEDPagePine Ridge/1-75No. 2 JPA ~By:gibby, '-~/''~' 2//~P.E. '~ '~ Public Works Engineering Director Ed Finn -- Interim Public Works Administrator Date: Date: E~ 2 2 2000 RESOLUTION NO. 00- A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR IMPROVEMENTS TO THE 1-75 (EXIT 16) PINE RIDGE ROAD INTERCHANGE WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners (BCC) wishes to improve traffic circulation on roadways within Collier County; and WHEREAS, the Collier County BCC, after negotiation with the State of Florida Department of Transportation (FDOT, believes that it can assist in providing said traffic circulation improvements at the Pine Ridge and 1-75 (Exit 16) ramps; and WHEREAS, the FDOT has agreed to provide funds in the amount of $500,000.00 to pay for said ramps improvement, and; WHEREAS, the Collier County BCC believes such an Agreement to be in the best interest of the citizens of Collier County; NOW, THEREFORE, be it resolved by the BCC of Collier County, Florida, that: SECTION 1: The BCC does hereby authorize its Chairman to execute an Agreement entitled, "Joint Project Agreement between the State of Florida Department of Transportation and Collier County for Improvements to the 1-75 (Exit 16) Pine Ridge Road Interchange", between Collier County and the FDOT, agreeing to construct the said Interchange improvement in exchange for a reimbursement from the FDOT in the amount of $500,000.00. SECTION 2: This Resolution shall take effect immediately upon its passage. FEB 2 2 200U PG. '~ FM NO: 4052491 FAP NO: COUNTY: Collier JOINT PROJECT AGREF_aM'F, NT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COLLIER COUNTY FOR IMPROVF_3~,NTS TO THE 1-75 (EXIT 16) PINE RIDGE INTERCHANGE This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMI~NT" and COI.IJ~R COUNTY, FLORIDA. hereinafter referred to as the "COUNTY". - WITNESSETH WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to fund construction and construction engineering inspection services (CEI) in fiscal year 1999/00, for improvements to the 1-75 (exit 16) Pine Ridge Interchange, under FM Number 4052491, hereinafter referred to as the "PROJECT"; and WI-IFRF_A.S, said PROJECT is on the State Highway System, is not revenue producing and is contained in the adopted Five Year (1999/00-2003/04) Transportation Plan; and WHEREAS, the completion of the PROJECT is in the best interest of both the DEPARTMY_,NT and the COUNTY, it would be most practical and expeditious for the COUNTY to undertake the design, construction and construction engineering inspection services (CF_X) for the PROJECT; and WHh-RF_.AS, the COUNTY is willing to fund the design and the DEPARTMENT is willing to compensate the COUNTY for costs directly related to construction and construction engineering inspection services (CF_I) of the PROJECT; and ~S, the COUNTY by Resolution, dated the day of ,2000, a copy of which is attached hereto and made a part hereof, has authorized the Chairperson of the Board of County Commissioners to enter into this Agreement. NOW THERF. FORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The COLrNTY agrees to fund the design and to undertake the design, construction and construction engineering inspection services (CEI) of the PROJECT. The DEPARTMENT agrees to pay for construction and construction engineering inspection services (CEI), as stated in paragraph 7 herein, provided construction and construction engineering inspection services (CEI) AG£ ~1~ I T ~J~l NC). are performed in accordance wi[h the DEPARTMENT's permit and the requirements listed in Exhibit "A". attached herein, and by this reference made a part hereof. In addition, the COUNTY shall adhere to the following schedule: a) b) c) Design: to be completed on or before February i, 2000. Construction contract letting: on or before October 1, 2000. Construction completion: on or before February 1, 2002. 2. The PROJECT consists of construction of dual left turn and right turn lanes for the southbound 1-75 "off-ramp"; and dual lanes (including a merge lane) for the northbound 1-75 "on- ramp", both at exit 16, Pine Ridge Interchange (M.P. 56.168 to M.P. 56.800). 3. The COUNTY shall submit plans to the DEPARTMENT at 100% completion for DEPARTMENT'S approval prior to letting of the PROJECT. The COUNTY shall provide the DEPARTMENT with one hundred percent (100%) completed PROJECT design plans.- 4. In the event this PROJECT requires additional right-of-way, the COUNTY agrees to bear all costs for said right-of-way acquisition (including condemnation litigation). Any right-of-way 'acquisition shall be done in accordance with the requirements listed in Exhibit "A". 5. The COUNTY shall be responsible for obtaining all clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. 6. a) The DEPARTMENT must approve any consultant and/or contractor scope of services prior to advertising by the COUNTY. All work to be performed under this Agreement to be in accordance with the requirements listed in Exhibit "A" attached hereto and by this reference made a part hereof. b) The DEPARTMENT's approval must be obtained before selecting any consultant and/or contractor for the PROJECT. The COUNTY must certify that the consultant has been selected in accordance with the Consultants' Competitive Negotiatio.n Act (Section 287.055, Florida Statutes). Contractor must be prequalified by the DEPARTMENT as required by Section 2 of the Standard Specification for Road and Bridge Construction (1999), as amended. 7. The DEPARTMENT agrees to a maximum participation in the PROJECT [construction and construction engineering inspection services (CEI)] in the amount of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). 8. a) The COUNTY shall periodically receive invoices from its contractor(s)/consultant(s) for work done as described herein. The COUNTY will submit the invoices and back-up documents, along with a progress report from the contractor(s)/consultant(s) to the DEPARTMFNT with written substantiation that the invoices are accurate and in accordance with the terms of this Agreement. All progress reports accompanying invoices shall describe the work accomplished to date and indicate the percentage of work completed. The DEPARTMENT will pay the COUNTY for the 6ntire invoice amount for the actual direct costs (this excludes general and administrative overhead) pertaining to the work, provided the COUNTY certifies it is consistent with the project budget, and is determined to be in order for payment by the DEPARTMENT. Upon receipt of proper invoices as described in paragraph 12 herein, the DEPARTMENT will remit payment to the COUNTY. Payment will be made by the DEPARTMENT subject to legislative approval and appropriation in the amount stated in paragraph 7 herein. b) In the event the COUNTY proceeds with the construction and construction engineering inspection services (CEI) of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). The DEPARTMENT cannot pay the COUNTY for commodities and services acquired or performed prior to the execution date of this Agreement. 9. The COUNTY agrees to provide project schedule progress reports to the DEPARTMENT in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Either party to ~he Agreement may request and be granted a conference. 10. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered work made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT Will have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. 11. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Michael G. Rippe Project Coordinator Florida Department of Transportation Post Office Box 1030 Fort Myers, Florida 33902-1030 TO COUNTY: Micah Massaquoi Project Manager Collier County Public Works Engineering Departinent 3301 E. Tamiami Trail, Bldg. D Naples, Florida 34112 12. (a) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (b) Bills for travel expenses specifically authorized in this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. (c) The COUNTY shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COLrNTY to grant such public 3 FEB 2 2 2000 access shall be grounds for iinmediate unilateral cancellation of this Agreement by the DEPARTMENT. (d) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payment. (e) The DEPARTM'FNT agrees to pay the COUNTY for the herein described services at a compensation as detailed in this Agreement. (f) Vendors (in this document identified as COUNTY) providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. (g) If a payment is not available within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1), Florida Statutes, per day will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMEN'r. (h) A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. (i) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMWNT upon request. Records of costs incurred include the contractor(s)/consultant(s) general accounting records and the project records, together with supporting documents and records, of the contractor(s)/consultant(s) and all subcontractor(s)/subconsultant(s) performing work on the project, and all other records of the contractor(s)/consultant(s) and subcontractor(s)/subconsultant(s) considered necessary by the DEPARTMENT for a proper audit of costs. (j) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any 2 2 2000 contract, verbal or written, mad[ in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. (k) No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state agency. (1) The COUNTY shall not sublet, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. (m) The DEPARTMI::NT shall not be obligated or liable hereunder to any party other than the COUNTY. (n) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. (o) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, suPplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (p) Unless otherwise specifically stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 13. a) This Agreement may be canceled in whole or in part any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors.' 2 2O30 b) If the DEPARTiViENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (i) immediately terminating the Agreement, or (ii) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (iii) take whatever action is deemed appropriate by the DEPARTMENT. c) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. d) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costg can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 14. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this A~meement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 15. a) To the extent allowed by Section 768.28. Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEP.ad~TMENT and all of its officers. agents or employees from all suits, actions, claims, demands. Liabilities of any nature whatsoever arising out of. because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or subcontractors. Neither COUNTY nor any of its officers, agents, employees or subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. b) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/subconsultants who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." 16. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed, f'mal costs are known and legislatively appropriated payments, if approved, are made by the DEPARTMENT. 17. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12XT WI22qF_SS WI4EREOF the COUNTY has caused this Agreement to be executed in its behalf this day of , 2000, by the Chairperson of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the __ day of ,2000, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this __ day of ,2000. BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: TIMOTHY J. CONSTANTINE, Chairman DISTRICT SECRETARY ATTEST: ATTEST: By: .(Seal) By: (Seal) Deputy Clerk EXECUTIVE SECRETARY Legal Review By: DISTRICT LEGAL COUNSEL FEB 2 2 2080 EXHIBIT "A" a) b) c) e) applicable. f) Rule applicable. All proposals, plans, specifications, environmental permits, construction, 3econstruction or improvement of facilities or equipment within or connecting to State Owned Right of Way shall comply with the following: Section 287.055, F. S. "Consultants' Competitive Negotiations Act". FDOT "Project Development and Environment Manual". Section 404 of the Clean Water Act, Wetlands Permitting Program (U.S.A.C.O.E.). Rule Chapter 62-312 FAC. Dredge and Fill Activities (DEP). Rule Chapter 40D-4 and 40D-40, Surface Water Management (S.W.F.W.M.D.), as Chapter 40E-4 and 40E-40, Surface Water Management (S.F.W.M.D.), as g) A policy on Geometric Design of Highways and Streets (AASHTO) 1990, as amended. h) Manual of Uniform Minimum Standards for Design,-Construction and Maintenance for Streets and Highways,. State of Florida. 1994 Edition, "Green Book". i) Roadway and Traffic Design Standards for Design, Construction, Maintenance and Utility Operations for Streets and Highways on State Maintained Systems, 1994, as amended. j) Florida Department of Transportation Roadway Plans Preparation Manual (2 Volumes), 1989. as amended. k) Manual on Uniform Traffic Control Devices, 1988 F_.dition. 1) Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1999, as amended. m) n) o) Structures Standard Drawings, FDOT, 1998 Edition. Florida Department of Transportation Structures Design Guidelines, 1998, as amended. Rule Chapter 14-96, Florida Administrative Code (FAC), State Highway System .o. 1/- ~'~.}~ ~ FEB 2 2 Connection Permits, Administmtixte Process and Rule Chapter 14-97 FAC, State Highway System Access Management Classification System and Standards. p) Rule Chapter 14-86 FAC, Drainage Connections. cO State of Florida Department of Transportation Drainage Manual, 1996, as amended. r) Minimum Specifications for Traffic Control Signals and Devices, 1994. s) Florida Statutes regulating acquisition of right-of-way for transportation facilities, including, but not limited to Chapters 73, 74, 287, 336, 337, 339 F. S. t) Tire 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part 1, Section 1.23 and Subchapter H, Part 710, Subparts B, C. & D. H:',USERS~,LG 150RL\WHC\CONSTREX. (A) 9 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES & ASSOCIATES, INC., FOR ENGINEERING SERVICES RELATED TO IMPROVEMENTS AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, RFP 93-2121, PROJECT 73916 OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve an amendment to a professional services agreement to evaluate and design improvements to the Royal Palm Irrigation Pumping Station at the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: Operations staff has experienced problems associated with electrical equipment failures and the Royal Palm Irrigation Pumping Station. Repairs have been made; however, the cause of the problems has not been eliminated. The entire design of the pumping system needs to be revisited to achieve a better balance between actual irrigation demands, pump sizes, and the electrical motors and controls. The existing pumping equipment is located on a slab exposed to weather. A new pump station enclosure may be necessary to address noise, protect equipment, and meet site development requirements. The proposed amendment is for engineering design, permitting, and services during construction related to improvements to the Royal Palm Irrigation Pumping Station. The proposed amendment also includes additional fees to compensate the consultant for lost field time caused by tropical storm events (Harvey and Irene) which impacted our weather this past summer. On two separate occasions, engineers were on-site when foul weather forced on-going work to stop. This increased the number of site visits required to complete the fieldwork associated with a structural assessment of the existing reclaimed water storage tank. Consultant fees associated with this Amendment total $99,500 to be paid based on time and reimbursable expenses. A summary of total fees approved and proposed are as follows: Fees Original Agreement 247,000 Amendment 1 322,700 Amendment 2 582,000 Amendment 3 218,000 Amendment 4 2,016,000 Amendment 5 62,308 Amendment 6 41,388 Amendment 7 116,000 Amendment 8 82,000 Amendment 9 (proposed) 99,500 Total $3,786,896 Scope of Services Preliminary Report, Conditional Use Design Report, Disinfection Design Deep Injection Well Reuse Master Plan, Lakewood Design WWTF design, permits, bid and construct SRF Coordination and Administration Post-construction SRF Administration Re-Rate Permitted Capacity Tank Assessment, Additional Sfipport Services Royal Palm Irrigation PS, Weather Delays Executive Summary Approve Amendment 9, RFP 93-2121 Page 2 Staff has negotiated the proposed scope and compensation as provided in Amendment 9 to Professional Services Agreement, copy attached. Additional fees in the amount of ten percent of the proposed amendment are needed for Public Works Engineering staff. FISCAL IMPACT: This project is not funded in Fiscal Year 00. A budget amendment is ~.'~needed to transfer funds in the amount of $109,450 from Sewer Capital Reserves to project 73916 - SCRWWTF Improvements. The source of funds is user fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize Chairman to execute Amendment 9 to the Professional Services Agreement with Hole, Montes & Associates, Inc., and approve the necessary budget amendment. SUBMITTED BY: '~ ............. Date: Karl W. Boyer, P.E., PWED Senior Project Manager P VIEWED s¥2 / ' °J'effBibby, P.E., PWED Director Date: REVIEWED BY: e~hea~ Jo tham, Wastewater Director Date: APPROVED BY: ' , Date: 'Edward N. Finn, Interim Public Works Administrator Attachments: SCWWTF Expansion Amendment 9 (4 originals for signature) SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 9 to the Agreement dated March 15, 1994 (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 Hole, Montes & Associates, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 715 Tenth Street South, P.O. Box 1586, Naples, Florida 34106 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OW'NER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. -1- FEB 2 2 2 00 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 South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. By: Clerk By: Chairman Approved as to form and legal sufficiencv:. Assi , Ronald E. Benson, Jr., Ph.D., P.E. Vice President (CORPORATE SEAL) -2- SUPPLEMENT NO. 9 TO SCHEDULE A SCOPE OF SERVICES HMA FILE NO. 1993134 This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of that work that is necessary to investigate the irrigation needs, evaluate existing pumping equipment, recommend modifications, and design the improvements to the Royal Palm Irrigation Pump Station located at the South Regional Water Reclamation Facility. The scope of services is described as follows: Phase II-A Royal Palm Irrigation Pump Station A.8 Investigation of Irrigation Demands and Evaluation of Equipment necessary to meet the demands The operator of the irrigation system at Royal Palm Golf Course will be contacted in order to assess the current and anticipated irrigation demands throughout the day at the golf course. Following the investigation of current irrigation system demands by the Royal Palm Golf Course, the existing pumping equipment will be evaluated to determine the suitability for meeting the current demands. The evaluation will include an investigation of existing control system components and identification of new controls necessary. A report will be prepared that summarizes these findings along with recommendations for improvements, modification, or replacement of existing equipment necessary to meet the current and anticipated needs of the Royal Palm irrigation system. A.9 Design of Pump Station Improvements and FDEP Permitting Following approval of the report prepared under A.8, the improvements necessary for the desired pump station operation will be designed. Specifications will be prepared for bidding. 30% and 90% plans will be submitted for review. FDEP Permit application will be completed and submitted to Collier County. for submission to FDEP. (Under this scenario, Collier County PWED will obtain approvals for any necessary SDP modification or variance.) -1- A. 10 Design of Pump Station Building and SDP Permitting In the event that a Pump Station Building is deemed necessary to house the pumps, drives, and controls, this task will cover the design of the pump station building to include structural, architectural, mechanical, and HVAC drawings. The building will be designed using stucco-covered masonry with red tile mansard (similar to other plant buildings). In addition, drawings will be prepared for SDP permitting of the building (in particular architectural elevations) and landscaping as may be required. A. 11 Bidding Services Assistance with answering questions of prospective bidders, issuance of addenda, attendance at pre-bid conference, and review of bids will be provided. A. 12 Contract Administration and Detailed Observation - Pump Station Modifications Assistance with responding to contractor's requests for information, preparation of change orders, review of pay requests, inspection of construction, and preparation of record drawings will be provided. Witness and monitor start up and testing of major equipment. A.13 Contract Administration and Detailed Observation - Building Assistance with responding to contractor's requests for information, preparation of change orders, review of pay requests, inspection of construction, and preparation of record drawings will be provided. Electrical/Mechanical inspections and monitoring of start up and testing will be performed. Additional Services Structural Analysis of Reuse Tank Due to inclement weather requiring use of the Reuse tank, structural testing had to be discontinued prior to completion. This necessitated demobilization and remobilization to the project site resulting in an increase in actual project costs. -2- FEB 2 2 2000 / SCHEDULE B - ATTACHMENT A Amendment No. 9 SCHEDULE OF FEES FOR BASIC SERVICES PHASE II-A WWTP Disinfection System A.2 A.3 A.4 A.5 -A.6 Design Report Preliminary Design Final Design Bidding Sen, ices Contract Administration PHASE II-A Royal Palm Irrigation Pump System A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration PHASE II-A WWTP Design A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services · A.5.1 Reclaimed Water PS/Elec Bldg - Equipment A.5.2 Reclaimed Water PS/Elec Bldg - Construction A.5.3 Phase I Improvements Contract Administration A.6.1 Reclaimed Water PS/Elec Bldg - Equipment A.6.2 Reclaimed Water PS/Elec Bldg - Construction A.6.3 Phase I Improvements Current Budget $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,600 $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,000 Amendment No. 9 $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,600 $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,O00 $20,000 $120,000 $355,O00 -1- FEB 2 2 2000 PG. ~ PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD A.2 Design Report $9,000 $9,000 A.3 Preliminary Design $52,000 $52,000 A.4 Final Design $29,000 $29,000 A.5 Bidding Services $6,000 $6,000 A.6 Contract Administration $44,000 $44,000 PHASE II-D EFFLUENT STORAGE EXPANSION A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined -2- SCHEDULE B-ATTACHMENTB CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Principal Engineer VI ........................................................................................... $130.00 Environmental Engineer V ................................................................................... $120.00 Environmental Engineer IV .................................................................................. $105.00 Environmental Engineer III .................................................................................. $ 85'.00 Environmental Engineer II .................................................................................... $ 70.00 Environmental Engineer I ..................................................................................... $ 55.00 Environmental Operations Specialist .................................................................... $ 70.00 Engineer Tech V ................................................................................................... $ 65.00 Engineer Tech IV .................................................................................................. $ 60.00 Engineer .Tech III .................................................................................................. $ 55.00 Engineer Tech II .................................................................................................... $ 50.00 Engineer Tech I ..................................................................................................... $ 40.00 Contract Administrator (P.E.) ............................................................................... $ 80.00 Contract Administrator ......................................................................................... $ 65.00 Construction Field Representative IV ................................................................... $ 65.00 Construction Field Representative III ................................................................... $ 55.00 Construction Field Representative II .................................................................... $ 45.00 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 Construction Field Representative I ...................................................................... $ 35.00 per hour Senior Planner ....................................................................................................... $100.00 per hour Planner .................................................................................................................. $ 70.00 per hour Surveyor V ............................................................................................................ $ 95.00 per hour Surveyor IV ........................................................................................................... $ 80.00 per hour Surveyor III ........................................................................................................... $ 60.00 per hour Survey Tech IV ..................................................................................................... $ 55.00 per hour Survey Tech III ..................................................................................................... $ 50.00 per hour Survey Tech II ....................................................................................................... $ 45.00 per hour Survey Tech I ........................................................................................................ $ 40.00 per hour 2 Man Survey Crew .............................................................................................. $ 85.00 per hour 3 Man Survey Crew .............................................................................................. $ 98.00 per hour GPS Operator ........................................................................................................ $ 65.00 per hour Technician IV ........................................................................................................ $ 45.00 per hour Technician III ........................................................................................................ $ 40.00 per hour Technician II ......................................................................................................... $ 35.00 per hour Technician I'. ......................................................................................................... $ 30.00 per hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. -1- FEB 2 2 2000 ~... i SCHEDULE B - ATTACHMENT C Phase 1 Amendment No. 9 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) A. 1 Preliminary Services A.I.1 A.1.2 A.1.3 A.1.4 A.1.5 A.1.6 Preliminary Engineering Report Review of Odor Control Review of Effl. Disinfection Capacity Analysis Report Conditional Use Applic. Odor Control Committee Current Amendment Budget No. 9 $172,000 $172,000 Incl. Above Incl. Above Incl. Above Incl. Above $25,000 $25,000 $33,000 $33,000 $35,000 $35,000 Phase II-A WWTP Disinfection System A.7 Detailed Observation Phase II-A Royal Palm Irrigation Pump Station A.7 A.8 A.9 A.10 A.11 A.12 A.13 $3,700 $3,700 Detailed Observation By Owner Investigation/Evaluation 0 Design/Permitting - Pump Station 0 Design/Permitting - Building 0 Bidding Services 0 Cont. Admin/Detailed Observation - Pump Station 0 Cont. Admin/Detailed Observation - Building 0 Phase II-A WWTP Design A.7 Detailed Observation A.7.1 Reclaimed Water PS/Elec. Bldg. - Construction A.7.2 Phase I Improvements Phase II-B Deep Injection Well A.8 Data Review and System A.9 Design and Construction Permit Applications A.9a Add 2nd Deep Well Design & Permitting A. 10 Well Construction Observation and Testing A. 11 Report A. 12 Operating Permit Application $90,000 $265,000 $43,000 $90,000 $25,000 $370,00O $36,000 $18,000 By Owner $6,500 $22,000 $25,000 $4,O00 $18,000 $16,000 $90,000 $265,000 $43,000 $9O,OOO $25,000 $370,000 $36,OOO $18,000 -1- FEB 2 2 2O0O Phase H-C Reclaimed Water System Upgrades to Serve Lakewood A. 13 Detailed Observation $10,900 $10,900 A. 14 Surveying/Easements $23,100 $23,100 A.15 Permitting $6,000 $6,000 A. 16 Startup Assistance $5,000 $5,000 Phase II-D Effluent Storage Expansion A.17 A.18 A.19 A.20 Detailed Observation Surveying/Easements Permitting Startup Assistance To Be Determined To Be Determined To Be Determined To Be Determined Additional Services Surveying Permitting/Approvals Reuse Master Plan Reimbursable Expenses Geotechnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational Support Services Warranty Inspection FDEP Operation Permit FDEP SRF Management Structural Analysis of Reuse Tank $30,000 $40,00O $100,000 $10,000 $2,000 $10,000 $40,0O0 $50,000 $55,0O0 $18,000 $10,000 $103,696 $52,0O0 To Be Determined To Be Determined To Be Determined To Be Determined $30,000 $40,000 $100,000 $10 000 $2 000 $10 000 $40 000 $50 000 $55 000 $18 000 $10000 $103696 $60 000 -2- FEB ! 2 2000 SCHEDULE C Amendment No. 9 PROJECT SCHEDULE Preliminary Engineering Report Conditional Use Application Capacity Analysis Report Review Meeting Draft Report Final Report Odor Advisory Panel WWTP Disinfection System Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Permitting/Approvals Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design Permitting/Approvals Investigation/Evaluation Design/Permitting Bidding Services Cont. Admin/Detailed Observation WWTP Design Report Review Meeting - Immediate Actions Review Meeting - Phased Expansion Preliminary Draft Report and Draft Permit Application Final Report and Final Permit Application Complete Complete 30 days after authorization 15 days after comments 15 days after comments On-going Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete 45 days after authorization 45 days after approval of Design Report 60 days after approval of fmal design 120 days after Contractor Notice To Proceed 30 days after authorization 60 days after authorization 15 days after comments 15 days after comments W \1993',1993134~R-EB\CONTR.%CT ?eMEND ~9\SCH~DU'LE C.DOC -1- Reuse Master Plan Preliminary Draft Report Final Report Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well Construction Testing Reports Operating Permit Appl. 60 days after authorization 15 days after comments Complete Complete Complete Complete Ongoing Reclaimed Water System Upgrades Design Report Preliminary. Design Final Desig-n Bid Services Construction Contract Admin. - Detailed Observation Surveying/Easements Permitting Startup Assistance Complete Complete Complete Complete Complete Complete Complete Complete Complete Effluent Storage Expansion Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveyin~o_jEasements Permitting Startup Assistance To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined WWTP Design Preliminary Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Final Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Surveying Geotechnical Site Investigation Complete Complete Complete Complete Complete Complete W \1993',,1993134'~-.EB\CONTKACT .~d~fENT) ~9'~SCHEDULE C DOC -2- WWTP Construction Phase Services Bid Services Reclaimed Water PS/Elec Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements Detailed Observation Reclaimed Water PS/Elec Bldg Phase I Improvements Startup Assistance Reclaimed Water PS/Elec Bldg Phase I Improvements Complete Complete Complete Complete Complete Complete Complete Complete W \1993\1993 134~REB\CON-FKACT AMEND #9\SCHEDULE CDOC -3- ~o.~) FEB 2,2 2000 EXECUTIVE SUMMARY APPROVE COMMITTEE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR CONSTRUCTION ENGINEERING INSPECTIONS SERVICES FOR GOLDEN GATE BOULEVARD COLLIER COUNTY PROJECT NO. 63041, CIE NO. 62. OBJECTIVE: Obtain Board's approval of Committee's ranking of firms for the Golden Gate Boulevard Construction Engineering Inspections Services and authorization to begin contract negotiations with the top ranked firms for subsequent Board approval. CONSIDERATIONS: On December 28, 1999 the County requested proposals (RFP #99-3022) from firms that are interested in providing Engineering Services for Construction Engineering Inspection (CEI) Services for the construction of the Golden Gate Boulevard (From CR 951 to Wilson Boulevard). Six (6) responses were received on January 21, 2000. Review of the six (6) proposals suggested that all of the prospective CEI firms complied with the County Purchasing requirements. See the attached CEI Selection Committee authorization letter and Committee ranking matrix. The Committee reviewed the six proposals and ranked the best qualified (the top 3) firms for approval and contract negotiations as follows: 1. WilsonMiller 2. HDR Construction Control Corp. 3. Stanley Consultant Inc. The County is preparing to enter into the bidding stage for the construction of Golden Gate Boulevard. The consultant (CEI) needs to be available during this process to establish a smooth transition. · FISCAL LMPACT: The estimated cost of this contract is $200,000.00 and is budgeted within the Golden Gate Boulevard project budget. GROWTH MANAGEMENT IMPACT: This Capital Improvement project is consistent with the Capital Improvement Element of the Growth Management Plan. CIE No. 62 RECOMMENDATION: Committee's ranking. (2) authorize staff to begin Contract negol ranked firm for the Board's approval. (3) Authorize the Chairman Agreement. That the Board of County Commissioners (1) approve the ~_:!ens, ~'i'& the n,~mber-)ne o e,Xl~o.~An[Tg~{~ted { ?El FEB 2 2 2000 pg.~ \ SUBMITTED BY: A. Nyankadau Korti, Project Manager Public Works Engineering Department Steve Camell, Director Purchasing Department REVIEWED BY:...,~'~ -- : ',./ /~/Jeff Bibby, P.E., Director Public Works Engfineerin~ent ~ pEu~b 1 .~es~D 1 ~sd/om;nis~ratOr Date: Date: Dat~~ cc: Project File (#63041) Richard J. Hellriegel, P.E., SR Project Manager FEB 2 2 2000 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION 3301 TA~~T~E~A~T Purchasing Department NAPLES, FL 34112 CWW Address: co.c°llier.fl.us February 14, 2000 HDR Construction Control Corp. Suite 250 2202 N. Westshore Boulevard Tampa, Florida 33607-5711 Attention: Mr. William Wadsworth, P.E., Senior Vice President Re: RFP #99-3022 - "Construction Engineering Inspection Services for Golden Gate Blvd" Dear Mr. Wadsworth: Thank you for participating in RFP #99-3022 for Construction Engineering Inspection Services for Golden Gate Boulevard. Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: WilsonMiller HDR Construction Control Corp. Stanley Consultants Contract negotiations will commence with the number one ranked firm for this project upon approval of the shortlist by the Board of County Commissioners. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sincerely, Gwen Butler, CPPB Senior Buyer A. N. Korti, M.B.A., Project Manager, PWED FEB 2 2 2000 PC,. COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 CWW Address: co.coHier.fl.us February 14, 2000 AIM Engineering & Surveying, Inc. Post Office Box 1235 Lehigh Acres, Florida 33970-1235 Attention: Mr. James D. Hull, P.E., P.L.S., C.G.C., CEO Re: RFP #99-3022 - "Construction Engineering Inspection Services for Golden Gate Blvd" Dear Mr. Hull: Thank you for participating in RFP #99-3022 for Construction Engineering Inspection Services for Golden Gate Boulevard. Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the' project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: WilsonMiller HDR Construction Control Corp. Stanley Consultants Contract negotiations will commence with the number one ranked firm for this project upon approval of the shortlist by the Board of County Commissioners. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sincerely, $ Butler, CPPB Senior Buyer cc: A.N. Korti, M.B.A., Project Manager, PWED F£B 2 2 2000 PG. , ~ COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 CWW Address: co.collier.fl.us February 14, 2000 Stanley Consultants Inc. Suite 400 East 1601 Belvedere Road West Palm Beach, Florida 33406-1541 Attention: Mr. Tshaka E. Dennis, P.E., Project Principal Re: RFP #99-3022 - "Construction Engineering Inspection Services for Golden Gate BIvd" Dear Mr. Dennis: Thank you for participating in RFP #99-3022 for Construction Engineering Inspection Services for Golden Gate Boulevard. Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: WilsonMiller HDR Construction Control Corp. Stanley Consultants Contract negotiations will commence with the number one ranked firm for this project upon approval of the shortlist by the Board of County Commissioners. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sincerely, Gwen Butler, CPPB Senior Buyer cc: A.N. Korti, M.B.A., Project Manager, PWED FEB 2 2 2000 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 CWW Address: co.collier.fl, us February 14, 2000 K¢CS Unit A 4535 Domestic Avenue Naples, Florida 34104 Attention: Mr. Joaquin M. Campo, P.E., President Re: RFP #99-3022 - "Construction Engineering Inspection Services for Golden Gate BIvd" Dear Mr. Campo: Thank you for participating in RFP #99-3022 for Construction Engineering .Inspection Services for Golden Gate Boulevard. Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: WilsonMiller HDR Construction Control Corp. Stanley Consultants Contract negotiations will commence with the number one ranked firm for this project upon approval of the shortlist by the Board of County Commissioners. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sincerely, Gwen Butler, CPPB Senior Buyer cc: A.N. Korti, MB.A., Project Manager, PWED ~" NO T ~ .... FEI 2 2 PG. COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION PurchasinE Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 CWW Address: co.collier.fl.us February 14, 2000 ASC geosciences, inc. 5500-4 Division Drive Fort Myers, Florida 33905 Attention: Mr. H. Frank Murati, P.E., Senior Project Manager Re: RFP #99-3022 -"Construction Engineering inspection Services for Golden Gate Blvd" Dear Mr. Murati: Thank you for participating in RFP #99-3022 for Construction Engineering Inspection Services for Golden Gate Boulevard. Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: WilsonMiller HDR Construction Control Corp. Stanley Consultants Contract negotiations will commence with the number one ranked firm for this project upon approval of the shortlist by the Board of County Commissioners. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sincerely, Gwen Butler, CPPB Senior Buyer cc: A.N. Korti, M.B.A., Project Manager, PWED FEB 2 2 2000 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DMSION Purchasing Department 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 CWW Address: co.collier, fl. us February 14, 2000 WilsonMiller, Inc. Suite 200 3200 Bailey Lane Naples, Florida 34105-8507 Attention: Mr. John H. DeWinkler, P.E. Re: RFP #99-3022 - "Construction Engineering Inspection Services for Golden Gate BIvd" Dear Mr. DeWinkler: Thank you for participating in RFP #99-3022 for Construction Engineering Inspection Services for Golden Gate Boulevard. Each of the firms submitting proposals demonstrated excellent qualifications, professional ability, and the resources necessary to complete the project. The Selection Committee Members have scored each proposal in accordance with evaluation criteria established in the RFP document and ranked the firms as follows: WilsonMiller HDR Construction Control Corp. Stanley Consultants Contract negotiations will commence with the number one ranked firm for this project upon approval of the shortlist by the Board of County Commissioners. Should you have any questions, please do not hesitate to contact me at 941/774-8425. Again, thank you for participating in this Request for Proposal. Sin,~rely, Gwen Butler, CPPB Senior Buyer cc: A. N Korti, M.B.A., Project Manager, PWED CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #' 99-3022 RFP TITLE: Construction Engineering Inspection Services for Golden Gate Blvd SIGNIFICANT FACTORS PERTAINING TO SHORTLIST FIRMS: 2. 3. 4. Complete project approach, very detailed Qualification of personnel assigned to project Extensive experience in this type project Outstanding project schedule SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS: 1. Same as above Project Manager Purchasing Agent Date Date FEB 2 2 2000 © © m m AG[NO~ I T6~I/ .o. /~. FEB 2 2 ~000 EVALUATION MATRIX RFP #99-3022 "Construction Engineering Inspection Services for Golden Gate Blvd," .Evaluation Criteria ii X,'W 7-i--. :.' "'** . :~:i~;:%i?Fi?':?:.:.l Grading Criteria Project Narrative (possible 10 points) Qualifications of Persons Assigned to Project (possible 30 points) PrevioUs Performance on Similar Jobs & Reference Checks (possible 25 points) Demonstration of Records Documentation (possible 15 points) O~ce Location (possible ~2 points) iResponsiveness (possible COMMITTEE MEMBER'S RANKINGS FIRM FIRST SECOND FOURTH-~ ( ' :i;:': ' Selection Committee Member's Signature Dated: EVALUATION MATRIX RFP #99-3022 "Construction Engineering Inspection Services for Golden Gate Blvd." · ~? ~'~ -"~ ,~ ...? : . · -~,o q /, %/' '~' Grading Criteria .¢'~rc~ ct Narrative (possible iOO,~ioints) ,~. ualifications of Persons Assigned to Project (possible 30 points) Previous Performance on *-?.-- ~ ~- ,.- .~ ~ ,-- ~...~ ..... Similar Jobs & Reference Checks (possible 25 points) DemonStration of Records . Documentation (possible ,'~ .... --- ..--- 15 points) - Office Location (possible -~2 points) ~// , /' · . e, esponsiveness (possible 8 points) --~' -' -'~'. -~--. .>'~ COMMITTEE MEMBER'S RA NKIN G S FIRM FIRST SECOND THIRD FOURTH Dated: FEB 2 2 2000 P~. EVALUATION MATRIX RFP #99-3022 "Construction Engineering Inspection Services for Golden Gate Blvd." Evaluation Criteria Grading Criteria Project Narrative (possible 10 points) Qualifications of Persons Assigned to Project (possible 30 points) Previous Performance on Simi!ar Jobs & Reference Checks (possible 25 points) Demonstration of Records Documentation (possible 15 points) t Office Location (possible 12 points) /~: ,,/, /z Responsiveness (possible 8 points) COMMITTEE MEMBER'S RANKINGS FIRM .FIRST ' SECOND THIRD FOURTH ..... I - - :-.:' ,L_-'. Dated: ~_ //- 42<:) Selection'~,ommittee Member s Signature FEB 2 2 2000 .~. /,_8 EVALUATION MATRIX RFP #99-3022 "Construction Engineering Inspection Services for Golden Gate Blvd." Evaluation Criteria Grading Criteria Project Narrative (possible 10 points) ~' -~ Qualifications of Persons Assigned to Project (possible 30 points) Previous Performance on Similar Jobs & Reference Checks (possible 25 points) Demonstration of Records Documentation (possible 15 points) Office Location (possible .... 42 points) r~esponsiveness (possible 8 points) C OMMI TTEE MEMBER'S RANKINGS FIRM FIRST SECOND THIRD FOURTH Jated: Selection Committee Member's Signature EVALUATION MATRIX RFP #99-3022 "Construction Engineering Inspection Services for Golden Gate Blvd." Gradina Criteria Project Narrative (possible 10 points) Qualifications of Persons Assigned to Project (possible 30 points) Previous Performance on Similar Jobs & Reference Checks tpossible 25 points) Demonstration of Records Documentation (possible 5 points~ Office Location (possible 12 points) Responsiveness (possible 8 points) E v:a!.q~t io.n ;C r, iti~da ~0 \0 \O t\ ~Z COMMITTEE MEMBER'S RANKINGS FIRM FIRST SECOND THIRD FOURTH Dated: ,,o. FEB 2 2 21)88 EXECUTIVE SUMMARY PPROVAL OF BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL $73,052 IN 0TATE AID TO LIBRARIES IN FY00. OBJECTIVE: To recognize and budget additional funds that the Collier County Public Library System is authorized to receive in State Aid for FY 2000. CONSIDERATIONS: The Board approved submission of the Application for State Aid on September 14, 1999. (Agenda Item 16.c.1.) Florida Statutes stipulate the manner in which these funds may be expended. State Aid to Libraries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local efforts towards that end. The Collier County Public Library has qualified for State Aid to Libraries since the program inception in 1964. State Aid was included as anticipated revenue ($325,800) in the FY 2000 Collier County Library Grant Fund Budget. The actual amount of State Aid received depends on the number of Florida Counties qualifying and the amount of funds appropriated by the Florida Legislature. This program was funded by the Legislature at a level which will provide $398,852 to Collier County. This figure is $73,052 higher than anticipated in the FY2000 Budget. As local governmental support for the Library increases, so does the amount returned to Collier County in State Aid. "'--' These funds can be used for any Library expense except fixed capital purchases such as ~nstruction expenses for a new library and cannot replace local funds. Library staff is recommending that funds be used to purchase addtional books and computer equipment for all of the Libraries. FISCAL IMPACT: The Library Grant Fund Budget for FY 2000 will increase from $325,800 to $398,852. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of accompanying budget amend- ment which recognizes additional State Aid and places the funds in appropriate expenditure accounts. Prepared by:~v~ .:y~lar:i-n Mat0~s, Assi}~ant Director DATE: ,,,,~.' _~'--t9 t5 Reviewedand )x"X ~ ~"N ~ I I' Approved by: ' X~~ y~ DATE:~/~/~, Reviewed and ~proved by: ~~~ DATE: 7c~ 'C~ Tho~s WJ Olfi~ ~ib~ices Administrator ' EXECUTIVE SUMMARY APPROVE AGREEMENT WITH PERFORMERS FOR ROYAL PALM MUSIC FEST Objective: That the Board of County Commissioners approve an agreement with Maxi Priest and Inner Circle for a performance at the Royal Palm Music Fest. Consideration: Maxi Priest will headline the Royal Palm Music Fest, and Inner Circle will perform a special guest performance on Saturday, March 18, 2000. The County will provide the standard arrangements of the music industry while the performers are in town. These terms include living arrangements and meals, provisions to provide staff to assist with construction and tear down of the stage, as well as special technical details such as special lighting arrangements. Many area businesses will provide accommodation and amenities through in-kind donations. Growth Management: None Fiscal Impact: Expenditures are budgeted for the performers in the Parks and Recreation Budget 111- 156341. Recommendation: That the Board of County Commissioners authorize the Chairman to execute said agreement with Maxi Priest in the amount of $25,000 and the agreement with Inner Circle in the amount of $8,500. Prepared by: Date: cfi/ames F~tzel~, I~perations Manager Department of Parks and Recreation Approved by: Marla Ramsey, l~-ector~c~ Department of Parks and/Recreation Date: Reviewed and Approved b~-,~~]t~' Thomas W. Olliff, Adm 's~gl)ator Division of Public Servifies Date: FEB 2 2 2000 995 Broadway, New York, NY 10023 / TEL:(212) 874-2400 / FAX:(212)769-3649 / www.abcbooking.com ' bctweeI~ AG~~ made tl~ 4th d~ of tlLISR BUSINESS .2 BUSINESS LTl) f/a/o ~ PRIEST 2000 r~'mu'edto as".&.KTlS'~ ~n.d J, AHES' FITZEK per ~~ ~ P~ ~ ~~ON D~T. h~~ ~ to ~ ~~~. O~R CON~ / ~~ S~ NO ~ D~ / ~ OR S~ It ~ mu~y a~ b~ ~e ~ ~ ~ . · '~c~ T~ ~ Con~do~" 1. PLACE OF ENGAGiZMENT SUGDEN ~TT PARK : 2. DArZ(00~A~ s~mma,/, ,x,~ J~', 2000, 3. HOUI~S OFHNG,~vIE1¢I' ONE SHOW TO _CONm~CE AT APFRD3m~TELY 6:00Fit . ~e, TX~T.~O aEC'gigS 106~. l~sTiw~, BVtV.VSG ~-'"I=I-TLLP~:~ICEA(~U'PON: $25,000 GUARANTEE PLUS HOTEL ACCC~ODATIONS CONSISTING OF _,g (1) SUITE AND T~T~ (13) SINGLE P.O(N~ FLUS LOa~?. G'ROI/ND TRANSPORTATION PLUS SO~RD,LIGHTS AND BACKLINE, AT.T. AT NO ~ENSE TO AKTIST. All payment shall be paid by certified check, mon~ order, b'~ ckafl, cash or b-~' ~ tr~ as follows: (a) $ $12~500 (50% DEPOSIT) ~h,nbe l~aidbypUl~.CHASE~to ~nd in the name ofA. R.TISTS ag~mL ASSOCIATED BOOK2NG CORPORATION, not bt= rh~DUE ~'-'--'LiTi-__T Ui"3!! giU~ O~S-'. ; uP ~.~~. ~.zo[ ~o m~. ~ A]i paymemts <~=,11 be made in full without amy deductions whm'~-wr. SC~T.~- OF ADMISSIO~TS.CAP~CIT~: 1~000 TICa~TS: $~. 00 GROSS POTENTIAL: $75,000 IIL~ B1TISNESS 2 BUISNESS LTD f/s/o MAXI pllT~.ST ~ a/1 sisned copie~ to agmc Azsodat~t Booking Corporation Bc~l of C~= Commy Callhr Cauat),, N~ , ' ' Agenda, Iteat ~ FEB 2 2 ~flrj Pg..~___ ~ :' ABOVE SIGNATURES CONFIKM TI-IAT TH~ PAI~TIEs I~E READ AND APPROVE EACH AND ALL OF ADDITIONAL TERMS Ai~'D Co1%rDITIONS b~w~a Lhe p~r,.ias based upon ~y ~Ilcged breach by thc principal, th~ ~i~s ~ flmu ~ ~ lifignttion v411 bc immecffatdy ~e~ ulxm mo ~ said a~eat, rcqulted to make such motion shall b~ entitled to recover the altar% cos'~ inclucFm~ rmstmable anom~ fc~, f~ a~io~ agair~ ~he cff~:los~l FEB 2 2 ~00 Po...__,c::Z~ MAXi PRIEST WORI,D TOUR 1997 PERFORMANCE RIDER This r/der is ~chcd to b~ made pm-t of the contract d~ted between MAXI PRIEST INC. F/S/O "MAXI PRIEST" (hcrcinsfter referred' PI~ r~cl th/~ rider c~fully. It i~ ~ of ~e h~m~om m~ed con~c~ for ~ ~o~ ~y ~ P~ST. By si~ i~ ~e Purser agrees to supply the "ARTIST" with tha equipmmt and working conditions which are essential to their performance. Any breach of the terms of' this Hder is a breach of contract and entitlea the "ARTIST" t~ refuse to perform without releasing y.ou of the obligation of the full contract price. Il'Purchaser has problems fulfilling any term or items in tkis conwact, please call immediately. ARTIST MANAGEK -~4{TIST MANAGER TOBY LUDWIG 3AN~T DAVIDSON 21.2-6338754 TEL 809-938-1278 TEL TOUR MANAGER PRODUCTION MGR. ZOLA BURSB ROBERT STEWART 818.994-5222 TEL S18-994-9222 FAX 809-968-4625 'D2L 809-968-4619 FAX FEB 2 2 ~6nO [ mnxi priest rider 1995/96 Rider to Agreemen% dated n~ of ~F,~/Q fL~ ~, ~ of~ ~d~ ~I! b~ d~ ~o~ ~ ~ a ~ of ~~ ~:~ for ~ p~omm~ ~:m~O of~ CONS~UC~ON ~PMC~ ~W I ~e ~eem~t c~fimt~ ~e pmi~ ~e ~d~~ so~t m be ch~e~ P~~ may not a~pt m ~ my ~ ~t f~ h=eN; my m~ifi~o~ to ~e ~e~ ~II be made o~y by m~l~ or ~I~ i~u~ by "~~. ~y p~d m~fioq ma& ~ P~~ ~ ~e ~mem w~l ~e ~eement ~11 not become bNdNg upon '~ mtil ~e~ by m auto.ed agent of'~~. 1. "~~ may t~ ~s ~ement if: a. .~y mdividml member of ~e Group or Sound Engineer or Lighting Director con.crud for ~e show s~l die, become iii or N~p~imed for ~y re.on; o~ b. ~ '~ist's ju~enk peffommce of ~e ~mmt may ~e~y ~ose ~y member o~ ~e ~, my employee of "~~, ~y employee of ~e compmy ~n~ by ~~ or of "a~st's or ~y ~on of ~e audi~ce to ~gcr of dea~ or ~j~ or cMc s~fe of~y ~d; c. Peffo~ce of my of "n~st's obh~on ~om= ~po~ible or fuet ~tio~ ~o=eeable gt or o~er of my ~n~r or su~or, my p~lic aurora, ~idmic, ~g~m w~er conditi~m, ~t~ or lo~I state of eme~m~, f~e ~ ~y o~ evmt or ~ndition of~y ~d of c~c~. 2. ff ~s ~eement shall be te~ted by "~~ f~ my o~ ~fll promptly ref~d to P~C~ER ~y mo~t paid by P~C~ or ~fll not be liable to P~C~ER for ~y o~er lo~. ~e, or ~e clawed to ~ve ~en s~ered by P~~ ~ a result of such ~Nation. 3. ~e en~gement is to be held Ndoom ~m "~~ o~ ~r~sly a~ m ~g N ~ evem P~ER ~e~ m comply wi~ "a~ist's requiremen~ for ou~or ~ommc~, wNch "~ will f~ ~ P~C~ER p~or to ~g~mk 1. "~T" s~ll be afforded 10~A s~ billNg N ri ~v~g or publicity ~smNa~ or ~lay~ ~ P~C~ER for or ~ co=ection ~ ~e ~gm~ 2. No advertising may be issued ~ =y fo~ prior to r~ipt of a si~ed con.ct ~m ~~. 3. C~esen= pac~g~ mint be demil~ N le~ fora by a ~on o~dal md no~d.S~RT A~C~ONS ~ sho~ mot b~ promptly at ~e ~ ~e "a~ist's &oduction M~er ~I1 detemNe ~pon ~ s~-f~ ~. ~~ shall ~ve ~e ~ to approve ~e 1~ of perforate of ~1 o~er acm on ~e pmk. Shoed ~y act P~C~ER shall be solely r~omible for ~y oven~e FEB 2 2 nnO _ maxi pz~est rider -,qCILLARY RIGHTS 1. The name "A~TIST" shall not be used to sponsor or be associated with any product, company, or organization other than the Purchaser's nor shall there be any sign, banner of sdvertising material on or near the stage at nny time during "Artist's concert advertising any product, company or organization. *'.ARTIST' retains the right and control over cort)orate ' ~2. During performance vending is not permitted in thc audience/94e/~) O'C-r. ,0 L ~ O~ g~~'~x'~-/p'm': :~%CKETS/PERCENTAGE ' 1. In event that coml n. ion m m '.asur d whole or in by a pementage of the ~ PURCHASER shall providg to 'Artist's Tour Manger upon his arrival , a certified ticket · (no~z~d, signed statement from thc printer listi~ the number of tickets at each price) ~d a seating plot I'la~ thc venue (dia~vcnu¢,~ showing the location: of all seat~ and their price) for each performance here=de. ~/ . b. PLTRC~ER shall provide to "Artist's repr~cntativc prior to each perform=cc here ur~r detailed statement listing all bills, s~cmcnts, and receipts that enter into computation of these cxpcn.ses. Any bi}lsy~atements, or receipts not available prior to th'e~crformance duc to ottcnuating circumstances must be pro~{ded to .~rtist's representative at the b,:ginning of said pcrforr~. c. PURCHASER shall p~"Ar+.Nt'.$ repr~t~ive the 8uarant~ed mount, or t)g~'a <ce of the guaranteed amount if dep~it has been previously ~ ' to *'ArtiSt's performance, in U.S. DOLLARS UNLESS PRIOR ARRA~G~. Any balance due on a percentage will bc paid as soon ~ is practical-after the closing of the box office, cLmmmance$ make ' ' this will be no mom than one-half hour after the end of'ARTIST'S last Ix'rformance. d. Represmtatives of"ARTIST" shall and int~mission periods, and such repr~tatives sr~s~ rr~ipta and ocpand/tur~ at each lm'fozmance r~latin8 to said l:~rformnce. e. PURCHASER agrees to have on h~nd representatives, all unsold tickets sold. to thc representatives, and the number of "ARTIST'S repr~cntative, it shall be room) at the highest price for wh placeof box office prior to and during the performance be ~rmitted to reasonably satisfy themselves ~s to the ~t to examine and make extracts from the box office records shown on the ticket' PURCHASER has sold a is scaled. for counting and verification by "ARTIST'S of unsold tickets on hand and shown Unless m unsold ticket is shown to that seat (and any permitted standing f- With respect to all eng~lt~menta, no complimentary tickets may ~arged except those ~ppr~ved in ............ / .... . : $,, The PI~ ,~;I,I kS ~ shall formud to ~ ~ AGENCY, promptly af~r"~ conclusion of ~ach ~agemcnt, p~ ~lls su', sU nfiat~ tg costs uaed in the computation of the split point. h. .~ 1 se tiptoe nth ~r¢ subject to verification in the form of the paid bills subrnitt~- In- calculating spl~oints, there s ~llo, ted, as costs, only PI. IP. CHA$ti~,', actual n¢t fe~s paid less any discounts or._r~ba= cameA. ~,~ · For thc purpose of calculslin~ split I~ .md.. PURCHASL~R'$ fses. any allowabl= deduction for commi~ shall not includ, Stoup sales or di~:o~ts) ~nd local t~s shall b~ added to th~ cost b~¢. NON-PARTICIPATION In the event that terms of the ~Eement do not include a percen~e participstion by 'ARTIST", it is understood and agreed that said non-pm'ticipation is predicated on the fact that admission to concert(or potential gross ~s stated on face of contract) must be a condition of contract and adhereA to. In the event that ~mss box office r~ceipts snd/or admission prices ~xc~ed those mn-tract' then PURCHASER must pay to "ARTIb'f'S r~prea~nmives on night of thc ~gagement thc Agen FEB 2 2 ?0~1] Priest rider 1995/96 If show should s~ll-out in advance, PURCHASER sh~l, on the da)-of ~g~icn-t: run sds of the sm-ne size, design and place ir, print media previously advertised in, with thc words "Sold Out' liinted seroes thc ads in bold print, u well as adding 'Sold Out" m bold print to marquees and signboards on and around thc facility herein m=~Joned. ANNOUNCEMENTS PURCHASER agr~s ~mt dir~.~'y prior to "ar~t's perfommnce there sha~ be no announcemen,, or speeches of any kind without "ar~st's prior consent if requestS. PURCHASER wil! provide an Announcer to introduce ``ARTIST~ prior to his performance in a mmnn~r sp~ified by "ARTIST" or his rcpr~ntafive. PEPdVITS~S~CE ] PURCHASER agre~ to provide and obtah% a~ h~ sole cos! mud expense, d! Hcenses, perm~% clem~nces should include, but are not limited to~ pm4dng of buses or production, and any trion, guild, or l~rforming fights societywh~ch r~h~ r~aid pm~nit or 2. PURCHASER ~re~ to obtain M! nece~ary p~rm~,~ and cl~ranc~ ~ lea~ four.eh (]4) day~ prior to the scheduled 3. Any dispute or disagreemer~ m/sing from the failure of the PURCHASER to obtain all nec~ary permi~ clearances, licensing md/or authoriz~iorm shall be the sole r~ponsibility of the PURCMASER md PURCHASER ~mll hold "ARTIST" md designated representative harmle~. 4. PURCHASER agree~ to obtain and have in effect, for the dumion of said er~agement(s) an insurance policy for general casualty and liability in an amoum not less than USS 1,000,000.00 covering the site of the event and muting against pemonal injury and casualty as to all persona at the ~ite of the event 5. It is necessary, at some buildings to obtain ualtie clearan~ or permits in order to unload tracks. This usually occurs when loadin~urdoading ar~a is on a main str~. Should p~rmit or a traffic p~.roiman be require~i, it will be necessary for the PURCHA~ to order the above well in advance of show day. lv~RC~IS~G "ARTIST" brin~s sion8 his own merchandising coordinator. Pl~e be sum he/she is welcome and put in contac'~ with the proper people to assist in merchandisir~ sal~s. PURCHASER ~rees to provide r~ponsible people to assist in these sales. PURCHASER agrees to use ks best efforts to vrev~ an4 stop sales or d/str/bugon by any other p~mon other PAYMENT f/~_~ ;~r~z De'Dvoq ,q6- $;z~"~ X,~c,3 ~x [£~) .' · ' All payrnenu shall be made as provided herein. In the event PURCHASER fa/h to make any paymen~ at thc time stipulated hc4'ein or breaches any other provisiom of this agreement, "ARTIST" shall have the right to withhold performance without prejudice to his fight hereunder. A breach of any clause contained in this rider by the PURCHASE shall be deemed a material breach. The specific Capacity, gross potential, and ticket price breakdown of the facility where "ARTIST" is to perform under this a~eement must be clearly printed on the face of the contract ofwhich this rider is a Fart of. SHOW EXPENSES PURCHASER expenses for the performance(s) hereunder shall include only those costs and expense.% direct or indirect, customarily incurred by in the production of musical coneer~, including, without limitation: Renting or leasing the hall including the staf~ there of~' for the performance(s), and all standard selling commissions, if any, pay~le to vendom (other than direct hall) on sales of tickets of admission to each concert held there at, provided tha~ no such commissiona shall reduce the price of any ticket Renting equipment including sound, lighting notwith~tsnding the'feet thit same may be provided by "ARTIST". Paying ASCAP and BMI md/or other applicable performance licensing f~. Providing refreshments for ``ARTIST" and his pemonnel at "artbt~s direction. Age FEB Z 2 2060 PURCRASER ~ for thc ,~rformencc(s) hcrcun_ der shall include only those costs and expenses, direct or indL'-cct, custom.fy 'Ob~ ~io, n~pc, ~d ~ ~~ ad~ publi~i~ ~d ~ pa~m by ~e P~~ ~ '~~ ~ m ~ ~e ~d= or pm~t to ~s a~em~t ~ll be made ~ ~e fo~ PHOT~~CO~G No pho~ph~ ~e fllowed ba~e, ~ ~e ~ ~ ~y ~ m '~~, ~out ~e comet of'a~ist's Tow ~. ~y ~u~o~d ~e~ or r~o~g e~ipm~t ~ ~j~ ~ ~s~tion ~til sho~ en~, ~d fll m~ ~d fi~ ~1 be rmoved ~m mac~=. Sign must b~ posted prior to door~ op~'ing m~d plaid in p~o~.in~nt ~rcas, stating~ "NO CAM:KRA OR I~ECORDING EQUI~'~NT ~ ~ o'a'~'~ IN ~ B~G' ~c ~es ~11 bc fi~y a~ to. ~ ~cl~ fll ~I~ ~d ~~ s~ ~0~ .~C~ m ~de hotel acco~fiom ~ ~ con~ ( 14 ~GL~ See a~ched rooming list I S~ 13 S~GL~ ~ ~G ~ B~ TRANSPORTAT/ON his sole expense "ARTIST~ with ~irline tickets ~s per contract. See Attached uirements. 3 FIRST 3 BUSINESS g RO~TRIP Purchaser is for ail Customs, freight, Excess Bsg8~, Storage, Bonds, Carnet snd incurred with the equipment and en~ou~e. See sttnched Equipment list of Equip that we will be carrying. TRANSPORTATION """ ",~RTIST" also expects t~ have ~us drive~ who know the route to and from the airport, hotel and stege entrence. Maxi Priest expects clean new vehicles with functionir~ re~ios, windows, hcete~, ~nd nit conditionm. PURCHASER shell furnish, et his own expense, end for "Artht's exclusive use, the followin~ vehicles. I 1S ?ASSF_.NGER VAN, A.ND 1 EQU'IP~ VAN A=ND LUGGAGE VAN ~ne (1) BLACK LIMO FOR "MAXI P~ exclusive use in connection with this engagement, including airport picku~ end _~,~mrn~, int~'views, promotional events, sOUnd.checks, performance etc., if and when necess~y. ~.;xact number of vr. hic~s and schedules will be advanced with M~i Priest Tour Mgr. Agen I FEB 2 2 YO00 I maxi priest rider 199S'~;6 .. . · PER DIEM COMP~ARY TICKETS PURCHASER to supply ~ARTIST'$ TOUR Managm' with forty (40) comp. tickct~ from ~he b~t seam av~/labl¢. PERFORMANCE RIDER A. Production Advance You will be contacted by telephone and/or fax, prior to p:rformance to confirm all points of t. his production rider with Artbt's Production Mznager. If th~r: are any questiorm or ch~ng~ to this rider on your behalf, they must be submitted in wfi~ingto: ROBERT STEWART Purchaser shall provide all Sound, Lights and Rigging, for all shows contracted under this agreement Pt~2mser will ft-.m-dsh for each engagement it his own expense, all production, including, but not limited to, all those provisions he ,~r specified. Purchaser Representative Purchasers Production Directnr and Chief Representative must be at the place of m~ent, at load-in, for a meeting with AHist's Production Manager to discuss and coordinate the show set-up and presentation. In addition, Purchasers Production Director and Chief Representative shall be present at the place of engagement for duration of the engagement until the public and Artist's staffhave left facility. This is to ensure that all requirements are fulfillecL Purchaser represents and warrants that all equipment furnished to Artist hereunder shall be in fu'st-class condition and that all personnel whose services are rendered to Artist hereunder shah be fully qualified to provide such service. 6 maxi priest rider 199~/96 Pemo~el fcont'd) PRODUCTION (CONT.) 1. $~ge Crew It shall be the sole r~ponsibility of the Purchaser to ~.-.ertnin that all crew members nrc fully paid members of their respective unions, and that all workers supplied ~re suitable for the jobs. to be done. The Artist shall not be held responsible for any delays to the performance causexl by disp,.~ ar~|ti~i'~,ri, work stoppages or slow-down by any union memlx~. For venues that heve In-House Lights end Sound, A,"d~s Load-In/Load-Out is as follows: Loedsrs Stage.hands House Electrician House Sound Engineer House Lighting Director For venues that have In-House Light~ md Sound, Anisfs show call is as follows: 4 Stage-hands I House El~c'mician I House Sound Engineer 1 House Lighting Director 1 Mo,-,.itor Engineer House Electrician is required at Load-in, throughou~ the day and throughout the performance. Pumhaser to have available one (1) Runner exclusively for Artist's use. Runner shall report at Load-in, and shall be separate from the Stage-hands. Runner must lee e~.2ippe.-I wiih a valid driv~'s license, vehicle (lm'eferably late model sedsn), md a working knowledge oft.he area's musical instnz~ent s~ores, hardware stores, and electronic pans stores. Runner will be under the total direction of the Ar~isfs Production Mana~. On nil outdoor performances, we must have an overhead protection from rain, sun, and inclement weather. This covering should include all lighting bnnks, musicals instruments, monitor~ system, mix platform, technical areas, , follows spots as well as entire stage. STAGE Dimensions wo' ~l~'(wide) x ~d~'(dcep) x 4'(high). W~th a ccilir~ clearance of 3~ from the deck of the stsc. This is a minimum for Artist's performance only. The stage must be capab, le of supporting 150 lbs/sq.R. The surface must be smooth ,nd fi'ce of holes or protru~ion.s. Entry Ent~ must be wcll lit and fir~ of any obstacles such es cable runs, Ocrd~towcr Ices, crc. 7 FEB Z Z 20011 - _ Mix Platform A 16'(wide) x $°(de~) x 3°0ggh] platt'om to be situat~cl 100' m front ore. enter-stage. D. Riser~ 8'(wide) x ~'(d~ep) x 2'~gh), carpeted Risers W/one r,.ep unit All risers should be brac~ and ~apable of supporti~ 150 lbs/SCl.lt. protrusions. Purchaser will provide black masking for front and sides ofrise~. The surface must be smooth and free of holes or pOWER Source Power distributor shall be provided by sound company. Sta~e Power Nine (9) 15 Amp., 117 Volts. 50/60 Ha s~rvices are to be provided. Each service must terminate in a Quadbox. Each service mu~t be phase-coherent and isolated. All sm'vices must be tested for corr~t voltage, grounding, etc. Disruption of Service " Should a power disruption occur, r~asonable r~xo~g time and confirmation of show status mu~t be approved by Artist's Production Manager. Damage Liabiliw Any and all voltage/Amperage situations that cause damage to stage equipment must be corrected to performance specifications before performance begins. Any and all damage to equipment due to power disrup:ion, regardless of circumstance, is not the responsibility of Artist All repairs or replacement of stage equipment must be complew,.d before transport of equipment to the next engagement. Should the requirements stated above not be fulfilled, the Ih.tmhaser md/or pertinent Sound Company shall be responsible for any punitive damages ('including, but not limited to, loss of income, additional expenses, and penalties) or other expenses resulting from any damage to stage equipment I A gendA_I,tew I FEB 2 2 2MO ,//_ J maxi priest rider lvfinimum Kec~. iremen~ LIGHTING 1 6(Lch~nnel, 3 scene lighting console or equivalent. 4 Follow-spo~ CXenon type or Super Trooper). All follow-rpot~ mmv. be supplied w~zh qualified operator~ and all headset communications as needed. Home Li~ts Should the houze ligMz be controlled from s setmmt~ booth, the operator muzt be on the communication circuit at leazt fifteen (15) minutes before show time and continuously durin~ the show. Prior to arrival please discuss with Robert Stewart about Lights. SOLrND ' Control Any and alI audio is to be under complete control of Artist's Sound Engineers.. Engineer~ muzt have total system accwa from the time of arriwl until the end of performance This includes the freedom to change hou~e/monitnr: EquaJization Effect settings and memories Numb= of input, At no time is Break/Incision level to exeeeA l~cl ~peeified by engineer. "'If any questiora or problems should arise, plea~.- cont,. ,~z4..~'s Production Marker or Sound ~ngineer~. maxi priest ~lder ~95/96 .... sotrl (com) Linc-Check L/ne-check shall never be less than twenty (20) minute~ (starting from the po/nt of completion of wiring as determined by Monitor Engineer and Stage Manager). .,.. . .... Any dehy~ in: iii) iv) Completing the'wiring of audio input; Providing the r~quired power distribution (as climct~ above); The timely movement of stage equipmmt as directed by Stage Man~cr. Set-up due house policy (i.e. dark time on stage, union l~oli~es, et~.) shall not be taken from line-check time. House Sound-Check Purpose: To provide thc engineer all the time nccc~,m'y 1o: i) Establish optimum speaker placement as directed by engineer, ii) Place and program any and all consoles, effects proces__sors and audio recorders to suit the engineer as seen by the erl~ia'lee, L The routine followed by the engineer is Io allow him to observe and interpret the interaction of the house syste, m and the venue's acoustic characteristics. One HUndred Twenty (120) minutes minimm~; Security must clear all non-essential people from seating/backstage arena in such a manner as to satisfy Artist's Production Mannger;, Under no circumstances shall the audience be admitted inside the venue until House Performance check is completed and all of Artist's Sand are outside of visual contact. House Specification~ House system shall be a full-range system, with sub-woofer~ capable of reproducing a frequency response of 35Hz to 20kHz., +_.3db, have the capability of producing 117 db at the FOH mix position, and consist of the following: 1 40-channel sound re/nforcement console with: 4-w~y parametric EQ on each channel; l-Ii-p~-~ filter on each channel; Phantom-power on each channel; 8 Post-fader sends; 8 Stereo sub-groups; 1 Spare power supply. 10 g.end& Item ! [ FEB222000 I maxi priest rider House co~oles in order o£ prefcrence: Yamah~ PM 3000/PM 4000 Crest-Camble lEK 56 Soundcr~ft Serie~ 4 Outboard Processk,~: 1 1 2 2 2 I 10 10 1 1 1 1 BSS Sonic Maximizer/Aphex Type "C" Exciter Eventide 1-I3000 Yamaha b'PX 990 Roland SDE 3000 Lexicon PCM 70 (version 3.01) Lexicon PCM 42 Channels of compre~sor~ (Dbx 160-X, B$S DPR 402) Chanmls of Noise gates (l~awmer DS 201) Spearu~ Aml~r (Goldli~.e, Kla.~ Teknik) DAT Recorder Sony Compact DL~c Plsyer Tascam Ce.~ette recorder Communications system with three (3) headsets (at home and monitor consoles and at stage right) F. Monitor Specifications ~a'fist requires a state-of-the-art (e.g. Meyer Sound Labs) monitor system which must be placed stage-left, consisting of'the following: I 40-channel Monitor Console with: Monitor 4-way sweep EQ on each channel Hi-pa~ filter on each channel Phantom-power on each channel 16 Discrete, post fader sends I Spare power supply Consoles in' order of preference: ]~msa S840 Crest-Gamble 40 x 16 Yamaha PM 2800 '. Og~,~ard Processing/Microphones/Dis: 16 6 8 1 2 20 4 ! 2 5 3 4 Professional quality 1/3-octave/r~phic equalizer~ (Yamaha 1027, KlaHc Teknik DN360 or Dlq300) Channeh of'compression (dbx 160-X, BSS DPR 402) Channels of noise-/ate~ (Drawmer DS 201, Kepex) spectrum ar~yzcr (mark re~cr~ Yamaha SPX 1000 Active DI Boxes with patch cablea ~ Diversity $~nn Wireless Microphones AK~ C 451 Condenser Micr~phonea AKG 414]EB Condenser Microphones Shure Beta 58 Shure SM 57 MD421 11- 1:. maxi pri,,,t rider 1~95/96 Monitor SpeciHcation~ (cont~ SOUND (cont'd) Monitor Cabinets 14 1:loor Wedges - Ultra Monitors 2 Side-Fills - 2 x MSL 3, 1 x R2 650 ~ sids 1 Dnnn.Fill - 2 xUPA lA, 1 xR2 650 l Cue Wedge - Ultra Monitor Monitor Mix Assignments Mix No. .Mix Wedge Tv~ 1 Maxi Ultra Monitors ' 2 2 Maxi Ultra Monitors 2 3 Maxi Ultra Monitors 2 4 Heather Ultra Monitors 1 5 Khndesia Uittn Monitors 1 6 Ba.~ Ultra Monitors l 7 Guitar Ultra Monitors 1 8 Keys $.R. Ultra Monitors 1 9 Drums Drum Fill 2 ! 0 Keys $.L. Ultra Monitors I 11 SideField/Left Side-Fill 2 12 $ideField/Right Side-Fill 1 Amou0t ,,.'. MIC INPUT LIST IS AT END OF RIDER EQU~P~ LIST ~. Dmms B. Gummy 6 Piece Yamaha Drum Kit to include 22" kick -2 Brassl 4" Piccolo Snare with Stands 10, 12, 14 Rack Mount, 16 Floor Tom. 5 Cymbal Stands I 14" LP T~nbal¢ w~th Snm~ Stand 1 DW 5000 Chain-Drive Foot Pedal I Set of Zildjian 14" Hi-Hats New Beat or Quick Beat 1Zildjian 16" Crash, 18' Crash, 22" China Boy, 22" Ride Cymbals Ail Cymbals with Pearl Heavy Duty Stands 2 Drum Thrones 2 5 1/2' Wood Snares with stands . Roland JC-120 Guitar Stand Fender Shat Guitar Guitar Wkeless System 12 "--- Agen "-- ~ No .~/~~ Z .000 Pg maxi priest rider Co EQ~-n,~ LrST (COlVr'D) 1 Korg M-I Keyboard I Kunzweil K-2000 1 Roland D-50 Keyboards I Roland JD-800 Keyboards w/Brass Card 1 DX-'/11FD 1 Akai S3000 I-ID w/l 0 Mcgabyt~ of P,~m 1 Akai MPC-3000 drum machine 1 Korg 01AV FI) 1 Iome~ Zip drive with interace cable to S3OOOHD 6 Apex 2 tier Keyboa~ sumds 1 Singl~-tier Quik-lok x- fra~ all keyboards with sustain ~,ud v~[umc ~ 16 ¼ to V. Guim' Cables (20') 10 % to % C~t~r Cables (10). 6 Midi Cables(10) Personnel Two (2) Technicians from the rental company to set-up equipment. *See attached Exhibit "B" Stage Plot. If Purchaser is unable to provide bacldine as per specifications heretoforementioned, Purchaser shall be finandally responsible for rental of same from Rocket Rentals in New York (211l-.643-8246) and further, shall be financially responsible for all applicable excess baggage charges. BACKSTAGE REQI. rlI~d~I~F. NTS The following rooms ar~ required for the solo use of thc Artist and are to be provided by Purchaser. Ail rooms are to be lockablc, kcy~ for which arc to bo dclivercd to the Artisfs Production Manger oncc thc roorn~ have bccn stocked with ** Dressing rooms should be stocked thirty (~0) minutes prior to showtime. I3 max~ priest rider 199S/96 B~CIC~rAGE REQUn~.~S (CO~r~D) 13. Artiste's Dressing Rooms Th~e rooms are for the ~xclusive u~e of the ArtisL Each room should have one iron and one ironing board, one (1) tull length mirror, make-up mirror~, a sofa, ,chai~ tables, lamps, fully lined trash cans. Each room should contain two (2) l l 7 V/20 Amp AC power outlets, can.% and bathroom facilities. These roon~ must be cleaned and sanitized before our 'amval, serv/ced throughout the day, and kept at a comfortable temperature. ROOMS SHOULD BE STOCKED AND READY 1 HR PRIOR TO PERFORMANCE TIME Purchaser should provide ~ (3) dre~ing roor~ to be labeled a~ follow~: Star room for I people labeled "Maxi Priest" Large Dm~ing Room t'or 8 people labeled Maxi Prieat Band and Crew Small Dre,,~ing Room Labeled Max/Prie~ F~uale~ Purchaser to provide three (3) dozen'clean (preferably new) black towels Backstage Catering The caterer is respormiblc for keeping the food and beverages freab., clean and well stocked. 'NO PORK PRODUCTS. NO lYInG Artiste's Dressing Rooms Specifi~atiorm' ~r~ 1. For DressL~ Room labeled "Maxi Priest" plebe provide: Quart orange juice plu~ 1 Quart apple juice Quan grape juice 1 Quarts spring warn- (Evian) l Bott!: :f C.~_."'n.p:~.: 1 Lemom, limes, su~r, tea bag~ (Lipton and herhal) Coffee urn Hot water for tea (3amfresh cream Can/boule opener Small jar of honey 2. For thc one (1) Dressing Room labeled "Maxi Priest Females" please provide: 2 1 1 3 I nl Quarts orange juice plus Quart~ apple juice Quart~ grape juice Quar~ spring water 0:-vian) Dc=n H::.'::k:r. ~::r Lemom, ILme~ sugar, tea bags (Lipton and be, Foal) Coffee um Hot water for t~ Quartfr~ cream Can/boule opener Smalljar of honey 14 I FEB222000 | '- maxi priest rider 1995/96 BACKSTAGE REQUIREM~NTS(cont For the one (1) Dressing Room labeled "Maxi Priest Band" please provide: Quarts orange juice plus 1 Qum~ apple juic~ Qum'~ ~rap¢ jui~ 1 ~o~, ]~ s~, ~ ~ ~ ~ Colt*cc um Hot water for tea Quartfresh cream Can/bo~¢ opener Small jar of honey In ~ldition, each dressing room sh~ll contain: Bowl of assorted fn'i', incluihll ~t~ Cheese platter (no processed cheese) Small bowl of mixed nuts (almonds, cashews, peanuts, raisins, etc.) Please provide, for the u~e of the crew, the following; I Gallon orange juice I C.~II on grape juice 1 Gailompple juice 4 C-allonsspring wa ter £. Sound-Check For Sound-check, please have available thc followini~: plu~ 3 C~lons spring water (Evian) 1 Gallon apple juice I C-allon grape juice 1 Coffee urn Hot water for tea 1 Quart fresh cream 1 Small jar of honey Lemons, limes, su/ar,~les'bags'l,l, iptc:~ and herbal) r mer- A tist C -w Due to the nature of the Concert, it will be he, essaD, for the Pum~ to provide dinner for the Artist and Crew. Th,. Artist's Production Marker will confirm all meals prior to ordert~- ~,-,l~xi,.Er~;~~l[s_.o~., ,It must be svailable immedistely following soundq:heek and set-up in a dining area, adjacent to-~e $orae of the meals should be completely veietarian in nam and, ltll~in~lud~t]l..~[ean, f'a_h. ~_~.is.~,l:~q[~tion Manager will advance with the caterer. Prat, ha.set shall provi~ br~kf~ and lunch for th~ ~ on day or,how when erew is at the wnue. Artist's Production Manager will advance. maxi priest rider 199~/96 ' ' -' SECURITY REQ~S Purchaser to provide Artist with adcqua~ sr~'ugty arrang,~m~ per the following requirements: Dr~sin~ ROOms Two (2) plain cloths security guards to be a~ th~ discretion of Ani..A's Production Man.er. B. Mix Platform One (1) uniformed security guard, to guard mix plafform~ fr~m tim~ of doom being opened to the public until the end of the performance and the public has left the building. ' '"' '. C. Sta.~e Area Two (2) uniformed security guards to be stationed ma floor, str~e le~ and stage fight, and additional uniformed guards should be placed at every point where the public may gain access to the baekslage are~ In order that the Aniste~ may present their perfommce~ to the beg of their ability, is expressly understood that no person(s) be allowed on-stage du,,ing thc Andre's performance, except those pemons directly connected with the production of the show. Artist reserves the right to ask person not connected to the show (as heretofore mentioned) to leave the stage area immediately, and Purchaser will arrange for such a request to be complied with immediately. X. ACCF~ A. Passes In order to ensure the punctual presen*mlion of the pa~xiu~on conh'acted for hereunder, ~ rapid correction of any problem which may occur, .Artist~s Production lvlanager shall be supplied with whatever idenfi[~cation and authori:mtion welch may be necessary for complete movement throughout the place of performance. These passes must be good for backstage dressing rooms, ma~n audience area, and parking area. These passes shall be made available to Artist's Production Manager or representative prior to Sound-check. B. Guests Record company representatives and special guesls should receive fa'st male cordiality as long as it doe~ nat infringe upon the privacy of the Artist. NO. FEB mazi priest rider 199S/96 SIGNED AND AGI~ TO: SIGNED AND AGREED TO: Bo~ of Colllm- r-.xam~ ~ For M~ Prie~ 1~ Witne~ Wime~ 19 maxi priest rider Name: Max A.!fred Elliot Address: 154 Salehurst Road Phone: . (081) 314-5886 FaX: D.O.B: P.O.B: Passport #: Place of issue: D.O.I: D.O.E: Gender: Nationality: Marital Status: Function: Departing: Flight Details: June 10, 1961 London, England B439267 Wales July 27, 199o July 27, 2000 Male English Single Vocalist - 10 Years London Non-Smoking, Window, First Class, Regular NRITIe: Address: Phone: Fax: D.O.B: P.O.B: Passport #: Place oflnsue: D.O.h D.O.E: Gender:. Nationality: Marital Stattm Function: Departing: Flight Detnil_~: Robert Christopher Antonio Stewart 9 Annette Crescent Apt. 3 Kingston 8 Jamaica, West Indies (S09) 92~-2213 (sog) 942-~9o September 22, 1961 Kingston, Jamaica 1410091 Kingston June 15, 1993 June 14, 2003 Male Married Production Manager Kingston, Jamaica Non-Smoldng? Aisle, Business, Vegetarian.Name: 18 -I FEB 2 2 ~.mlO / Name: Address: Phone: Fax: D.O.B: P.O.B: Passport #: Place of issue: D.O.I: D.O.E: Gender: Nationality: Marital Status: Function: Departing: Flight Details: Name: Address: Phone: Fax: D.O.B: P.O.B: Passport #: Place of issue: D.O.I: D.O.E: Gender: Nationality: Marital Status: Function: Departing: Flight Details: S.S. NO.. maxi priest rider 1995/96 Janet Louise Davidson 112 A & B Westbourne Grove Chapstow Road London W2 5RU (081) 679-8140 Home (071) 221-3292 Work (071) 229-4810 January 11, 1959 London, England 500008853 London January 27, 1992 January 27, 2002 Female English Single Manager Kingston Non-Smoker,Window, First Class, Regular Zola Pesos Burse 13539 Lead well Street Van N. uys, Ca. 91405 (818)994-5222 (818(994-9222 October 2, 1941 Memphis, Tennessee Z7309056 American Consulate General Sao Paulo, Brazil July 27, 1994 July 26, 2004 Male American Single Tour .l~auager LOS Angeles, Ca. Non-Smoker,Window, 1st claas 411-62-7746 19 Name: Address: Phone: Fax: D.O.B: P.O.B: Passport #: Place of issue: D.O.I: D.O.E: Gender: Nationality: Marital Status: Function: Departing: Flight Details: maxi priest rider 1~98/96 Herbert Joseph Harris 25' Retirement Road Kingston 5 Jamaica, West Indies 809-968-5415 September 14, 1960 St. Andrews, Jamaica 1804050 Jamaican Embassy Tokyo Japan December 18, 1995 December 17,2005 Male Jamaican singl~ Keyboards - 14 Years Jamaica Non Smoker,Window,Coach,Vegetarian Name: Steven Johnson Address: Phone: D.O.B: P.O.B: · Passport #: Place of issue: D.O.I: D.O.E: Gender:. Nationality: Marital Status: Function: Departing: Flight Details: 1366 E. Garfield #5 Glendale Ca. 91205 818-240-2030 March 21, 1960 Dallas, Texas 034994532 Los Angeles, Ca. April 29, 195;4 April 28, 2004 Male American Single Stage Manager- 10 Years Los Angeles, Ca. Non-Smoker, Window,Coach,Vegetarian 2O Name: Address: Phone: Fax: D.O.B: P.O.B: Passport #: Place of issue: D.O.I: D.O.E: Gender:. Nationality: Marital Status: Function: Departing: Flight Details: maxi priest rider 1995/96 Richard Shnun Campbell Kingston 8 Jamaica West Indies Feburary 14, 1972 Jamaica 1870480 Kingston October 3, 1994 October 2, 2004 Jamaican Single Musician / Keyboard Player Jamaica Non-Smoker, Window,Coach,Vegetarian Name: Address Phone: Fax: D.O.B: P.O.B: Passport #: Place of issue: .D.O.I: D.O~E: Gender: Nationality: Marital Status: Function: Departing: Flight Details: Collin O'Neal Elliott 22 Steelwell Road Kingston 8, Jamica 809-931-1729 Feb. 17, 1965 St. Elizabeth, Jamaica, 8950,_',.3' ' ' Kingston Jamaica June 18,1986 June 17, 1996 Male Jamaican Single Bass Kingston, Jamaica Coach, Non-Smoking Window, regular meal t 21 FEB 2 2 000 maxi priest rider 1~9~/96 . Name: Address: Phone: FaX: D.O.B.: P.O.B.: Passport~: Place of issue: D.O.L: D.O.E.: Gender: Nationality: Martial Status: Function: Departing: Flight Details: Audley Burns Chisholm Orange Dist Sign P.O. St. James Jamica W. L 809-979-4090/936-6394 SePt. i9, I967 St. James, Jamaica 2105292 Kingston, Jamaica October 8, 1996 October 7, 2996 Male Jamaican Single Guitar Kingston Jamacin Window, Vegetarian, Coach, Non-Smoking Name: Address: Phone: Fax: D.O.B.: P.O.B.: Passport-g: Place of issue: D.O.L: D.O.E.: Gender: Nationality: Martial Status: Function: Departing: Flight Details: Osbourne Oraine Elliott 22 Steelwell Road Kingston 3, Jamica 809-931-0107 Dec. 1, 1966 St. Elizabeth, Jamaica 0943991 Kingston June 1. 1987 May 31, 1997 Male Jamaican Single Drummer Kingston Coach, Non-Smoking-Window,R~gular meal Agen~p. it~m E B 2 2 2'000 maxi priest rider 199S/96 Name: Address: Phone: Fax: D.O.B.: P.O.B.: Passport~: Place of issue: D.O.L: D.O.E.: Gender:. Nationality: Martial Status: Function: Departing: Flight Details: Name: Address: Phone: Fax: D.O.B.: P.O.B.: Passport~: Place of issue: D.O.L: D.O.E.: Gender. Nationality..' Martial Status: Function: Departing:. Flight Details: Heather Marsha Cummings 12 Norwood Ave. Apt. 29 K. ing_~te= .~ .lamica 809-960-3034 Nov. 23, 1973 St. Catherine Jamaica 1852543 Kingston Sept. 1, 1994 August 31, 2004 Female Jamaican Single Backing Vocals Kingston Coach, Non-Smoking Window, Regul~ir Meal IChadejia Jamal' Bass New York, N.Y. July 16, 1970 New York, N.Y. 110418866 New York, N.Y. January 9, 1991 January 8, 2001 Female Americian Single Backing Vocals New York Coach, Non-Smoking Window, Regular Meals FEB 2 2 ~lOO mnxi priest rider 199~/96 .. Name Address .Telephone Fax D.O.B. P.O.B. Passportg Place of Issue D.O.L D.O.E. Gender Nationality Marital Status Function Departing Name: Place of Residence: D.O.B: P.O.B: Passport #: Place of issue: D.O.I: D.O.E: Gender:. Nationality: Marital Status: Function: John TObias LudWig 55 West 11th Street New York N.Y. 10011 212-633-8754 212-633-9754 May 19, 1961 Dolestown, Pa. 153093139 Passport Agency Natl.,Passport CTR July 3, 1995 July 2, 2005 Male Americian Single Artist Mgr. New York City,Non-Smoking, Window, 1st Class, Veg. Gareth Shelton New York, U.S.A. August 13, 1970 St. Andrew Jamaica 1395510 Consulate General New York April 26, 1991 April 25, 200 Male Jamaican Single DJ 24 FEB 2 2 000 mnxi priest rider 199S/96 ROO1VihNG LIST MAXI PRIEST ROOM # NAME TYPE MAX ELLIOT ZOLA BURSE ROBERT STEWART 1 BED SUITE EXECUTIVE KING KING (WITH DESK) 4. STEVE JOHNSON KING 5. HERBERT HARRIS KING 6. OSBOURNE ELLIOTr SINGLE .~ 7. COLLIN ELLIOTT SINGLE RICHARD CAMPBELL SINGLE 9. AUDLEY ~SHOLM SINGLE 10. JANET DAVID SON SINGLE 11. 12. KHADESIA BASS GARATH SHELTON SINGLE KING 13 .. .,, HEA~R ~GS SINGLE 14 TOBY LUDWIG KING 15 TBA KING (NOTE) PLEASE MAKE SURE ALL ROOMS ARE NON-SMOKING ZOLA ROOM IS NE.AR MAX~ AND THAT maxi priest rider 199.~/96 NAM~ Max Elliott Toby Ludwig Zola Burse ~ p]~nv.~i' PERSO~ ~ IN'FO~TION CLASS OF SERVICE 1st Class 1st Class 1st Class Janet Davisdson Business Robert Stewart Business Heather Cummings Business Herbert Harris Coach Audley Chisholm Coach Richard Campbell Coach Osbourne Elliott Coach Collin Elliott Coach Khadesia Bass Coach Garath Shelton Coach Steve Johnson Coach TBA Coach D~ATUR~ FOOD New York Regular New York Veg. Los Angeles Regular Kingston, ,I.A. Regular Kingston, ,I.A. Veg. Kingston, ,I.A. Regular Kingston, ,I.A. Veg. Kingston, ,I.A. Veg. Montego, Bay Veg. Kingston, ,I.A. Veg. KingstOn, ,I.A. Veg. New York Reg. New York Reg. Los Angeles Veg. TBA TBA 26 Agendtl. lt, e~ 1 F E B 2 Z :~nllO sbe sammy boyd a31edai'rnent 69 broad street suite c red bank, nj 0770'1 phn 732- 842.1007 fax 732- 219-7640 Artist Engagement Contract THIS AGREEMENT for the personal services of musicians, made this 1ST day of ~ between the undersigned 'Purchaser' of Music (hereinafter referred to as "Purchaser') and ~ (hereinafter referred to as 'Artist'). Name of venue: ~UGDEN COMMUNITY PARK Venue address: EAST TAMIAMI TRAIL. NAPLES. FL Date(s) of engagement: SATURDAY. MARCH ~ 2000 Engagement detaih Load In: ADVICE Sound check: TBA Showtime: TBA Set Length: 1 TBA Minute Show Engagement Type: OUTDOOR / FESTIVAL Billing: ~ Order of Appearance: NA ALL TIMES ARE APPROXIMATE Doors: 4:00 PM Capacity: 10.000 T~cket Price: TBA Gro~s Potential: NA WAGE AGREED UPON: $8,500 FLAT GUARANTEE PLUS ROOMS PLUS LOCAL GROUND TRANSPORTATION PLUS BACKLINE !SEE ATTACHED EDITED EQUIPMENT RIDER) PLUS RIDER. All Payments shall be paid by certified check, money order, bank draft or cash as follows: (a) $4.250 shall be paid by PURCHASER to and in the name of ARTIST's agent not later than FRIDAY. FEBRUARY 25.2000. (b) Balance $4.250 shall be paid by PURCHASER to ARTIST IN CASH BEFORE SHOW. (c) Additional payments or percentages, if any, shall be paid by PURCHASER to ARTIST not later then NIGHT OF SHOW. DEPOSIT OF $4.250 payable to SBE CLIENTS TRUST ACCOUNT BY FRIDAY. FEBRUARY 25.2000. This agreement must be executed by FRIDAY. FEBRUARY 2,5. 2000, or will be subject to cancellation. Other terms and conditions as follows: 1. ARTIST WILL RECEIVE TBA% OF MERCHANDISING 2. PRODUCTION CONTACT: PAUL EASTON O ABA ENTERTAINMENT CONSULTANTS 941-262-5291 3. ARTI,.ST WILL BE PAID IN FULL. WEATHER CONDITIONS NOTWITHSTANDING 4. 100 MILES/g0 DAY,~ PRIOR R/~;~t~IS BARRING CLAUSE 5. ARTIST shall have corr~ete control over Ihs ~e~vlcee ol his personnel on th~s engagement at~d r~tl~il services. Artlsl executes th~s contrsc~ as art independent eonffl~o~ not Purchee~'! Imployee. ~ II I~lpolllf~/I~r I~lymllll ot 13llyml Ilxl~ un~r federe, I and local [aw. Recorcflng, reproduction or transmilslon o! Artl~t'l~ pedo~ [3 pm*~131tld I~';:'~t~ ~'til~ll tt~ltlth o~,r.~lrlL =BAMMY BOYD ENTF_RTAiNMENT ACTS ONLY AS A BROKER BETWEEN ART~T AN['3 PURGHASER AHO A~,JId~'; Pun:haser in signing this agreement himseff, or by a r~m~en~ve, ict~qowll~g/I hil ~ to ¢1~ I~ ~ ~ Iibi(31ull ~ I~' Ih/IIt~Ulll stated herein. I1 i$ prohibited to make chartgee o! pdne o{ .,~ II lta~d Orl the fll~l et Ihil ~ will result In Arha's righl le receNe 100% o! al moa In ixceee o{ the oHgtnll ~ pice. 'rhll ~ ffi bi gOVlall~113~/~ a a the ~tate ol New Jersey aJ'~d all tsrrns e~d ool~(lllorll IhaJl bi ~rl~oilld Itx3m'(l~lgl~f. Slate of New Jersey, Purchaser agrees Ih, at any brea43h by Purchlee4' o! thil Agreel/l~fl i1~ Irff III1~1'1,'~1111 performance uh(:ler this contract &nd Purcl'~ser II stJbJecl to Iodellure o~ all rnolleyl ~ ~ Illd ~lJe. II le~ [han 45 (forly five) ~:tays notk=s, Pumhaser agrees I0 lo,left d~ Ind Pun=haler v~l, wll~n ~4 ~ owed for the ENTIRE wage (less deposal} as agreed upon above. Attached rldlf II herlby ~ ~ ~ e, dvertlae untU your deposll has been rsceNed. SAMMY BOYD ENTERTAINMENT HA~ THE ~ WlTHClLIT NOTIC[ TO ~ TO FORWARD PART OR ALL OF SAID DEPOSIT TO ARTIST WITHOUT ANY FURTHER O~LI{~ATIOI~ O~ ~ ~ I~IMD O~IT. PURCHASER AGREES TO KEEP ALL MATTERS WITH REGARD TO THIS AGREEMENT ~IOENTIAL A~ID WILL NOT ~ TO ANY INDIVIDUAL, COMPANY, PUBLICATION OR ANY OTHER ENTITY, ANY I:)E'rAII..~ 01~ INFORMATION R~(~4U=~DIN~ ATTENDAN(~ MERCHANDISE SALES, ARTIST'S PERFORMANCE, ARTIST'S WAGE OR ANY OTHER ~EI.4,TED IN~TION PE~ITINENT TO AGREEMENT WITHOUT ARTIST'S WRITTEN PERMISSION. PURCHA~.R HAS REAJ3 A.NO A(~I~EF.~ TO AI. LTI"I~ ~::)RTH IN THIS AGREEMENT. So.rd of ~ Com~' ~ ARTIST: INNER CIRCLE LOURDES HEFL°~ F/S/O INNER CIRCLE/CtI::ICLE ~34JND FED IDI 592180039 C/O SAMMY BOYD ENTERTAINMENT ee BRON:) STREET SUITE C RED BANK, NJ 0'/'701 INNER CIRCLE RIDER RIDER attached to and made part o_-'5' con~'a'act dat~ ~Ft./O, ff'~ ], ~',~ between INNER CIRCLE ,,h, ereinafter Called "Artist" and [~tl}t'~ 040 t~r'~lh:e,r' ff_~ Ojg~O'}. hereinafter called Employer" and / or "Promoter" or "Purchaser". ' - ,,J DATE OF APPEARANCE A. VALIDITY OF CONTRACT This contract shall not bo binding upon the Artist until both this rider and the attached contract are executed by the Artist or authorized representative for the Artist. No other party is authorized to vary this agreement with particular reference ( but within limitations ) to fee, percentage calculation, support act, security, etc. Where conflict or interpretation may exist between and the attached contract, this rider shall prevail in all cases. B. PAYMENT 1) With the signing of this contract, fifty percent ( 50% ) of the total fee due Artist with regard to the performance referred herein, shall be deposited unless otherwise specified on the conuact. numth respect to any engagement that includes compensation on a percenta~~ ber of tickets sold for the performance (s) hereunder: the~ of ticket prices ~ submitted to and approved by Artist in writi~ tickets are _ordered or put on s~chaser agrees to provide a rep~ve of Artist with imm_ediate access tO the box~ prior, during a~~ediately following the ~u~fO~;rS~edp:i.~kse~?p~ar~n'alf~.tesSoh;~erjbue~igned by authorize~e C. BILLING Artist shall receive appropriate la~a,lti,~Billi/lg in all advertising and publicity material. D. TAXES If there is any assessment of taxes by any taxing :authority of the Artist for income earned during the performance (s) referred herein, said taxes shall be paid by the Purchaser. Be it fully understood taxes shall be subtracted from percentage fee earned. and agreed that no deduction in respect of such the guaranteed fee contained herein, or from any 1) The Artist's performance(s) will be approximately ninety (90) minutes each. Where wan'anted, the Artist will perform an encore of no more than fifteen (15 ) minutes unless Artist elects to do more time. Set-up time for the Artist's musicians will be no less than forty-five (45) miniates. Therefore, the act performing immediately prior to the Artist must finish it's performance no less than three ( 3 ) hours prior to the closing time, according to curfew and local building policy or ordinance. Under no circumstances will a Support Act's performance be allowed to curtail or interfere with the Artist's performance. For reasons of' persov, ai s',ffeW and security requirements, Artist will not perform in any Venue if the stage is erected in the center of room, or field, surrounded by the audience. Be it fully understood that it is the Purchaser sole responsibility to ensure the safe and secure conditions at all times for the Artist~ and the Artist is allowed his or her full act including encore, without interruption or curtailment for any reason. 2)' Where Headlining, Artist shall have the sole right to approve all Support Acts on the program. The Artist shall close the show except in instances where the Artist desires a different place on the bill. In any event, Artist's authorized representative must approve to and agree to the Artist's position in the line-up of the bill, at each performance 3) On the day (s) of performance, Artist must be allowed adequate time on the Sound Check roster. Sound Check must take place at the Venue of performance, all teclmical personnel necessary for operation of show including Lighting and Sound Personnel must be presented at the sound check an ali staging and sound and lighting facilities must have been set up and ready, simulating the conditions of a real. performance, qo;,~ ermnrl rk~olr rr~,~* h~, rat~ I~*~ ~h_~r~ *h~'r.~. ~ "I. ~ hrm~'e r.qc~r *r~ r~r~c~nln~ ~,r,h,~ ~ ........ ,,~ ,^ ,h .......~ ,,,,~,U,- After set-up of instruments, Artist must be allowed at least one ( 1 ) hour for a proper sound check. This will not last longer than (90) minutes, at the longest time estimated. Sound Check must be to the Artist's satisfaction. Failure to do a Sound Check will affect performance starting time and ~nooth operation of the show. 4) The Artist reserves-the 5) If any integral member substitute cannot be provided by for a future date without any right to approve any individual introducing the act. of the entourage becomes ill or incapacitated and a Artist or Purchaser, the show will be postponed liability to the Artist and / or his manager. 2 6) In the event of a riot, civil disorder or natural catastrophe which could result in damage to life and property, this contract may be canceled without liability by the Artist and/or Artist's authorized representative. 7) If the Artist is participating in a series of concerts lasting one or more days, Artist and manager are to be facilkated with backstage passes and arena tickets to all performances. Artist's manager is to be allowed an "ALL ACCESS" pass for the security requirements of the Artist while on the premises. 8) Artist may cancel and terminate this contract and the services to be rendered, without liability, on sixty (60) days prior written notice to Employer. 9) Inclement Wea~er - No~5.'_thstanding anything to the contrary contained herein inclement weather shall not be deemed to be a force majeure occurrence and the purchaser shall remain liable for payment of the full contract price even if the performance ( s ) called for herein are prevented by such weather conditions. Artist's representative shall have the sole fight tq determine in good faith weather any such weather conditions shall render the performance ( s ) impossible, hazardous or unsafe. 10) Outdoor Venue- In the event the engagement hereunder is to be performed outdoors, purchaser agrees to provide and pay for adequate stage covering to protect Artist, Artist's crew/members, and their equipment from inclement weather and dangerous conditions resulting therefrom. The foregoing shall apply to, without limitation, all stage areas, mixing console and wiring. Producer shah have the sole right to determine in good faith whether such covering and grounding is adequate. /~/~'---- ~.~ p,Oc/c/r7c,~ P~ v'~/'u~~. The Purchaser must make available two (2) dressing rooms lbr the Artist. These rooms will be used exclusively by the Artist and entourage and will not be shared with any other persons or fellow Artists. 1) One room ( at least 20' X 20' ) is to be allocated to the Artist. A security officer will be stationed outside the door from the time the Artist arrives at the Venue of performance until their entourage vacates the premises. The room must be climate controlled, contain running water with clean basin, shower and toilet facilities with :~.., twelve ( 12 ) towels and a full length mirror. Admittance of others to this room must be approved by the Manager or Tour-Manager. The room must also contain a table with a clean table cloth and adequate seating for twelve (12) persons. Purchaser will provide at their own expense all items listed under section O of this Rider. 2) All rooms are to be locked with a key which will be handed to the Tour-Manager when the Artist. goes on stage. If keys are not available, a security guard must be stationed at every door. G. STAGING AND TECHNICAL REOUIREMENTS Purchaser agrees that the facility will provide to the following specifications: 1) The stage cartr, ot be placed in the center of the audience under any conditions (unless it is the specific design of the facility ). It must be allocated at one en.d 9f the :ofl~ or arena to ensue, strictest security arrangements. The stage shall be-~ wide deep, and at leasf~ high. The stage must be smooth and finn, also evenly finished. Attached to each side shall be sound wing 16' wide x 8'deep. These wings must be parallel to the stage in front and in height. In case of a temporary stage, one set of steps leading up to the stage must be placed at the rear of the stage, or at whichever side the Artist's dressing room is located. 2) Two (2) stage risers are required: DRUMS & KEYBOARDS $'x 8' x 2' high Covered with carpeting and enough black draping to cover sides exposed to the audience. 3) The facility shall be regulated at a temperature of not less than 70 degrees Fahrenheit, and no more than 80 degrees Fahrenheit. 4) A location for mixing the sound must be provided at a distance of 75 to 100 feet in front of stage center. If reserved seating is effective, the Promoter must withhold tickets to make an area 8' wide x 8' deep x 3' high. located as mentioned above. 5) 8 - 6 foot Palm Trees to be placed on stage. H. LIGHT AND SOUND REQUIREMENTS A technical Rider is attached with sound reinforcement and lighting specification. Promoter is to provide at his sole cost: 1) A200 volt single phase service of 200 amps per leg located not more than forty ( 40 ) feet from rear of stage. 2) For sound system and stage amplifiers: a 220 volt single service of 100 amps per leg, located not more than forty (40) feet from the rear of stage. 3) The P.A. System must be a professional state of the art system, and must be able to produce the complete sound spectrum. Artist's music requires EXTRA-HEAVY LOW END capabilities from the house system. It is essential to beef up the iow end if this is lacking. A. The house mixing console should carry at least forty ( 40 ) channels with at least eight ( 8 ) submixes. A forty ( 40 ) channel monitor mix board with at least eight (8) mixes for the stage. House system should, be a minimum of 20,000 watts. 4 FEB :2 2 o00 I B.. Microphone selection should carry Shure SM58's or SM57's, AKG C451 E mikes, Sennheiser 421 PROFIS's, Beyer M88 and Direct Boxes. ( See Microphone chart for further information ). C. Monitors: Eight ( 8 ) individual floor monitors and two slide fills ( on stage). I. SECURITY The Artist consider proper and judicious handling of the security system to be of the utmost importance. 1) The Promoter shall be solely responsible for the hiring of adequate security to protect the .Artist from the audience, the audience from themselves, and those without tickets from entering the facility. Only professional uniformed security personnel maybe employed. The use of violence by security personnel is strictly prohibited and should such a situation arise, it shall be the Promoter's responsibility to evict the guilty parties, and placate the situation. 2) The Artist's manager shall be informed of security arrangements at the time of sound check. The Artist's manager reserves the right to meet with the security personnel, and dismiss those consider unsatisthctory, and ask that they be replaced by the Promoter. 3) The front row of seats shall be at least fifteen ( 15 ) feet from the stage, and two security officers shall be stationed on each side of the stage (in front thereof). They, in addition the Artist's road crew, will prevent any member of the audience from mounting the stage. 4) In addition to the security personnel stationed outside the Artist's dressing room door, the Promoter shall ensure that one ( I ) security guard is placed at the backstage door. It is essential that this individual is courteous and pleasant disposition; the Artist's manager will furnish this officer with a list of those individuals who may go backstage. Anyone without a backstage pass or not on this list will not be allowed backstage. 5) One security guard will be stationed at the foot of the stairs leading directly on stage to assist the Manager in controlling the traffic on and off the stage. 6) All members of the Artist's entourage shall be equipped with identification passes 'and will be treated with the utmost priority and respect. 7) In order that the Artist may present his or her to the best of his or her ability, it is expressly understood that no person (s) be allowed on stage during the performance, except those directly connected with the production of the show. The Artist's Manager reserves final fight in this-manner. FEB 2 2 nno J. PERSONNEL REQUIREMENTS I) Promoter agrees to furnish at his own expense, all stage hands, stage carpenter, electricians, and all laborer~ necessary for the production: all tickets, lights, house programs, all licenses, usher~, tick~c~ sellers, takers, appropriate and sufficient advertising and publicity, including but not limited to bill-posting, circulars, display and principal newspaper advertising; and Promoter shall pay all necessary expenses in connection therewith. Promoter agrees to comply with all regulations and requirement of any national or local union ( s ) that may have jurisdiction over any of the materials, facilities, services and personnel to be furnished by the Purchaser. Purchaser agrees to furnish all. necessary materials and equipment, and to promptly comply with the Artist's Manager's directions to arrange the stage, decor, and setting for the performances hereunder. 2) The Artist shall not be in any way responsible for any delays to the performance caused by disputes, arbitration's, work-stoppages, or slow-downs by any union members or other personnel employed by the Promoter. 3) The Manager of the Artist shall have complete and final control over all aspects of the set-up, operation and tear-down of the Artist's equipment, any and all supporting acts equipment, auxiliary equipment and staging. Supporting acts must be informed of this and instructed to co-ordinate their activities with Artist's Manager. K. PURCHASER'S REPRESENTATIVE Should the purchaser be unable to be present at all times to oversee all the clauses set forth in this Rider, then Purchaser shall appoint a representative' for means of substitution. Said representative shall be given Power of Attorney to act in lieu of the Purchaser. Such representative shall make themselves known to the Artist's Manager upon arrival at the venue of performance. L. EXPLOITATION The Promoter sh~l have the right to exploit the name of the A~ist ~d their band :solely for ~e use of these peffom~ces mfe~ed to herein. A~ist shall not be used to sponsor, or to be joined wi~ ~y co~emi~ product or company, nor shall there be ~y sign, b~er or adveffising matefi~ on or ne~ ~e stage dmng the perfo~ance. I) ~e Promoter agees ~at ~ey ~11 not sell ~y product identified with the Artist or o~er peffo~ers at ~e venue ofpeffo~ce, or ~y adjacent place under their consol, nor will ~ey license ~rd pmies, or in any way pe~it such sales without the ~itten pe~ission of ~e ~st's M~ager. 2) The Promoter agrees that they will not commit the Artist to any personal appearances, interviews, or any type of promotional appearance without the written consent of the Artist's Manager. 3) Purchaser will use only those materials provided by Artist's Representative. Use of other publicity materials witi:out written cm~ent of Artist's Representative will be consider a breach of contract on PURCHASER'S behalf. M. REPRODUCTION 1) There will be no taping, no sound, or video recording, no broadcasting, or other reproduction unless prior written consent is given by the Artist. There will be no interviews or no publicity events before, during or after the engagement unless prior consent is given by the Artist. ~"~,~l..J~event of the Promoter, fils represe~~ audience, eT~.,-~causing to be repr0.~kuoefl~e A~.r.gj~.GrgY'~rmance in the fo sh A ' ave recourse. ' N. BREACH In the event ora substantial breach by the Promoter or any of the conditions herein. the Artist or the Manager may cancel the performance without further liability to the Purchaser. The Purchaser shall be obligated to pay or cause to be paid to the Artist the full contract fee. O. REFRESHMENTS Any provisions which the Promoter may choose to provide for any hall staff, car loaders, etc., must be in addition to the following: The Promoter agrees to provide and pay for, at sole cost, the following refreshments: 1) Twelve (12) liters of fresh bottled spring water. 2) Two (2) gallons of orange juice. 3) Three (3) gallons of Caribbean Splash by Chiquita or equivalent fruit juice. 4) Five (5) dozen large plastic cups. 5) Fruit plate with fresh uncut seasonal fruit. 6) One jar each of Cashews and Peanuts. 7 iAQe;~c~ X~e~ I I FEB 2 2 : nno 7) ~0) 12) 1.3) Raisins. One (I) Cmdite pla~er ~ ~p. One (1) Cheese plaaer ( ~ ~soned cheese). 14) One (1) Turkey platter ( NO PORK OF ANY KIND ). 15) Assorted Herbal Tea plus hot water for tea ( Tea cups and sugar ). 16) One (1) Bottle of Honey. 17) Six (6) cut lemons. 18) Two (2) loafs of wheat bread. 19) One (I) bottle of mayonnaise. 20) A Toaster. 21 ) Plastic plates, forks, knives, and spoons. 22) Whole wheat crackers. 23) Ice Tea (non-caffeine). PURCHASER TO PROVIDE ONE (1) HOT MEAL (WEST INDIAN OR CHINESE) FOR 12 PERSONS OR MAKE PRIOR ARRANGEMENTS TO PROVIDE PERDIEM OR MEAL BUYOUT OF NO LESS THAN $30.00 PER PERSON. (NO PORK OR BEEF, BUT CHICKEN OR FISH OK). ALSO, THREE (3) MEMBERS ARE STRICT VEGETARIANS. P. ACCOMMODATIONS AND TRANSPORTATIONS 1) Accommodations: Ten(10) single rooms to be provide to Artist unless stated otherwise on the face of contract. 2) Purchaser to provide all transportation to and from the hotel and place of . engagement for sound check and the performance using a comfortable passenger van ' ahd/or taxis. Q, TICKETS Purchaser agrees to or Artist Representative make twenty (20) complimentary tickets available to Artist if Artist fees contain percentage provisions. R. MERCHANDISING The Artist and the Artist's designee shall have the exclusive right to sell souvenir programs, T-shins, posters, and any other merchandise bearing the name and or likeness of Inner Circle, as well as any other related items. Purchaser is required to provide a well lit, secure area for merchandise sales. This area shall be in a position that is easily visible to the public using the main entrance. The area shall be provide at no cost to Artist. Artist requires that merchandising agreement between licensed house concessionaires and Artist merchandising designee remain negotiable until a satisfactory agreement can be reached. The Artist rese:ves the right to cancel the engagement if such an agreement is not reached. Any alterations to the above merchandising agreement must be approved in writing by Artist. This Rider constitutes, together with the Contract executed simultaneously herew/th, a copy of which is attached hereto, the entire agreement of the parties hereto concerning the matters referred to herein and supersedes all other prior agreement and understanding, whether oral or written, among the parties or any of them with respect to the matter referred to herein. This Rider and the Contract to be executed simultaneously herewith may be amended, modified, superseded, canceled, renewed or extended, and the terms or covenants hereof may be waived, only by written instruments executed by Artists or Artist's Manager. No waiver by any party, of the breach of any term or covenant contained in this Rider, whether by conduct or otherwise, in one or more instances. shall be deemed to be, or construed as, a furtherance or continuing contained herein. Dated: AGREED AND ACCEPTED Board of CalI~ County For and on behalf of Artist DATE 9 lrRONT OF HOU$£ ! YAMAHA PM 4000 40 CHAIqNEL BOARD OR 1. GAMBLE 3~ C-FL&NNEL BOARD ! ~~ ~3000 2 Y~ SPX 90'S 2 Y~ SPX ~0'S 2 Y~ SPX 1000'S ~ C~ELS CO~S~ C DBX 160 OR~ ~IQ~ QU~) 8 C~~ ~OISE GA~S( D~R DS 201 OR ~ ~Q~ QUAD) 2 L~CON PCM 90 Z ~CON ~M 42 ' FRONT OF HOUSE SPEAKERS 12 PAW KF 8f0 12 EAW SB $$0 MONITORS. I RAMSA W'R.S 840 40 CEA.NN£L BOARD OP. 1 CREST CENTURY 40 CE. ANN'EL BOARD 12 [CLARK TECKI~rlQLTE DN 360 EQ'S MONITOR W£DGI~S 12 EAW SM 222 WEDGES $[D£1~LLS 2 EAW SR.~0 PER SIDE ! EAW IC~ 850 PER SI~E DRUMF[LL I EAW K~ 8~o .2: FEB ~ ;~ 2~]t]~1 INNER CIRCLE UGHTING SPEC STAGE 4 GENIE UFT~ 76 PAR 6& L~MP~ 12 ACL STRIN~ 14' 'INTELLAIF. AM~ 2 ~MQKE ~INES 6' S~OIE U~ FOH 2 SPO1'LIGH*r~ FRONT'TRUs~ (F~SmONED 5 FEET OFF THE 40' THOM~ PRE~,IG 2 GENIE UFTS 44 PAR 64. LAMPS 4 ACL SRTRING$ 3. INTELLABEAMS- 4.8 LITE MOLEFAYS 2 STROBE UGHT~ EDGE) REAR TRU~ (POSITION! 4~' THOMA PRE-RIG 2. GENIE.UFTS 32 PAI~ 64 4 ~CL 3 I'NTELLABI 2 STROBE 24' UPTSTAGE OF FRONT MUSS) CENTER 32' 2 4 FRONT AND REAR TRUSSES AT CENTER) ( LEFT AND RIGHT UPSTAGFE END UNDE~HUNG F~OM THE REAR TRUSS DOWNSTAGE END TO RE,ST ONSTAGE) 32' THOMA PRE-RIG 2 ACL SIrI'RINGS 2 INTELL~I~EAM$ ON STAGE ............ 4 a LITE MOLEFAYs WITH COLOR CNAGERS (UPSTAGE UNDEr~ BACKTr~USS~ 2 SMOKE MACHINE1 2 SRTROBE UGHT~ FEB -- ~' STAGE PLOT AND INP~ LIST N°'m: NuMa~ 0 ~ TEn ~'AOn CO~n~h'~ TO 'n~ n~F~rr DZO~' ~,on, a's ...,. INNER CIRCLE BACKLINE EQUIPMENT RIDER DRUMS SlX ( 6 ) PI£Cg $ONOit (DE.~IGNER S~)~ YAMAHA ~g PEA~ DRUM ~IT TO ~CLUDE: O~ ( 1 ) 20" ~ 22" KiCK TWO'( 1 ) I i" PICO~ ~ARES ONE ( ~ ) ~CH: 8",10", & ]2" RACK TOMS O~ ( ~ ) 16" ~L~R TOM S~ ( 6 ) CYMBAL BOOM STA~S ~O ( 1 ) SNARE STANDS O~ ( t ) ~-~T ~TAND ALL APPROPRiA~ HARDWARE AND ro~ ~OUN~ EXECUTIVE SUMMARY AWARD OF BID 99-3021, "VENDING MACHINE SERVICES" Objective: To have the Board award Bid 99-3021, a contract to provide vending machine services to Collier County facilities for fiscal year 99-00. Consideration:. Bid 99-3021 was posted on December 29, 1999 with invitations to bid sent to 15 vendors. Only three vendors submitted bids; Naples Vending, Inc., Marquis Enterprises, Inc. and Lance, Inc. Staff has reviewed the bids received and recommends award to Naples Vending, Inc. Fiscal Impact: Thirty-five percent of vending machine proceeds will be remitted to Collier County. Growth Management: None Recommendation: Prepared by: /"~viewed and proved by: That the Board of County Commissioners award Bid 99-3021 to Naples Vending, Inc. jJg/mes Fitzek, Operations~Vlanager Ct)epartment of Parks and Recreation - t~"//,~ ,/~~ Date: Marla Ramsey, D~rector~j Department of Parks and R~creation Reviewed and '"' ' "- Approved by: ~'~ , ~ Steve Carnell, Director Department of Purchasing Date: ~ lto (c,o Reviewed and Approved by: \ ~--.~ ~-~~/ Thomas W. Olliff, Adrh~tor Division of Public Services Date: FEB 2 _/ ?Orl 'Agen & ! FEB-2 ~ ?OOO APPROVAL OF /~-~EAGUE, INC. EXECUTIVE SUMMARY A LEASE AGREEMENT WITH GOLDEN GATE AMERICAN LITTLE OBJECTIVE: Approval of a Lease Agreement between Collier County ("County") and Golden Gate American Little League, Inc. for use of a portion of Max Hasse Community Park. coNSIDERATION: The Parks and Recreation Department has requested that a Lease Agreement be prepared for the Golden Gate American Little League, Inc. ("Little League") to utilize a portion of the Max Hasse Community Park ("Park") for the purpose of conducting Little League activities. The Lease term shall commence five (5) years upon the execution of the Lease by the County. The Lease provides for two (2) renewal terms of five (5) years each. The County shall be allowed to terminate the lease with or without cause by providing thirty (30) day written notice to the Little League. The annual rent shall be Ten Dollars ($10.00). The Little League is required to provide the County with the appropriate insurance policy as outlined in the Lease Agreement. The attached Lease Agreement was reviewed by the Parks and Recreation Department, the Office of the County Attorney, the Risk Management Department and the Public Services Administrator. FISCAL IMPACT: The annual rent ofTen Dollars ($10.00) shall be deposited into the following account: /"'q:und: 111 ~'ost Center: 156341 Object Code: 366900 (MSTD General Fund) (Recreation Programs) (Contributions Private Source) GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Golden Gate American Little League, Inc. and authorize its Chairman to execute same. SUBMITTED BY: DATE: Michael H. Dowling, Specialist III, Real Property Management Department Marla Ramsey~ Director//Parks and Recreation Department Thomas W. Olliff, A(~nli~tor, Public Services Division FEB 2 2 lag o~ Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~ day of , 2000, between ~IER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LESSOR", whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, and Golden Gate American Little League, Inc., a Florida not-for-profit corporation, hereinafter referred to as "LF~SBE", whose mailing address is 263 Silverado Drive, Naples, Florida 34119, sets forth the terms and conditions for utilizing a portion of the property located at the Max Hassc Community Park on Golden Gate Boulevard, Naples, Florid~ WITNESSETH In consideration of the mutual covenants contained herein, and oth~ ~r.l~le consageration, the parties agree as follows: ARTICLE 1. Demised Prerrlises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Promises", situated in the County of Collier and the State of Florida, for the sole purpose of operating Little League activities to include batting cage, pitching wall and storage building for ~quipment. ARTICLE 2. ~ LESSEE shall have and hold the Demised Premise for a te~ of five (5) years, commencing upon thc execution of this Lease by both LESSEE and LESSOR, and expiring five (5) years from said date. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for two (2) additional terms of five (5) years, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than sixty (60) days prior to the expiration of the l"~"~,old estate hereby created. Said notice shall become effective upon placement of the notice in an official tory of the United States Post Office, Registered or Certified Mail, postage prepaid. LESSOR may terminate this Lease, with or without cause, upon thirty (30) day prior written notice to the LESSEE. Said notice shall be sent to the LESSEE'S address, as set forth in this Lease, and shall become effective upon placement of said notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay an annual rent of Ten Dollars ($10.00) for the Demised Premises. The annual rent shall be paid in full for the Lease term at the time in which this Lease is executed and in full for the term in which it is renewed. ARTICLE 4. LESSEE'S Default in Payment In the event LESSEE fails to pay said'rent as rexluired to be paid under the provisions of this Lease, failure to pay shall constitute a default and LESSOR may, at its option, termln~te this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period. ARTICLE 5. LESSEE'S Access to Demised Premises LESSEE shall comply with all Parks and Recreation Rules and Regulations in existence during the texm of this Lease, or any renewal thereof, including, without limitation, County Ordinance No. 7648 or its successor ordinance. Prior to the execution of this Lease and upon mnendment of the current Rules and Regulations, LESSOR shall provide to LESSEE by written notice a copy of the Rules and Regulations thlm in effect. After receipt of said notice, LESSEE'S failure to comply with the current Rules and Regulations shall 9*"-"~te a default pursuant to the terms of this Lease. LESSOR is under no obligation to permit the use by LESSEE of the entire Max Hasse Community Park parcel for public scheduled events. If LESSEE so desires, it may by written request, spply to the LESSOR for permission to use the entire parcel for any special events. Ag.entl! FEB 2 2 ?000 ARTICLE 6. Modifications to Demised Premises LESSOR shall not be required to make any alterations, rebuilaings, rgPlae, enl~lt~, Chunges, additions, improvements or repairs during the term of this Lease. LESSEE shall be allowed to make improvements to the Demi~xl Premises, if only, prior to making any changes, alterations, additions or improvements to the Demised ~, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S 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 ~uch project. LESSOR or its designees will then have ninety (90) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not ~onably withhold its' consent to required or appropriate ch .anges, alterations, additions or improvements proposed by LESSEE. If after ninety (90) 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 of LF_.~SEE. If upon obtaining written consent and commencing said changes, alterations, additions, or improvements, LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alterations or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project and by LESSOR'S completion of the proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. LESSEE covenants and agrees in connections 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; ordinance, vales, regulations, and requirements of the United States of America, State of Florida, Co'&'~ty ofCclZ~, v.,,d any a.-.d 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 propexty of LESSOR and shall remain for the benefit of LESSOR at the end ofthe terms or other expiration termination of this Leame in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage ocoasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removal 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 any purpose other than that described above. ARTICLE 7. LESSOR'S Right to Access Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right 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 making such repairs or janitorial service provided therein, and for the purposes of inspection of compliance with the provision of this Lease. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without tk~ writtev ?~nsent of LFe,gSOR. If LESSEE assigns or sublets without the consent of LESSOR, the LESSEE ~h~l! not be relieved fxom liability for payment of rent or other sums herein provided or fi'om the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person flmll not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demir~cl Premises. FEB 2 2 2000 Pg · ..-~..... ARTICLE 9. Maintenance LESSEE shall be responsible for ail gardening and outdoor maintenance related to the Demised Premises. ~e LESSEE, at its' sole cost, shall repair ail damage to the Demised Premises caused by LESSEE, its .,,ecs, agents, independent contractors, guests, invitees, licensees, or patrons. The LESSEE, at its' sole cost, shall remove from the Demised Premises in accordance with ail applicable rules, laws and regulations, all solid, liquid, semisolid and gaseo~ trash and wsste and refuse of any nature whatsoever which might accumulate and arise from the operations of LESSEE'S operations. ARTICLE 10. Insurance LESSEE shall provide and maintain general liability and property liability inmmmce policy(ies), ~ipproved by the Collier County Risk Management Department, for not less than Five Hundred Thou~ad Dollars and No Cents ($500,000.00) combined single limits during the term of this Lease. ha addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering ail employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Such insurance policy(les) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Real Property Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building (aka Administration Building), Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shail include a provision requiring ten (10) days prior written notice to the Collier County Risk Management Department eye Collier County Real Property Management Department at the aforementioned address in the event of cancellation or changes in policy(les) coverage. LESSEE shall also maintain, at its own expense, insurance on the Demised Premises insuring against damage by fire and other risks customarily comprehended by the term Nextended coverage" in endorsements to fire in,__.surance policies in an amount not less than the replacement cost of the improvements on the Demised Pr ~. AR~I'ICLE 11. Indemnity LESSEE, in consideration of Ten Dollars ($I0.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or othenvise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attorneys' fees and disbursement~ 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) LESSEE'S use of the Demiserl, Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOP,, its eml~:,~yees~, agents ,::' contractors) by ~r on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. Provided however, the LESSEE shall not be required to indemnify LESSOR in the event any such injury, death, or damage is the direct or indirect result of the negligence or willfial misconduct of the LESSOR or its' employees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. Thc LESSOR shail not be liable for any injury or damage to per~n or property caused by the clements or by other persons in the Demised Premises, 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 in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any pr~"'"', occurring on the Demised Premises or any pan thereof, and the LESSEE agrees to hold the LESSOR ha from any claims for damages, except where such damage or injury is the result of the gross negligence or wrmhl misconduct of the LESSOR or its' employees. FEB 2 2 2OO0 t=g o-.~~ ARTICLE 12. Utilities Restroom facilities shall be provided to LESSEE by LESSOR. LF~sr2R .qmll no; b~ required to furnish LESSEE any facilities or services of any kind whatsoever during the term of this Lease, such as, but not limited to, water, electricity, light and power, gardening and outdoor maintenance. ARTICLE 13. ~ Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, tenninat~ this Loa~ ~ thirty (30) clays written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 13, L12SSOR, in addition to any other rights and remedies it may have, shall have the immediate right to r~-enter and remove all persons and property fi.om the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold imerest of the LESSEE, and not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law. ARTICLE 14. ~ LESSOR shall in no event be charged with default in the performance of any of its' obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) at~er notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 15. 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 Management Dept. 3301 Tamiami Trail East W. Harmon Turner Building (aka) Admin/stration Building Naples, Florida 34112 cc: Office of the County Attorney Parks and Recreation Director LESSEE: Golden Gate American Little League, In¢, 263 Silverado Drive Naples, Florida 34119 Attention: President ARTICLE 16. Surrender of Premiges LESSEE shall remove any improvernen~ completed by LESSEE prior to the expiration of this L~ase and ~ deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not ed upon expiration of this Lease, or its' earlier termination as herein provided, broom clean and in as good · .don and repair as the same shall be at the commencement of the ~ 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 clements beyond LESSEB'S control excepted. ARTICLE 17. General Provisions LESSEE fully understands that thc police and law enforcement security protection provided by law enfomement agencies for the above-referenced Demised Premises is limited to that provided to. any other b~iness or agency situated in Collier County, and aclmowledge~ that any ~pecial security mea~es~ deemed necessary for additional protection of the Demised Premises shall be the ~ole re.~ponsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. - LESSEE expressly agrees for itself, its' successor and assigns, to refrain fi.om any usc of the Demised Premises which would interfere with or adversely affect the operation or maintemmee of LESSOR'S standard operations where other operations share common facilities. LESSEE fully understands that LESSOR has no obligation to provide resei-ved parking for LESSEE or its' invitees at the Demised Premises. LESSEE agrees to make Demised Premises available to the general public when not utilized by LESSEE, its' members or invitees. If the Demised Premises is utilized by the general public, the LESSOR agrees to make required repairs necessary to the Demised Premises due to damage ean~ed by the general public use, except for damage caused by invitees and licensee of LESSEE. Rights not specifically granted thc LESSEE by this Lease are hereby reserved to the LESSOR. LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to thc creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. (d) The sale and/or consumption of alcoholic beverages shall be prohibited on the Demised Premises. ARTICLE 18. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, fi.om and against all costs (including attorneys' fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, ~tate, local or common law relating to pollution or protection of the environment. ARTICLE 19. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it ha~ aceumulatad in a building in sufficicnt quantifies, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been fotmd in buildings in Florida. Additional information regarding radon and radon testing may be obtained fi.om your county public health unit. ARTICLE 20. ~ dl persons to whom these presents may come are put upon notice of the fact that the interest of the L'~,aOR 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 fi.om attaching to or becoming a lien on I I FEB 2 2 ~000 the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ~'~CLE 21. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 22. ~ This Lease shall be governed and construed in accordance with the laws ct'the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY ii. CONS'~. INE, Chairman AS TO LESSEE: · 'D: WITNESS (signature) (prim name) WITNESS (signature) (print name) GOLDEN GATE AIVlERICAL LITTLE LEAGUE, INC. a Florida not-for-profit corporation BY: , President Approved as to form and legal sufficiency: e~Robert N. Zachary Assistant County Attorney Agend~ ~tep , FEB 2 2. 0- - 00 P'O- ~ ~ EXECUTIVE SUMMARY APPROVAL OF A LIMITED USE LICENSE AGREEMENT WITH NICAEA ACADEMY, INC. FOR USE OF COUNTY-OWNED VACANT LAND IN ORDER TO HOLD ACTIVITIES FOR A FESTIVAL. ~.sI~7.I.13~: Approval of a Limited Use License Agreement ("Agreement") between Collier County and Nicaea Academy, Inc., ("Academy") for use of County-owned vacant land in order to hold activities for the Academy's Children's Festival. CONSIDERATION: The Academy wishes to utilize the County site located west of the Golden Gate Community Center for a camival/fundraiser known as the Children's Festival. All proceeds from the event shall benefit the Academy's fund for the future development of approximately one hundred and seventeen (117) acres to include a high school and wildlife preserve whereby benefiting the residents of Collier County in education and land preservation. The carnival shall be held on March 31, 2000 and April 1, 2000. The Academy shall be allowed to place a sign advertising the event on the subject property no earlier than March 11, 2000. The Lease includes additional days from the actual dates of the event in order to set-up and tear-down the event. The Academy has posted a Five Hundred Dollar ($500.00) bond with the Real Property Management Department in order to ensure that the property is cleaned properly following the event. The Academy has also provided Collier County with the required insurance policy as stated in the Agreement. The Academy is aware that it has to apply for all necessary permits in order to conduct such an event. The Risk Management Department, the Parks and Recreation Department, Public Services Administrator and the Office of the County Attorney have reviewed the Limited Use License Agreement. FISCAL IMPACT: None GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners review and approve the attached Limited Use License Agreement between Collier County and Nicaea Academy, Inc., for purposes of allowing the Academy to hold their Children's Festival on County-owned property. SUBMITTED BY.'~'c-~'c-°-~'~ ~~ DATE: o~. j~.,,o ~o ~VIichael H. Dowling, Specie, l), e~ Property Management Department APPROVED B~: [ .. DATE: Thor~'W'~ 611i~'f,"'P'~ubli~iees Division Administrator FEB2 2 2000 | Agreement # __ LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND NICAEA ACADEMY, INC., APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR A CARNIVAL This Limited Use License Agreement ente~n~d into this day of , 2000 by and between the Board of County Commissioner~, Collier County, Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board", and Nicaea Acad~ny, Inc., a Florida non-profit corporation, whose mailing address is 2200 Santa Ba.~oara Boulevard, Naples, Florida 34116, hereinafter referred to as "Academy". r WHEREAS, the Academy requests the use of County-owned land for the purpose of sponsoring a carnival known as The Naples Children's Festival, which shall be held on March 31, 2000 from 5:00 p.m. to 10:30 p.m. and on April 1, 2000 from 12:00 p.m. to 10:30 p.m. in which the proceeds generated will go towards the Academy's fired for the future development of approximately one hundred and seventeen (117) acres to include a high school and wildlife preserve whereby benefiting the residents of Collier County in education and land pr. eservation. The Academy shall be allo~,,ed to enter upon the Property on March 28, 2000 in order to prepare for the carnival and occupy the Property until April 3, 2000 in order to tear-down the carnival. "' WHEREAS,. the Board is willing to approve the use of County-owned land for Such purposes; NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: The Board herein approves the use of County-owned property identified az that portion of Tract .5, Golden Gate Subdivision, Unit 4, as recorded in Plat Book 5, Page 109, of-the Public Records of Collier County, Florida, which lies west of the Golden Gate Community Center on Golden Gate Parkway and east of the Golden Gate Emergency Services Complex, as shown on Exlxibit "A", attached hereto and made a part hereof, and hereinafter referred to as "Property", for the purpose of conducting a fundraiser carnival. 2. The approval of the use of the Property by the Academy shall extend from March 28, 2000 through and including April 3, 2000. The Academy shall be permitted to erect signs advertising the event prior to the aforementioned dates but not prior to March 11, 2000. 3. The Academy shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of such an event, such responsibility not being limited to trash collection and clean-up of the Property. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Academy shall acquire any and all permits, including ~but not limited to sign permits, required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Academy shall post a Five Hundred Dollar ($500.00) cash bond with the Real Prol~n'ty Management Department, 3301 East Tamiarni Trail, Administration Building, 8"' Floor, Naples, Florida, 34112, by March 21, 2000, to ensure adequate clean-up of the prol:~'rty at the t~rmination of this Limited Use License Agreement. It is und~stood and agr~.xl that this bond is not intended to replace Academy's obligation to clean up the Property at the completion of its activities under this Limited Use License Agr~ment. The Real Property Management I)epartment shall return such bond to Academy if said Property is cleaned up in a timely and proper manner as required herein. 5. Prior to making any changes, alterations, additions or improvements to the Prop~ty, the /,~..ademy will provide to Board, in writing, all proposals and plans for alterations, improvements, ~ges or additions to the Property. The Academy covenants and agrees in connection with any atenance, repair work, erection, construction, improvement, addition or alteration of any authorized 'modifications, additions or improvement~ to the Property, to observe and comply with all present and future laws, ordinances, roles, 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 the Property shall, at once, when made or installed, be deemed as attached to the fi'eehold and to have become the property of Collier County and shall r~nain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were installed, reasonable wear and tear excepted; provided, however, if Board so directs, thc Academy shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property by the Academy, and repair any damage caused to the Prop~ty by such removal. 6. The Academy shall provide and maintain general liability insurance policy(ies), approved by the Collier County Risk Manager, for not leas than One Million Dollars ($1,000,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Real Property Management Department, 3301 East Tamiami Trail, Administration Building, 8* Floor, Naples, Florida, 34112, for approval prior to March 21, 1999; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Manager in the event of cancellation. 7. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Real Property Management Department. 8. The Academy agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida and their agents and employees, from any claim~, assertions or causes of action for any loss, injury or damage to persons or property arising fron~ or associated with the Academy's activities or use of the Prbperty. The Academy further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any cost~; expenses or fees, including attorneys' fees, arising from any claims or cause of action for loss, 'injury or damage to persons or property arising fi.om or associated with the Academy's activities or ns~ of the Property. 9. The Academy covenants and agrees not to assign this Limited Use License Agreement or to permit any other persons to occupy same without the written consent of Board. I0. The Board reserves the right to cancel and/or reschedule any or all of the above-described activities, scheduled for any or all of the :,bove-listed days, upon 15 days written notice, to the address set forth in this Agreement, to the Academy of Board's intent to reschedule and/or cancel. 11. Any notice to be given by either party to the other pursuant to the provisions of this Agreement shall be in writing and shall be placed in an official depository of the Uniled States Post Office, Registered or Certified Mail, Return Receipt Requestcnt, postage prepaid, addressed to the party for whom it is intended to the address stated above or at an address either party may have d~signated in writing. 12. The Board and Academy specifically agree that this Agreement represents a license for the Academy's use of the Property and does not convey any estate in the Prop,,ri't3, or create any interest whatsoever. 13. The Academy represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to a septic system on the Property. 14. The Academy shall be responsible for paying all sales rexes, if applicable, and all other taxes and charges associated with or resulting from the holding of this event. 15. The sale and consumption of alcoholic beverages shall be prohibited on the Property during this ~vent. 16. This Agreement shall become effective upon execution by both the County and the Academy. 17. This Agremnent is governed and consmaed 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. ?0 THE ACADEMY: ~^~: , S~retary ~~~Jxii-t" - ' ~)x,.;o~' AS TO THE BOARD: ATTEST: DWIGHT E. BROCK, Clerk ACADEMY: NICAEA ACADEMY, INC. A not-for-p,~--Florida eorpora~ Print or type name <~_r~~ Vice-Provident BOARD: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TIMOTHY J. CONSTANTINE, Chairman .~lproved as to form '~'ency: "Robert Zachary Assistant County Attorney 'xx EXIIIDIT "~" Pass I of I U~LLLLLLU ! ! I! I; EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT WITH CPOC REALTY, L.L.C. FOR WAREHOUSE SPACE TO '/~" E USED BY THE LIBRARY DEPARTMENT. ~]~uI~.,.C.,.T]3~: Approval of a Lease Agreement with CPOC Realty, L.L.C. for warehouse space to be used by the Library Department. CONSIDERATION: The Library Department is in need of a temporary space in order to receive and process books for the proposed Regional Library. The Regional Library will be located at the current Domestic Animal Services property, on Airport Road, at Orange Blossom Drive. The anticipated completion date for the Library shall be Fall of 2001. A warehouse space on Horseshoe Drive has been located for this use. The Library Department has requested a February 25, 2000, occupancy. The warehouse is approximately Fifteen Hundred (1,500) square feet and requires no improvements. The Lease term shall be for one (1) year with a provision to renew on a month-to-month basis following the first year of occupancy. The annual rent shall be Nine Thousand Seven Hundred Fifty Dollars ($9,750.00) to be paid in monthly installments of Eight Hundred Twelve Dollars and Fifty Cents ($812.50). After the fu'st year of occupancy, the Lessor requests the rent to be increased by four percent (4%) per each year should the County renew the Lease. In addition to the rent, monthly Common Area Maintenance charges shall be One Hundred Eighty-seven Dollars and Fifty Cents ($187.50). The County shall pay for janitorial services and utility charges (telephone, electricity and air-conditioning). Due to the requested occupancy date, and since the Lease Agreement is in the process of being reviewed by the ,~--~essor, staff is requesting that the Board of County Commissioners approve the attached Lease Agreement and thorize its Chairman to execute the Agreement at a later date, following final review and approval by the Office of me County Attorney. FISCAL IMPACT: The annual rent of Nine Thousand Seven Hundred Fifty Dollars ($9,750.00) to be paid in monthly installments of Eight Hundred Twelve Dollars and Fifty Cents ($812.50) in addition to the monthly Common Area Maintenance charges of One Hundred Eighty-seven Dollars and Fifty Cents ($187.50) shall be withdrawn from the following account: Library System Impact Fee, North Regional Library. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners authorize the leasing of the warehouse space for the Library Department, authorize its Chairman to execute the Lease Agreement following final review and approve by .the Office of the County Attorney and approve ~_..~.~ and all Budget Amendments required for payments. SUBMITTED B ~ DATE: ~ . ~ r.J ' Michael H. Dowling, Specialis It~, Real P~ Management Department REVIEWED BY:~~'t~ ,'~' %'~-~. .~ ~~'~(~ DATE: ~l~laHlyn Matthes, Assista Din~_~r, Lib~ Department ~ ~' }PPROVE]~~~~~~ ~ Thorhas W. Olliff, Adh~ator, Public Services Division DATE: ~'-!~ ~ FEB 2 2000 _ LEASE AGREEMENT Le~e # THIS LEASE AGREEMENT entered into this ~ day of ,2000, between CPOC Realty, L.L.C., a Delaware Limited Liability Company, whose mailing address is First Financial Plaza, 411 Hamilton Boulevard, Peoria, Illinois 61602, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Suite 800, 2960 South Horseshoe Drive, Naples, Florida, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. ~ LESSEE shall have and hold the Demised Premises for one (1) year commencing February 15, 2000, and terminating February 14, 2001. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same on a month-to-month basis, for a total of one (1) year, under the terms and conditions as .~--ovided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than ~y (30) days prior to the expiration of the leasehold estate hereby created or the one (1) year renewal .Jod then in effect. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. l~ent and Other Charges LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Nine Thousand Seven Hundred Filly Dollars ($9,750.00) to be paid in equal monthly installments of Eight Hundred Twelve Dollars and Fifty Cents ($812.50). Following the end of the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms thereof. In addition to the monthly rent, LESSEE shall be responsible for Common Area Maintenance charges ("CAM") to be paid monthly in the amount of One Hundred Eighty-seven Dollars and Fifty Cents ($187.50). This amount shall be effective until December 31, 2000. If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall provide LESSEE with written notice of same thirty (30) days after the new calendar year advising of the new charges for each year of the Lease and for any renewals thereto. At no time shall any annual CAM increase be greater than five (5) percent from the previous year's CAM. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terms of this I.,e~e shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (I/30th) of the monthly rental multiplied by the number of rental days of such fractional month. LESSEE shall pay for janitorial service, electricity and telephone pertaining to the Demised /,~mises. All other charges related to the operation of the Demised Premises shall be the ~nsibility of the LESSOR, including, but not limited to, the air-conditioning system and ils ,tenance. ARTICLE 4. Modifications to Demised Premises Prior to making any other changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR ali proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S 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 thirty (30) 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 after 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 an approval to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, e~etion, 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 installed by LESSEE shall remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days therea~eter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Assi_mm~ent and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. However, LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE. ARTICLE 7. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and ali claims arising from LESSEE'S use of the Premises, or fi'om the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents, employees, guest or invitees. ~If any action or proceeding is brought agaiast LESSOR by reason of such claim, LESSEE, upon nofic~ from LESSOR, shall defend the same at LESSEE'S expense by counsel reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised F,~nfises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or fi'om the conduct of its business, or fxom any activity, or work done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall further indemnify and hold LESSEE harmless against and fi'om any and all claims '"- ~ng from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice ~om LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 8. ~ LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 9. I2t,~lLb.'~I~ 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 thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 10. ]2r,2~.,t~I LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 'ICLE 11. 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: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. Administration Building 3301 Tamiami Trail East Naples, Florida 34112 LESSOR: CPCO Realty, L.L.C. First Financial Plaza 411 Hamilton Boulevard P~oria, Illinois 61602 cc: Office of the County Attorney Library Department Director ARTICLE 12. Surrender of Premises cc: Welsh Companies S.E., (Agent for Lessor) 2400 Ninth Street North, Suite 101 Naples, Florida 34103 LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, 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 excepted. ARTICLE 13. ~ LESSEE expressly agrees for itself, its successor and assigns, to refi'ain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of ?--~SOR'S standard operations where other operations share common facilities. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the roles or regulations of any public authority. ARTICLE 14. Radon Gas In compliance with 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 information regarding radon and radon testing may be obtained from Collier County Public Health Department. ARTICLE 15. ~ This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 16. ~ This Lease Agreement 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 LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE, Chairman AS TO THE LESSOR: DATED: ATTEST: CPOC REALTY, L.L.C. a Delaware Limited Liability Company WITNESS (signature) Print Name WITNESS (signature) Print Name BY: Joseph J. Dobosh, Vice President Approved as to form and legal sufficiency: ~Robert N. Zachary Assistant County Attorney EXECUTIVE SUMMARY AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT BETWEEN COLLIER COUNTY AND BAY COLONY - GATEWAY, INC. (BCG) FOR AN EXCHANGE OF PROPERTY, CONSTRUCTION OF A NEW AND ADDITIONAL BEACH PARKING SPACES AT THE AREA COMMONLY KNOWN AS THE SEAGATE BEACH PARK AND NAPLES CAY OBJECTIVE: To provide a new beach parking lot that provides an additional 14 beach parking spaces for the public. CONSIDERATIONS: BCG is now the developer of the remaining parcels or property known as Naples Cay. The project is directly adjacent to the current County-owned beach parking lot that supports the Seagate Beach Park. The Board was previously approached and approved in concept a proposed agreement wherein the County would trade properties with BCG that would accommodate the revised development plan for the Naples Cay project. In return the County would receive a larger parcel of land, and BCG would also construct a new beach parking lot upon which a minimum of 38 beach parking spaces would be constructed, versus the 24 that exist today. Finally, BCG, it's successors and assigns as part of the agreement have agreed to provide at no cost to the County the water to irrigate the landscaping that will be associated with the parking lot and a water fountain that will be available for the public. The agreement has been reviewed and approved as to legal form and sufficiency by the County Attomey Office and has been reviewed by the Real Property Department as well. FISCAL IMPACT: All costs associated with the construction of the new lot will be born by BCG. Although no final design plans or actual construction cost estimates have been developed to date, the estimated cost of the parking lot design, permitting and construction is expected to be in excess of $50,000. Outside of the already budgeted staff time for the development of the agreement, and review of construction documents and the actual construction there is no direct cost to the County associated with this agreement. GROW'FH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this agreement. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairman to execute the agreement shown between Collier County and Bay Colony-Gateway, Inc. for a property swap, and the construction ora new and expanded beach parking lot. prepared b~"-"~~~[~ Thomas VV'.-(~lii~, P~-blic Se~dministrator FEB 2 2 2000 RELOCATION AND CONSTRUCTION AGREEMENT THIS RELOCATION AND CONSTRUCTION AGREEMENT (hereinafter referred to as "Agreement") is made and entered into by and between BAY COLONY - GATEWAY, INC., a Florida Corporation (hereinafter referred to as "BCG'), whose mailing address is 24301 Walden Center Drive, Suite 300, Bonita Springs, Florida 34134 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County") whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112; WHEREAS, County is owner of that perpetual, non-exclusive parking easement, dated November 3, 1988, conveyed by Naples Cay Master Association, Inc. and recorded in Official Record Book 1411, Page 1013, of the Public Records of Collier County, Florida, better described in Exhibit "A" (hereinafter referred to as the "existing parking lot"), which is attached hereto and made a part of this Agreement; and WHEREAS, Naples Cay Master Association, Inc. (the "Association") is now controlled by BCG; and WHEREAS, the existing parking lot provides for twenty four (24) motor vehicle parking spaces and the County has access to that property pursuant to a perpetual, non-exclusive ingress and egress easement recorded in Official Record Book 1411, Page 1013 of the Public Records of Collier County, Florida; and WHEREAS, BCG is requesting fee simple title to the existing parking lot for purposes of constructing an approved residential community project; and WHEREAS, BCG desires to COnvey to the County a replacement parking lot on that land, (hereinafter referred to as the "replacement parking lot") described in Exhibit "B", which is attached and made a part of this Agreement; and WHEREAS, the replacement parking lot shall provide a minimum of thirty-eight (38) motor vehicle parking spaces for the public's uses related to access to the County beach; and WHEREAS, County agrees it is in the public's best interests to exchange the existing parking lot for the replacement parking lot. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. BCG shall, at its sole cost and expense, replace the existing County parking lot by constructing a new parking lot on land currently owned and controlled by BCG, which will serve as the replacement parking lot. When completed, the replacement parking lot shall have not less than thirty-eight (38) motor vehicle parking spaces and, at a minimum, shall be built to the current standards for existing County beach parking facilities. All construction, landscaping and signage shall be built and/or installed by BCG in accordance with plans to be submitted to and approved by the County. 2. BCG, at no cost to County, shall construct the replacement parking lot in two (2) phases. Phase I shall provide for the construction of twenty-four (24) parking spaces at the replacement parking lot. The County's existing parking lot shall remain fully functional until the Phase I replacement parking lot becomes fully functional. This shall occur and be prerequisite to the commencement of construction of BCG's planned residential project. Phase II shall provide for the construction of the additional fourteen (14) parking spaces and should be completed within six (6) months of BCG's receipt of a final Certificate of Occupancy for BCG's planned residential tower. 3. BCG, at no cost to County, shall landscape and install appropriate sigr pavement markings for both phases of the replacement parking lot. BCG, it or assigns, shall provide or shall cause the Association to provide, in perpetui age aC~E~D~ ITEM ~y, water Page 2 that shall serve the irrigation system for the landscaping to be planted within the replacement parking lot. BCG shall maintain both phases of the replacement parking lot until such time as a final Certificate of Occupancy is obtained for BCG's final residential community project, currently known as "The Seasons at Naples Cay." Landscape and general maintenance shall be provided to a level equivalent or better than that of other BCG properties. Upon receipt of the final Certificate of Occupancy, the County shall assume perpetual maintenance of the replacement parking lot. 4. BCG, at its sole cost and expense, shall install a potable water drinking fountain within the replacement parking lot to serve the public. BCG shall provide, or cause the Association to provide, in perpetuity, free potable water that will serve the potable drinking fountain. 5. Within sixty (60) days upon confirmation by the County as to the completion of Phase I and II or upon written request by the County, BCG, for no monetary compensation, shall convey (or by then have conveyed) to the County marketable record title to the replacement parking lot and any easements necessary to ensure legal ingress and egress to the replacement parking lot by the public. BCG shall obtain any such instruments, properly executed, which will remove or release any encumbrance from the replacement parking lot upon their recording in the'public records of Collier County, Florida, and any other documents necessary, on or before the expiration of the sixty (60) day period. 6. Upon formal acceptance by the County of the replacement parking lot, BCG shall have no further duties or responsibilities with regard thereto other than to provide free water for landscaping as noted in Paragraph 3 and free potable water to the replacement parking lot as noted above in Paragraph 4. 7. BCG agrees, at no cost to the County, to provide County upon request a complete set of "as-builts" for the replacement parking lot. 8. The County, for no monetary compensation, agrees to execute appropriate documentation to BCG to terminate (or convey) any and all of its interests therein, including access, to the existing parking lot. BCG agrees to accept the existing parking lot "as is", specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the County. All Deeds from the County shall in the form specified in Section 125.411, F.S. 9. No person or entity associated with BCG shall have any rights to the replacement parking lot other than as members of the general public. 10. BCG represents that the replacement parking lot and all uses of the replacement parking lot have been and presently are in compliance with all Federal, State and Local environmental laws; that, to BCG's knowledge, no hazardous substances have been generated, in excess'of levels permitted by applicable law, stored, treated or transferred on the replacement parking lot except as specifically disclosed herein to the County; that BCG has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the replacement parking lot to be conveyed to the County; that BCG has not received notice and otherwise has no knowledge of (a) any spill on the replacement parking lot, (b) any existing or threatened environmental lien against the replacement parking lot or (c) any lawsuit, pr;oceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the replacement parking lot. This provision shall survive all transfer of titl( BCG to County and is not deemed satisfied by conveyance of title. 11. BCG shall indemnify, defend, save and hold the County harmless again,, andF - :_3 2 2 000 Page 3 from, and shall reimburse the County with respect to any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and expert witness and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings, or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of BCG's representation under Section 10. This provision shall survive the transfer of title from BCG to County and is not deemed satisfied by conveyance of title. 12. BCG shall pay for all costs associated with the exchange of the existing parking lot with the replacement parking lot. Costs shall include but not be limited to recording costs (for conveyance and curative instruments), transfer, documentary and intangible taxes, and the cost of any title commitment. 13. BCG, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless the County, 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) BCG's use of the existing and/or replacement parking lots; (b) any work or thing whatsoever done, or any condition created (other than by County, its employees, agents or contractors) by or on behalf of BCG in or about the existing or replacement parking lots; (c) any condition of the existing or replacement parking lots due to or resulting from any default by BCG in the performance of BCG' obligations under this Agreement; or (d) any act, omission or negligence of BCG or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against County by reason of any such thing, BCG shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if County shall so request, at BCG's expense, by counsel reasonably satisfactory to County. 14. The County shall not be liable for any injury or damage to any person or any property caused by the elements or by other persons within the existing or replacement parking lots, 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 in construction of any public or quasi-public works. 15. As a result of this agreement, the County shall not be liable for any damages to or loss of any property, including loss due to petty theft, occurring on the existing or replacement parking lots, and BCG agrees to hold the County harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the County or its employees. 16. Prior to conveyance of the existing parking lot to BCG and/or prior to conveyance of the replacement parking lot to County, BCG shall provide and maintain, for both sites, general liability and property liability insurance policy(les) approved by the Collier County Risk Management Department, for coverage not less than One Million Dollars and No/Cents ($1,000,000.00) combined single limits during the entire existence of replacement parking lot. In addition, BCG shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Million Dollars and No/100 Cents ($1,000,000.00) each accident. Such insurance policy(les) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided ' Collier County Risk Management Department, 3301 East Tamiami Trail, Aclminisl Building, Naples, Florida, 34112, for approval prior to the commencement of Pha~, described above; and shall include a provision requiring ten (10) days prior ~ !he AGEND. A'~,T~ · at~OnNo.~ ;las rittenFEB 2 2 2000 Page 4 notice to Collier County c/o County Risk Management Department in the event of cancellation or any changes in policy(ies) coverage. County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to BCG specifying articulated reason(s) for the need for such modified coverage, whereupon receipt of such notice BCG shall have thirty (30) days in which to obtain such additional insurance. 17. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective successors, subsequent purchasers, heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 18. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2000. Date Property acquisition approved by BCC: AS TO BCG: DATED: BAY COLONY - GATEWAY, INC. Witness (Signature) Name: (Print or Type) Witness (Signature) Name: (Print or Type) BY: George R. Page, Senior Vice President AS TO COUNTY: DATED: ATTEST: DWIGHT E BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, Chairman Approved as to form and legal suffi_cie.ncy lhom~s C. P~llmer Assistant County Attorney FEB 2 2 2000 '' BoL~L,. & PEEK,· INC. AZ1 that. pa~t of Governn~t Lot l, S~etion 16, Tmmship 49 ~uth, ~e 25 ~t, ~nci~ at ~e sou~t co~ ot ~t ~ ~ ~e north line oi ~te Drive ~ sho~. on ~e' p~t of ~it '~, ~te ~ivision u record~ in Pht B~k 3, p~e ~hence ..~uth 0~.35,~20" ~t' 18.~ f~t to the ~. OF B~ ~f ~he parcel ' thenc~ continue' ~u~h 0'-35'~20" .~t 21.00 i~t to a line vhi~ 'lies 28 feet · .nOrtherly°f ~d ~!!~1 vith ~, south line of .~id Govemmen~ ~ 1; vith ~he Profe, stonni;s seal. d county &ccess mt rev. 5-3-88) EXHIBIT._ _. Page ! of ~ ;4 FEB 2 2 O00g~ 3,,O~.gF. O0 S U EXHIBIT Page '-T-' 'i0~ ~]3SIA3~I 66/~/6 EXHIBIT~ EXECUTIVE SUMMARY AWARD RFP #99-2961 "ENERGY MANAGEMENT / AUTOMATION SERVICES" AND AUTHORIZE STAFF TO AGREEMENTS WITH SELECTED VENDORS BUILDING NEGOTIATE OBJECTIVE: To award RFP #99-2961 "Energy Management / Building Automation Systems" to Johnson Controls Inc. and Trane Inc. for the continued maintenance, repair and new construction of the energy management and building automation systems. CONSIDERATION: The Department of Facilities Management maintains over 300 separate facilities that require continual repair and maintenance. As part of daily maintenance, the Department uses multiple vendors to perform building repairs and improvements. These services include, but are not limited to, the repair, replacement and construction of air-conditioning, lighting, fire control, heating and ventilation, security cameras, building access, chiller maintenance, and burglar alarm systems. The County Administrator authorized a selection committee to review, evaluate and rank proposals from organizations capable of providing services for the maintenance, repair and construction of the County's numerous energy management / building automation systems. On November 1, 1999, the Purchasing Department solicited proposals for the Energy Management RFP (99-2961). Energy management / building automation services range from air conditioning controls and equipment, to security and fire alarm systems. Services will also include capital projects relating to new construction and building retrofits. Of the three vendors who responded, two were found to be qualified to perform the full scope of work; Johnson Controls Inc. and Trane Inc. Staff recommends that both firms be selected as qualified vendors for these services. The ranking matrix that resulted in this recommendation accompanies this document. FISCAL IMPACT: Energy management / building automation expenses average $500,000 annually. Funds are anticipated and budgeted within the Building Maintenance and Capital Construction budgets. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board award RFP # 99-2961 for energy management / building automation services to Johnson Controls Inc. and Trane Inc., and authorize the Chairman to sign standard contracts with both companies, after review by the County Attorney's Office. iAOENO& ITEIq 2 FEB 2 Pg. // _ Executive Summary Cont. Energy Management RFP (99-2961) Page 2 of 2 SUBMITTED B~' ~:~"~i~lA~'~°d~iig~z-°(~ili~ Manager Department of Facilities Management Date:_a~_~_~=~Z~ REVIEWED BY: ~kip Cam~p, CFM, Director Department of Facilities Management Date: REVIEWED BY: .,(~/"~a:0~, , ]r~,,~.~.)-a/o.~ ,fv~.~ St~l~hen 4.-ca~ell, Di-r~c~; ' - Purchasing/General Services Department Date: Leo E. Ochs, Jr., Adrr~nis~ator / Support Services Divksj~i Date: AGEI~IO& ITEIn ~o. FEB 2 2 2000 pg. CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP Cf: RFP TITLE: 99-2961 Energy Management SIGNIFICANT FACTORS PERTAINING TO SHORTLISTED FIRMS: 2. 3. 4. Broad range of services Qualified service personnel Good traininq programs & facilities SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS: Same as above (:award to both firms) Project Manager Purchasing Agent Date Date *Three companies responded to RFP, Johnson Controls and Trane top ranked firms, Seibe Environmental was deemed non-responsive. I FEB 2 2 2000 ! "0' FEB 2 2 ~11[111 ! ~ ,,._ '-'/ I' ~ EXECUTIVE SUMMARY APPROVE REPAIRS AND REPLACEMENT OF CAPITAL EQUIPMENT OB,.IECTIVE: To have the Board approve the necessary budget amendments for the replacement and/or repair of County assets and equipment as provided for in the 1999 - 2000 adopted budget. CONSIDERATION: The Department of Facilities Management maintains over three hundred separate buildings that require continual repair and maintenance. These ongoing repairs provide a safe working environment. Staff has budgeted for annual capital replacements/repairs in the newly created 301 Reserve for Capital Renewal and Replacement. This fund was specifically established to finance a cyclical capital replacement program for building equipment replacements and improvements. Equipment to be replaced under this Executive Summary includes air-conditioning systems, electrical equipment and major plumbing renovations. These systems have met their useful life and have become unsafe and unreliable. An itemized breakdown of needed replacements is attached for your review. Air-conditioning systems at several County facilities are undependa, ble and are in need of replacement. These systems are critical in controlling temperature and humidity levels within work spaces for County employees and the public. These HVAC replacements total $74,086. Electrical systems to be replaced include two high voltage lines supplying Building H with power. One line has completely failed and the backup line is not capable of maintaining minimum load requirements. Additional equipment replacements include Fleet Management's main breaker panel, which is no longer capable of carrying the needed electrical load safely. Total electrical equipment replacement expenses are $134,600. Necessary plumbing renovations include 50 shower stalls and the replacement of 24 toilet flushing units at the Naples Jail. These units are leaking, causing water damage and potential safety hazards. Also included are structural improvements to the living quarters at the Golden Gate EMS station. These plumbing and structural repairs amount to $275,203. It is imperative that a cyclical capital improvement program be maintained to ensure the availability and safety of County facilities. Equipment and structural systems replaced or repaired under this Executive Summary would have their replacement life cycles adjusted accordingly. Adherence to replacement schedules, as well as performing overall building upgrades will not only provide a safe, comfortable environment, but will extend the buildings life cycle, allowing the County to utilize these assets to their fullest extent. FEB 2 2 2000 Executive Summary Replacement Equipment Page Two of Two FISCAL IMPACT: Total cost for equipment repairs is $ 483,889 Funds are available in the Facilities Management 301 Reserve for Capital Renewal and Replacement. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: described within this summary. Prepared By:/'/.,~,-~b--,~.-- ~:~.~':-~:~ : = . =~,.~,. .. ~Daniel R. Rodrigt~ez,~c~/'lJ~i~s Manager The Department of'Facilities Management That the Board approve the necessary budget amendments as Reviewed By: Skip'C~amp, CFM, Director The Department of Facilities Management Date: Approved By: Leo E. Ochs, Jr., AdminiStrator Support Services Division iAC~ENOA IT£M .FEB 2._,2 2000 pg. ~,~'--- _ Board Of County Commissioners Facilities Management Department Capital Equipment Replacement and Improvements FY 1999 -2000 301 Reserve Fund for Capital Improvements Trade Building Equipment Replacements and Repairs Proposed Cost 1 !Electrical Main Campus - All Buildings Infrared Scanning of Electrical Panels $ 5,600.00 2 !Electrical County Barn - Fleet Replace Electrical Panel for Shop & Offices $ 10,000.00 3 !Electrical Building H Health Building Replace High Voltage Underground Cable (2) $ 119,000.00 4 HVAC Road & Bridge Naples Offices Replace 3 Old Air-conditioning Units $ 17,500.00 5 HVAC Substation B - Main Campus Replace Air-conditioning Roof unit $ 5,200.00 6 HVAC Building L - Courthouse Replace VAV Boxes and Filter Grilles $ 17,400.00 7 HVAC Building F - Administration Install CTSI Unit (provides fresh air) $ 5,800.00 8 HVAC Immokalee Gym Replace Air-conditioning Unit (30 ton) $ 23,400.00 9 !HVAC Building K Chiller Plant Installation of Motor Controls for Speed Pump $ 1,686.00 10 ~HVAC Naples Jail Replace Old Exhaust Fans $ 3,100.00 11 Structural County Barn - Fleet Remove & Replace Flooring $ 3,200.00 12 Structural Building W Facilities Repair Leaking Windows and Block $ 20,50¢ 13 Structural Building L - Courthouse Carpet Replacement - Offices and Elevators $ 21,06 14 Structural Building F - Administration Paint Halls and Offices Public Defenders Offices $ 20,00010~- 15 Structural Everglades Museum Replace and Install Doors & Grind Concrete $ 6,500.00 16 Structural Everglades Museum Repair and Replace Louvers & Flashing $ 7,250.00 17 Structural Everglades Museum Repair, Pave and Stripe Parking Lot $ 12,365.00 18 Structural Naples Jail Repair Concrete Pad County Jail Washers $ 2,050.00 19 Structural Immokalee Justice Center Replace and Update Sign $ 1,313.00 20 Structural Naples Jail Replace and Repair Kitchen Drain $ 3,825.00 21 Structural Golden Gate Fire Station Remove and Replace Carpet $ 6,700.00 22 Structural Golden Gate EMS Station Remove and Replace Carpet $ 6,500.00 23 Plumbing Naples Jail Repair Fifty (50) Leaking Inmate Showers $ 152,000.00 24 Plumbing Naples Jail Replace Flusing Systems in Jail Cells $ 12,000.(~) $ 483,889.00 Funding is available in the 301 Reserve Fund for Capital Outlay Estimates are based on contractors proposals. FEB 2 2 20OO pg. ' .~.~ EXECUTIVE SUMMARY Approval of a Change to the Routine Physical Examination Benefit in the Collier County Group Benefit Plan. ~ To receive Board approval to amend the Collier County Group Health Plan document to reflect a change to the routine physical benefit. CONSIDERATIONS: The Board of Commissioners operates a self-insured group health insurance plan. Included within the plan is a routine physical benefit that pays 100% of the cost ora routine physical and associated tests up to $250. This benefit is not subject to the deductible. Costs above the $250 limit are not covered. One of the major components of the increase in health care costs between 1998 and 1999 was the cost of catastrophic claims. In 1999, the county had seven large losses totaling $648,000. Large losses are those which are estimated to cost in excess of $62,500. The early identification of at-risk employees and dependents can provide a means of cost- effective early intervention. Staff, in cooperation with Community Health Partners, the county's managed care provider network, has been working to evaluate the county's wellness efforts. The routine physical benefit is a significant component of these wellness efforts. It was determined that in order to address the routine physical examination needs of all age and gender categories of the group, a higher level of benefit is needed to assure that the necessary cost components of a routine physical exam are covered. It should be stressed that a large number of employees will be able to receive a complete physical with associated tests for less than $250. However, there is a group of employees which due to their age and/or gender may require additional testing such as mammogram or PSA testing. This will increase the cost of their routine physical above the $250 limitation. It was determined that an increase of $100 to $350 would address this issue. In 1999, 71% of paid claims were spent on the age group of 40 and above. This is the group that would most benefit from an increase in this benefit. By increasing this benefit by $100, it is hoped that employees will utilize the benefit without the deterrent of additional out of pocket cost. In 1999, approximately 450 covered members utilized the routine physical benefit, which cost the county $101,369. If approximately one-half of those individuals utilized the increased benefit, the cost increase would be approximately $22,500. This increase in cost is minimal when compared to the cost of a single cancer case or heart disease case. The benefit to the county will be the avoidance of increased cost due to late medical intervention. The approval of this change would amend page 1 in the Schedule of Medical Ben( found in the Collier County Government, Employee Health Benefit Plan and Flex FEB 2 2 2000 / Reimbursement Plan. The section "Routine Physicals" would be changed to read, "$350 per individual (17 years of age and over) per calendar year.". FISCAL IMPACT: It is estimated that the additional cost of this benefit will be $22,500 based upon the1999 utilization of the routine physical benefit. Funds are budgeted within the Group Health and Life Fund 517 for this purpose. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve a change to the Collier County employee Health Benefit Plan, Routine Physical benefit, as described above with an effective date of February 9, 2000. SUBMITTED BY: REVIEWED BY: /J~e~'f ~alker, CPCU, ARM, Director, Risk Management' ~ ~ .~~~. Date: ~,///,o/~'o Leo E. Ochs, Jr., Sul~Soft Services Administrator EXECUTIVE SUMMARY APPROVE WORK ORDER # VB-99-4 ISSUED TO VANDERBILT BAY CONSTRUCTION, INC. FOR THE INSTALLATION OF HURRICANE SHUTTERS ON BUILDINGS C-1 AND C-2. OBJECTIVE: To have the Board of County Commissioners approve work order #VB-99-4 issued to Vanderbilt Bay Construction, Inc. for the installation of hurricane shutters on buildings C-1 and C-2. CONSIDERATION: Hurricane shutters were approved for buildings C-1 and C-2 by the Board of County Commissioners as part of the fiscal year 2000 Facilities Management capital projects budget. Bids were obtained from general contractors under annual contract with the County resulting in the following: 1. Vanderbilt Bay Construction, Inc.: $82,785.00 2. Wm. J. Varian Construction Company: $83,750.00 3. Surety Construction Company: $95,100.00 Purchasing policy requires BCC approval for any annual contractor bid over $50,000.00. FISCAL IMPACT: Funds are available in FY 2000 Facilities Management project budget fund #301. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMINDATION: That the Board of County Commissioners approve wOrk order #VB-99-4 in the amount of $82,785.00 and authorize the Chairman to sign the work order after review and approval by the County Attorney's Office. SUBMITTED BY: ./---.:· 4~ ./ ., ,~ , ..'~ Bob Pierce, Project Manager Facilities Management Department REVIEWED BY: ~ d"~/~-~._~ ~' '~/' .-~ a/ck Crognale, Senior P or~ect Manager /'/~F~cilities Management Department / REVIEWED B Y: Skdq-'~ ~aam'~, CFM, Dir'~ct0-r Facilities Management Department Date: Date: Date: REVIEWED BY: Leo E. Ochs, Administrator Support Services Division -. / Date: ~ NO. ? "? ~! FEB 2 2 211011 Pg' --c ;_ RECEJVED "c, enera:l, contraj~j~F£' ~.;~s~W~r4,ces" Contract #97-63, da~~~8, 1998 STATE OF FLORIDA FEB I 2OOO This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: The work is specified in the proposal dated January 24, 2000 fr~m Vamderbilt Bay Construction, Inc. which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #VB-99-4 is assigned to Vanderbilt Bay Construction, Inc. S'cope: Contractor to supply labor and material to: Task I: Furnish and install hurricane shutters for building C-1. Task II: Furnish and install hurricane shutters for building C-2. Schedule of Work: Complete within 60 calendar days ~rom the issuance of the building permit. Compensation: In accordance with Item 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount.provided in the schedule below. Task I Task II - $40,650.00 - $42,!34.00 TOTAL FEE $82,785.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. REVIEWED BY: i Pl~f~Pe~ ~FM, Director Management Date: FEB 2 2 2000 i P~., ': Work Order VB-99-4 Page 2 of 2 ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: By: Deputy Clerk Timothy J. Constantine, Chairman ,L/ Date //~//~ Vanderbilt Bay Construction, Inc. // Contractor ATTEST: · By:~ (Co?o~o Secretary) Typed ~ame and Title (or) wit.~es (2) (Signa~Print Nam~ (2) e ( Print %e) Approved as to Form and Legal Sufficiency: Assistant County Attorney Date: VANDERBILT BAY CONSTRUCTION INC. January 24, 2000 Mr. Bob Pierce Collier County Government Office of Facilities Management 3301 East Tamiami Trail Naples, Florida 34112 I "' RECEIV[q ! J~l ~ 6 2000 Re: Buildings C-1 & C-2 - Manual Rollshutters Dear Bob, m~o,-- m IT! As requested, the breakdown of costs in our proposal dated January 11, 2000 i'~ co follows: o~., ..~ Building C- 1 $40,650.00 ~ Building C-2 $42,135.00 Total Cost $82,785.00 We have attached a sketch showing the details of the scope of our work. We have panelized the wide spandrel glass windows lining them up with the existing frames and have shown those areas that will require panels. Color to be standard white. We are ready to proceed at your direction. Sincerel3,, Daniel J. President Enclosures DJB/akt FEB 2 2 2000 .P~'-- _ 2340 J & C BOULEVARD, NAPLES, FLORIDA 34109 941-$91-0900 FAX (941) 591-8181 A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIV~ That the Board of County commissioners adopt a Resolution approving tile Satisfaction of Liens for certain residential accounts where the County has received payment in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. CONSIDERATIONS: Resolution NO. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution NO. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Collier County Ordinance No. 9Ck30, as amended, provides that Satisfaction of Liens shall be approved by Resolution of the Board of County Commissioners. The attached Resolution lists the t account that has been paid in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $6.00 which is to be charged to Account NO. 51C~102030-649030. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the I Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1992 Solid Waste Collection and Disposal Services Special Assessment Lien. Prepared BV.'~~ (~ Para Ca~, Revenue Supervisor Dep~ftment o~ Revenue Prepared by: // ~_/_~[/" ~ Tefe/sa/A. ~i~en, Reve~Manager Reviewed by:~~~~ JOIA. Yon~os~v,~irector ~ Approved by:_ ~(~~~ LeO Ochs, Jr., A~S~tOr SUppo~ Se~ic~vision Date: Date: ~/r_..~.9 Date: Date: I FEB 2 2 20O0 · RESOLUTION NO. 2000 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 9C~30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution NO. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance NO. 9~30, as amended, requires the Board to approve by Resolution and record In the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal SpeCial Assessment for the following accounts numbered below, subsequent to the adoption of Resolution NO. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account NO. 10252 ThiS Resolution adopted this second and majority vote. day of ,2000 after motion, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David'C. V~igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF THE NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees between Greystone Mobile Homes, Inc., a Florida Corporation and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. CONSIDERATIONS: The Board of County Commissioners at their April 16, 1991 meeting authorized the Utilities Division to work with any persons wishing to enter into an agreement to extend payment of either water and/or sewer system impact fees, and to bring any such agreements to the Board of County Commissioners for their consideration if the amount exceeds $6,000.00. Greystone Mobile Homes, Inc., a Florida Corporation owning and operating commercial property, contacted the Department of Revenue regarding extending payment of the sewer impact fees imposed upon them upon connection into the County's regional sewer system, said impact fee totals $171,985.00. The owners have executed a Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees in accordance with Board direction at their April 16, 1991, meeting. In addition, the owners have deposited $647.00 to cover state document stamps and recording fees associated with providing extended payment. The County Attorney's office has reviewed and approved the Agreement. FISCAL IMPACT: Entering into this Agreement will defer payment of the impact fee over a seven (7) year period at an interest rate currently at 5.03 percent. GROWTH MANAGEMENT IMPACT: Collier County Ordinance No. 90-87 established the Board's policy that improvements and additions to the Regional Sewer System required to accommodate future connections or demand by Sewer System Impact Development shall be funded entirely by the revenue derived from the Sewer System Impact Fee. Therefore, new users should pay their fair share of costs of the system. At this time it is not expected that the diminished funds in the Sewer Impact Fee Trust account resulting from this agreement will inhibit the County's growth management or concurrency obligations. Ill FEB 2 2 2000 Page 2 Executive Summary RECOMMENDATION: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee between Greystone Mobile Homes, Inc., a Florida Corporation and the Board of County Commissioners of Collier County, Florida, as the Governing Body of the Collier County Water-Sewer District. Authorize Chairman to execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee. Agenda Date: February 22, 2000 Pamela Callis, Revenue Supervisor Department of Revenue Teresa ,~. Riesen, Revenue Manager Department of Revenue Joh~ Yonkosky, Dire~r Dep~rtment of Revenue Date Date Date Leo Ochs, ~Jr., Adl;r~strator Support Services' Date FEB 0 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 E. Tamiami Trail Naples, Florida 34112 (94 I) 774-8400 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES This Agreement made and entered into this 24 day of January, 2000, by Greystone Park Mobile Homes, Inc., a Florida Corporation Whose mailing address is 13300 Tamiami Trail East Naples, FI. 34114 (hereinafter "Owner") and tile Board of County Commissioners of Collier County, Florida acting as the Governing Body of Collier County and the Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter "County"). RECITALS: *A. The parties to this Agreement adopt and incorporate into this Agreement by reference the Collier County Regional Water and/or Sewer System Impact Fee Ordinances in their entirety, same being more particularly described as Collier County Ordinance No. 96-17 and No. 96-18, including any amendments thereto, and/or its successor in function. B. Owner represents and warrants to the County that he is the record fee title owner of certain lands situated within the Collier County Water-Sewer District (hereinafter "Property"), which have thereon existing Buildings, structures and/or other improvements, and which are mandated to connect to the Regional water and/or sewer system, said Property more particularly described below: Commencing at the Northeast corner of Block L, Henderson Creek Park, First Addition, as recorded in Plat Book 8, Page 41, of the Public Records of Collier County, Florida, said Northeast corner being the intersection of the Southwesterly Right of Way line of U.S. 41 (Tamiami Trail), and the Westerly Right of Way line of Henderson Drive, run S 0 41'40" W, along the East line of said Block L, for 238.61 feet to the Point of Beginning; thence continue to run 0 41'40" W, along said East line, for 641.92 feet to a pint hereinafter to be known as Point "A"; thence run N 89 24'50" W, parallel with and 65.00 feet distant from, as measured at right angles to, the Northerly Right of Way line of Sonderhen Drive as shown on said plat of Henderson Creek Park, First Addition, for 515.12 feet; thence run N 59 28'27" W for 110.76 feet; thence run N 89 24'50" W, for 305.00 feet; thence run N 29 17'16" W, (indicated on Plat as being N 29 28'46" W) along the West line of Lot 11, Block J, of said plat for 126.23 feet; thence continue to run N 29 17'06" W, for 207.47 feet to a point hereinafter to be known as point "B"; thence run N 51 56'37" W, for 45.00 feet to a point on the West line ofsaid Block L; thence run, along said West line, 196.24 feet along the arc ora curve, concave to the Northwest, having a radius of 2854.93 feet and subtended by a chord having a length of 196.20 feet and bearing N 36 05'14" E, thence run B 54 20'16" N, along Block L, for 798.33 feet; thence run N 0 41' 40" E, still along Block L, for 815.39 feet; thence run S 54 20'16" E, for 428.38 feet to the Point of Beginning; subject to a 45 foot wide drainage easement adjacent to and contiguous with the aforementioned West line of Block "L", and also subject to a 10 foot wide utility and/or drainage easement lying -- Northerly of and contiguous with the following described line: Beginning at the above- mentioned point "A', run the following courses along the Southerly boundary of the above described portion of Block L: N 89 24'50" W, for 515.12 feet; N 59 28' 27" W, for 110.76 feet; N 89 24' 50" W, for 305.00 feet; N 29 17' 06" W for 333.70 feet to the Point of Ending at the abovementioned point "B". 2 2 000 Parcel II A tract of land being a part of vacated Blocks A and B, Henderson Creek Park, recorded in Plat Book 6 at Page 8 of the Public Records of Collier Count}', Florida, and being de- scribed as follows: From the Northeast corner of said block A, run North 54 20'16" W 428.38 feet along the Tamiami Trial for a Point of Beginning. Thence South 0 41'40" W 1052.0 feet; thence N 54 20'16" W 798.33 feet to the Centerline of a County Drainage Easement, recorded in OR book 76 at Page 127 of said Public Records, thence 690.85 feet along the arc of a curve, being the aforedescribed Centerline of easement, concave to the Northwest, having a radius of 2854.93 feet and a chord bearing N 27 11' 40" E 688.37 feet; thence N 20 16' 12" E 187.96 feet along said Centerline of Easement to the said Tamiami Trail; thence B 54 20' 6" E 346.67 feet to the Point of Beginning, Collier County, Florida. Property Tax ID Number: 49530080001 C. Owner represents and warrants to the County that lhe party or parties identified herein as Owner constitute all persons or entities who are the record ovxmers of the Property. D. Owner acknowledges and agrees that this Property is Water and/or Sewer System Impact Development which has not heretofore paid applicable impact fees to lhe County, and as such, is subject to the imposition of Water and/or Sewer System Impact Fees (hereinafter "Impact Fees") by tine County. ~o./";~.. _:.~: FEB 2 2 2000 ! WITNESSETH: NOW THEREFORE in consideration of the above Recitals, the covenants exchanged herein, the County's provision of certain regional utilities sep,'ice to the Property, the County's consent to allow the extended payment of the Impact Fees in installments over time, the Owner's promise to pay the Impact Fees and all costs associated therewith and other good and valuable consideration exchanged amongst the parties, the parties agree and covenant with each other as follows: I. The above Recitals are true and correct nnd are incorporated herein. 2. Owner will pay the subject Impact Fees to the County, together with any title verification expenses, recording fees, and any reasonable estimation of the cost and expense associated with providing an extended payment alternative itemized a follows: Water lmpact Fee ....................................................... $ Sewer Impact Fee ....................................................... $ 171,860.00 Accrued Interest on Lien ............................................ $ Title Verification Expenses ........................................ $ 50.00 Transactional Fees, (recording fees, documentary stamps, etc,) ...................................... $ 647,00' Extraordinary Adnfinistrative Expense associated with providing extended payment alternative ................................................ $ 75.00 *TOTAL DOLLAR AMOUNT FINANCED ........ $171.985.00 *FEES PAID AT TIME OF EXECUTION 3. In return for the extended payment alternative that Owner has received, Owner promises to pay to the order of the County the principal sum reflected in Paragraph 2 above as the TOTAL DOLLAR AMOUNT FINANCED with interest on the unpaid principal balance from the beginning of the second full month following the date of this Agreement. The interest charged shall be adjusted during January of any calendar year and shall be based on the County's cost of funds for the immediately proceeding fiscal year. balance, Owner covenants to make monthly payments at any address or location designated by the County beginning with the second full month following the date of this Agreement in the amount of $2,433.25 and a like amount payable each and ever)' month thereafter over a seven (7) year period, the end of which shall be the maturity date. On tile maturity date, A FINAL BALLOON PAYMENT consisting of any remaining principal accrued interest and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that tile monthly installments on the extended Impact Fees should appear on the Owner's water and/or sewer bill, Owner will make full and timely payment of the entire utilities bill including any extended Impact Fees installments. Owner covenants not to attempt to partition the bill or pay either the utilities' portion without paying the Impact Fees portion or vice-versa. 7. All payments under this Agreement shall be applied first to interest, then to any other unpaid charges that may be imposed by or appear on the Owner*s utility bill, then to any other charges that may be imposed under this Agreement, with the remainder applied as a reduction of the remaining principal balance under this Agreement. Owner may pay the entire unpaid principal balance and any accrued interest or other charges at any time without penalty. If Owner makes a partial payment of principal, there will be no delay in the due date of any subsequent payment due from Owner. 8. Owner covenants that Owner is lawfully seized of the Property and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Owner warrants and will defend generally the title of the Property against all claims and demands subject nc mbrances of record. ~o, ! 9. Owner covenants to promptly pa3" when due the principal and interest on the debt evidencedyoy~,l~ Agreement and will at all nines keep ~ts water and, or sewer, and if applicable, ~rngatlon utflmes bill current. ' 10. Owner covenants to pay all property taxes, including all non-advalorem assessments, assessments, charges, fines and other impositions attributable to the Property which may in any way attain priority over the County's lien against the Property resulting from providing an opportunity for extended paymeni of the subject Impact Fees. Owner shall promptly discharge an)' lien which has priorit3' over the lien evidenced and contemplated by this Agreement unless Owner: (a) agrees in '~Titing to the payment of the obligation secured by tile lien in a manner acceptable to County; (b) contests in good faith the lien by, or defense against enforcement of the lien in, legal proceedings which in the County Attorney's opinion operates to prevent enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to County subordinating the lien to the interest of the County in obtaining full payment of the subject Impact Fees. If County determines that any part of the Property is subject to a lien which may attain priority over the County's rights to full payment of the Impact Fees, County may give Owner a notice identifying the lien and Owner shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giving of notice. 11. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the County. 12. If tile existing Buildings, structures and applicable improvements on the subject property consist of a mobile home park or rental housing, Owner covenants and agrees, for the benefit of all affected occupants, to pass through and on the same terms all the benefits of any extended payment of these Impact Fees to the affected occupants. 13. Owner will be in default under this Agreement if Owner fails to make any payment exactly on time, it' Owner files a petition of any kind in Bankruplcy Court, or if Owner should be in default under any of the agreements, terms or covenant in ibis Agreement. If Owner is in default, the County may declare the entire unpaid balance under this Agreement and accrued interest thereon to be due immediately without any advance notice. The County shall not waive its right to accelerate the payment if it fails to exercise its right for any past defaults. If tbe County requires Owner to pay the principal balance and the accrued interest immediately in full as described above, the County will have the right to be paid back for all of its costs and expenses in enforcing this Agreement to the extent permitted by applicable law. Those expenses include, for example, reasonable attorney's fees and costs, including any attorney's fees or costs awarded by the Appellate Court. 14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional uti]it3' system. Further, Owner covenants and agrees that if any extended payment installment shall not be paid when and as due, the unpaid balance thereof and all interest accruing thereon shall be an automatic fixed lien on the Property pursuant lo Chapter 153, Florida Statutes, and Chapter 88-499, Laws of Florida. Such lien shall be superior and paramount to the interest in the Property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on parity with the lien of any such County taxes. Further, Owner covenants and agrees that in the event that any such extended Impact Fees installment, or the balance of the Impact Fees upon acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or more, the unpaid balance of the Impact Fees and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the County in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the County by action' or suit in equity as for the foreclosure ora mortgage on real property. 15. Owner fully understands and agrees that failure to pay any monthly installments in a timely manner will result in the water to the referenced Property being shut off without further notice and that the water service will not be restored until all outstanding balances are paid in full, including but' not limited to outstanding utility charges, turn on charges and reinstatement of the extended Impact Fees installment to current. 16. The extension of time for payment or modification of amortization of the sums secured by this Agreement granted by tbe County to any successor in interest of the Owner shall not operate to release the liability of the original Owner or Owner's successors in interest. County shall not be required to commence amortizationPr°ceedings againStof the anv securedSuccess°r inthisinterest or refuse to extendof time for . ,~ ~80~,.~,,an ~ payment or otherwise ~udi/ .__ . sums by Agreement by reason any demand made by the original O,l..er I~. ,/(~.'~ ~' Owner's successor in interest. Any forbearance by County in exercising any right or' remedy shall nfr~.ljb;;ra 2 2 2000 ! waiver of or preclude the exercise of any right or remedy. The covenants and agreements of this Agreemenl shall bind and benefit successors and assigns of the County and the Owner. Owners' covenants and agreements shall be joint and several. If more than one person signs this Agreement as Owner, each person or entity is fully and personally obligated to keep all the promises made in this Agreement, including the promise to pay the full amount owed. Any person or entity who takes over the obligation under this Agreement is also obligated to keep all of the promises made herein. The County may enforce its rights under this Agreement against each person or entity individually or against all of them together. This means that any one person or entity signing as Owner or any one person succeeding to the Owner's interest may be required to pay all of the amount owed under this Agreement. 17. Owner or any other person or entity who has an obligation under this Agreement, waives the right of presentment and notice of dishonor. Presentment means the right to require the County to demand payment of amounts due. Notice of dishonor means the right to require the County to give notice if any amounts due have not been paid. 18. If enactment or expiration of applicable laws, or an adjudication by a court of competent jurisdiction, has the effect of rendering any of the provisions of this Agreement or the County's statutory lien rights unenforceable or alters the priority of the County's lien as contemplated and referenced in Paragraph 13, the County, at its sole option, may require immediate payment in full of all sums secured by this Agreement and re'ay invoke any remedies permitted hereunder or available by law. If Count), exercises this option, the County shall give Owner notice of acceleration. The Notice shall provide a period of not less than thirty (30) days from the date of notice is delivered or mailed within which the Owner may pay all sums secured by this Agreement. If Owner fails to pay these sums prior to the expiration of this period, the County may invoke any remedies permitted by this Agreement or otherwise available to it by law' wJlhout further notice or demand on the Owner. 19. This Agreement shall be governed by the Laws of the State of Florida. In the event that any provision or clause of this Agreement conflicts with applicable law. such conflicts shall not affect other provisions of this Agreement which can be given effect without tile conflicting provision. To this end, tile provisions of this Agreement are declared to be severable. 20. Upon payment of all sums secured by this Agreement, the County shall file a notice indicating full payment in the appropriate Public Records without charge to Owner. Owner shall pay any recordation cost. 21. If Owner meets certain conditions, Owner shall have the right to have enforcement of this Agreement discontinued at any time prior to the earlier: (a) five days (or such other period as applicable law may specie, for reinslatement) before sale of the Property pursuant to any power of sale contained in this Agreement; or (b) entry ora judgment enforcing this Agreement. The conditions are that the Owner: (a) pays the County all sums which then would be due under the Agreement had no acceleration occurred; (b) cures any defaults of any other covenants under this Agreement; (c) pays all expenses incurred in enforcing this Agreement, including, but not limited to, reasonable attorney's fees; and (d) take such action as the County may reasonably require to assure lhat tile lien or the lien rights of the County in the Property and the Owner's obligation to pay sums secured by this Agreement shall continue unchanged. Upon reinstatement by Owner, this Agreement and the obligation secured hereby shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate shall not apply in the case of acceleration under Paragraphs 17 or 21. 22. Any notice to Owner provided for in this Agreement shall be given by delivering it or by mailing it by first-class mail unless applicable law requires the use of another method. The Notice shall be directed to the Property address on the utility bill typically delivered by the County to the Owner. The Notice to the County shall be given by first-class mail to the County's address on the utility bill, to the attention of the Collier County Revenue Services Director, or any other address the County designates by notice to Owner. Any notice provided for in this Agreement shall be deemed to have been given to Owner or the County when given as provided in this Paragraph. If all or an.',' part of the Property or any interest in it is sold or transferred to other than a person related to the Owner by blood or marriage (or if a beneficial interest in the Owner is sold or transferred and Owner is not a natural Person) immediate payment in full of all sums secured by this Agreement shall be due and payable. If these sums are not paid in full upon such sale or transfer, the County may invoke any remedies permitted by this Agreement or applicable law, including but not limited to the refusal to open a new utilities account and/or provide or turn on the water service. 23. This Agreement shall be recorded in the Public Records of Collier County to reflect a vested, fixed, and secured lien on the Property. 24. This Agreement shall be binding upon the Owner, the Owner's successors and assigns and halll~uh with the Property. I FEB IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. WITNESSES TO ALL SIGNATURES: Sign Print PF~OPERTY O,W N E ~¢'~/;, ~' Josep~ J. G~di~h STATE OF COUNTY OF The foregoing Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees was acknowledged before me this~ day of -~,.,,1r',¢ , 2000, by Joseph J. Guidish, who is4zersenally k,qowr~te-me-and / or who have produced a drivers-license ' r<-~ ~;-~(.%. L\(~(-,~_j_'~.5~1 as identification. (affix no~a.8'al s,e4~ .. 4 o~ ?~o". ~[ ¢CC 739325 ATTEST: DWIGHT E. BROCK, CLERK STATE OF FLORIDA COUNTY OF COLLIER Notary Pub, l~ ' Commission Number: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. BY: TIMOTHY' J. CONSTANTINE, CHAIRMAN I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Timothy J. Constantine, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water-Sewer District, being authorized so to do, executed the foregoing Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this__ day of ,2000. Approved as to form and legal sufficiency: gsistant C(;;~'qCy Attorney Notary Public My Commission Expires: FEB 2 2 2000 EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under said Liens. Collier County has verified that said Liens have been satisfied'and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the satisfaction of lien is approximately $138.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Pam C~atlis, Revenue Supervisor Department of Revenue - REVIEWED BY: ,//3 [c--e~' d/'~--"-'~ Teresa A. Riesen, Revenu~,l~[anager '"Depam'nent,<~f Reve~e~ REVIEWED B Y:'----~"V" Rev7;- Leo Ochs, Admirer Suppo~ Se~ices Date: Date:.-~ FEB 2 2 2000 EXHIBIT "A" 1. VonRabenaa, Trustee, Daniel Folio~48072640007, Lot 70, Gulf Harbor 2. Concepcion, Joaquina Folio#62043960006, Lot 15, Block 7, Unit 1, Naples Manor 3. Borgersen JR, Pal Folio#57738240004, Lot 21, Block 280 of Marco Beach 4. Garrison JR, John C & Virginia Folio#36315760009, Lot 5, Block 199, Unit 6 5. Shirahama, Mitsu & Shirahama, Georgette Folio#56807800004, Lot 26, Block 70 of Marco Beach Unit 2 6. Walsh, Thomas Folio#366003240006, Lot 17, Block 105, Unit 3 7. Mei Huang, Shang Folio#36561520006, Lot 20, Block 281, Unit 8, Part 2, Golden Gate 8. Gomez, Jesus Folio#62102840009, Lot 3, Block 14, of Naples Manor addition 9. Pearson, Andi & Irving, Carol Folio#57648760001, Lot 6, Block 184, Unit 7 of Marco Beach 10. Helmer-Scrufari Construction, Inc. % Helmet, William F. and Scrufari, Bruno A. Folio#56680320002, Lot 16, Block 32, Unit lofMarco Beach 11. Hanson, Andres C. Folio#62426200008, Lot 3, Block 15, Unit 1 Naples Park 12. MacDonald TR, Kermeth D, Walczak, Greg & Abell, Lyle Folio#57741600000, Lot 3, Block 285, Unit 8, Marco Beach 13. Garrison Jr, John C., Folio#36315760009, Lot 5, Block 199, Unit 6, Golden Gate 14. Blitzer, Jerome J., Folio#62257400006, Lot 20, Block 8, Naples Manor Lakes 15. Pukay, Boris & Emogene L, Folio#57310240008, Lot 27, Block 152, Unit 5, Marco Beach 16. Marulanda, Antonio & Flor, Folio#82536080004, Lot 156, Willoughby Acres 17. Templeton As Trustee, Richard, I c/o Kushman, Willis E., Folio#36316440001, Lot 3, Block 201, Unit 6 Golden Gate 18. Garrison Jr, John C. & Garrison, Virginia Folio#36315760009, Lot 5, Block 199, Unit 6, Golden Gate 19. 20. 21. 22. 23. Delgado, Maria M, Foli#62101840000, Lot 11, Block 13, Naples Manor Barbour Jr., Sloane R. & Barbour, Cheryl, Folio#5731040000, Lot 27, Block 165, Unit 5, Marco Beach Hernandez, Jose O. M., Folio#62636120004, Lot 39, Block 28, Unit 3, Naples Park Garrison Jr., John C., Folio#36315760009, Lot 5, Block 199, Unit 6,. Golden Gate Asher, Edward R. & Asher, Sylvia H, Folio#366009120007, Lot 26. Block 110, Unit 3, Golden Gate 'i': 7"-2 2000 EXECUTIVE SUMMARY AWARD AGREEMENTS FOR GENERAL CONTRACTORS SERVICES ON AN AS-NEEDED ,SIS, RFP 99-3025. OBJECTIVE: To obtain board approval of staff's selection of firms and award agreements for general contractors services on an as-needed basis. CONSIDERATION: The Facilities Management Department has a continuing need for general contractor services for minor and medium scale construction and renovation projects. The award of a term contract to pre-qualified contractors allows staff to save both time and the cost of securing a consultant to prepare bid documents for small scale construction projects. For projects with an estimated cost of twenty-five thousand dollars ($25,000) or less, staff would obtain a proposal from one or more of the selected firms, negotiate the most favorable project terms and conditions and issue a work order to initiate the project concurrent with procedural approval from the Purchasing Department. For projects more than twenty-five thousand dollars ($25,000) and up to fifty thousand dollars ($50,000) competitive quotes would be solicited from at least three of the selected firms. In the Scope of Work it was stated that at this level County Attorney review would be required. In subsequent discussions between staff and the Attorney's Office, we have mutually determined that .-~'~e Attorney's Office does not need to review work orders in this dollar range. ~bove fifty thousand dollars ($50,000) but less than two hundred thousand dollars ($200,000), competitive quotes would be solicited from at least three of the selected firms and staff recommendation will be submitted to the Board for approval after County Attorney review. These general contractor service agreements were originally approved by the Board in 1995 and have proven to be most successful. In accordance with Section VIII B-3 of the County Purchasing Policy, a Selection Committee was formed to evaluate the proposals received. Seven firms responded with proposals to RFP No. 99- 3025. The firms were judged on qualifications and experience of key staff personnel, quality and timeliness or prior projects, on-staff support capabilities (on-site managers, etc.), financial stability, including litigation (outstanding law suits, etc.) and other relevant criteria. Of the seven firms responding one firm was considered non-responsive and was not considered in the selection process. Five firms are being recommended for selection: Vanderbilt Bay Construction, Inc. Wm. J. Varian Construction Company Surety Construction Company Professional Building Systems The Chris-Tel Company Executive Summary RFP No. 99-3025 ~.Page Two ..,~aff recommends authorizing the Facilities Management Department to approve work orders as addressed within this summary. The contract period is for two years with two one-year renewals, renewable annually at the County's option. The scope of this agreement could also include projects managed by other County Departments. FISCAL IMPACT: Funds for these projects are provided in each of the user division or department budgets or the appropriate capital project budgets. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the selection of the five firms listed above for annual general contractor agreements pursuant to RFP No. 99-3025 and authorize the Chairman to execute the agreements after review by the County Attorney's Office, SUBMITTED BY: ~ ,/~.~-~, /,~ck Crognale, CoNstruction Manager ,/~epa~ment/of Facilities Management S~p ~a~p, Director Depadment of Facilities Management REVIEWED BY: APPROVED BY: Stepheh Y. C~ffnell, Director Purchasing/General Services Leo E. Ochs, Jr., Administrator Support Services Di~ion Date: Date: Date: Date: FEB 2 2 2000 Pg. , ~ ~__:-:.:._ ._.~. CONSULTANT SELECTION SUMMARY OF SIGNIFICANT FACTORS FORM RFP #: RFP TITLE: 99-3025 Annual Contract for General Contractor Services SIGNIFICANT FACTORS PERTAINING TO SHORTLISTED FIRMS: 1. Work Experience 2. Quality of Work 3. Staffing 4~ SIGNIFICANT FACTORS TO RANKING OF TOP THREE FIRMS: 2. 3. 4. Same as Above Project Manager Pur~chasing Agent *Will be awarding to 5 of the 6 vendors Date Date FEB 2 2 Pg. I'lq FEB 2 2 2000 ? APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 22, 2000 GAC Land Trust (Fund 605) Budget Amendment gOO- 134 Operating Expenses Reserves $9,000 Reserves for Future Construction/Improvements (9,000) Total: -0- Explanation: Funds are needed for appraisal fees due to a high activity in prospective purchases of land within the GAC Land Trust. Library Impact Fees (Fund 355) Budget Amendment #00.135 Operating Expenses $2,373 Reserves Reserves for Capital Outlay (2,373) Total: -0- Explanation: Funds are needed to fulfill Library's commitment to the Golden Gate Master Plan. General Fund - Judge Hayes (Fund 001) Budget Amendment #00-139 Operating Expenses $4,510 Capital Data Processing Equipment (4,510) Total: -0- Explanation: Funds are needed to replace computers for both the Judge and Judicial Assistant. · Clam Bay Resortation (Fund 320) Budget Amendment #00-147 Capital Improvements-General $5,859 Other Machinery & Equipment (5,859) Total: -0- Explanation: Funds are needed for a change order to initial construction contract for additiona plantings. AGENDA ITEM No..__/~, ~o9 FEB 2 2 2000 Pg.~ / Naples & Urban Collier Community Park Impact Fees (Fund 368) Budget Amendment #00-149 Capital Projects Other Contractual Services $2,373 Reserves Reserves for Capital Outlay (2,373) Total: -0- Explanation: To fund a larger percentage of the Golden Gate Master Plan project due to Emergency Medical Services withdrawal from the project. AGENDA ITEM No. /~ ~--~c/,) FEB 2 2 2000 pg._ z BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 22, 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.: 90-6034oTM, 97-8240MMA, 99-6694MMA, 99-2347MMA, 82-1050CJA, 82-1051CJA, 99o2704MMA, 99- 2869MMA, 99-7190MMA, 98-7434MMA, 99-6345MMA, 97-8832MMA, 99- 2022MMA AND 99-3571MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. January 19 - 25, 2000 B. Januao' 26 - February 01,2000 4. Districts: Bo Port of the Islands Community Improvement District- Minutes of December 16, 1999 meeting Collier County Housing Authority - Annual Financial Report FYE 09/30/99; Approved Budget FY 1999-2000; Registered Office and Agent; Schedule of Regular Meeting for 2000-20001; Description of Outstanding Bonds FYE 09/30/99; Public Facilities Report and Audit & Management Letter FYE 09/30/99 Co Golden Gate Fire Control & Rescue District - Agenda for February 9, 2000 meeting Cow Slough Water Control District - Annual Financial Report FYE September 30, 1999 and Annual Local Government Financial Report for fiscal YE September 1999 Minutes: mo Historical/Archaeological Preservation Board - Agendas for January 21, 2000 and February 11, 2000 meetings and minutes of January 21, 2000 meeting Bo Bayshore Avalon Beautification MSTU Advisory Committee - Agenda for January 5, 2000 meeting and minutes of December 1, 1999 meeting AGENDA ITEM FEB 2 2 2000 Pg. / Co Eo G° J° Ochopee Fire Control District Advisory Committee - Minutes of January 3, 2000 meeting Pelican Bay MSTBU Advisory Committee - Agenda for February 2, 2000 and minutes of January 5, 2000 meeting Collier County Planning Commission - Agenda for February 3, 2000 and minutes of January 6, 2000 meeting Radio Road Beautification Advisory Committee - Agenda for February 14, 2000 and minutes of January 10, 2000 meeting Library Advisory Board - Minutes of December 8, 1999 meeting Collier County Community Health Care Ad Hoc Committee - Agendas for January 12, 2000 and February' 9, 2000 and minutes of December 8, 1999 and January 12, 2000 meetings Parks and Recreation Advisory Board - Agenda for February 26, 2000 and minutes of December 15, 1999 meeting Environmental Advisory Council - Agenda for February 2, 2000 and minutes of December 1, 1999 and January 5, 2000 meetings Rural Fringe Area Assessment Oversight Committee - Agenda for January 26, 2000 and minutes of January 12, 2000 No.. FEB 2 2 2000 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF 800 MHz PORTABLE RADIOS FOR THE SHERIFF'S OFFICE. OBJECTIVE: To obtain authorization for expenditure of 301 Funds for the purchase of 800 MHz portable radios. CONSIDERATIONS: The BCC allocated $100,000 for Sheriff's Office radios in Fund 301 budget. The Sheriff's Office is requesting that the Board authorize the expenditure of budgeted 301 funds and approve the necessary budget amendments for purchase of the 800 MHZ radios. FISCAL IMPACT: Funds are available as follows: Fund Cost Fund Title Number Center Object Project Funding Level I FY '00 Fund 301 611010 (~]/5 764210) 00000 $ 67,406 301 Budget ~) ~ ~/~ Q c; The attached budget amendment transfers the budgeted funds to the correct object code (764210 - Communications Equipment). GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budgeted purchase of 800 MHz portable radios. REQUESTED BY: 3e~ Myers, Budget0Analy~st , REVIEWED BY .~ir. APPROVED BY: Ddfi'Hunt~, ~erff~ DATE: Februarv 4~ 5.2exsum\8OOrad20.OO\dv A~ENDA ITEM No, {'~ ::~, ~ FEB 2 :' 2000 EXECUTIVE SUMMARY REQUEST THAT THE BCC AUTHORIZE EXPENDITURE OF BUDGETED 301 FUNDS FOR THE PURCHASE OF A REPLACEMENT PHOTO LAB SYSTEM FOR THE SHERIFF'S OFFICE AND A RELATED BUDGET AMENDMENT. OBJECTIVE: To obtain authorization for expenditure of 301 Funds for the purchase of a replacement Photo Lab System. CONSIDERATIONS: The Sheriff's Office' existing photo lab is in need of replacement components due to extensive use. The current equipment is more than eight years old and can no longer be maintained at a reasonable cost. Many of the components are no longer being manufactured. The new equipment requested will allow the Sheriff's Office to bridge regular photographic film and digital technology. After researching the issue, we believe that Southern Photo Supply offers the best solution to our needs and is a sole source vendor for the State of Florida for the combination scanner/printer product that fulfills our specific needs. The system requested has been in place at several sheriff's offices (Hill~sborough, Pinellas, Orange, and Hernando) and police departments in the state and has proved to be a reliable product. The Sheriff's Office is requesting that the Board authorize the expenditure of budgeted 301 funds and approve the necessary budget amendments for purchase of the replacement Photo Lab gystem. FISCAL IMPACT: The cost to acquire the Photo Lab system is $91,000.00. The cost of the equipment has increased since the original budget request in March, 1999. Funds in the amount of $85,000.00 were budgeted and are available in 301-611010-764990-0 and the remaining $6,000.00 will be transferred from an existing project in 301-611010-76,~1J_~_ 01010. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the budgeted Fund 301 purchase of a replacement Photo Lab system. REQUESTED BY: R. Scott B~arnett, Lieutenant, Bureau of Technical Services REVIEWED BY: APPROVED BY: DATE: ~ C~'3;~tal K. Kinzel,  o4Don Hunter, Sheriff February 1, 2000 exsum\expho~ol\dv AG'E~N D~. i,..~_E M No.//~ ~ . FEB 2 2000 Pg .... ! ,,, Serf Advant~n~; · - ,3, P~: JetSu~te¢ ~a¢-2~ 3C ? .... SOUTHEI \' PHOTO SUPPLY IAW ENFORCEMENT II \GING SOLUTIONS 1-800-230-9659 of:ers exclLs~¢~ turnke) so'udons tbr )o:ar imaging needs r'age 3'3 The S?S 3960 (£3 Imaging System can .your aging Mut,-Z ab, Darkroom, or oaq-/ab This mrnke.; Contcct Shee~$. lnter~ct Images Saw: t~me t7 on6:65 seccn& Jbr 24 exposu,'er at a hig5 resc/ution qf i20~ x l~OC'. The e.:ire SP~ O.~[e'~ c'oyr$ much Iv,sa d~an ,; new Mini-La& c,,~d ~ d; dC much mwre. .X a,d&'itic,~:c/', orksrat; 9~' for ~crge agencies. The SPS 3000 LE3 Imaging System Includes: Pent~m Il, 350 M.dZ NT ~.'o;ks~t cn l:~tium 30C (or benes; S~e~m~ FotoFrint 30C0 400-1200 DPI H~gh Speed Scanne~ Wudows NT Sea. c: Exaa ~'¢ - '- 256 MB Ram 8 GB Harddri~e Dend~cmeter SCSI Board 12~ MB Ram 2 pre-sd CM CDR-W : 0'' 00 Net~,.ork card CaO:net IKON card M:dem S~enna NT Se.r~er ] 7" M ,,;;tot Sienna Toolbox scfiway= ,,~Sl CaNe UPS ! 61 (;C S:em'ork Card Ado~c P?~atoshop Cross Ca'cie Fiat bed ~cap~*, e0(b:; 203 PR High Reso!ut:o:a Scanner UPS & Surge pro~ector 571,995.00 Includestquipmenl~conffgcrolion. shipping, lraxel, ldaysonsJ~ef°rinstaltati°nand ~nd 1 ~ear free phone supporl Please allo~' 4-6 ~ee~ for delivery. ' Pr:c:s & Sptc,ficafions ~utUccl lo chm~e ,,~3th:,u! r<,~ c~, ']crm~ N,I 9 Options: }:or prints :.'-rEef tha~ g ;.'$ X 1 ' the SPS 5003 LE3 Sys:em ( '2" FP.500O) flor $.R,O00 O0. ';'et: may s'obstitutc a; 5" toachscrepn moni?cr for d',¢ 17" regular moni:or by adding "/o[ may upg;'ade ll~e }7' monqor to a 21' monltor by addin~ 51.500. 4 Adci;icna/ ~ra~ning ~s a~ailab~e, car tbr price quo:e. 0."1 O0 retwork hu~ with c~:ego%' 5 cable. ~,. S?S Cl:emFree LE system also avai:able -- ca;: t~r pr:ce quote. 7 SPS 3030 LEPIus s) s~en: also ~vailab;~ f.m aumn',atcd CD Publishing-ca}; lc' ~:ri Call our La~ Enforcement Specialist Rebecca Shore at 1-800~2304 : ~-"'~GENDA I~EM r,59 No.J~ ~ ? ,,o.g F E B 2 2 Ser't By: Adva~t6mp; JetSuLte; ~a~-21-33 ~:37P',,~; ;:age 2'3 407-733-3?0'7/800.230-9659 $OI.. Ti-fERN PHO'I'O 125 E NASA BLVD., MtdLI~C)URNE I~L 32-3~ ! 1'O: (JOLLIER (.t;,: ';,"i~' SHERIFF OFF:CE FROM: KEBECCA SHORE SUBJECT: DATE. 01/2W'00 Item Descrip~i3n Price 1. Agfa Negatmve Processor FP100 $18,400 ea 2. Shipl~ng $60~ 03 ,nsta;tatio~ and Training for Processor inCuded in price of Processo~ ,r~stall and Tra;cing o~, Process3r arranged by Sauthem Photo S~pply completed by AGFA representative. AG"E~DA ITEM No. )~ _.T- ~-~ , FEB 2 2 Pg. , EXECUTIVE SUMMARY AMEND THE CIVIL TRAFFIC INFRACTION HEARING OFFICER GRANT-IN-AID OF $12,094.08 FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE CHAIRMAN TO SIGN THE AMENDMENT OBJECTIVE: To amend the Civil Traffic Infraction Hearing Officer Grant-in-Aid of $12,094.08 from the Florida Office of the State Court Administrator to include naming the Clerk of the Court for Lee County as Fiscal Agent and authorize Chairman to sign this amendment. CONSIDERATION: Collier County accepted a Civil Traffic Infraction Hearing Officer Grant-In-Aid on October 12, 1999. No Fiscal Agent was named at that time. GROVVTH MANAGEMENT IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION' The Board of County Commissioners amend the Grant-in-Aid of $12,094.08 to include naming the Clerk of the Court for Lee County as Fiscal Agent, authorize the Chairman to sign the amendment. Prepared by:. ~ Mark Middlebrook Deputy Court Administrator Date: February 7, 2000 Reviewed by: ' ~i ': ~(L...-..~',, ..~_..._.,.~/ Michael Smykowski Budget Director Approved by: County Attorney Date: February..,.~:, , 2000 Date: February, ,/~'~, 2000 .AGENDA ITEM No. /~ ~ c~) FEll $1/'1~/1996 !4:28 9417748828 BUDGET OFFICE PAGE Amendment to Grant-in-Aid Agreement for the Civil Traffic Infraction Hearing Officer Program in Collier County, Florida Thc OFfice of the State Courts Administrator (the "OSCA"), Collier County Board of Coumy Commissioners (the "Gramtee"), Clerk of the Court for Lee County, Florida (the "Fiscal gent") ~nd l'l~c Twentieth Judicial Circuit (the "Grant Manager") agree to amend the Grant-m- icl Agreement fbr the Civil Traffic Infraction Hearing Officer Program in Collier County~ executed November 21, 1999, as follows: Thc Clerk oCthe Court for Lee County will act as Fiscal Agent for the Gramee for purposes of this Grant-in-Aid Agreement. As Fiscal Agent, the Clerk of the Court for I¢c County will accept grmqt funds oI~ behalf of Grantee. and will disburse those funds accoxtancc with the requirem, ents of the GrarmimAid Agreement. .All provisions of the Agreemem not specifically changed by this Amendment remain binding. FLORIDA SUPREME COURT, OFFICE OF T1--IF_ $'1' ..-',TE COURTS ADMINISTR~ATOR GRANTEE G 1,/A N-F ,MANAGER ~ate lite Honorable 'ri.mothy J. Constantine Date Chair, Board of Coumy Commissioners Collier County FISCAl_ AGENT County Attomey(_ff 'l'hc Honorable William L. Blackwell Chic/'Judge -l~,,vcl~t/cth ,ludicial Ch'cuit Date The Honorable Charles Green Clerk office Court for Lee County Date 02/03/00 THU 09:01 AGENDA ITEM No.__Z~ ~' c ~,~ FEB 2 ,. 20[ 0 Pg.~_~ [TX/RX NO 72791 BUDGET OFFICE PAGE B3 Grant-in-aid Agreement for the Civil Traffic Infraction Hearing Officer Pro=m-am in Collier County, Flo. rida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), and the Twentieth Circuit (the "Grant Manager"). The parties agree that: The OSCA will pay the Grantee $12,094.08 as a $0/50 matching grant-in-aid pursuant to Specific Appropridtion 2125 of the 1999-00 General Appropriatwns Act for establishment or continuation of a civil traffic infraction heating officer program in Collier County. Upon receipt cfa written request for release of funds, the OSCA will make a lump sum payment to the Grantee. The Grant Manager will oversee the establishment, administration and operation of the civil traffic infraction hearing officer program. The Grantee ,,viii use grant moniesprovided under this Agreement in accordance with the requirements of §§318.30-318.38, Florida Statutes, and rule 6.630, Florida Rules of Traffic Court. The Grantee will use grant funds to pay up to $50 per hour for services cfa full- or part-time hearing officer appointed by the chief judge, and for other expenses necessary to operate the program, including heanng officer training, office rental, furniture, and administrative staff salaries. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than October 25, 1999. The Grantee, in consuRation with the Chief Judge of the Twentieth Circuit, will submit a detailed, written plan for use of grant funds and operation of the hearino_, officer program to the OSCA no later than October 25, 1999. ~ The Grantee wilt comply with b_earingofficer caseload re?,ortino~ requirements implemented January l, 1999 by the OSCA. The Grantee s fai~re to comply with reporting requirements will be grounds for termination of the Agreement. The Grantee will invest grant funds that are surplus to current needs or pendino~ distribution in accordance with the requirements of §219.075, Florida Statutes7 Tl~e Grantee will return to the OSCA all interest accrued on grant funds for reversion to the General Revenue Fund unallocated. This 1. The Grantee ~vill release grant funds in accordance with Collier County purchasing policies and rules. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. Agreement is subject to the following terms and ebnditions: The Grantee. will maintain p rop er documentation, of alt monies. . sp.ent in a manner. suffictent for proper pre- and post audit. The Grantee w~ll maintain all expendtture records for 4 years following the conclusion of this Agreement. Tl~e Grantee xvilt maintain all records made or received in conjunction with this Agreement in accordance with rule 2.051, Florida Rules of Judicial Administration, Page 1 of 2 02/03/00 THU 09:01 AGENDA ITEM FEB 2 2000 ~1/1~,/1996 14:28 94i7748828 BUDGET OFFICE PAGE 04 and Cl~apter I t9, Florida Statutes, as it may apply. -R£c£1 The Grantee will hold title to any equipment purchased with grant ffmds. (For amounts up to $25,000) On or before March 31, 2001, the Grantee will prepare a sworn statement attesting to the Grantee's ¢o_mpliance with the requirements of this Agreernent. The Grantee will submit copies of the statement to the OSCA and the Auditor General, (For amounts greater than $25,000 up to $100,000) On or before March 3 l, 2.001, the Grantee will have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to § 11.45, Florida Statutes, or have an independent certified public accountant prepare a statement attesting to Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the audit or statement to the OSCA and the Auditor General. (For amounts greater than $100,000) On or before March 31,2001, the Grantee will have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to §11.45, Florida Statutes. The Grantee will submit copies of the au&t to the OSCA and the Auditor General In providing, or contracting to provide, services, programs or activities, maintaining facilities, or otl]e~vise per£ormtng obligations under this Agreement, the Grantee and Grant Ma:lager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as ameuded, the Florida Civil Rights Act of 1992 and any other federal or state taw that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in thejudgment of the OSCA, the Grantee fails to comjpI.y with the terms of this Agreement, the OSCA may terminate the Agreement on >days written notice by certified mail. In the event of termination, the Grantee ,,,:itl return to rt~e OSCA all grant funds, except those expended in compliance with this Agreement, _for reversion to the General Revenue Fund unallocated. This Agreement constitutes the entire understanding of the parties. Ail modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2000. FLORIDA SUPREME COURT, OFFICE OF ']['HE STAT~ COU~T, SoADMIN[STRATOR Kennetli / Date R. Palmer State Courts Administrator GRANTEE ' of County Commissio~/%~-sl~arn~la S. ]'{ac'Kie, Ch, a'i~,~oman Board Collier County ~.~%[~. GR. AN A AG 'l~'entied~ Judicia} Circuit AGENDA ITEM No /_e? FEB 2 2 2000 Page 2 of 2 02/03/00 THU 09:01 [TX/RX NO 72791 EXECUTIVE SUMMARY PETITION PUD-99-22, RICHARD YOVANOVICH, OF GOODLETTE, COLEMAN & JOHNSON, P.A., REPRESENTING JAMES VOGEL, TRUSTEE, REQUESTING A REZONING FROM "A-ST" RURAL AGRICULTURE WITH SPECIAL TREATMENT OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT, FOR PROPERTY KNOWN AS SAN MARINO PUD, A RESIDENTIAL DEVELOPMENT AND GOLF COURSE WITH 353 MULTI-FAMILY RESIDENTIAL UNITS, LOCATED 1.5 MILES SOUTH OF DAVIS BOULEVARD ON C.R. 951, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 235.33+ ACRES. OBJECTIVE: This petition seeks to have the herein described land rezoned from its current classification of "A-ST" Rural Agricultural with a Special Treatment Overlay to "PUD" Planned Unit Development to be known as San Marino PUD a multi-family residential development and golf course. CONSIDERATIONS: The subject PUD is located approximately 1.5 miles south of Davis Blvd. on the east side of C.R. 951. The Naples National Golf Club is located to the west across C.R. 951 (100-ft ROW & canal). The proposed PUD property is surrounded mostly by undeveloped agricultural lands, but it also abuts a rock quarry to the east. The actual operations of the rock quarry are buffered by a lake and located approximately one-half mile away. The rock quarry also operates a concrete batch plant that is located approximately one-quarter mile away on the south side of the lake. Both uses should not cause impacts to the proposed multi-family and golf course development. The proposed PUD development is located within the Urban Designated Area - Urban Residential Fringe Subdistrict, which allows a gross density of up to 1.5 dwelling units per acre. If approved, the development plan will include the following: 1. The San Marino PUD will contain 353 multi-family dwelling units and a golf course on 235 acres. 2. The multi-family development will be cjustered on a 22.62-acre residential tract and will include accessory buildings, model units, utility and maintenance facilities, gatehouse, and child care facility for residents; 3. An 18-hole golf course on 196 acres that will be a user-fee, public facility with driving range and clubhouse; 4. 155.6 acres of SFWMD and Collier County jurisdictional wetlands; AGF~A ITEId FEEt 2 2 2000 n. ,/ 5. Preservation areas totaling 99.1 acres (42% of site) with a minimum 25 percent of the on-site native vegetation being preserved. Only 36 percent of wetlands on site will be impacted; 6. A minimum of sixty (60) percent open space; 7. Fifteen and 25-foot buffers around wetlands and conservation areas, respectively, and 20-foot-buffers around a proposed three-acre lake; 8. Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities per County standards, and; 9. Recreational uses such as play fields, boat docks, and walking paths. Summary of Pros and Cons: Below are pro and con issues as indicated in staff's report and as discussed in the CCPC meeting. Pros (1) This petition is consistent with the locational criteria for multi-family development as it applies to the Future Land Use Map (FLUM) and the Furore Land Use Element (FLUE) of the County's Growth Management Plan. The proposed multi-family housing is promoted and permitted in this area by GMP policies. It is also consistent with the Density Rating System. (2) It is consistent with other applicable elements of the GMP. A rezoning action would not change any level of service relationship in a negative manner. The additional traffic is estimated not to exceed the significance test for traffic (5% of LOS "C"). (3) Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. (4) The project is buffered fi.om Naples National Golf Club by the C.R. 951 right-of-way and canal. (5) The proposed residential tract is buffered fi'om the actual rock quarry operation located by approximately one-half mile + distance. Cons (1) An increase in density or intensity may be perceived as negative by existing residents. (2) Any noise fi.om the existing rock quarry operations can be perceived as negative by furore residents. FISCAL IMPACT: San Marino PUD will be a multi-family housing and public golf course development. A breakdown of the fiscal impact is given as follows: Impact Fees Park Impact Fee: Library Impact Fee: $578.00 per unit x 353 du's = $ 204,034.00 $180.52 per unit x 353 du's = 63,723.56 FEB 2 Fire Impact Fee: School Impact Fee: Road Impact Fee: Radon Impact Fee: Correctional Fac. Imp.: EMS Impact Fee: Bldg. Code Adm.: Micro Film Surcharge: $0.15 per Sq. Ft. of bldg. area ~ 900 SF x 0.15 x 353 du's = $0.30 x 20,000 SF non-res. = $827.00 per unit x 353 du's = $952.00 per unit x 353 du's = $1775.00 x 20 SF non-res. = $.005 per Sq. Ft. of bldg. area ~ .005 x 900 x 353 = $117.98 per unit x 353 du's = $0.5616/SF x 20 non-res. = $2.00 per unit x 353 = $142.00 x 20 SF non-res. = $0.005 per Sq. Ft. of bldg. area @ .005 x 900 x 353 = ~ .005 x 20,000 --- $2.00 per unit x 353 = $2.00 per non-res. Unit = 47,655.00 6,000.00 292,931.00 336,056.00 35,500.00 1,588.50 41,647.00 112,320.00 706.00 2,840.00 1,588.50 100.00 706.00 2.00 TOTAL IMPACT FEES $1,147,403.50 The average total size of the proposed dwelling units is 900-~-_ square feet. This project will provide 353 dwelling units of this size. The non-residential component was estimated from the scaled plan. The estimated total mount of impact fees collected at build out will total $1,147,403.50+. This is a raw estimate based on current impact fees and proposed dwelling units and estimated non-residential square footage. In addition to the impact fees described, there are building permit review fees and utility fees associated with County water and sewer connections. Building permit fees have traditionally off-set the cost of administering the community development review process, whereas, utility fees are based on their proportionate share of impact to County utilities. Finally, additional revenue is generated by ad valorem taxes. The amount of revenue generated by the ad valorum tax depends on the value of the improvements. At this time, staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land development project. But, at this time, staffhas 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 homing AGENDA ITEI~ FEB 2 2 20 1 Pi. ~ projects, to determine their value and likelihood that not all of the authorized development will occur. Regardless of a lack of methodologies to determine all of the fiscal impacts of a land development project, development still has concurrency relationships or limitations. When levels of services (LOS) fall below County adopted standards, a mechanism is in place that would require that building activities would cease until such a time as additional facilities are provided for by the developer or made available by the County. Certain LOS standards also would require a countywide concm'rency determination versus an area or local determination such as for roads. The proposed Victoria Falls PUD will not cause County LOS to be exceeded. GROWTH MANAGEMENT IMPACT: The requested zoning action is consistent with the GMP Future Land Use Element (FLUE) policies, including Policy 5.1, which requires that all rezonings be consistent with the GMP. It is also consistent with the Future Land Use Density Rating System, which allows up to 1.5 dwelling unit per.acre. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historic/archaeological probability as designated on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staff assigned to the review of this petition has reviewed it and found it consistent with the policies and objectives of the Collier County Growth Management Plan and the Land Development Code as stated in Staff's Report to the Collier County Planning Commission on November 20, 1999; therefore, Staff recommends approval of PUD-99- 22, the San Marino PUD Document and Master Plan, with the stipulation as recommended in Staff's report to the CCPC. ENVIRONMENTAL ADVISORY COMMITTEE RECOMMENDATION: The EAC met on November 3, 1999, to review this petition. The EAC recommended unanimous approval of the San Marino PUD with stipulations requiring minor changes to the PUD Document as stated in the report to the EAC attached to this executive summary. PLANNING COMMISSION RECOMMENDATION: This petition was recommended for approval at the CCPC by unanimous decision on November 20, 2000, with the following stipulation: 1. All access and transportation facilities will be subject to review and approval by the Transportation Services Department before Final Site Development Plan approval. AGENDA ITEM F:B 2 2 2000 p~. PREPARED BY: PRINCIPALX,/'LANNER ~,/ DATE 2~DE~D BY: CURRENT PLANNING MANAGER DATE R , AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Petition PUD-99-22 San Marino PUD rezone. Tentatively scheduled for the February 22, 2000 BCC meeting. FEB 2 2 2000 pg. ~/ Memorandum AGENDA ITEM 7-I To: From: Date: Subject: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES SEPTEMBER 28, 1999 PETITION PUD-99-22, SAN MAR/NO PUD OWNER/AGENT: Agents: Applicant/Owner: Mr. Richard D. Yovanovich Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Mr. Emilio J. Robau, P.E. RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 James D. Vogel Law Offices 3936 Tamiami Trail North, Suite B Naples, Florida 34103 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current classification of "A-ST" Rural Agricultural with a Special Treatment Overlay to "PUD" Planned Unit Development to be known as San Marino PUD a multi-family residential development and golf course. - A~A ITEIvl FEB 2 2 2000 2000 GEOGRAPHIC LOCATION: The property is located 1.25 miles south of Davis Boulevard (SR-84) on the east side of CRo951 (Isles of Capri Road), in Section 11, Township 50 South, Range 26 East (See location map on following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a Planned Unit Development with 353 multi-family dwelling units on 235 acres. The proposed development is located within the Urban Designated Area - Urban Residential Fringe Subdistrict. This subdistrict allows a gross density of up to 1.5 dwelling units per acre. If approved, the development plan will include the following: 1. A 22.62 acre residential development area, including multi-family units, accessory buildings, model units, utility and maintenance facilities, gatehouse, and child care facilities for residents; 2. An 18-hole golf course on 196 acres that will be a user-fee,public facility with driving range and clubhouse; 3. 155.6 acres of SFWMD and Collier County jurisdictional wetlands; 4. Preservation Areas totaling 99.1 acres (42% of site) with a minimum 25 percent of the on- site native vegetation being preserved. Only 36 percent of wetlands on site will be impacted; 5. A minimum of sixty (60) percent open space; 6. Fifteen to twenty-five-foot buffers around wetlands, 25-foot-buffers around conservation areas, and twenty-foot-buffers around a proposed three-acre lake; 7. Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities per County standards, and; 8. Recreational uses such as play fields, boat docks, and walking paths. SURROUNDING LAND USE AND ZONING: Existing: The property is undeveloped and is zoned "A-ST" Rural Agricultural with an ST Overlay Area. Surrounding: North - Undeveloped Agricultural South - Willow Run Rock Quarry/undeveloped Agricultural East - Undeveloped Agricultural West- Naples National Golf Club across C.R. 951 (100-ft ROW & canal) GROWTH MANAGEMENT PLAN CONSISTENCY: The following consistency analysis addresses the relationship of the proposed PUD with applicable elements of the GMP AGENDA ITEM 2 2 2000 Land Use Element and Density - The subject parcel is zoned "A-ST," Agriculture with a Special Treatment Overlay District and is located within the Urban Mixed Use - Urban Residential Fringe Subdistrict on the Future Land Use Map of the GMP. The Urban Residential Fringe Subdistrict is a transitional area providing transitional densities between the Urban Designated Area and the Agricultural/Rural Area. It allows a variety of residential uses including single-family, multi-family, duplex, mobile home, and mixed-use development. Rezones must be in the form of a PUD. The Urban Residential Fringe Subdistrict permits a base density of up to 1.5 dwelling units per acre. The density calculation for Royal Cypress Club PUD is as follows: Housing Density Base Density = 1.5 du/acre Total Acreage x 235 acres Total Dwelling Units = 353 du's Staff's analysis indicates that the proposed density is compatible with approved development nearby. Staff has also determined that the proposed PUD is consistent with the Future Land Use and Housing Elements of the GiMP (see Analysis and Findings). Traffic Circulation Element - The Traffic Impact Statement estimates that the 360 proposed MF units will generate 2,016 Average Daily Trips. The peak hour trips are estimated at 183 AM Peak Hour Trips and 227 PM Peak Hour Trips. Based on this analysis, staff estimates the site-generated traffic will not exceed the significance test standard (5% of the LOS "C" design volume) on CR-951 but will be exceeded for Rattlesnake Hammock Road. However, this segment of Rattlesnake Hammock Road is projected to operate at an acc~table level of service at the build-out of this project. Therefore the project is deemed to be consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Traffic Circulation Element (TCE). Open Space Element and Natural Features - The required amount of open space will be achieved by the retention of wetland and preserve areas, and other open space totaling 63 percent of the development. This includes 99.1 acres of preservation area. As a result, the proposed conservation and open space plans are consistent with the Conservation and Open Space Elements of the GIMP. Other Applicable Element(s} - These include utilities and water management. Proposed development located in the Urban Residential Fringe Subdistrict is fully responsible for all necessary water management improvements, including routing of on-site and appropriate off-site water, and a fair- share cost of necessary improvements to the CR-951 canal/out-fall system. Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. Once these utility lines are completed in accordance with County standards, they will be conveyed to Collier County as required by County Ordinances. Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above-prescribed course of action should make this petition consistent with this element of the GMP. FEB 2 2 2000 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 appropriate staff responsible has reviewed the subject petition for oversight related to the above referenced areas of concern. This primarily includes a review by the Community Development and Environmental Services Division Staff and the Transportation Department Staff. The petition was reviewed by the Environmental Advisory Board (EAC) and was recommended with minor stipulations that will be incorporated into the PUD Document. The Special Treatment Overlay Area encompasses most of those areas that are planned for preservation and will be protected. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B". In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infi'asmacture, other infrastructure, and compatibility with adjacent land uses as they relate to both the rezoning action and the long range plan for future land uses. Subsequent to this analysis, Staff advises the following: Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship of the proposed zomng action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning. FEB 2 2 2000 Compatibility - The subject property is located within the Urban Mixed Use - Urban Residential Fringe Subdistrict as identified on the Future Land Use Map of the GMP. The applicant proposes a density of 1.5 dwelling units per acre. The proposed PUD is buffered fi:om the lower intensity, larger lot size, development located to the west across CR-951 by a 100-foot right-of-way and a canal. The land to the east of CR-951 and surrounding the proposed PUD is undeveloped agricultural land. Properties to the south include undeveloped agricultural land and a rock quarry. Also, the Swamp Buggy Days PUD and the First Assembly of God PUD are located about one-half mile south. Those PUDs have developed or will develop with much more intensive development and it is likely that the surrounding properties will develop with higher densities or intensities of use. The recently approved First Assemblies Ministries Rehabilitation and Education Campus PUD was approved for densities ranging from 1.5 dwelling units per acre for multi-family and 12.0 units per acre for a recreational vehicle park (TTRVC). The property directly north of the subject PUD is owned by the Diocese of Venice and will likely be developed as a house of worship. Based on the analysis, Staff is of the opinion that the proposed PUD is compatible with existing and proposed development in the area. Traffic - The primary vehicular access points are proposed from CR-951 via two private drives. The access roads should operate with an acceptable level of safety and are subject to the County's Access Management Plan. The increased traffic impact from this and other proposed PUD development along CR-951 should not adversely affect the level of service (LOS) on CR-951, and the LOS should remain at an acceptable standard at the build out of this project. But, the development should minimize the number of access points by combining access to the residential portion with the golf course portion of this development and should provide acceleration/deceleration lanes to minimize traffic impedance. Traffic signal lights may be required at this location, as well. Approval should also be subject to the County Access Management Plan and Transportation Services Staff approval at the site development plan review. No other traffic impacts or conflicts between this proposed PUD and existing or proposed nearby developments are apparent. Therefore, the proposed PUD should not affect land use negatively. Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and will be extended as a consequence of future development. All development must comply with surface water management requirements invoked at the time of site development plan approval, as the case will be for development of this land. Water management facilities will be constructed to meet requirements of County Ordinances and these will be reviewed and approved as a prerequisite to obtaining subsequent development order approvals. The above-prescribed course of action should insure that this petition is consistent with the GMP. Community Infrastructure and Services - The subject property has convenient access to a wide range of community infxastmcture that is enhanced by its proximity to activity centers at 1-75 and Radio Road and CR-951 and Rattlesnake Hammock Road, which contain retail shopping, business and medical offices all within a short driving distance. Police, fire and emergency services can be readily provided fi'om the appropriate facilities located nearby. Educational facilities are also located nearby. PUD Document and Master Plan - The PUD document is modeled after the County Planning Services Model PUD Document in terms of format, general provisions, and development standards and commitments. The PUD Document contains all of Staff's recommendations and will make provision AGENDA rrE. M FEB 2 2 2000 of standards commonly employed in similar PUDs in the County. The uses will be well buffered and contain adequate separation and landscaping. The proposed PUD will also provide sidewalks and paved access to this PUD. It will also include a common area, trails, and access to the preservation areas for recreational use by residents. Interconnections to future abutting development will also be available if necessary. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-99- 22, the San Marino PUD Document and Master Plan, to the Board of County Commissioners with the following stipulation: 1. All access and transportation facilities will be subject to review and approval by the Transportation Services Department before Final Site Development Plan approval. FEEl 2 2 2090 PREPARED BY: CURRENT P~3.NNI~G SECTION DATE :~WE:iBY: RONALD F. NINO, AICP, MANAGER C~LANNING- ~,~ SECTION ROBERT J-. MI~HERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for October 21, 1999 CCPC meeting. Note: This petition is tentatively scheduled for the November 9, 1999 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. B~DD, , CHAIRPERSON PUD-99-22 SAN MARINO PUD/STAFF REPORT/DJM AGENDA ITE.~ FEB 2 2 20t FTNDINGS FOR PUD PUD-99-22 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of arterial roads, all within the urbanized area facilitating access to a variety of community services and facilities. (iv) The proposed PUD is located in an area that is developing with low-density residential to the east, across CR-951, and a mix of non-residential and multi- family type development further to the south, such as the Swamp Buggy Days PUD and the First Assemblies Ministries Rehabilitation and Education Campus PUD. The rest of the area within a mile is undeveloped. The area appears to be well-suited for this type of development (multi-family and golf course). (ii) (iii) Con: (i) Loss of travel time for users of the same arterial road network. (ii) Existing residents often perceive a residential intensification near their neighborhood as contributing famors to inconveniencing traffic movements to and from their place of residence, decreasing safety, increasing noise, and reducing property values. Findin_g: Jurisdictional reviews by County staff support the manner and pattern of the proposed development. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will ensure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Development Exhibit "A' AGENDA ITEM FEB 2 2 2000 conditions contained in the PUD document give insurance that all infrastructure will be developed and be consistent with County regulations. Adequacy of evidence of untied control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findine: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is consistent with the goals, objectives and policies of the Growth Management Plan. Con: None Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element and Density - The subject site is located within the Urban Mixed Use - Urban Residential Fringe Subdistrict on the Future Land Use Map of the GMP. This area is limited to a base density of 1.5 dwelling units per acre. The Urban Residential Fringe Subdistrict allows all residential structure types and other uses normally found in a residential environment, such as recreational use. Therefore, the proposed PUD is consistent with the goals, objectives, and policies of the FLUE. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that the petition is consistent with the policies of the TCE, including Policies 1.3, 1.4, 5.1 and 5.2. Recreation and Open Space - The proposed PUD will provide greater than 60 pement of the project as open space, which will include a preservation area, which may be utilized for boardwalks and walking paths. 2 AC~=.NDA ITEM FEB 2 2 2000 e Staff's review indicates that the petition has been designed to be consistent with the GMP. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on des.ign, and buffering and screening requirements. Pro: The PUD has been designed to minimize internal land use conflicts through open space separation thereby protecting sensitive areas and buffering residences internally. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land nsc relationship through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary. Finding: The amount of open space set aside by this project meets or exceeds the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem (see Staff's Report). Adequate improvements, utilities and other facilities can be provided. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. 3 AGENDA ITEM FEB 2 2 2000 Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report to the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: None. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for the particular housing structures and associated requirements. FINDINGS FOR PUD-99-22/DJM 4 FEB 2 2 2000 ... /7 REZONE FINDINGS PETITION PUD-99-22 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: Development orders deemed consistent with all applicable elements of the GMP should be considered a positive relationship. Con: None Summary_ Findings: The PUD as proposed is in compliance with the Future Land Use Element of the Growth Management Plan (GMP) and meets all applicable goals, objectives, and policies. 2. The existing land use pattern; Pro: The proposed multi-family residential development is compatible with nearby residential and non-residential development, especially as a more transitional type use between the lower density residential development to the west across CR-951 and the rock quarry to the east and the mixed development to the south. Con: None Summary Findings: The parcel is of a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because it is consistent with expired land uses by virtue of its location within the Urban Residential Fringe Subdistrict on the Future Land Use Map. Other PUDs located to the south of the proposed PUD are mixed non-residential and residential developments. The proposed multi-family development will provide a transition between lower-density, single-family development to the north and west and those more intense mixed residential and non-residential developments to the south. Density should not exceed that proposed for the subject PUD. Exhibit "B' AC~DA FEB 2 2 20O0 P~. e e The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: Approval of this PUD will not create an unrelated zoning district Con: Evaluation not applicable. Summary Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUM of the GMP. Con: None. Summary Findings: Nearby Lands are zoned PUD that will contain similar residential development and densities. The subject PUD is also located next to an existing rock quarry and concrete processing plant. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findings: The proposed zoning change is consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The proposed PUD should have a positive influence on development and character of the area. (ii) The proposed multi-family use adds balance to the housing mix of the area and provides an alternative choice to existing housing choices and A~A ITEM FEB 2 2 2000 n. lifestyles. It also provides a logical transition between the lower density single-family residential to the west and north and the non-residential development to the east and south. Con: (i) None. Summary Findines: The proposed PUD will not adversely influence living conditions in the neighborhood if the recommended development standards and other conditions are approved to ensure the least amount of adverse impact on adjacent and nearby developments. The site is buffered from lower density, single-family homes located to the west and the north by the CR-951 right of way and a canal. Whether the proposed change will create or excessively increase Waffle congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (i) The property will access private and public roads providing access to the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law, this degree of discomfort is regulated by concurrency requirements. (ii) In the short mn construction traffic is necessary for development may be imtating to local residents. Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, and, when developed, will not excessively increase traffic congestion. Additionally certain traffic management system improvements may be required as a condition of approval (i.e., mm lanes, traffic signals, dedications, etc.). In the final analysis, all rezone actions are subject to the Concurrency Management System. A~A ITE. M FEB 2 2 2000 8. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) None Summary Findings: Every project approved in Collier 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. e 10. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed multi-family development will conform to County standards and requirements in the PUD Document which will ensure adequate light and air will be available. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC that are designed to protect the circulation of light and air to adjacent areas. Con: None. Summa~ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e., open space requirement, corridor management provisions, etc.) and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Vv'nether the proposed change will adversely affect property values in the adjacent area; Pro: Typically, urban intensification increases the value of contiguous underutilized land. This project should have little negative impact on surrounding properties if development standards and conditions are followed. Con.* Sometimes, urban intensification is perceived as having a negative impact on neighboring property values. 4 AC-~A IT-Dd FEB 2 2 2000 11. 12. 13. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values, especially if it is developed with transition of density and intensity of development. Furthermore, multi-family rental units are usually considered appropriate tramitional development between single-family residential and non-residential uses, such as the rock quarry and Swamp Buggy Days P UDs. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: The proposed PUD will likely have a positive influence toward promoting development of adjacent properties, especially near the rock quarry. Summary_ Findings: The basic premise underlying the zoning development standards in the LDC is that their sound application, when combined with the site development plan approval process, gives reasonable insurance that a change in zoning will not deter improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest, such as the promotion of affordable housing as is the case here. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the oppommity to 5 14. 15. 16. 17. maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project complies with the GMP goals, objectives, and pohcies, and is not out of scale with the surrounding neighborhood and nearby properties. Con: None Summary_ Findings: The proposed PUD will not be out of scale with the needs of the neighborhood. The PUDs located further south will provide more intensive and dense development. Furthermore, the rock quarry next door justifies a more intensive and compatible land use. The proposed multi-family housing, and the golf course, is considered somewhat more desirable when bordered by such uses. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are few sites that are zoned to accommodate the proposed development, but this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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 a Site Development Plan approval that will further define the PUD. The impact of development on the availabmty of adequate public factories and services consistent with the levels of service adopted in the Comer County Growth Management Plan and as def'med and implemented through the Comer County Adequate Public Facilities Ordinance, as amended. FC3 2 2 2C30 · '-" Pro/Con: Evaluation not applicable. Summary Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP have reviewed this petition and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS PUD-99-22/DJM A~A-TT~I FElt 2 2 2000 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF NOVEMBER 3, 1999 Item IV.C. II. IlL NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. PUD-99- 22 San Marino PUD The Club Estates, L.C. RWA, Inc. Passarella and Associates, Inc. LOCATION: The subject property is an undeveloped 235.3 acre parcel located on the east side of County Road 951, approximately one and a half mile south of Davis Blvd. (State Road 84), in Section 11, Township 50 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are partially developed with the following zoning classifications. ZONING DESCRIPTION PUD (Forest Glen of Naples) Agricultural Partially Developed Undeveloped Agricultural A-ST Agricultural Undeveloped Undeveloped Willow Run Quarry Agricultural A-ST Undeveloped Undeveloped AGE. ND~ ITEM FEB 2 2 2000 EAC Meeting .......................................................................................... November 3, 1999 PUD-99-22 Page 2 of 6 Agricultural R.O.W. PUD (Naples National Golf Club) Undeveloped County Road 951 Developed IV. PROJECT DESCRIPTION: The petitioner proposes a Planned Unit Development with 353 multi-family dwelling units and an 18-hole golf course on 235+ acres. The gross project density will be 1.5 dwelling units per acre. The PUD proposes the following: 1) A 22.62 acre mult-family residential area, accessory buildings, model units, utility and maintenance facilities, gatehouse, and child care facilities for residents; 2) Preservation area comprising 99.1 acres (42% of site); 3) Fifteen to twenty-five- foot buffers around wetlands, 25-foot-buffers around preservation areas, and 20- foot-buffers around lakes; 4) Water distribution, sewage collection and transmission, and interim water and/or sewage treatment facilities per County standards; 5) A minimum of sixty (60) percent open space with 25 percent native vegetation being maintained; 6) Multi-family units and accessory structures and uses including carports, garages, and utility buildings; and 6) Recreational uses such as golf course, club house, driving range, play fields, boat docks, and walking paths. V. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is zoned "A-ST," Agricultural with an ST overlay and is located within the Urban Residential Fringe Subdistrict on the Future Land Use Map of the Growth Management Plan. The Urban Residential Fringe Subdistrict is a transitional area providing transitional densities between the Urban Designated Area and the Agricultural/Rural Area. This district allows a maximum density of 1.5 dwelling units per acre when approved as a PUD. Proposed development in these areas are also fully responsible for all necessary water management improvements, including routing of on-site and appropriate off-site water, and a fair-share cost of necessary improvements to the CR-951 canal/out-fall system. VI. MAJOR ISSUES: Water Management: San Maxino PUD employs a standard water management design for a typical mixed golf course / residential project consisting of a series of interconnected lakes and wetlands which provide water q~,a!ity retention during minor storm events and peak flow attenuation during major storm events. FE3 EAC Meeting .......................................................................................... November 3, 1999 PUD-99-22 Page 3 of 6 The discharge point is at the southwest comer of the project and empties into the C.R. 951 Canal (Henderson Creek). Because of its size, this project will be permitted by the South Florida Water Management District. Environmental: Site Description: Vegetation mapping of the property was conducted using 1"=200' scale aerial photographs and ground trothing in November 1998. Native habitats on site include pine flatwoods, hydric pine flatwoods, pine-cypress, cypress, oak-cabbage palm, cabbage palm, tropical hardwoods, and willow pond. Also on-site are 3.6 acres of elevated road bed within an F.P.&L. easement. Current and historical seasonal high water levels for the project were estimated by identifying biological indicators (i.e., lichen lines, water marks, buttress on cypress trees, etc.) of water levels in the field. It is estimated that the historic seasonal high water levels were 10.5 feet NGVD and current seasonal high water levels are 9.8 feet NGVD. Ground elevations within the project range fi.om lows of 9.0 feet NGVD within man made drainage ditches to 12.5 feet NGVD in the spoil pile created by the construction of County Road 951/Henderson Creek Canal. Natural grades range from 9.0 feet NGVD to 11.5 feet NGVD. According to the Collier County Soils Map, the following four soil types are found on the property: Chobee, limestone substratum and Dania mucks, depressional CUnit4), Hallandale fine sand (Unitl 1), Pineda fine sand, limestone substratum (Unit 14), and Boca frae sand (Unit 21). Soil Map Units 4 and 14 are listed as hydric soils by the Natural Resource Conservation Service office. A description of each of these soil types is provided in Exhibit D in the EIS. Wetlands: Approximately 155.6 acres of South Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been identified on the property and are shown on Figure 2 in the EIS. Wetland habitat types include hydric pine flatwoods (20.8 acres), pine- cypress (86.3 acres), cypress (43.0 acres), willow pond (5.4 acres) and disturbed land (0.1 acres). Of the 155.6 acres of wetlands on-site, a total of 56.5 acres (36 percent) will be impacted by the project. Impacts include both direct impacts and secondary impacts as determined by the SFWMD. In addition, passive recreational the wetlands, such as boardwalks or nann~ trails, may be constructed as FEB 2 2 2000 EAC Meeting .......................................................................................... November 3, 1999 PUD-99-22 Page 4 of 6 the project. The proposed site plan is iljustrated on Figure 4 and the wetland impacts summarized in Table 3 in the ElS. Project related wetland impacts will be compensated for by enhancing and preserving the remaining 99.1 acres of wetlands on-site. Enhancement will include removal of exotic vegetation and enhancement of the hydroperiod. The hydropefiod will be enhanced by raising the existing control elevations from approximately 8.5 feet NGVD to elevation 10.00 feet NGVD. The property has a total of 79.7 acres of uplands, the majority of which will be impacted by the proposed project. Where possible, a minimum 15 foot and average 25 foot upland buffer will be maintained around wetland preserves. Preservation Requirements: As proposed the project will preserve 99.1 acres (42 percent) of the native vegetation on-site. This satisfies the 25 percent native vegetation preservation requirement in section 3.9.5.5.3 of the Land Development Code (LDC). Listed Species: A total of seven days of observations for listed species was conducted on the property. A listed plant and animal species survey was cconducted on January 28 and 29, 1999 and February l, 1999. Additional listed species observations were made during vegetation mapping and wetland flagging conducted in November 1998 and January 1999. The 155.6 acre tract was surveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FFCC) and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agricultural (FDA) and USFWS as endangered, threatened, or commercially exploited. The stuwey was conducted by walking parallel belt meets through all suitable habitat to insure that sufficient visual coverage of ground and flora was obtained. Transects were spaced from 25 to 100 feet apart depending on habitat. No listed species were observed on the property during the wildlife survey or during vegetation mapping and wetland flagging. The "Florida Atlas of Breeding Sites for Herons and their Allies" was referenced for the location of breeding colonies for both listed and non-listed wading birds. There was no reference in the atlas to any breeding colonies located within or adjacent to the project site. /7,4 FEB 2 2 2000 EAC Meeting .......................................................................................... November 3, 1999 PUD-99-22 Page 5 of 6 VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-99-22 "San Marino PUD" with the following stipulations: Water Management: A copy of the South Florida Water Management Disn'ict Surface Water Management Permit must be submitted to Collier County prior to the issuance of any subdivision / site development plan approval. Environmental: 1. Delete the last sentence in section 4.1 of the PUD document. Amend section 5.10(D) of the PUD document as follows by adding the underlined language. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site development plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. AGF. N~A IT}:.~ FEB 2 2 2000 EAC Meeting .......................................................................................... Novemb~ 3, 1999 PUD-99-22 Page ~ of ,6~ PREPARED BY: STAN ~OWSKI, P.~/- SENIOR ENGINEER DATE ENVIRONMENTAL SPECIALIST II DATE REVIEV~ED BY: DONALD PRINCn~AL ET~(,MAS E. KUCK, P.E. .INEERING REVIEW MANAGER CURRENT PLANNING MANAGER SL/gdh/c: StaffReport DATE FEB 2 2 2000 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: 99-22 Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) James Vogel Trustee Applicant's Mailing Address 3936 Tamiami Trail North, Suite B City Naples State Florida Zip 34103 Applicant's Telephone//262-221 Fax # 262-8330 Name of Agent Richard Yovanovich Firm Goodlette, Coleman & Johnsom PA Agent's Mailing Address 4001 Tamiami Trail N.. Ste 300/3050 North Horse Drive gte 202 City Naples State F]orida Zip 34103 Agent's Telephone #435-3535/ Fax ~435-I 218 Name of Agent Emilio Robau Firm RWA. Inc. Agent's Mailing Address 3050 North Horse Drive gte 202 City Naples State Florida Agent's Telephone #649-1509 Fax #649-7056 Zip 34104 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPI_If'ATION FOR PI/RI.lC' HEARINf~. FOR PUD RF-~-ONE-SDB PAGE FEB 2 2 2000 Disclosure of Interest Informntion: ao If the property is owned fee simply 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 See Property contracts attached Exhibit A incorporated herein by reference. Percentage of Ownership J; bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest APPI.I(-'ATION FOR PITRI.I~ H£ARIN~ FOR PIW) R£7ON£. ~;/ge PAGE fiLM FEB 2 2 2{300 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address James Vogel._ Trustee 3936 Tarniami Trail North: Suite B Naples: Florida 34103 Percentage of Ownership 100% Date of' Contract:3/.az~ I£ any contingency clause or contract term involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address No other parties are involved. go Property ID#: 00410760008 Date subject property acquired (x) leased ( ):. Term of lease ~ yrJmos. If, Petitioner has option to buy, indicate date of option: I:~l.xgmbgr_L~ and date option terminates: , or anticipated closing date May ] 9_ 2000. Property ID#: 00411760007 Date subject property acquired (x) leased ( ): Term of lease yrffmos. , If, Petitioner has option to buy, indicate date of option: November 1998 and date option terminates: , or anticipated closing date May 12= 2000. APPLH'ATION FOR PURLH" HEAP. INt': FOR PlfD RF_7:ON~ . ~pqR PAGE 3 FEB 2 2 2000 17 Property ID#: 00410720006 Date subject property acquired (x) leased ( ): Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: November 1998 and date option terminates: , or anticipated closing date May 12_ 2000_ Property'iD#: 004 11560003 Date subject property acquired (x) leased ( ): Term of lease ~ yrJrnos. If, Petitioner has opnon to buy, indicate date of option: ~ and date option terminates: ., or anticipated closing date July 3.2000. Property ID#: 004 11600002 Date subject property acquired (x) leased ( ): Term of lease ~ yrffmos. If, Petitioner has opnon to buy, indicate date of option: ~ovember 1999 and date option terminates: , or anticipated closing date .July 3.2000. ~; Property ID#: 00410640005 Date subject property acquired (x) leased ( ): Term of lease __ yr./mos. If, Petitioner has opnon to buy, indicate date of option: Sepfember 1998 and date option terminates: ., or anticipated closing date ~ugust ! 2. 2000. Property ID#: 00410840009 Date subject property acquired (x) leased ( ): Term of lease yr,/mos. If, Pemioner has option to buy, indicate date of option: ~;eptember 1998 and date option terminates: , or anticipated closing date August 12. 2000. Property ID#: 00410880001 Date subject property acquired (x)!eased ( ): Term of lease ~ yrYmos. If, Petitioner has opnon to buy, indicate date of option: Se.ntember 1998 and date option terminates: , or anncipated closing date Augu_~t 12. 2000. Property ID#: 004 11240006 Date subject property acquired (x) leased ( ): Term of lease yrJmos. If, Petitioner has opoon to buy, indicate date of option: September 1998 and date option terminates: , or anticipated closing date August 12_ 2000. Property ID#: 0041320007 Date subject property acquired (x) leased ( ): Term of' lease ~ yr./mos. If', Petmoner has opnon to buy, indicate date of option: September 1999 and date option terminates: , or anticipated closing date ~ugust 12_ 2000. Property ID#: 00411440000 Date subject property acquired (x) leased ( ): Term of lease ~ yrYmos, If, Petitioner has optmn to buy, indicate date of option: September 1998 and date option terminates: , or anticipated closing date ,~ugu~t ! 2. 2000. Property ID#: 00411640004 Date subject property acquired (x) leased ( ):. Term of lease yr./mos. If, Petitioner,has opnon to buy, indicate date of option: September 1998 and date option terminates: , or anticipated closing date November 12_ ~2000_ Property ID#: 00410960002 , Date subject property acquired (x) leased ( ):. Term of lease ~ yr./mos. If, Petitioner has option to buy, indicate date of option: December 1998 and date option terminates: , or anticipated closing date November 30_ 2000_ AppLfC~TfO~ FOR PUnL~c .EAR~C. FOR PUn elr~:Olq£. ~o~! PAGE 4 OF 17 FEB 2 2 2001 Property ID#: 004 ! 0960109 Date subject property acquired (x) leased ( ):. Term of lease yr./mos. If, Petitioner has option to buy, indicate date of option: December 1098 and date option terminates: , or anticipated closing date February. 20_ 2000. Property'ID#: 00411200004 Date subject property acquired (x) leased ( ):. Term of lease ~. yr./mos. If, Petitioner has option to buy, indicate date of option: M~h 1999 and date option terminates: , or anticipated closing date March 15. 2000, ho 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) ifrequired 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: 11 Township:. 505 Range: 26E Lot:. N/A. Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 00411560003; 00411600002; 0041076000g; 00411760007; 00410720006; 00410640005; 00410940009; 00410gg000 I' 0041120006; 00411320007; 00411440000; 0041 1640004:00410960002; 00410960109; Metes & Bounds Description: See attached Legal Descr/ption Size of property.: ft. X. ft. = Total Sq. Ft. ~ Acres ~ Address/general location of subject property: Located on the eastern side of CR 951 0sic of Capri Road) approximately 1.5 miles south of RR 84 (David Blvd.). APPLICATION FOR PIIRI.If' II£ARIN~ FOR PIJ'D REZONE PAGE 5 O! FEB 2 2 2000 pg. ~ Zoning PUD' A Adjacent zoning and land use: Land use planned Unit Development Agricultural E A Agricultural W PUD__ planned 1 Init Development Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Lot: Block: Plat Book__Page #: Metes & Bounds Description: Subdivision: Property I.D.#: Range: Rezone Request: This application is requesting a rezone from the Agriculture zoning district(s) to the Planned Unit Development zoning dstrict(s). Present Use of the Property: Agriculture Proposed Use (or range of uses) of the property: Planned Unit Development allowing residential uses and golf courses. 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 thc applicable criteria noted below. Provide a narrative statement describeing the rezone request with specific reference to thc criteria noted below. Include any backup materials and documentation in support of thc request. Standard Rev. one Considerations (LDC Section 2. 7.2.5). APPLICATION FOR PIIRIAC FIF. ARIN~. FOR PIJI~ RI~I"~NI~ . ~/~g PAGE 6 OF AG~-NDA I~ FEB 2 2 2001 }Ye~l, James Vogel b~ing first duly sworn, depose and say that I am the contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applicaiton, including the disclosure of interest information, all sketches, data, and other s'upplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. 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 atlvertised until this application is deemed complete, and all required information has been submitted. lis contract purchaser I fitrther atahorize Richard D. Yovanovich, Esq. and Emilio Robau to act as our/my representative in any matters regarding this Petition. Typed or Printed Name of Contract Purchaser The foregoing instrument was ac]o, owledged before me thi~s~m~of~ ~t.~./ , 19.._~, by ~a,nes Vogel_ Tmtxtee who ~sonally known to~e or has Produced Counq d Collier ll S ,J ~s: ~ ~. ~, n i[ (Si~~f Not~ Public- State of Flodda) ~ "7.," ...... , APPLICATION FOR PITRI.I~" HEARING FOR PI~TI (Print, Type or Stamp Commissioned Name of Notary Public} PAGE 17 FEB 2 2 2C 0 FI7 :~'~"~O09LETTE, COLEHRN 94~ 4Z~ ~2~8 2080,02-~4 ~0:40 ~72~ P.20/20 EXRIBIT A PROPERTY N 1/:2 o.~S 1/2 ors 1/2 ofgW 1/4 of NW 1/4 in SEC 11, TWP 50 PGE 26 Collier Co., F1 same behxg 4.6 acres more or less. N 1/2 of N 1/2 TW'P $0, RGE 9.2 acres more of N-W 1/4 of SW 1/4 SEC 11 26, Collier Co, Y1 same being or less. N 1/2 orS 1/2 of NNV 1/4 of SW' l/4 ira SEC 11 TWP 50 RGE 26, Collier Co, Fl. same being 9.2 acres more or less. S 1/2 of N 1/2 of NW 1/4 of SW 1/4 SEC 11, TWP S0, RGE 26, Collier Co., Fl. same being 9.2 acres more or less. S 1/2 orS 1/2 ors 1/2 of SW 1/4 of NW 1/4 in SEC 11, TW'P 50, RGE 26 Collier Co, FI., same being 4.0 acres more or less. N 1/2 orS 1/2 of SW 1/4 of NW 1/4 andNE 1/4 of NW 1/4 and SE 1/4 of NW 1/4 and NW 1./4 of NE 1/3 and SW I/4 of NE 1/4 in SEC 11, TWP 50, RGE 26, Collier Co, Fl., same being 170 acres more or less. N 1/2 of N 1/2 of SW 1/4 of NW 1/4 in SEC 11, TWP 50, RGE 26, Collier Co., FI. same being 9.62 acres more or less. 1/2 luterest in the S 1/2 of N 1/2 of SW 1/4 of NW 1/4, SEC 11, TWP 50, RGE 26, Collier Co., Fl. 1/2 Iuterest in the S 1/2 of N 1/2 of SW 1/4 of NW 1/4 SEC 11, TWP $0, RGE 26, Collier Co, Fl, NW 1/4 of N'E 1/4 of NW 1/4 of NE 1/4, SEC 11, TWP 50, RGE 26, Collier Co., Fl., same being 2.5 acres more or less. OWNER/BENEFICIARIES Michael E. Townsend, Jr. Michael G. Hunter Nations Bank, N.A. and Alexauder Minella RSW Associates, Inc. and Robert S, Weiner. Lorretta and Douald Neff Andrew J. Saluan, Trustee Clyde C. Quinby, Trustee Garrett F.X. Beyrent Lena Scrofani Estate of Frank UYzi Emanuel Urzi, Administrator Timonthy Maloney FEB 2 Z 2000 PAGE 18 OF 18 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIE2, COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCO~O~ AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 061112; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE AND "A-ST" RURAL AGRICULTURE WITH SPECIAL TREATMENT OVERAY TO "PUD~ PLANNED UNIT DEVELOPMENT KNOWN AS THE SAN MARINO PUD FOR A MAXIMUM OF 352 MULTI-FAMILY RESIDENTIAL HOUSING UNITS FOR PROPERTY LOCATED ON THE EAST SIDE OF CR. 951 APPROXIMATELY 1.5 MILES SOUTH OF DAVIS BOULEVARD (SR. 84), IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 235+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., representing James D. Vogel, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the hereto described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 50 South, Range 26 East, Collier County, Florida, is changed fi.om "A" Rural Agriculture and "A-ST" Rural Agriculture with Special Treatment Overlay to "PUD" Planned Unit Development in accordance with the San Marino PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 061112, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. -1- FEB 2 2 SECTION Two: This Ordinance shall ~,ome effusive upon filing with the D~arUn~nt of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Assistant County Attorney PUD-99-22 ORDINANCFJmd ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN -2- FEB 2 2 SAN MARINO A PLANNED UNIT DEVELOPMENT PREPARED FOR: JAMES D. VOGEL LAW OFFICES 3936 TAMIAMI TRAIL NORTH SUITE B NAPLES, FL 34103 PREPARED BY: RWA, INC. 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FL 34104 RICHARD D. YOVANIVICH GOODLETTE, COLEMAN, & JOHNSON, PA 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED December 30. 1999 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER A C.~'~A ITF. M FEB 2 2 2OO~ TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE i ii 1 2 6 9 13 14 ITEM FF_.3 2 2 I o,. 4// LIST OF EXHIBITS EXHIBIT A EXHIBIT B PUD MASTER PLAN LEGAL DESCRIPTION AGENDA IT&M STATEMENT OF COMPLIANCE The development of approximately 235.3± acres of property in Collier County, as a Planned Unit Development to be known as the San Marino PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential and golf course facilities of the San Marino PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban Residential Fringe Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. o The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The 352 residential units on 235.3 acres will yield a projected density of 1.496 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required cdteda: Base Density Maximum Permitted Density 1.5 dwelling units/acre 1.5 dwelling units/acre o All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. FEE 2 2 2000 1.1 1.2 1.3 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the San Marino PUD. LEGAL DESCRIPTION The subject property being 235.3+_ acres, and located in Section 11, Township 50 South, and Range 26 East, and is fully described on Exhibit "B". PROPERTY OWNERSHIP The subject property is owned by: Property ID~: 00410760008 Michael & Teresa Hunter 960 Meadow Lark Ave. Miami Springs, Florida 33166-3219 Property ID~: 00411760007 Donald & Loretta Neff 9757 SW 1 ~ St. Plantation, Florida 33324-2314 Property ID~: 00410720006 Joseph Townsend 3255 Tamiami Trail North Naples, Flodda 34103-4106 Property ID #: 00411560003 NationsBank PO Box 4295 Sarasota, Florida 34230-4295 Property ID #: 00411600002 RSW Associates Inc. 2204 Paget Cir. Naples, Flodda 34112-4209 2 A~A IT-F..M FEB 2 2 2001] Property ID #: 00410640005 Andrew J. Saluan, Trustee 4173 Domestic Avenue Naples, Florida 34104 Property ID #: 00410840009 Clyde C. Quinby, Trustee 3785 Airport Pulling Road North Naples, Florida 34105 Property ID~: 00410880001 Clyde C. Quinby, Trustee 3785 Airport Pulling Road North Naples, Florida 34105 Property ID~: 00411240006 Clyde C. Quinby, Trustee 3785 Airport Pulling Road North Naples, Florida 34105 Property ID #: 00411320007 Andrew J. Saluan, Trustee 4173 Domestic Avenue Naples, Florida 34104 Property ID #: 00411440000 Andrew J. Saluan, Trustee 4173 Domestic Avenue Naples, Florida 34104 Property ID #: 00411640004 Maria V. Bonvie 5040 Harbortown Lane Fort Myers, Flodda 33919 Property ID #: 00410960002 Frank Urzi 17620 Atlantic Boulevard Miami, Florida 33160 Property ID #: 00410960109 Lena Scrofani 1009 Blossom River Way ~r236 San Jose, California 95123 AG~A ITEM FEB 2 2 2000 1.4 1.5 Property ID~ 00411200004 T. Maloney P.O. Box 8312 Naples, Flodda 34101 The subject property is under a contract to purchase by: C. V. Benton, Ph.D. The Club Estates, L.C. 4141 Isles of Capri Road Naples, Flodda 34114 James D. Vogel, Trustee 3936 Tamiami Trail North, Suite B Naples, Flodda 34103 GENERAL DESCRIPTION OF PROPERTY AREA Ao The subject property is located on the east side of County Road 951 approximately one and one-half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. The entire project site currently has Agricultural Zoning with a Special Treatment (ST) Overlay and is proposed to be rezoned to Planned Unit Development (PUD). PHYSICAL DESCRIPTION Generally the undeveloped site vegetation consists of pine flatwoods. The canopy is predominantly Slash Pine with Melaleuca invasion. There is cypress intermingled with the pine. The site has become overgrown with exotic vegetation. State jurisdictional wetlands are located within the site boundaries. Listed species have not been observed on the property. The project site is located within the County Road 951/Henderson Creek Canal Drainage Basin. Stormwater runoff from the site historically sheet flows south and west to the existing County Road 951/Henderson Creek Canal, which runs parallel to County Road 951 on the east side of the road. Once storm water enters the canal, it is reuted to the south ultimately discharging into Rookery Bay. Elevations within the project range from lows of 9.0 National Geodetic Vertical Datum (NGVD) within men-made drainage ditches to 12.5 NGVD in the spoil pile created by the construction of the County Road 951/Henderson Creek Canal. FEB 2 2 1.6 1.7 Natural grades range from 9.0 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone X" with no base flood elevation designated. According to the Collier County Soil Legend, dated January, 1990, there are four (4) types of soils found within the limits of the property: Chobee, limestone substratum and Dania Mucks depressional Hallandale fine sand Pineda fine sand, limestone substratum Boca fine sand PROJECT DESCRIPTION The San Madno PUD is anticipated to be a public golf course and a multi-family residential housing project with a maximum of three hundred fifty-two (352) units. It is anticipated that an estimated land use breakdown of the site would be as follows: 15 acres (6% of site) as lakes, 103 acres (44% of site) as preserves, 96 acres (41% of site) as golf course development, and 21 acres (9% of site) as residential development. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be very harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "San Marino Planned Unit Development Ordinance". FEB 2 2. 2000 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally descdbe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Ao Regulations for development of the San Madno PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic matedal presented depicting restrictions for the development of the San Madno PUD shall become part of the regulations, which govem the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code. This review will occur at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat and Construction Plans approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES FEB 2 2 Pg. 2.4 2.6 2.7 A maximum of 352 dwelling units shall be constructed in the residential areas of the project ama. The gross project area is 235.3 acres. The gross project density shall be a maximum of 1.496 units per acm. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses is iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the PUD site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAt The excavation of earthen matedal and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. AGENDA FEB 2 2 2.8 2.9 2.10 2.11 2.12 All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. Co Upon review and approval of a Commercial Excavation Permit as described in Division 3.5 of the Land Development Code, commercial excavation activities are allowed. This off-site removal shall meet any conditions placed upon approval of the Commercial Excavation Permit. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. OPEN SPACE REQUIREMENTS A minimum of sixty percent (60%) open space, as described in Section 2.6.32 of the Land Development Code. LANDSCAPING AND BUFFERING REQUIREMENTS As required within Division 2.4 of the Collier County Land Development Code, except that required landscaping for the PUD perimeter buffers located within Conservation Areas may be relocated within other areas of the Conservation Areas, with approval of the County Landscape Architect at the time of Site Development Plan approval. If landscape buffers are determined to be necessary adjacent to conservation areas, they shall be separate from conservation areas. ARCHITECTURAL STANDARDS All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and light colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape metedals shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. SIGN STANDARDS Signs shall be permiffed as allowed within Division 2.5 of the Collier County Land Development Code. AGEI~A ITr.,M FEE] 2 2 2C 30 3.1 3.2 3.3 SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential/Golf Course Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 352 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Bo Multi-family dwellings. 2. Golf courses. 3. Community centers/clubhouses. Any other principal uses deemed comparable in nature by the Development Services Director. Permitted Accessory Uses and Structures: 1. Customary accessory residential uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spe, and basketball/shuffle board courts. Managers' residences and offices, rental facilities, and model units. Water management facilities and related structures. A~,( IT~.M FEB 2 2 2000 3.4 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Gatehouse. Clubhouse, pro-shop, offices, cart storage facility, practice putting greens, ddving ranges and other customary accessory uses of golf courses. 8. Child-care facilities for on-site residents and their children. o Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10. Any other accessory use deemed compatible by the Development Services Director. DEVELOPMENT STANDARDS Ao Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right.of-way, from the edge of the pavement if the parcel is served by a non-platted drive, or from the road easement or property line if the parcel is served by a platted private drive. 1. Principal structures: (a) Yards along County Road 951 Canal Right-of-Way - Seventy- five (75) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures: (b) Yards from all other perimeter PUD boundaries - One half (1/2) the height of the structure but not less than twenty-five (25) feet. (c) Yards from back of curb or edge of vehicular pavement - Fifteen (15) feet. (d) Yards from the Preserve Area - Twenty-five (25) feel (e) Yards from the lake - Twenty (20) feet (measured from the control elevation for the lake). 10 FEB 2 2 2C00 Bo Accessory Structures: (a) Carports and garages are permitted within parking areas. (b) Yards from the perimeter PUD boundaries - One half (1/2) the height of the structure but not less than fifteen (15) feet. (c) Yards from any principal structures - Ten (10) feet, except for swimming pools and screen enclosures which have none. Distance Between Principal Structures: 1. Between one (1) story and one (1) story stnJctures - One half (1/2) the sum of their heights but not less than ten (10) feet. 2. Between one (1) story and two (2) story structures - One half (1/2) the sum of their heights but not less than fifteen (15) feet. 3. Between one (1) story and three (3) story structures - One half (1/2) the sum of their heights but not less than twenty (20) feet. 4. Between two (2) story and two (2) story structures - One half (1/2) the sum of their heights but not less than twenty (20) feet. 5. Between two (2) story and three (3) story structures - One half (1/2) the sum of their heights but not less than twenty-five (25) feet. 6. Between three (3) story and three (3) story structures - One half (1/2) the sum of their heights but not less than thirty (30) feet. Minimum Floor Area: One-bedroom residential units - Six hundred (600) square f~,et. Two-bedroom residential units - Eight hundred (800) square feet. thousand e Three-bedroom or larger residential units - One (1000) square feet. Maximum Height:. 11 .,,./?R FE[ 2 2 20O0 Eo For principal structures forty (40) feet or three (3) stodes, whichever is the most restrictive. Density The densities on all parcels throughout the PUD shall be at least 1.49 dwelling units per acre unless the owner of a parcel provides written notice to Collier County Development Services that he or she will accept a lower density on his or her parcel. 12 FEB 2 2 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit 'A', PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved a~ter Planning Services Environmental Staff review. Ali supplemental plantings within the Preserve Areas shall be 100% indigenous native species and may meet the minimum planting criteria set forth in Section 3.9.5.5.4 of the Land Development Code. 6. Any other use deemed comparable in nature by the Development Services Director. 13 FE3 2 2 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to set forth the commitments for the development of the San Madno Club PUD GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans, and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor, or assignee agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition any successor in title or assignee of the Developer is subject to the commitments within this PUD Document. PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/PUD MONITORING REPORT 14 FEB 2 2 2000 5.5 5.6 5.7 A Site Development Plan shall be submitted in accordance with County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitodn.q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING This project shall be required to meet all County Ordinances in eff~,ct at the time final construction documents are submitted for development approval. Design and constnJction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2., Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted pdor to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and South Florida Water Management Distdct Rules. UTILITIES Water distribution, sewage collection and transmission and intedm 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. Water facilities Ioopinf~ and stubs: The on-site water distribution system to serve the project must be connected to the Collier County Utilities water main on County Road 951, must be consistent with the water main sizing requirements s~ in the County's Water Master Plan, and shall be extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system. 15 5.8 5.9 Dead-end mains shall be minimized to the maximum extent practicable by looping the internal pipeline networks. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, at locations to be mutually agreed to by the County and the developer dudng the design phase of the project. Co Sewage system connection when interim sewage treatment plant utilized: 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 public rights-of-way. The force main must be extended from the main on-site pump station to the force main. It must be interconnected to the pump 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. TRAFFIC The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. The project's accesses shall be located and designed in accordance with the Collier County Access Management Plan. Future interconnections to and shared access with abutting properties shall be established where physically possible and financially feasible. Sidewalks and bicycle paths both along the County Road 951 right-of-way and within the project shall be provided as required by the Collier County Land Development Code, unless waived by Collier County Transportation Services. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic, or archaeological artifact is found, all development within the minin 16 5.10 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Flodda Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Any additional mitigation, that may be recommended by the Environmental Advisory Council (F. AC) and approved by the Board of County Commissioners, above that proposed with this petition shall be submitted with the Site Development Plan/Construction Plan Package for review and approval. All conservation areas shall be designated as preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Flodda Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. Co Buffers shall be provided around wetlands, extending at least fifteen (15) feet outward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall by submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. A minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on-site shall be retained, as required in Section 3.9.5.5.3 of the Collier County Land Development Code. A~A i¥~M ' FEB 2 2 2000 (0-1) (D-2) (0-4) (D-S) (D-~) (0-7) (0-6) (o-e) (o-lo) (o-11) (0-12) (D-tS) EIHIBIT DESCRIPTION: AS SUPI:~JED ~IY THE CLIENT TH[ NORTHF..AST 1./4 OF TH£ NC)~ST 1/4. Of' SFCTION 1 I. TOWNSHIP 50 SOUTH. RANGE 26 FAST. COLLIER COUNTY. FLORIOA. THE NORTHWEST I/4 C)~ THE NORTH~T 1/4 OF SECTK~ 11. TOWNSHIP' .50 SOUTH. RANGE 26 FAST. COLUER COUNTY, FLORtOA. THE SOUTHWEST 1/4 OF THE NORTHEAST I/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 FAST, COLLIER COUNTY. FLORiDa. ~ SOUTHEAST 1/4 OF THE NORTI'IWLrST 1/4 01r SECTK)N 11, TOWNSHIP 543 SOUTH. RANGE 26 EAS~, COUJER COUN1Y. FLOR~A. TH~ NORTH 1/2 OF THE NORTH 1/2 OF THE S,0UTHIII~ST I/4 OF THE NORTHWEST RANG~ 26 EAST, COLLIER COUNTY, lrLofl:lOA. LF..SS THE WEST 100 FEET FOR ROAD RtGHT-OF-WAY. THE SOUTH '1/2 OF THE NORTH !/2 OF THE SOUTHWEST 1/4 OF TH£ NORTHWEST 1/4 Of' SECTION 11. TOWNSH~ 50 SOUTH, RANGE 26 EAST. COL.UF_R COUNTY. FLORIDA. L/~S THE WI[ST 100 FEET FOR ROAO Rt0HT-OF-WAY. TH~ NORTH 1/2 OF SOUTH 'I/2 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 1 I, TOWNSHIP 50 SOUTH, R,U'~E 26 EAST. COLLIER COUNTY. FLORidA. THE NORTH I/2 OF THE: SOUTH 1/2 OF THE SOUTH 1/2 Of' THE SOUTHWZST 1/4 Of' THE: NORTHWEST 1/4. OF SECTK)N TCRtlNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, F'LOR~DA. SUBJECT TO: THE: RIGHT OF' WAY TO SR 951 AFIO TO A FLORIGA POWER AND LIGHT COMPANY EASEMENTS. THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 Of' THE SOUTt'R~ST 1/4 OF THE NORTHWEST 1/4 OF SECTIOe~ 11. TOWNSHIP 50 SOUTH. RANGE: 26 EAST. COLUER COUNTY, FLORIDA. SUS,JECT TO: TH~ RIGHT OF WAY F_ASEMF..NT TO SR g$1 AND TO A FLORIOA POWER AND LIGHT COMPA/~IY EASEMENTS. TI.~ NORTH I/9 OF THE NORTH I/2 OF THE NORTHWEST '1/4 OF THE SOUTHWEST 1/4 OF SECTION 11. TOWNSHIP 50 SOUTH, RA,NG,~ 26 EAST. COLLIER COUNTY, FLORIDA: LESS AND EXCEPT TH~ wEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. THE SOUTH 1/2 OF THE NORTH I/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST I/4 OF' SECTION 1 I, TOWNSHIP 5.0 SOUTH, ~ 26 EAST, COLUER COUNTY FLORIDA. ~rSS THE WEST 100 FEET. THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTt. I~Sl' 1/4 OF SECTION 11. TCRtlNSHIP SO SOUTH, LESS AND EXC~r.r. PT THE WEST 100 FEET FOR C.R. g51 RIGHT-OF-WAY. ~ NORTHWEST 1/4 Of' THE NORTHEAST I/4 Of' THE NORTHWEST 1/4 OF TH~ TOWNSHIP 50 SOUTH. RANG~ 26 EAST. COLLIER COUNTY. THE NORTH '1/2 OF THE SOUTHEAST I/4 OF THE SOU'n.,m[ST '1/4 OF THE ~RI'HW~ST 1/4 Of' THE NORTHF. AST 1/4 LESS THE: WEST 30 FEET ANO THE NORTH '1/2 Of' THE SOUTHWeST 1/4 OF THE SOUTHEAST '1/4 OF ~ ~ 1/4 OF THE ~K)R'THF. AST 1/4 LE. SS THE EaST TOg/NSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIOA. NOTES: SECTIG# 1 I. TO~/NSHIP SO SOUlH. S't's'rEu FOR THE ~ ~ ZONE:. FE3 2 2 2000 Pg .~ SAN MARINO A PLANNED UNIT DEVELOPMENT PREPARED FOR: JAMES D. VOGEL LAW OFFICES 3936 TAMIAMI TRAIL NORTH SUITE B NAPLES, FL 34103 PREPARED BY: RWA, INC. 3050 NORTH HORSESHOE DRIVE, SUITE 270 NAPLES, FL 34104 RICHARD D. YOVANIVICH GOODLETTE, COLEMAN, & JOHNSON, PA 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 WILLIAM L. HOOVER, AICP HOOVER PLANNING & DEV., INC. 3785 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 DATE FILED DATE REVISED December 30. 1999 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER Exhl3it "A" F~3 2 2 2000 TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE i ii 1 2 6 9 13 14 A~A ITi FEB 2 2 2000 Pg. LIST OF EXHIBITS EXHIBIT A EXHIBIT B PUD MASTER PLAN LEGAL DESCRIPTION STATEMENT OF COMPLIANCE The development of approximately 235.3+ acres of property in Collier County, as a Planned Unit Development to be known as the San Madno PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential and golf course facilities of the San Marino PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the Urban Residential Fringe Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. o The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The 352 residential units on 235.3 acres will yield a projected density of 1.496 dwelling units per acre, which is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Maximum Permitted Density 1.5 dwellin.q units/acre 1.5 dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. A~A IP-M FEB 2 2 2000 1.1 1.2 1.3 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the San Marino PUD. LEGAL DESCRIPTION The subject property being 235.3± acres, and located in Section 11, Township 50 South, and Range 26 East, and is fully described on Exhibit "B". PROPERTY OWNERSHIP The subject property is owned by: Property ID~: 00410760008 Michael & Teresa Hunter 960 Meadow Lark Ave. Miami Springs, Florida 33166-3219 Property ID~: 00411760007 Donald & Loretta Neff 9757 SW 1 =~ St. Plantation, Florida 33324-2314 Property ID~: 00410720006 Joseph Townsend 3255 Tamiami Trail North Naples, Florida 34103-4106 Property ID #: 00411560003 NationsBank PO Box 4295 Samsota, Florida 34230-4295 Property ID #: 00411600002 RSW Associates Inc. 2204 Paget Cir. Naples, Florida 34112-4209 2 FE9 2 2 2[;00 Property ID #: 00410640005 Andrew J. Saluan, Trustee 4173 Domestic Avenue Naples, Flodda 34104 Property ID #: 00410840009 Clyde C. Quinby, Trustee 3785 Airport Pulling Road North Naples, Florida 34105 Property ID~: 00410880001 Clyde C. Quinby, Trustee 3785 Airport Pulling Road North Naples, Florida 34105 Property ID#: 00411240006 Clyde C. Quinby, Trustee 3785 Airport Pulling Road North Naples, Florida 34105 Property ID #: 00411320007 Andrew J. Saluan, Trustee 4173 Domestic Avenue Naples, Florida 34104 Property ID #: 00411440000 Andrew J. Saluan, Trustee 4173 Domestic Avenue Naples, Florida 34104 Property ID #: 00411640004 Maria V. Bonvie 5040 Harbortown Lane Fort Myers, Florida 33919 Property ID#: 00410960002 Frank Urzi 17620 Atlantic Boulevard Miami, Florida 33160 Property ID #: 00410960109 Lena Scrofani 1009 Blossom River Way #236 San Jose, California 95123 FE3 2 2 2000 1.4 1.5 Property ID~ 00411200004 T. Maloney P.O. Box 8312 Naples, Florida 34101 The subject property is under a contract to purchase by: C. V. Benton, Ph.D. The Club Estates, L.C. 4141 Isles of Capri Road Naples, Florida 34114 James D. Vogel, Trustee 3936 Tamiami Trail North, Suite B Naples, Florida 34103 GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the east side of County Road 951 approximately one and one-half (1.5) miles south of the intersection of Davis Boulevard (State Road 84) and County Road 951, unincorporated Collier County, Florida. The entire project site currently has Agricultural Zoning with a Special Treatment (ST) Overlay and is proposed to be rezoned to Planned Unit Development (PUD). PHYSICAL DESCRIPTION Generally the undeveloped site vegetation consists of pine flatwoods. The canopy is predominantly Slash Pine with Melaleuca invasion. There is cypress intermingled with the pine. The site has become overgrown with exotic vegetation. State jurisdictional wetlands are located within the site boundaries. Listed species have not been observed on the property. The project site is located within the County Road 951/Henderson Creek Canal Drainage Basin. Stormwater runoff from the site historically sheet flows south and wast to the existing County Road 951/Henderson Creek Canal, which runs parallel to County Road 951 on the east side of the road. Once storm water enters the canal, it is routed to the south ultimately discharging into Rookery Bay. Elevations within the project range from lows of 9.0 National Geodetic Vertical Datum (NGVD) within man-made drainage ditches to 12.5 NGVD in the spoil pile created by the construction of the County Road 9511Henderson C~a~nal. ~ i 1'2..3 2 2 2000 4 1.6 1.7 Natural grades range from 9.0 Ft NGVD to 11.5 Ft NGVD. The entire site is located within Flood Zone X" with no base flood elevation designated. According to the Collier County Soil Legend, dated January, 1990, there are four (4) types of soils found within the limits of the property: Chobee, limestone substratum and Dania Mucks depressional Hallandale fine sand Pineda fine sand, limestone substratum Boca fine sand PROJECT DESCRIPTION The San Marino PUD is anticipated to be a public golf course and a multi-family residential housing project with a maximum of three hundred fifty-two (352) units. It is anticipated that an estimated land use breakdown of the site would be as follows: 15 acres (6% of site) as lakes, 103 acres (44% of site) as preserves, 96 acres (41% of site) as golf course development, and 21 acres (9% of site) as residential development. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be very harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "San Marino Planned Unit Development Ordinance". FEB 2 2 2000 2.1 2.2 2.3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally descdbe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the San Madno PUD shall be in accordance with the contents of this document, PUD- Planned Unit Development and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and graphic matedal presented depicting restrictions for the development of the San Madno PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code. This review will occur at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat and Construction Plans approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE 6 FEB 2 2 2.4 2.6 2.7 A maximum of 352 dwelling units shall be constructed in the residential areas of the project area. The gross project area is 235.3 acres. The gross project density shall be a maximum of 1.496 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses is iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of proposed infrastructure improvements. These instruments will provide for appropriate infrastructure dedications and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES Ao In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers can be placed on the PUD site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of the Land Development Code. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, 10% of the total volume whereby off-site removal shall be limited to excavated but not to exceed 20,000 cubic yards. FEB 2 2 2.8 2.9 2.10 2.11 2.12 All other provisions of Division 3.5, Excavation, of the Land Development Code shall apply. Upon review and approval of a Commercial Excavation Permit as described in Division 3.5 of the Land Development Code, commercial excavation activities are allowed. This off-site removal shall meet any conditions placed upon approval of the Commercial Excavation Permit. OFF-STREET PARKING AND LOADING REClUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. OPEN SPACE REQUIREMENTS A minimum of sixty percent (60%) open space, as described in Section 2.6.32 of the Land Development Code. LANDSCAPING AND BUFFERING REQUIREMENTS As required within Division 2.4 of the Collier County Land Development Code, except that required landscaping for the PUD perimeter buffers located within Conservation Areas may be relocated within other areas of the Conservation Areas, with approval of the County Landscape Architect at the time of Site Development Plan approval. If landscape buffers are determined to be necessary adjacent to conservation areas, they shall be separate from conservation areas. ARCHITECTURAL STANDARDS All buildings, signage, landscaping, and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and light colors throughout all of the buildings, signs, and fences/walls to be erected on the entire subject parcel, except for decorative trim. Landscaping and streetscape materials shall also be similar in design throughout the subject site. An architectural plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. SIGN STANDARDS Signs shall be permitted as allowed within Division 2.5 of the Collier County Land Development Code. FEB 2 2 2 30 3.1 3.2 3.3 SECTION III RESIDENTIAL/GOLF COURSE AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential/Golf Course Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 352 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings. 2. Golf courses. 3. Community centers/clubhouses. 4. Any other principal uses deemed comparable in nature by the Development Services Director. Permitted Accessory Uses and Structures: 1. Customary accessory residential uses and structures including carports, garages, and utility buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings, health club/spa, and basketball/shuffle board courts. Managers' residences and offices, rental facilities, and model units. Water management facilities and related structures. FE.9 2 2 3.4 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Gatehouse. Clubhouse, pro-shop, offices, cart storage facility, practice puffing greens, driving ranges and other customary accessory uses of golf courses, 8. Child-care facilities for on-site residents and their children. Small commercial establishments including gift shops, golf equipment sales, restaurants, cocktail lounges and similar uses, intended to exclusively serve patrons of the golf course or other permitted recreational facilities. 10. Any other accessory use deemed compatible by the Development Services Director. DEVELOPMENT STANDARDS Minimum Yards: Front yard setbacks shall be measured from the adjacent right-of-way line if the parcel is served by a public or private right-of-way, from the edge of the pavement if the parcel is served by a non-platted drive, or from the road easement or property line if the parcel is served by a platted private drive. 1. Principal structures: (a) Yards along County Road 951 Canal Right-of-Way - Seventy- five (75) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three (3) story structures: (b) Yards from all other perimeter PUD boundaries - One half (112) the height of the structure but not less than twenty-five (25) feet. (c) Yards from back of curb or edge of vehicular pavement - Fifteen (15) feet. (d) Yards from the Preserve Area - Twenty-five (25) feel (e) Yards from the lake - Twenty (20) feet (measured from the control elevation for the lake). 10 FEB 2 2 2COO 2. Accessory Structures: (a) Carports and garages are permitted within parking areas. (b) Yards from the perimeter PUD boundaries - One half (1/2) the height of the structure but not less than fifteen (15) feet. (c) Yards from any principal structures - Ten (10) feet, except for swimming pools and screen enclosures which have none. Distance Between Principal Structures: Between one (1) story and one (1) story structures - One half (1/2) the sum of their heights but not less than ten (10) feet. Between one (1) story and two (2) story structures - One half (1/2) the sum of their heights but not less than fifteen (15) feet. Between one (1) story and three (3) story structures - One half (1/2) the sum of their heights but not less than twenty (20) feet. Between two (2) story and two (2) story structures - One half (1/2) the sum of their heights but not less than twenty (20) feet. o Between (1/2) the feet. two (2) story and three (3) story structures - One half sum of their heights but not less than twenty-five (25) Between three (3) story and three (3) story structures - One half (1/2) the sum of their heights but not less than thirty (30) feet. Minimum Floor Area: 1. One-bedroom residential units - Six hundred (600) square feet. Two-bedroom residential units - Eight hundred (800) square feet. 3. Three-bedroom or larger residential units - One thousand (1000) square feet. Maximum Height: 11 FE3 2 2 238 ¢5'" Eo For principal structures forty (40) feet or three (3) stories, whichever is the most restrictive. Density The densities on all parcels throughout the PUD shall be at least 1.49 dwelling units per acre unless the owner of a parcel provides written notice to Collier County Development Services that he or she will accept a lower density on his or her parcel. 12 FEB 2 2 4.1 4.2 SECTION IV PRESERVE AREAS PLAN PURPOSE The purpose of this Section is to idenfi~ specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, may be approved after Planning Services Environmental Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species and may meet the minimum planting criteria set forth in Section 3.9.5.5.4 of the Land Development Code. 6. Any other use deemed comparable in nature by the Development Services Director. ]3 FEB 2 2 20,33 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to set forth the commitments for the development of the San Madno Club PUD GENERAL Ail facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans, and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor, or assignee agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition any successor in title or assignee of the Developer is subject to the commitments within this PUD Document. PUD MASTER PLAN Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries of special land use boundaries shall not be construed to be final and minor changes may be made at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/PUD MONITORING REPORT 14 FEB 2 2 2:30 5.5 5.6 5.7 A Site Development Plan shall be submitted in accordance with County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2., Subdivisions. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and South Florida Water Management District Rules. UTILITIES Ao Water distribution, sewage collection and transmission and intedm 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. Bo Water facilities Ioopin,q and stubs: The on-site water distribution system to serve the project must be connected to the Collier County Utilities water main on County Road 951, must be consistent with the water main sizing requirements specified in the County's Water Master Plan, and shall be extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system. FEB 2 2 5.8 5.9 Dead-end mains shall be minimized to the maximum extent practicable by looping the internal pipeline networks. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. Sewage system connection when interim sewage treatment plant utilized: 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 public rights-of-way. The force main must be extended from the main on-site pump station to the force main. It must be interconnected to the pump 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. TRAFFIC The applicant shall install arterial level street lighting at the project entrances, prior to the granting of any Certificates of Occupancy for the project. The applicant shall provide, if required by Collier County Transportation Services, both a northbound right turn lane and a southbound left turn lane at the project entrances, which shall be constructed during the construction of the project's access driveways onto County Road 951. The project's accesses shall be located and designed in accordance with the Collier County Access Management Plan. Future interconnections to and shared access with abutting properties shall be established where physically possible and financially feasible. Sidewalks and bicycle paths both along the County Road 951 right-of-way and within the project shall be provided as required by the Collier County Land Development Code, unless waived by Collier County Transportation Services. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a ~istori'c~p.r~ archaeological artifact is found, all development within the min ~ur~~i FEB 2 5.10 necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Co 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 shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Any additional mitigation, that may be. recommended by the Environmental Advisory Council (EAC) and approved by the Board of County Commissioners, above that proposed with this petition shall be submitted with the Site Development Plan/Construction Plan Package for review and approval. All conservation areas shall be designated as preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Flodda Statutes. Buffers shall be provided around wetlands, extending at least fifteen (15) feet outward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall by submitted to Current Planning Environmental Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. A minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on-site shall be retained, as required in Section 3.9.5.5.3 of the Collier County Land Development Code. l? FEB 2 2 [? FEi~ 2 7~ (0-2) (0-3) (0-6) (0-8) (0-9) (D-lO) (o-11) (D-12) (o-13) (D-14) DESCRIPTION: AS ~UPPLIED BY THE CLIENT THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNI~', FLORIDA. THE NORTHWEST I/4 OF THE NORTHEAST !/4 OF SECTION 11. TOWNSHIP ~0 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA. THE SOUTHWEST 1/4 OF THE NORTHEAST !/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. THE SOUTHEAST I/4 OF' THE NORTHWEST 1/4 OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26 EAS.T, COLLIER COUNTY, FLORIDA. THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST $/4 OF THE NORTHt~ST 1/4 OF SECTION 1 !, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS TH/ WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH I/2 OF TH/ NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SO¢.JTH. RAHCE 26 EAST, COLLIER COUNTY, FLO/~D~ LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE NORTH 1/2 OF SOUTH 1/2 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTH 1/2 OF THE SOUTH 1/2 OF TH[ SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1 I. TOWNSHIP §0 SOUTH. RANGE 26 FAST. COLLIER COUNTY. FLORIDA. SUSdECT TO: THE RIGHT OF WAY TO SR 9.51 AND TO A FLORIDA POWER AND LIGHT COMPANY EASEMENTS. THE SOUTH 1/2 Of' THE SOUTH 1/2 OF THE SOUIH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. SUOJECT TO: THE RIGHT OF WAY EASEMENT TO SR 951 AND TO A FLORIDA POWER AND LIGHT COMPANY EA.~EMENTS. THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST I/4 OF SECTION 11, TOWNSHIP SO SOUTH, R,~£ 26 EAST, COLLIER COUNTY, FLORIDA: LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 951 RIGHT-OF-WAY. THE SOUTH 1/2 OF THE NO~TH I/2 OF THE NORTHWEST I/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, LESS THE WEST 100 FEET. THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF TIlE SOUTHWEST 1,/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE: 26 FAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THE WEST 100 FEET FOR C.R. 9511 RIGHT-OF-WAY. THE NORTHWEST 1/4 OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER COUNTY. FLORIDA. THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST I/4 OF THE NORTHWEST I/4 OF THE NORTHEAST I/4 LESS THE WEST 30 FEET AND ~ NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAS~ 1/4 OF TIlE NORTHWEST 1/4 OF' THE NORTHEAST 1/4 LESS THE FAST TOWNSHIP 50 SOUTH, RANGE 26 FAST COLUER COUNTY. FLORIDA. NOTES: ac,~os ,a~ ~SEO O~ TH~ WEST L~ SECTIO~ 11. TOWNS~' ~O SOUTH. W~.4IGH IS NORTH AlaERICAN DATU~ OF' 1990 ADdUST&~:NT. STATE Fq..,~le SYSTEM FOR THE FLORIDA FAST ZONE. PARCEL CO~TA~NS 10,2S0,859 SQUARE FEET OR 23.5.33 .,~CRES. ~aORE OR LESS. FE3 2 2 The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 584 weekday trips at build-out in the year 2003. Based on staff's analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on Immokalee Road (CR-846). AZ a result, this petition i~ consistent with Policy 5.1 and 5.2 of the TCE. The current traffic count for the segment of CR-846 east ofi-75 is 21,874 and is operating at LOS "D". It should be noted that this segment is scheduled to be 4-1aned by 2000. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. Since the project is entirely surrounded by an existing residential community, no usable interconnection appears to be feasible. A discussion of compatibility refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The relationship of the PUD to existing land uses includes a compatibility study of density. The surrounding densities of the adjacent developments are as follows: The subject PUD is entirely surrounded by the Olde Cypress PUD which allows 1,100 units at a density of 2.2 units per acre. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent golf and residential land uses, the location of future dwelling unitg are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct single-family residential dwellings. Since the properties to the south and east are developed with single and multi-family dwellings, the PUD limits the maximum height to 35 feet. The PUD document also requires a front yard setback of 20 feet, a rear yard setback of 25 feet and 10 feet for side yards. It should be noted that the PUD development strategy does not allow for a mix of dwelling types such as: single family, two family and multi-family dwelling housing structure types. The proposed development standards are generally consistent with the standards for conventional single-family residential zoning districts and with the adjacent PUD zoning district. Therefore, staff is of the opinion that the proposed density of 1.5 units per acre is compatible with the adjacent properties. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. 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. 2000 The following impact fees will be applicable to this project: · Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilities: Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $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 $2,757.18 per unit. Since this project proposes 61 units, the total amount of residential impact fees collected at build-out will total $168,187.98. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban-Mixed Use, Urban Residential Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide for higher densities in areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. The district also permits non-residential uses such as agricultural uses, churches, schools, essential services, utility facilities, and recreational facilities such as a golf course. Therefore, this proposed PUD is consistent with the GMP. It should be noted that this rezone petition does nothing to impact any consistency relationship with the GMP. iTEM Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) could 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: Staff recommends approval of' Petition PUD-99-16 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Impact Statement (EIS) indicates that the subject property is a low quality wetland area that is heavily invaded by exotic Melaleuca. The Environmental staff has reviewed the EIS and their conditions of approval have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) reviewed this petition on January 5, 2000 and the have recommended approval by a 5 to 0 vote and subject to staff stipulations. This includes that the environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules. Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on February 3, 2000. By a vote of 8 to 0, the CCPC forwarded Petition PUD-99-26 to the Board of County Commissioners with a recommendation of approval subject to staff stipulations. The Planning Commission found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that no one spoke in opposition during the hearing and Staff has not received any calls opposing the petitioner's requested. As a result, this petition has been placed on the summary agenda. PREPARED BY: RAY BELL~OWS, PRINCIPAL PLANNER ~RENT PLANN~G SECTION ~o~Xk~fiX. Niffo, ~dCP, M~~ C~ 2A~G~: SECTION ROBERT J. MUBHE~, AICP, DI~CTOR PLA~G SERVICES DEP~TMENT V~CENT A. CAUTERO, ~CP, ~M~ST~TOR COMITY DEV. A~ E~IRO~ENTAL SVCS. PUD-99-12/EX SUM MARY/RVB~rb DATE DATE ~.'I. oo DATE DATE MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: JANUARY 14, 2000 PETITION NO: PUD-99-26, DAVINCI ESTATES IN OLDE CYPRESS PUD OV~'ER/AGENT: Agent: Mr. Robert Duane Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 Owners: H.B. Holdings Michael Bahms, President 1331 Old Oak Lane Naples, Florida 34110 REQUESTED ACTION: This petition seeks to have the herein described land rezoned from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development district to be known as the DaVinci Estates In Olde Cypress PUD. GEOGRAPHIC LOCATION: The property is located north of Immokalee Road (C.R. 846) and approximately 1.3 miles west of 1-75 and surrounded by the Olde Cypress PUD (Formally the Woodlands PUD) in Section 21, Township 48S, Range 26E. (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed 40.4-acre PUD is a planned residential development that is designed around four lakes totaling 5.92 acres. The residential lands are comprised of a singular 17.07-acre tract supporting single family residential dwelling units and recreational amenities. The site is entirely surrounded by the Olde Cypress PUD, which is presently under construction for a golf course and residential development. The petitioner has indicated that the primary objective is to develop a maximum of 61 single-family dwelling units, which results in a density of 1.5 units per acre. The PUD also indicates that 16.16-acres of open space areas and 0.93-acres recreational areas will be provided. Lastly, the subject site is accessed from an existing easement that provides access to Immokalee Road. This access easement is located on the southwest side of the subject PUD and connecting with Olde Cypress Drive within the Olde Cypress PUD (See Map "A"). LAND USE 8UMMARY RESIDENTAJL TRACTS 17.07i Ac. LAKES 5.g2+ Ac. LAKE MAINTENANCE EASEMENTS 2.03+ Ac. NATIVE V[GE'TATION B.21d: Ac. BUFFERS/REVEGE'rATED AREAS RECREATiON/RESIDENTIAL 0.9,3+ Ac. RIGHTS-OF-WAY §.21::t: Ac. TOTAL 40.,37::1: Ac. NOTE : TOTAL OPEN SPACE (EXCLUDING RECRE. ATI{:~I AREA) -- 16.15 Ac.d: EXCLUSIVE OF OPEN SPACE RETAINED ON INDIVIDUAL LOTS. 42.28~' 14.67% 5.03[ 20.34~; 2.30~ 15.38% 100~ LEGEND OPEN SPACE / REVEGETA'r'F...D AREAS *ACCESS IS SUBJECT TO AN ACCESS AGREEMENT ALLOWING LEGAL ACCESS TO OLDE CYPRESS. N 8e'05'47' E - ACCESS KECREATION/ KESIDENTIAL SIT~ $ a8'~'45' w - 1.121.48' ! LEGAL, ACCESS MAP "A" The proposed Alternate Access may replace the existing access easement once an agreement with the developer of Olde Cypress is obtained to allow access at the northeast corner of the site. SURROUNDING LAND USE AND ZONING; Existing: The entire 40.37-acre site is zoned "A" Agricultural and is currently undeveloped. Surrounding: North - A golf course and residential community that is presently under consmaction and zoned Olde Cypress PUD. The gross density of the Olde Cypress PUD is approximately 2.2 units per acre. East- A golf course and residential community that is presently under construction and zoned Olde Cypress PUD. South- A golf course and residential community that is presently under construction and zoned Olde Cypress PUD. West- A golf course and residential community, that is presently under construction and zoned Olde Cypress PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Residential Subdistrict that is intended to provide locations for the development of higher densities. This district permits a base density of four (4) dwelling units per acre pursuant to the Density Rating System of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A consistency analysis with applicable elements of the GMP is as follows: FLUE and Density_: The FLUE permits residential dwellings such as those units proposed for the La Sienna Estates PUD. The project density shall also be consistent with the Density Rating System contained in the FLUE and is based on a Base Density of 4 units per acre. The PUD document and Master Plan indicate that the prOJect is intended for 61 dwelling units at a density of 1.5 units per acre. It should be noted that the project densiW is 2.5 units per acre less than the base density of 4 dwelling units per acre the project is eligible to receive. As a result, staff is of the opinion that the requested density of 1.5 units per acre is consistent with the 4 units per acre the site is currently eligible to receive in this area. Traffic Circulation Element (TCE): The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 584 weekday trips at build-out in the year 2003. Based on staffs analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" ~ roadway volume) on Immokalee Road (CR-846). As a result, this petition is consistent with Policy 5.1 and 5.2 of the TCE, The current traffic count for the segment of CR-846 east ofi-75 is 21,874 and is operating at LOS "D", It should be noted that this segment is scheduled to be 4-1aned by 2000. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the TCE. Lastly, Policy 7.2 of the TCE encourages the interconnection of local streets between developments when feasible. Since the project is entirely surrounded by an existing residential/golf course community, no usable interconnection appears to be feasible. Conservation and Open Space ~ The PUD document indicates that a combination landscape, lakes, water management areas, and qualifying open space areas exceeds sixty (60) percent of the gross land area. The PUD will also achieve native vegetation preservation or re-vegetation requirements of th~ LDC and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management - Development of the land will proceed on the basis of connection to the CounD"s sewer and water distribution system. These facilities are to be designed, constructed, conveyed. owned and maintained in accordance with the Collier County Ordinance Number 88-76, Water management facilities will be constructed to meet County Ordinances and these will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discover3' shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL. TR_anNSPORTATION AN1) INFRASTRUCTLT, E: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of cr/tical concern. This primarily includes a review by the Community Developmeni Environmental and Engineering staff, and the Transportation Department. The Environmental Impact Statement (EIS) indicates that the subject property is a low quality wetland area that is heavily invaded by exotic Melaleuca. The Environmental staff has reviewed the EIS and their conditions of approval have been incorporated into the PUD document. The Environmental Advisory Commission (EAC) reviewed this petition on Januao' 5, 2000 and the have recommended approval subject to staff stipulations. This includes that the environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules. Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. Other jurisdictional staff members have also made recommendations for modification of PUD to ensure compliance with LDC requirements and these modifications have also been included in the revised PUT). Lastly, the Transportation Depaximent has recommended approval, ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determmanon 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 overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified dUnng 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. The 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 GMP in all of its related elements (See Exhibits "A" and Exhibit "B"). 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. This evaluation includes an analysis of past zoning actions in the prOject area. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship tO Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for urban residential purposes, and in fact the subject property is near existing residential lands to the north, south, east and west. The PUD Master Plan iljustrates a development permitting 58 single-family dwelling lots on a 17-acre tract. Since the PUD allows 61 units on the subject 40.37-acre site, the resulting project density of 1.5 units per acre is less than the possible eligible density of 4 units per acre. Therefore, the proposed project density is consistent with the FLUE. Relationship to Existing Land Uses: The subject PUD is entirely surrounded by the Olde Cypress PUD which allows 1,100 units at a density of 2.2 units per acre. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent golf and residential land uses. the location of future dwelling units are proposed to be integrated around the water management lakes and landscape buffers as depicted on the PUD Master Plan. The petitioner's stated intent is to primarily construct single-family residential dwellings. Since the properties to the south and east are developed with single and multi-family dwellings, the PUD limits the maximum height to 35 feet. The PUD document also requires a front yard setback of 20 feet, a rear yard setback of 25 feet and 10 feet for side yards. It should be noted that the PUD development strategy does not allow for a mix of dwelling ~"pes such as: single family, two family and multi-family dwelling housing structure Lypes. The proposed development standards are generally consistent with the standards for conventional single-family residential zoning districts and with the adjacent PUD zoning district. Therefore. staff is of the opinion that the proposed density of 1.5 units per acre is compatible with the adjacent properties. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwelling types with adjacent land areas. Traffic Circulation: The Olde Cypress PUD Master Plan provides an access easement for legal access to the subject site. Access is shown conceptually in the northeast comer of the project, with access provided via Olde Qvpress Drive within the Olde C.vpress development. Utility. Infrastructure: Both a public sanitaw sewer and municipal water supplies are available to the property. and will be extended as a consequence of future platting. All' development must comply with surface water management requirements invoked at the time of subdividing or SDP approval. Community Services: The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Immokalee Road. Shopping centers and medical offices of various specialties are all within a short driving distance. Regarding the matter of timing, it should be appreciated that urban residential and commercial development has been approved within the immediate area. 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 GMP. ~ddressing land uses and development standards and development commitments. · of the recommendations of reviewing staff. PUD Document and Master Plan: The PUD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions covering references to GMP and LDC, format for The PUD also contains all The development standards regulating the placement of residential structures for individual lots are similar to the standards commonly employed in other PUD's, that by actual development practice has produced aesthetically pleasing communities. The PUD Master Plan is designed around a primary access point onto Livingston Road To ~mprove the relationship with adjacent land uses, the location of future dwelling units have been integrated around a lake and landscape buffers as depicted on the Master Plan. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-99-26 subject to the conditions that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: LO S, PRINCIPAL PLAN~gER CURRENT PLANNING SECTION DATE DATE ROBERTJ. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT AP?R .... VINCENT A. CAUTERO, AICP. ?Z)MINISTRATOR DATE COMMUNITY DEV. AND EN'vTRONMENTAL SVCS. Petition Number: PUD-99-26 Staff Report for February 3, 2000 CCPC meeting. COLLIER~ ?LANNIN.~;//Cj;O MMI S $ I ON: RUSSELL ~. BUND, CHAIRMAN PUD-99-26/STAFF REPORT/RVB/rb FINDINGS FOR PUD PUD-99-26 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Development of land with access to local and arterial roads are suitable for single family uses. Con: Existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. F_Ja.0Jagl Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Evaluation not applicable. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" m Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the GMP. Con3 None. Eia.0.iRgl The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses at a density of 1.5 units per acre that is consistent with the Future Land Use Element (FLUE) of 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: The PUD has been designed to provide similar development standards as the approved PUD developments in the area. In addition, landscaping and buffering has been provided to buffer the adjacent residential tracts. Con: None. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are .automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary_ Finding: Timing of development in light of concurrency requirements . .not automatically triggers the mechanism for ensuring that further LOS degradation allowed. The abiliW of the subject properW and of surrounding areas to accommodate expansion. Pro: This petition seeks fill the hole within the surrounding Olde Cypress PUD zoning district. In addition, this project will not adversely impact any adopted level of service standard. Con: None. Summary_ Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property, relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. ConformiW with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-99-26/RVBrb REZONE FINDINGS PETITION PUD-99-26 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: (i.) The subject property is located within the Mixed Use Urban Residential District on the FLUE of the Growth Management Plan. (ii.) Development Orders deemed consistent with all applicable elements of the ~ FLUE of the GMP should be considered a positive relationship. Con: None Summary_ Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The densiW permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (a more detailed study is contained in the staff report.) Summary Findings: The subject PUD is surrounded by the Olde Qvpress PUD that allows residential and golf course uses. ge The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size (40 acres) and is adjacent to an existing residential development. EXHIBIT "B" Con: None. Summary_ Findings: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary_ Findings: The boundaries are logically drawn by virtue that the subject PUD fills the hole within the Olde Cypress PUT) that allows residential land uses. Whether changed or changing conditions make the passage of the proposed amendment necessa~. Pro: The proposed zoning change is appropriate based on the approved residential land uses surrounding the site and because of the subject PUD's. relationship to the GMP is a positive one. Con; None. Summary_ Findings: Consistent with the FLUE and Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. landscaping) made as a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the east of the project. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary_ Findings: in the neighborhood because the recommended development standards and conditions for approval have been promulgated and designed to ensure the least of adverse impact on adjacent and nearby developments. The proposed PUD will not adversely influence living conditions other 2 Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (ii) The property has access to a public road thereby providing access to the arterial road network over which traffic from this development will draw and defuse traffic. Con: (i) As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short nm construction traffic made necessary for development may be irritating to local residents. Summary_ Findings: Evaluation of this project took into .account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con; (i) Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary_ Findings: Every project approved in Collier County involving the utilization of land is scrutinized and required to mitigate all sub-surface drainage generated by developmental as a condition of approval. This project was reviewed for drainage, design and construction plans are required to meet County standards. ]'~-'~-~71'~?-='' 10. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the south. In addition, the maximum height for the structUres as provided for in the PUD is similar to the maximum height permitted within the nearby projects. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. 11. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. Summary_ Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 4 12. 13. 14. 15. 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. Summar3' Findings: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting Zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 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 can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the oppommity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that is compatible with surrounding and approved PUD property, in size and scale. Con: Existing neighbors within the adjacent subdivision to the west feel that the proposed change is out of scale with the neighborhood. Summary. Findings: The subject PLrD complies with the Growth Management Plan while the intensity, of land uses is deemed acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary_ Findings: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezonmg decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infi-astructure and to some extent the timing of the action and all of the above criteria. 16. 17. REZONE 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: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findings; The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier CounW Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary_ Findings; A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petitions and have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. FINDINGS PUD-99-26/RVB/rb APPLICATION FOR PUBLIC HEARING FO~:,PUD REZONTE Cornmksion Disa-icn Date Petition Planner Assizned: ABOVE TO BE COMPLETED BY STAFF General Informau.'on: Name of Appiicam(s) H.B. Holdings Applicant's Mailing Address 1331 Old Oak Lane Naples State FL Zip 34110 .%oolicant's.. Telephone = ~ 941-513-1346 Fax # Name of Agent Robert Duane Firf~ HSle, Montes & Associates, Inc. Agent's Maiiiug Address 715 Tenth Street South CiW. Naples Stale FL Zip 34102 Agent's Tcicphone# 941-262-4617 FaX# 941-262-3074 COLLIER COU1Nq'Y COM]ifUNITY DEVELOPSfENT PLA/XqXqlNG SERVICES/CT1RRENT PLANI%q!NG 2800 N. HORSESHOE DRI%~NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATIOW FOR PIrBLIC .qT a, RI'~G II'OR PUD REZONE PAGE Disclosure of Interest Information: If thc property is owned fee simple by an INDIVIDUAL, tenancy by thc entirety, twnancy in cOmmoI1, or joint tenancy, ligt all parties with an ownership interest m~ well as the percentage of such intere~ (Use additional shee~s if necessary). ~amc and Add.tess Pereentmgc of Owmcr~h~ bo If the property is owned by a COR.POP, ATION, list the officers and stockholders and the percentage of stock owned by each. Name and Addrc~z, and Office Brett Hobden 5ichael Bahms Luke O'Lou~hlin Michael Kettenring Pcre~.nmgcofS~k 32.5% 32.5% 30.oz 5.0% If the property is in the nme of a TRUSTEE, list the beneficim-ies of the ~'ust with the percentage of interest. Name and Add.r~ Percen~g¢ of Iutcrest .M~PLICATION FOR PUBLIC I~EARING FOR PUD REZONE do If the property is in the name of a GENERAL or LIMITED P.a~KTN'ERSHIP, list the name of the general and/or limited parmers. Name and Address Pmtage of I-f there is a CONTRACT FOR PURCHASE, with an /.ndiv/dual or/ndiv/duals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Pereentat, e of O~aership Date of Contract: If' any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address list all g. Date subject property acquired ( ) leased ( ): Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date .4.PPLICATION FOR PUBLIC HEARING FOR PUD REZONE and date option PAGE 3 OF 16 ho Should any changes of ownership or changes in conmac~ for purchzse occur subsequent to thc dat~ of application, but prior to thc date of the final public h~-ing, 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_ cover~ by the application: Jif spac~ is inadequate, attach on $~aram page.) If nxtu~ involves change to more than one zonl-g district, include sc'-pam~ legal d~ription for property involwd in each district Applicant shall submit four (4) copi~ of a re. corot smwey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application m~tiug. NOTE: The appMcant is responsible for supplying the correct legal description. If questions arise concerning, the legal description, an engineers certification or sealed survey may be required. S~tio~ 21 Township: 48 S Rallge: 26E Lot: N.A. Block: Subdivision: Pla/Book N.A. Page #:__ Property I.D.#: 00186640009 Metes&BoundsDescfiption: see attached legal description Size of property: 1,322 fLX1,330 fL =TotalSq. Ftl,758,260 Acres 40.4 Address/general location of sub_iect property: north side of Immokalee Road, 1.5 miles east of 1-75 and 3/4 mile§ north of Immokalee Road, Ad_iacent zoning and la0d use; Zoning Land use N PUD Golf S PUD Golf E PUD Golf W PUD. course/residential course/residential ~ourse/residential Golf course/residential APPLICA~?ION FOR PUBLIC H£ARIY4G FOR PUD R~ZO~ - $~9~ PAGE a OF 16 Do~s the owner of the subject property own property contiguous to the subject property? If so, g/ye complete legal description of entire cont/guotm property. (If space iz inadequate, attach on separate page). Section_' N/A Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: o RezoneRequest: This application is requesting a rezone from the zoning district(s) to the PU~) zoning dizzier(s). Present Use of the Prope~/: vacant, A Proposed Use (orrange of uses) of the property: . residential sinKle family Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of th~ Coil/er County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commigsion's recommendation to the Board of County Commi~sioncm shall be based upon consideration of the applicable criteria noted below. Prov/de a narrative statement describing the rezone request w/th specific reference to the criteria noted below. Include any back-ap matcrials and documentation in support of the reque~_ Standard f?~one Conxiderations FLDCSec~ion 2. 1. Whether the proposed ahange will be consistent with the goals, objectives, and potiaies and fiaure land use map and the dements of the growt3 management plar~ 2. 27~ e. rZsting land use patt~n. APPLICATION FOR PIrlILIC HE.ad~IY~G FOR PUD REZ,ONE - possible creation of an ixolated dixtr~'ct unreIazed to adjacer~ and PAGE 5 OF I6 10. Deed Restrictions: The County is legally precluded from enforcing de, ed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property omc'rs association in the area for which this use is being re, quested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous laud use petitions on the subject property_: To your knowledge, h~,.q a public hearing been held on thi.q property within the last year? If so, what was the namm of that' hearing? 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deem~ sufficient, unless othcrw/se waived during the pre-application m~dng. a. A copy of the pre-application meeting notes; If th/s rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8V," x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and e_m-ess to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parldng 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 servi~s to the site), · proposed and/or existing landscaping and buffc~ag as may be required by the z. An architectural rendering of any proposed structures. An Environmental Impact Statement (ELS), as m:luired by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. APPLICATION FOR PUBLIC FI'EARING FOR PUD RE'/,ONE - S/~l~ STATEMENT OF UTILITY PROVISIONS FOR PUD NAME OF APPLICANT: H.B. Holdings MArl .lNG ADDRESS: REZONE ]tEQUEST CITY STATE ADDRESS OF SUBJECT PROPERTY (IF AVAIl.ABLE): N/A 4. LEGAL DESCRIPTION: Section: Lot: N/A Plat Book 21 To.reship: 48s Range: Block: Subdivision: N/A Page #: Property LD.#: Metes & Bounds Description: 26E 00186640009 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTELITY SYSTEM ¢. FRANCHIRED UTILITY SYSTEM PROVIDE NAME ct. 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 lYrrlJTY SYSTEM PROVIDE NAME ct. PRIVATE SYSTEM (WELL) APPLICA'r'ION FOR PUBLIC HEAR~G FOR PUD RF_.ZO~ - 5F)~ [] [] [] PAGE 13 OF 16 7. TOTAL POPULATION TO BE SERVED: 174 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 47.8 gpm AVERAGE DAILY B. SEWER-PEAK 62.6 gpm AVERAGE DAILY 27,546 gpd 21,630.gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of 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. 11. 12. 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 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. UtiliO,.' Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 We/I, Y~chael Bahms being first duly sworn, depose and say that we.// am/are the owners of the property described herein and which is .the subject matter of the proposed hearing; that all the answers to the questions in this applican'on, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and beJi~. Well understand that the information requested on this application must be complete and'ac, curate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Robe ct Duane as our/my representative in any matters regarding this Petition. .~ - Signature of Property Owner Signature of Property Owner to act Typed or Printed Name of owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this ~ ~ day of ~:~k,~.~ 19 q.~ , by ~") ~a.~-,o.~2~..~ ~'~_~....% who is personally kn-~-n to me or has prod~t~'~d ~=: L~ xC23 x~\~,'C,,~'~ L.~ ~__ex,~zs identification. State of Florida County of Collier x~ull~re of ~~bIic - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) · APPLICATION FOR PUBLIC HEARING FOR PUD REZONE Thad D. KirkDat. rick, AIzy. Cummings 8[ Lockwood Naples, Florida 34103 Pro~r~ ~dendficazlo~ Numar:. 001866¢0009 / WARR~NT~ DEED THIS DEED, made this S"~I~ay ¢~, 199~, beaeeen WALTER F. ~UTSCHE~ ~. ~SCHE~, hucand and ~e, ~ ad¢~ b 21~ ~¢i~ ~, N~le, FL ~4105, ~n~o~, and H B HO~INGS OF SOUTHW~ FLO~DA, ~C a FI~ II~ ~11~ ~mD~, is 1331 Old Oak Lane, Naples, FL 34110 WlTNESSETH, Tha: said ~rantors, for and in consldera~on of $3,$OO,OOO.00 and other good and valuable consideration co said ~antors in hand I~aid by the grantee, the receipt whereof Is hereby acknowledged, have granted, bargained and sold [o said granzee, and the grantee's successors and assigns, forever, the following described proDerty located In COLLIER County, Florida, to wl~: The Eas~ % of the Southwest '4 of the Northwest '4 and the West ½ of the Southeast '4 of the NorThwest ~ of Secdon 21, Township 48 South, Range 26 Ea~ Collier County, Florida; cogether wl~h those cenmin access easeme~s aoourtenanc co said propegt'y and more particularly de~ribed In inso'ument recorded az O.R. Boo~ 2420, Pages 2388, et Pubfl<: Recor~ of Cz)ilia' C. oun~, Florida, ;md in ~ certain a~t; ~ ~ Olde C/Dress De.~lol~mt, Lt41., a Fiorlda Iimked parmers~lp to Walter F. ICutscfle~a and Haria lW. Kutschera, husband and wif~, recorded ln the Publlc Records of Colller County, ~ ~ ~. Florida contemporaneously witfl the deed amnsferrtng the above m'oge~ty~e, from Walter F. Kuts~hera and IWaria IW. Kutschera, husband and wife, co H B Holdings of Sou~wesz Florida, LLC. Subject to taxes for 19~9 and subsequent years; o11, g:u and mineral re. se~razions of record; and zoning, building code and other use reslFa-.U~ Imi~sed by governmem31 authority. And said 8ram. o~ do hereby fully w~,,-,sr~ the tide to said land and will defend ~ me agailUI the lawful claims of any persons whatsoever. IN WITNESS WHEREOF, the said grar~tors have caused these presents to be executed fn their names on the day and year first above written. Wi~es~/1~ all grantors: P~,~ ~..,~,. ~, l'-.'.'.'.'.'.'.'.'/~.~ ~;.~/,-.~ /.-.,h / / STATE OF FLOEIDA COLLIEE COUN~ HARIA M. ICUTSCHEICA I certify that on this day, before me, an officer duly authorized In the sr3~e and In ~ne county afore~id to take acknowledgmenu, personally appeared WALTER F. KUTSCHEP. A and MARIA 1,1. KUTSCHERA, hu~and and wife, i~rsonally known to me, :.' =~-~;.;;;.;:d.".'-,'_.~ &-~_-,~=a;- '~,~, idem~qteal~7, and who executed the fore~n~ lnstrume, t for t~e purposes merein emn;ssed. Wkness my hand and official seal In ~e county and state aforesaid this ~,,f day of March, 1999. .- ~ ' / HO'~AR¥ PUBLIC ~ Prepared by: ~I'^NLEY ^. HCDONALD, ^[~. "'o~- CNTY' '""" I \ ' 'F~ ',;IT£ ~ ~ 32 063 ~ 25~ ~,~, , ~,~X~'~L ~ ~ ~ ~~ - o zooo ~ooo - ~' ~ ~EN GA~ ~E~ SITE~ , R.~D. , ~ ,~9.1~ ~ MAP ~'~ :~f.. ~ ,,,_.. 715 I~h $t~et S., Naplel, ~ 34102 - Phone : (g41) 262-4617 J. --. Item IV.D. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY $, 2000 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: (.,~o~ ~&~: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development No. 99-26 La Sienna Estates in Olde Cypress H.B. Holdings Hole Montes & Associates, Inc. Kevin L. Erwin Consulting Ecologists, InC. II. LOCATION: The subject property is located completely within the Olde Cypress PUD.. The property is approximately two mile east of 1-75 on the north side of Immokalee Road, within Section 21, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The petitioner proposes to construct single family homes on a forty acre tract inside the boundaries of the Olde Cypress PUD. This project will have access through the Olde Cypress PLq2). ZONING DESCRIPTION PUD - Olde Cypress Residential and Golf Course PUD IV. PROJECT DESCRIPTION: The proposed La Sienna PUD lists residential as a permitted use and single family and multi-family as permitted structures. The petitioner is requesting 61~ dwelling units at a density of 4 units per acre. The subject PUD encompasses a land area of approximately 40-acres, of which 18.23-acres is for the residential tracts while 5.92- acres have been designated for lakes and 6.97 acres is for the buffer and re- vegetated spaces. The right-of-way areas will encompass 6.20 acres along 1.01-acres for recreation space. The Master Plan indicates that the only access to',;a EAC Meeting .............................................................................................. January. 5, 2000 PUD-99-26 Page 2 of 7 the residential development will be from Immokalee Road (an arterial road) via Olde Cypress Drive within the Olde Cypress PUD. No ingress/egress is proposed from any other road. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject residential site is located within the Urban-Mixed Use District, Urban Residential Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GIMP). A consistency analysis with applicable elements of the GMP is as follows: Future Land Use Element - This residential PUD consists of approximately 40- acres that is designated Urban Mixed Use. A description of Urban Mixed Use District in the FLUE advises that residential uses be permitted at a base density of 4 units per acre. This district also permits certain nonresidential uses including schools, churches, cemeteries and childcare facilities. Therefore, the proposed residential uses at 4 units per are consistent with the Growth Management Plan. MAJOR ISSUES: Water Manaeement: This project completes the "Hole in the Donut" of Olde Cypress PUD (a.k.a. The Woodlands PUD). It will be served by the infrastructure of Olde Cypress PUD. The water management system is a standard configuration consisting of a series of interconnected lakes to provide water quality retention and peak flow attenuation. The project will require a modification to the South Florida Water Management District Surface Water Management Permit for the Woodlands. Environmental: Site Description: The subject property is an undeveloped 40+ acres parcel with 100% of the site being claimed as jurisdictional wetlands. The entire site has been impacted by exotics varying from approximately 50% to greater than 90% coverage. The majority of the site (36.5 acres) is cypress/pine/cabbage palm canopy with melaleuea and cypress in the mid-story. There are two soil types 'found on site. They are' "Basinger fine Sands" a~d'~~ "Boca, Riviera, Limestone substratum and Copeland Fine Sands Depression4". These two soil types are both classified as hydric, by the Collier Soil and Wac/er ~...~,~ EAC Meeting .............................................................................................. January 5, 2000 PUD-99-26 Page 3 of 7 Conservation District. A detailed description of both soils can be found as an exhibit to the EIS. Wetlands: The entire 40 acre parcel is jurisdictional wetlands. The FLUCCS map for this site identifies two categor/es. The majority, over 90% of the site or 36.5 acres, is cypress/pine/cabbage palm with and mid-story of cypress and melaleuca and swamp fern and melaleuca saplings as the ground cover. The remaining 4 acres is cypress with varying degrees of melaleuca coverage. The canopy and mid-story is dominated by cypress and melaleuca. Other species included wax m,vrtle and Brazilian peppy. Swamp fern and smilax covered the ground as well as a thick layer of pine needles and leaf litter. The subject property, is located in the western portion of the historic drainage patterns from the Corkscrew Swamp to the Gordon River. Historical flow ways, water depths and hyroperiods have been greatly altered by surrounding development and agriculture. The following discussion of the existing and proposed wetlands and the associated impacts are directly from the consultants EIS. "The hydrology of the 40.4 acre site has been permanently altered by the development of the surrounding residential development (Olde Cypress). When the project (a.k.a. The Woodlands) was first reviewed in the early 1980's, several wetland preserves were located in the western portion of the section. One preserve was the continuation of the 3.9 acre disturbed cypress in the west edge or the La Sienna property. In the early and mid 1990's, The Woodlands site plan was permitted by the federal, state and regional wetland permitting agencies. During the permitting process the applicant and agencies realized that due to off- site drainage influences the wetland preserves in the western portion of the Woodlands were not viable. All of the wetland preserves were relocated to the eastern third of the section. The developments (golf course, home sites, roads, and surface water management features) were relocated to the western two-thirds of the section. The fill associated with the Olde Cypress development has completely blocked the human-induced sheet flow from the north that has helped sustain the wetlands on the La Sienna property since the 1970's. These wetlands are now totally dependent on rainfall and ground wate, as the only source of water. The combined effects of the canal and surrounding developments maintain ground water below grade for a majority of the year. The site is currently inundated or! saturated to the surface for brief periods following heavy rainfall events. The EAC Meetmg .............................................................................................. January 5, 2000 PUD-99-26 Page 4 of 7 remnant hyrological indicators described above therefore do not accurately reflect current and future undeveloped site conditions." Ninety-two percent (92%) of the wetlands will be impacted, leaving the remaining 8% in perimeter edges and interior pieces. All wetlands will be mitigated for off site, through the SFWMD Environmental Resource Permit (ER/') process. It is anticipated that the mitigation will be accomplished through the purchase of credits from a permitted wetland mitigation bank in Collier County. If that is not approved then the owner will purchase and restore or enhance wetlands in the area or near publicly owned lands. Preservation Requirements: The proposed development is required to preserve 25% of the existing native vegetation on site. It may be mitigated for by recreating all three .strata, using larger plant material in accordance with Section 3.9.5.5.4 of the CCLDC. Nearly all of the wetlands on site will be filled to facilitate the project. A small portion (3.4 acres) of the existing wetlands will be retained and possibly enhanced to provide for a part of the preservation requirement. The remaining vegetation will be replanted in small areas (20 foot wide strips) between lots and adjacent to lots or lake areas. A minimum of 8.2 acres of native vegetation shall be retained or recreated for this PUD. Listed Species: Craig Smith of Kevin Erwin's office conducted a thorough wildlife species survey. Thirteen squirrel nests were located on site. Based on the size of the nests, it was determined that the majority of them are likely to be eastern gray squirrel nests. A more complete survey will be conducted to establish how many of the remaining nests are Big Cypress fox squirrels. Staff observed Big Cypress fox squirrels on the edge of the property, during the site visit with the consultant. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. 99-26, "La Sienna Estates in Olde Cypress PUD", with the following stipulations: Water Management: The project must obtain a South Surface Water Management Permit. Florida Water Management District EAC Meeting .............................................................................................. January 5, 2000 PUD-99-26 Page 5 of 7 Environmental: In Section 4,11 Native Vegetation, of the PUD document, replace "seventy- five (75)-percent" with "ninety (90) percent". Under Section V. 5.3 in the PUD document, the "Buffer Space/ Re- vegetated Areas" shall be renamed 'Native Vegetation Buffers/Re-vegetated Areas". The associated acres shall be amended to read 8,2, instead of 6.97. The percent shall be amended from 17.27% to 25%. Replace Section VI Environmental Standards 6.2 in the PUD document with the following language, "Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands." Replace Section VI Environmental Standards 6.3 in the PLq) document with the following lan~age, "This PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval." Revise the acreage figure in Section VI Environmental Standards 6.4 in the PUD document, from "...7.0 (seven) acres of native vegetation..." to "... 8.2 (eight point two) acres of native vegetation...". Add the following stipulation to Section VI Environmental Standards in the PUD document, "A habitat management plan for Big Cypress fox squirrel, shall be submitted to Collier County Planning Services environmental staff for review and approval, at the time of the next development order submittal. Technical assistance will be requested of the appropriate State or Federal Agencies in reviewing this document." The petitioner shall replace the PUD Master Plan with the revised plan which was submitted to staff, dated 11/99; showing 8.2 acres of Buffer and Native vegetation. Revise the language on the Master Plan. Buffer Space/ Re-vegetated Areas" shall be renamed "Native Vegetation Buffers/Re- vegetated Areas". EAC Meeting ..... January 5, 2000 PUD-99-26 Page 6 of 7 PREPARED BY: // STAN CHRZANOWS,}~, P.E. DATE SENIOR ENGINEER-- BARBARA S. BURGESON ~ SENIOR EN'VIRONMENTAL SPECIALIST / 2.-9- qg, DATE EWED BY: CURRENT PLANNING MANAGER DATE · THOMAS E. KUCK, P.E. ENGINEERING REVIEW MANAGER DATE B SB/gdh/c: LaSiennaStaffReport ORDINANCE NO. 2000- AN ORDi-N.~NCE AMENDING ORDIN?dgCE NLblBER 91 - 102 THE COLLIER COUNTY L)uND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORDA BY AMENT)ING THE OFFICIAL ZONING ATLAS MAP NUMBER 86-~1N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTUSLE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN' AS DA VINCI ESTATES IN OLDE CYPRESS FOR A MAXIML~,I OF 61 DWELLING UNITS '~=C5~, PROPERTY LOCATED NORTH OF LA, EMOKALEE ROAD (C.R. 846), APPROXblATELY 1.3 MILES WEST OF 1-75, LOCATED 1N SECTION 21, TOWNSHIP 48 SOUTH, ILauNGE 26 EAST, COLLIER COUhNTY, FLORIDA, CONSISTING OF 40.4_+ ACRES; ,AND BY PROVIDING AN EFFECTIVE DATE. \X,~EREAS, Robert Duane, of Hole, Montes & Associates, Inc., representing H.B. Holdings, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAIN'ED by the Board of County Commissioners of Collier Count.,,'. Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 21. Township 48 South, Range 26 East. Collier Count.,,', Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Da Vinci Estates in Olde C.vpress PLT) Document. attached hereto as E~:hibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8641N, as described in Ordinance Number 91-I02. the Collier Count.',' Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED ANT) DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency '%' .~r. ,~- C.'_ .,_~ ' !. ,. --4. t_..~ ..... Marjorie M. Student Assistant County Attorney g, admln ORDINANCEYUD-99-26,RB ts · 2000. BOARD OF COUi'NTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTA~NTIN'E, CHAIRMAN' -1- A~A ITr-J~ DA VINCI ESTATES IN OLDE CYPRESS A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 January, 2000 HMA File No. 1999011 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No.' Amendments & Repeals TABLE OF CONTENTS Page SECTION I - Statement of Compliance .......................................................................................... 1 SECTION II - Property Ownership, Legal Description, Short Title, and Statement of Unified Control ................................................................................... 2 SECTION III - Statement of Intent and Project Description ........................................................... 3 SECTION IV - General Development Regulations ......................................................................... 4 SECTION V - Permitted Uses and Dimensional Standards ............................................................ 7 SECTION VI - Environmental Standards ...................................................................................... 10 SECTION VII - Transportation Requirements .............................................................................. 11 SECTION VIII - Utility and Engineering Requirements ............................................................... 12 SECTION IX - Water Management Requirements ....................................................................... 14 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description SECTION I Statement of Compliance The development of approximately 40.37 acres of property in Collier County, as a Planned Unit Development, to be known as da Vinci Estates in Olde Cypress, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential component of the project and recreational facilities of da Vinci Estates in Olde Cypress will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities of land use and permits a maXimum density of four (4) dwelling units per acre within this land use designation pursuant to the Density Rating System of the Future Land Use Element of the Collier County Growth Management Plan or sixty-one (61) single family dwelling units. The proposed PUD rezoning of the subject property will not exceed sixty-one (61) single family dwelling units; therefore, it may be found consistent with the Density Rating System of the Future Land Use Element of the Collier County Growth Management Plan with a gross density of 1.5 dwelling units per acre. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development Will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance, Division 3.15, of the Land Development Code. ~1- SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by H.P. Holdings. 2.2 Legal Description The Subject Property contains 40.37 acres (see Legal Description, Exhibit B). 2.3 General Description of Property The property is located on the north side of Immokalee Road, approximately 1.3 miles west ofi-75 and one-half(½) mile north of lmrnokalee Road. The zoning of the subject property prior to the application for PUD rezoning is "A" Agriculture. 2.4 Short Title This ordinance shall be known and cited as the "da Vinci Estates in Olde Cypress Planned Unit Development Ordinance." 2.5 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD Ordinance. -2- 3.1 3.2 3.3 SECTION III Statement of Intent and Project Description Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit sixty-one (61) single family dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description The project is comprised of 40.37 acres located within Section 21, Township 48 South, Range 26 East. Access to the subject property is provided from the northeast comer of the property or in the alternate from the southwest comer of the property. The project will provide for sixty-one (61 ) single family dwelling units at a gross project density of 1.4 dwelling units per gross acre. Land Use Plan and Project Phasing The PUD Master Plan provides for sixty-one (61) residential lots, lakes, open areas and green spaces, and a recreational area. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval; based on compliance with all applicable requirements of this Ordinance, the LDC and Local, State and Federal permitting requirements. The recreational tract may be subdivided into residential lots, subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately five (5) years from the time of issuance of the first building permit. -3- SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the da Vinci Estates in Olde Cypress Planned Unit Development and PUD Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: Regulations for development of the da Vinci Estates in Olde Cypress PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is' subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the da Vinci Estates in Olde Cypress PUD shall become part of the regulations which govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 4.4 4.5 4.6 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Other amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. Project Plan Approval Requirements Exhibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Sunset and Monitoring Provisions Da Vinci Estates in Olde Cypress PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. -5- 4.7 Polling Places 4.8 4.9 4.10 4.11 Any community recreation/public building/public room or similar common facility located within the da Vinci Estates in Olde Cypress PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections, in accordance with Section 2.6.30 of the LDC. Open Space Open space may be in the form of landscaping, buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC, which requires a minimum of sixty (60)percent for residential developments. Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological' resources in the event they are contained on the property. Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of homeowners' association to be established by the developer. Native Vegetation The subject property shall meet the requirements of Division 3.9, Vegetation Removal and Protection. However, areas invaded by more than ninety (90) percent exotics shall not be counted towards the Preservation area requirements. -6- 5.1 5.2 5.3 SECTION V Permitted Uses and Dimensional Standards Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the da Vinci Estates in Olde Cypress PUD designated for residential development on the PUD Master Plan, Exhibit "A." Maximum Dwelling Units Sixty-one (61) single family dwelling units are permitted within the da Vinci Estates in Olde Cypress PUD. General Description The da Vinci Estates in Olde Cypress PUD includes the following uses which are depicted on the PUD Master Plan. Minor adjustments may be made to the land use tabulations based on permitting or final design considerations. DESCRIPTION ACRES :i: PERCENT Residential Tracts 17.07+ Lakes 5.92+ Lake Maintenance Easements 2.03± Native Vegetation Buffers/Re-vegetated Areas 8.2+ Recreation/Residential .93± Right-of-way 6.20± TOTAL AREA 40.37± 42.07% 14.67% 5.03% 25% 2.3% 15.36% 100% Note: Total open space (excluding recreation area) = 14.92 Acres + exclusive of open space retained on individual lots. The approximate acreage's of the residential tracts are depicted on the PUD Master Plan. Actual acreage of all development areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. The residential area is designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. -7- 5.4 5.5 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) (b) Single-family dwellings within areas identified for such use on the PUD Master Plan. Any other housing type which is comparable in nature with the foregoing use and which the Development Services Director determines to be compatible with the proposed residential uses. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities as depicted on the PUD Master Plan which may include a clubhouse area, swimming pools, tennis courts, and similar uses. Development Standards 1. Dimensional standards for permitted uses: Minimum lot area: Ten thousand (10,000) square feet Minimum lot width: Eighty-Five (85) feet, which may be reduced twenty (20) percent for cul-de-sac or unlinear lots. Minimum yard requirements: Front yard: Twenty (20) feet. Rear yard: Twenty-Five (25) feet. Side yard: Ten (10) feet. Maximum height: Thirty-Five (35) feet. Minimum floor area: Two Thousand (2,000) square feet. 2. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of the LDC. -8- All signage shall be in conformance with Division 2.5 of the LDC. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading. No parking is permitted to back out directly onto Cays Drive. o Setbacks shall be measured from the legal external boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of- way. -9- SECTION VI Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6.1 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of an archaeological or historical site, artifact or other indicator of preservation). 6.2 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 exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. A habitat management plan for the Big Cypress Fox Squirrel shall be submitted to the Collier County Planning Services Staff for review and approval at the time of the next development order submitted. Technical assistance will be requested from the appropriate state and federal agencies reviewing the document. 6.3 The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Code at the time of Final Development Order Approval. 6.4 The PUD Master Plan provides for +8.2 acres of native vegetation to be retained or restored. The restored areas comprise approximately 3.6 acres and are the twenty (20) foot strips to be recreated with upland vegetation in accordance with the requirements of Section 3.9.5.5.4 of the LDC (see attached PUD Master Plan). -10- SECTION VII Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 7.1 The developer shall provide medal level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.3 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.4 Existing legal access is depicted in the southwest comer of the property on the PUD Master Plan and planned alternate future access is also depicted in the northeast comer of the property. 7.5 Prior to approval of the Final Subdivision Plat for access in the northeast comer of the property, an access agreement shall be provided to the County for permitting legal access through the Olde Cypress PUD. -11 - SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities mo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Ail customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. Do The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main 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. Prior to or at the time of submission of construction plans and the final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. /,,5' -12- 8.2 Engineering mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted to the Planning Services Department and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Planning Services Department. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan, if applicable. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. -13- SECTION IX Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet of the side, rear or abutting property lines with side, rear or abutting property lines fenced. 9.2 Landscaping may be placed within the xvater management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.3 The wet season water table elevation shall be established at the time of the South Florida Water Management District permitting, which is required for the subject property. 9.4 The project must obtain a South Florida Water Management' District Surface Water Management permit prior to Final Subdivision Plat Approval. -14- LAND USE 8UMMA, RY RES~DENTA~L TRACTS LAKES LAKE MAINTENANCE EASEMENTS NA13V~ V~GffTATION BU F'F'ER S/REVEGETATED AREAS RECREA'n ON/RES~ DEN31 AL R{GH TS-OF- WAY TOTAL 17.07+ Ac. 5.g2+ Ac. 2.03± Ac. 8.21+ Ac. 0.g3± Ac. §.21± Ac. 40.37± Ac. NOTE : TOTAL OPEN SPACE (EXCLUDING RECREATION AREA) = 16.16 Ac.± EXCLUSIVE OF OPEN SPACE RETAINED ON INDIVIDUAL LOTS, 42.28% 14.67% 5.03% 20.54% 2.305 15.58~ 100~; LEGEND ~ LAKES OPEN SPACE / RE'VEGETATED AREAS *ACCESS IS SUBJECT TO AN ACCESS AGREEMEN'[ ALLOW1NG LEGAL ACCESS TO OLDE CYPRESS. ACCESS iiF~RF.,A~O~ RF_~IDI~NTIAL SITE S 8W~Er45' W - 1321.48' ~IY L da Vinci Estates in Olde Cypress PUD M 715 10~ ~ ~ ~ FI. 34-102 - Ptlmle : (~4.1) 2~2-4~17 EXHIBIT "A'm EXHIBIT B Legal Description A parcel of land located in a portion of Section 21, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: E ½ - SW 'A - NW ¼, W ½ - SE ¼ - NW ¼, ail of Section 21, Township 48 South, Range 26 East, Collier County Florida. Notes: TNs property is subject to easements, reservations, or restrictions of record. Bearings shown hereon refer to the south line of the southeast ¼ of Section 21, Township 48 South, Range 26 East as being S. 89° 09' 28" W. Property Area: 40.37 acres, more or less. EXECUTIVE SUMMARY PETITION R-99-11, MR. ALAN D. REYNOLDS OF WILSONMILLER, INC., REPRESENTING LONG BAY PARTNERS, LLC, REQUESTING A REZONE FROM "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE LIVINGSTON ROAD COUNTRY CLUB TO "A" RURAL AGRICULTURE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF EAST/WEST LIVINGSTON ROAD RIGHT-OF-WAY (CR-860) AND WEST OF THE IMPERIAL GOLF COURSE DEVELOPMENT IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAS~, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to have certain property rezoned from the Livingston Road Country Club PUD to "A" Rural Agriculture. CONSIDERATIONS: In May 12, 1992, the Board of County Commissioners approved the Livingston Road Country Club PUD. This PUD was subsequently incorporated into the Mediterra PUD in 1999 except for the subject 10-acre parcel that retained its PUD zoning. This 10-acre parcel currently allows 120 multi-family dwelling units. However, since most of the land designated on the approved Master Plan was rezoned to another zoning district, this remnant parcel is not practical to develop as currently zoned. Therefore, the petitioner is now proposing to rezone the property back to the Agriculture Zoning District. The subject site is located within the Urban Mixed-Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for certain non-residential uses including churches, schools, fire/police stations and agriculture uses. The residential density in the Agriculture district is one unit per five acres that is less than the base · density of four units per acre. Based on a review of the approved land uses on the adjacent and nearby properties, the proposed "A" Zoning District is deemed to be consistent with the FLUE of GIMP. The Traffic Impact Statement (TIS) estimate indicates that the petition will result in a reduction of approximately 672 Weekday trips versus the amount the amount could be generated by the existing PUD zoning. As a result, these trips will not exceed 5 percent of the LOS "C" design volume on County road segment. The Traffic Circulation Element (TCE) lists EasttWest Livingston Road Right- of-way as a future 2-lane road fronting the site. It should be noted that the County has no set time to start construction on this segment. Therefore, this is consistent with the standards referenced in Policies 1.3, 1.4, 5.1, and 5.2 of the TCE of the GMP. FEB 2 2 2008 In regards to compatibility, it should be noted that the subject site fronts on the east/west Livingston Road fight-of-way while vacant agriculture land is located to the east and south of the site. The site also abuts developed residential land to the west. As a result, the proposed petition should not adversely impact the existing and proposed land uses. In addition, staff is of the opinion that the development regulations, landscaping, screening and buffeting requirements of the "A" District are compatible with surrounding properties. Lastly, the property is designated Urban Mixed-Use on the FLUE, this district permits nonresidential uses that include agriculture uses. Given the urban influence impacting this area to the west and the Agriculture zoning to the east and south, this petition is consistent with requirements of the FLUE to the GMP. Therefore, this rezone petition will not change any consistency standard or relationship with the existing zoned properties. FISCAL IMPACT: This rezone petition by and of itself will have no fiscal impact on the County. However, if this request meets its objective, the vacant PUD zoned land will be further developed for agricultural uses. 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. It should be noted that the only impact fees are applicable to this agriculture site is the EMS Impact Fee. The impact fee calculation for this use and related to a building permit is $45.00 per 1,000 square feet of floor area. The total amount of impact fees for an estimated 10,000 square foot agricultural facility is $450. It should be noted that because impact fees vary by housing type and type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. 2 FEB 2. 2 2000 GROWTH MANAGEMENT IMPACT: The subject property is located within the Urban CUrban - Mixed use District, Urban) designated area which provides for residential development along with certain non-residential uses that includes agricultural uses. As a result, the proposed rezone to "A" Agriculture is consistent with the Urban Mixed-Use district that permits agriculture uses. 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 R-99-11. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: Due to the small size of the site and previous zoning approval, the Planning Services/Current Planning Staff approved this rezone petition to Agriculture as submitted. Therefore, the petitioner was not required to submit an Environmental Impact Statement (EIS) or attend the Environmental Advisory Council (EAC) meeting. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on February 3, 2000. They unanimously recommend by a 8 to 0 vote to forward this petition to the Board of County Commissioners with a recommendation of approval. It should be noted that no letters of opposition have been received and no one spoke in opposition to this petition during the public hearing. As a result, this petition has been placed on the Summary Agenda. 3 FEB 2 2 2000 PREPARED BY: RAY I~ELLOWS, PRINCIPAL PLANNFR CURRENT PLANNING SECTION RONALD NIN6~d~'~, MANAGER CURRENT PLANNING SECTION ~T .~-~HE ~"~' ROBE RE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT AP~.D BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE DATE R-99-11/EX SUMMARY/RVB/rb 4 FE3 2 2 2000 TO: FROM: DATE: RE: AGENT/APPLICANT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRO~~ SERVICES JANUARY 10, 2000 PETITION NO: R-99-11, LONG BAY PARTNERS REZONE Agent: Owner: Mr. Alan D. Reynolds WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Long Bay Partners, LLC 3451 Bonita Bay Boulevard Naples, Florida 34134 GEOGRAp~C LOCATION: The subject property is located on the south side of the Livingston Road east/west corridor and west of the Imperial Golf Course development in Section 13, Township 48 South, Range 25 East. R~EQUESTED ACTION: The petitioner is requesting to rezone the subject 10 acre site from the Livingston Road Country Club PUD to Agriculture (A). PURPOSE/DESCRIPTION OF PROJECT: On May 12, 1992, the Board of County Commissioners approved the Livingston Road Country Club PUD. This PUD was subsequently incorporated into the Mediterra PUD in 1999 except for the subject 10-acre parcel that retained its PUD zoning. Since this remnant PUD parcel is not developable as currently zoned, the petitioner is now proposing to rezone the property back to Agriculture. FEB 1 ~. iii ITEM SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject site is vacant and zoned Livingston Road Country Club PUD. Surrounding: North: East: South: West: Vacant, Mediterra PUD Vacant land and zoned "A" Agriculture. Vacant land and zoned "A" Agriculture. Developed residential and zoned RSF-3. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been distributed to the appropriate jurisdiction review entities specifically for review of its consistency with current Growth Management Plan and Land Development Code regulations. Future Land Use Element: The subject PUD is located within the Urban Mixed Use area as designated on the Furore Land Usc Element (FLUE) of the Growth Management (GMP). This designation allows for certain non-residential uses including churches, schools, fire/police stations and agriculture uses. Thc residential density in the Agriculture district is one unit per five acres that is less than the base density of four units per acre. Based on a review of the approved land uses on the adjacent and nearby properties, thc proposed "A" Zoning District is deemed to be consistent with thc FLUE of GMP. Traffic Circulation Element: The approved PUD allows 120 multi-family dwelling units on the subject 10-acre parcel. The proposed rezone to Agriculture will result in a reduction of approximately 672 Weekday trips versus thc mount that could be generated by thc existing zoning. As a result, the proposed amendment will not generate traffic that exceeds thc significance test standard (5 percent of the LOS "C" design volume) on Livingston Road when completed. Therefore, this petition is consistent with Policy 1.3 and 1.4 of the TCE. Applicable Elements: Staff review indicates that this petition has been designed to account for all the necessary relationships dictated by the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this petition is consistent with the goals and policies of the GMP. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the subject 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. However, pursuant to Section 2.2.25.8.1 of the LDC, this project is subject to the following condition. If, during the course of site clearing, excavation or other construction activity an historic/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 ~hilent contacted. FEB 2 2 2000 n. '7 EVALUATION OF ENVIRONM~NTAI~ TRANSPORTATION & INIrRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to thc above referenced areas of critical concern. Thfi's includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GM? and LDC requirements. It should be noted that the Environmental Staff approved the petition as submitted, therefore, no Environmental Impact Statement (EIS) or Environmental Advisory Council (EAC) meeting was required. 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 project's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the GM? in all of it's related elements. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not effect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each criteria is categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff's 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 a separate document that is attached to the staff report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the subject site fronts on the east/west Livingston Road right-of-way. In addition, vacant agriculture land is located to the east and south of the site. The site also abuts developed residential land to the west. As a result, the proposed petition should not adversely impact the existing and proposed land uses. In addition, staff is of the opinion that the development regulations, landscaping, screening and buffering requirements of the "A" District are compatible with sun'oundmg properties. Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GM?. Since the property is designated Urban Mixed-Use on the Future Land Use Map, this district permits nonresidential uses that include agricultm'e uses. Given the urban influence impacting this area, the proposed rezone to agriculture is similar to the existing zoning in the area and is also consistent with requirements of the FLUE to the GMP. Lastly, this rezone petition will not change any consistency standard or relationship with the existing zoned properties. A~A ITEM FEEl 2 2 2000 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition R-99-11 to the Board of County Commissioners with a recommendation for approval subject to the following conditions that have been attached to the resolution of adoption. a) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the mm'se 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. OWS, PRINCIPAL PLANNER PLANNING SE .C~N CURRENT PLANNING SECTION DATE !.rE- co DATE PLANNING SERVICES DEPARTMENT DATE VINCENT A. CAU'I~RO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE Staff Report for February 3, 2000 CCPC meeting. COLLIER COUNTY PLUG COMMISSION: RVB/rb/STAFF REPORT/PUD-99-11 FEB 2 2 2000 REZONE FINDiNGS PETITION R-99-11 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan (GMP). Pro: Development Orders deemed consistent with all applicable elements of the Future Land Use Element (FLUE) of the GMP should be considered a positive relationship. Con: Not applicable. Summary Findings; The proposed "A" Zoning District is in compliance with the FLUE of the GMP as noted in the Staff Report. 2. The existing land use pattern; Pro: There is an existing agriculture zoning to the east and south of the subject property that is consistent with this petition. Con.' The adjacent property to the west is part of an existing single-family residential neighborhood that is zoned RSF-3. Summary Findings: To the north is the vacant Mediterra PUD while the land to west contains a single family residential. To the south and east, is Agriculture zoned properties. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro.' The proposed rezone is similar to the existing "A" zoned properties to the east and south. Con.- Evaluation not applicable. Summary_ Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located adjacent to an existing agriculture zoned properties. AC~ FEB 2 2 2000 pt. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The boundaries are logically drawn and are consistent with the FLUE of the GIMP. Con.- None. Summary_ Findings: The Livingston Road Country Club PUD was rezoned incorporated into the Mediterra PUD except for the subject lO-acre site. and Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property. Therefore, the relationship of the proposed zone change to the FLUE of the GMP is a positive one. (See Growth Management Plan Consistency in Staff Report) Con.' None. Summary_ Findings: This parcel is was leftover when the Livingston Road Country Club was incorporated into the Mediterra PUD. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: Existing agriculture to the east currently operates without adversely impacting traffic circulation in the area. By virtue of this fact it is reasonable that one assume that there will be little potential for adverse impacts from the proposed agriculture zoning on the subject site that fronts on the east/west Livingston Road right-of-way. Con.' None. Summary_ Findings: The proposed change will not adversely influence living conditions in the RSF-3 neighborhood to the west because the Agriculture development standards have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro.' This petition is consistent with all applicable policies in the traffic circulation,, element. AGFr. NDA Con: None. FEB 2 2 2OO0 // e 10. Summary_ Findings; Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Circulation Element. As a result, this petition will not excessively increase traffic congestion on any County roM. Whether the proposed change will create a drainage problem; Pro: The Land Development Code specifically addresses prerequisite agricultural development standards that are designed to reduce the risk of flooding on nearby properties. Agricultural uses in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con.' None. Summary_ Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed rezone will not impact the circulation of light and air to adjacent areas. Con.' None. Summary_ Findings; All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, comdor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro.' The subject site abuts existing Agriculture Zoned property to the south and east. Con.- None. Summary_ Findings: This is a subjective determination based upon anticipated results that may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. AGF~A ITEM /7C FED 2 2 11. 12. 13. 14. 15. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro:/Con: Not applicable. Summary_ Findings; The basic premise underlying all of the development standards in the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public weffare; Evaluation not applicable. Summary_ Findings; The petition is consistent with the FLUE of the GIMP. Therefore, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with these plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro.-/Con: Evaluation not applicable. Summary_ Findings: The subject site is a remnant parcel that was not included when the Livingston Road Country Club was incorporated into the Mediterra PUD. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed change to the "A" zoning district complies with the GMP and is of similar to the adjacent lands to the south and east. Con.' None. Summary_ Findings: A policy statement, which has evaluated the scale, density and intensity of land uses, is deemed to be acceptable for this site. Whether is it impossible to £md other adequate sites in the County for the proposed use in districts already permitting such use. Evaluation not applicable. FEI3 2 2 2000 Summary_ Findings: There are many other sites that are zoned to accommodate agricultural uses. However, this is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of inbastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Evaluation not applicable. Summary_ Findings; Physical alteration for agricultural uses is a product of developing vacant land that cannot be avoided. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Comer County Growth Management Plan and as defined and implemented through the Comer County Adequate Public Facilities Ordinance, as amended. Evaluation not applicable. Summary_ Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-99-1 I/RVB/rb 5 FEB 2 2 ' R 99-1i Petition Number Date APPLICATION FOR PUBLIC I-IEARIN$ FOR REZONE AND CONDITIONAL USE REQUES~ PUBLIC m~Ams¢ BEFORE COLLI~ COtryrY[ COMMUNITY DEVELOPMENT DMSION PLASmSa SERVICES Name of Applicant(s): Long Bay Partners, LLC Applicant's Mailing Address: City: Bonita Springs Applicant's Telephone Number: 3451 Bonita Bay Boulevard State: Florida (941) 495-1000 Zip: 34134 Is the Applicant the owner of the subject property? X Yes ~ No a) b) c) x d) e) 0 If applicant is a land trust, so indicate and name beneficiaries below. If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Long Bay Partners, L.L.C. (If space is inadequate, attach on separate page.) Name of Agent: Alan D. Reynolds, AICP Firm: Wilson, Miller, Barton & Peek, Inc. Agents Mailing Address: 3200 Bailey Lane, Suite 200 City: Naples Agent's Telephone Number: 2/19/99-53721 Vet: 02!-AJ~mldm 02934-013-001 -ESRM.22707 State: Florida Zip: 34105 (941) 649-4040 -I. F53 2 2 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). Legal description is attached. THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION: 13 TOWNSHIP: ~F~ RANGE: ~ ~--~ Size of Property: ft. x ft. Acres: 10+ Address or location of subject property: The property is located west of 1-75 along the Livingston Road East/West corridor. o 7b. o Existing Land Elevation: 11 to 14 County Flood Criteria Elevation: Zone X Date subject property acquired X or leased ~-]; 25 day of March, 19 98 If Petitioner has option to buy, indicate date of option: and date option terminates: Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) See attached "Mediterra PUD" Legal Description This application is intended to cover: (Check which type of petition you are requesting): X A. Rezoning: Present Zoning: PUD Requested Zoning: A for: [~ B. Conditional Use: of'. Zoning for: -2. ~fr.~A rrr~ FE3 2 029~4-013-001 -ESBM-22707 ' 10. Reason why application should be approved. (Attach additional sheets if necessary.): The parcel is not part of the Mediterra project and the petitioner has no planned use for the property at this time. It is consistent with the Comprehensive Plan. 11. Is proposed use prohibited by deed restrictions? ['~ Yes X If yes, provide copy of the deed restrictions. No 12. Is this request a result of a violation? [~] Yes X If so, to whom was the notice served? 13. Has a public hearing been held on this property within the last year? If so, in whose name? 14. Are there existing structures on the property? no TYPE: CBS FRAME MOBILE HOME OTHER No no AFFIDAVIT I, _l~vid ~.~raham~ Vk~'~r~,,l~ing first duly sworn, depose and say that I, the authorized representative of the owner and contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative .vgna~ture of~v~er S~gnamre of Agent STATE OF FLORIDA COUNTY OF.I~Iffi~I~R a~q~r~a~,ea and who ~lid,(did not) take an oath. (Signature &Notary ' )[I~IICHAELE,./A. JONES 2/19/~-51721 Vet: (YZ!-AJmk/m 02934-013001 -F~BMo22707 .3-o FEB 2 2 2000 /7 PI...\NNliR%, EN\;IR~,'~NNIENT..\I. (;('~NFt I'! \'(1'~, EN(;INEEI~,.'q, .~t I(\ F'YL'd(>, J.-\;xil)~(:..'",l'E AI,L~.:IIII'I?.:T.";,, (;~.~N<TI:.I'(:'FI()N Description of part of Section 13, Township 48 South, Range 25 East, Collier County, Florida Livingston 10 Acre Out-parcel ' Re[ Hole, Montes & Associates, Dwg. #A-288-1 Ali that part of Section 13, Township 48 South, Range 25 East, Collier County, Florida described as follows: The northwest ¼ of the northwest IA of the northwest ¼ of Section 13, Township 48 South, Range 25 East, Collier County, Florida. Containing 10 acres more or less. Subject to easements and restrictions of record. Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors :,. Boutwell, P.S.M. #3934 Not valid unless embossed with the Professional's seal. Date: February 18, 1999 2/1~/9~-53731 Vet: Ol!-klSaJ~ WILSON, MILLER, BARTON (~. PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilso~miller, com E-mail: napJe:a~wilso~millet, com Naples FOT[ Myers SarasrJta ~T~I~anU)TI AGF..NDA ITEM FEB 2 2 PI..ANNERS, ENVIRONMENTAL ~ONSLJI_T.,~NT.~, EN(;INEERS, SUR\;EYORS, LANDSCAPE ARt]ItlTECTS, CONSTItUC'FION MEDITERRA COLLIER COUNTY PUD PIPER PARCEL (Collier County) The noah half(N½) of the west half(W½) of the west half(W½) &Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 80.57 acres more or less. and; KHACHANE PARCEL Noah ~ of the north ½ of the northwest ~ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; KHACHANE PARCEL Noah ½ of the south ½ of the noahwest 'A of the southwest ¼ &Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and: MONTANUS 'PARCEL The south V, of the noah ~A of the noahwest ¼ of the southwest V4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. and; STAPLETON PARCEL The south V2 of the south ½ of the noahwest % of the southwest ¼ of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. Containing I0.09 acres more or less. and; DYNABEL PARCEL The Southeast ¼ of the Southwest ¼, less the South 30 feet thereof, ofSection l 1, Township 48 South, Range 25 East, Collier County, Florida. and; DYNABEL PARCEL continued The Southeast ¼ of the Northwest ¼; The Southwest ¼ of the Northeast %; The Northwest ¼ of the Southeast ¼; and the Northeast ¼ of the Southwest ¼: Less the Noah 'A of the Southwest 'A &the Noaheast ¼ &the Southwest ¼ of Section I , Township 48 South, Range 25 East, Collier County, Florida WILSON, MILLER, BARTON ~t PEEK. INC. 3200 Bailey Lane, Suite 200, Naple~, Florida 34 IO5-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: w'ww. wilsonmiil~r, com E-mail: naples~dsonmiller, com AGENDA ITrdk FEB 2 2 YV1LS©N M I LLER Containing 195 acres more or less. and; FIDELITY PARCEL The North ~A of the Southwest ~A, of the Northeast ~A of the Southwest 'A of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; VOGEL PARCEL The Northeast ¼ of the Northwest SA and the Northwest ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and; 2/'1~9-53070 V~T: O[ !-AJc~;ln~ 02~.'M-01 ~001 - E $ [3M - 22707 LIVINGSTON PARCEL A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast comer of the southwest ¼ of Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00052'07" West along the east line of said southwest ¼ of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00052'07" West along the east line of the southeast ¼ of the northwest ~A of said Section 12, for a distance of 1316.77 feet to the northeast corner of the southeast sA of the northwest ~A of said Section 12; thence run South 88054'06" West along the south line of the southeast ¼ of the northeast 'A of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest corner of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence run North 00050'22'' West along the west line of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 658.71 feet to the northwest comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence run North 88055'45'' East along the north line of the southeast ¼ of the northeast ~A of the northwest ¼ of said Section 12, for a distance of 661.95 feet to the northeast corner of the southeast 'A of the northeast ¼ of the northwest ¼ of said Section 12; thence run North 00052'07'' West along the east line of the northwest ¼ of said Section 12, for a distance of 658.39 feet to the northeast corner of the northwest ¼ of said Section 12; thence run South 88057'20'' West along the north line of the northwest ~A of said Section 12, for a distance of 2646.45 feet to the northwest corner of the northwest "A of said Section 12; thence run South 00045'07'' East along the west line of the northwest ¼ of said Section 12, for a distance of 1319.36 feet to the northeast corner of the southeast 'A of northeast ~A of Section l 1, Township 48 South, Range 25 East; FEB 2 2 2000 "ILS©N M I LLER thence run South 88o54'42'' West along the north line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1325.63 feet to the northwest comer of the southeast ¼ of the northeast ¼ of said Section 11; thence run South 00o45'23" East along the west line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast 'A of the northeast ¼ of said Section 11; thence run South 0o45'04'' East along the west line of the northeast ¼ of the southeast 'A of said Section 11, for a distance of 1321.73 feet to the southwest comer of the northeast ¼ of the southeast ¼ of said Section 11; thence run South 88o46'37" West along the north line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1325.33 feet to the northwest comer of the southwest ¼ of the southeast ¼ of said Section 11; thence run South 00o45'39" East along the west line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1323.80 feet to the southwest comer of the southeast ¼ of said Section ! 1; thence run North 88°41'15" East along the south line of the southeast ¼ of said Section 11, for a distance of 2650.25 feet to the northwest comer of Section 13, Township 48 South, Range 25 East: thence .run South 00o43'28" East along the west line of the northwest ¼ of said Section 13, for a distance of 675.60 feet to the southwest comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 88°38' 13" East along the south line of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast corner of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 00°41'49" West along the east line of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 675.07 feet to the northeast comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 88041'00" East along the south line of the southwest ¼ of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest ¼ of the Northwest ¼ of the Northwest ¼ of said Section ! 3. Containing 472 acres more or less. and; ZEHN'ER PARCEL The Northeast tA of the Northeast 91 of Section I 1, Township 48 South, Range 25 East, 2/t8/'~-53o70 Vcr 0l NAJe~ans 029~-013-001 -£SBM-22707 Collier County, Florida, O.R. Book 221 !, page 606 Containing 40 acres more or less. and; FEB 2 2 x X./ILS©N MILLER WILSON 10 AC. PARCEL The North '/., of the North '/.- of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; AMSTER PARCEL The South '& of the North ½ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; PAGE PARCEL The North ',5 of the South ½ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. WILSON, MILLER, BARTON & PEEK, INC. B~~ DATE Certificate of Authorization #LB-43 Date: October 7, 1998 ~llJ~-~.~70 Vo-: OI l-AJ~nk~t,~ 029~4-01 ~001 -£$BM-22707 FEB 2 2 2000 ORDINANCE NO. 20OO- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8513N, BY CHANGING THE ZONING CLAS$1lqCATION OF THE HEREIN DESCRIBED PROPERTY LOCATED FROM "PUD" PLANNED U1VIT DEVELOPMENT KNOWN AS LIVINGSTON ROAD COUNll~Y CLUB TO "A" RURAL AGRICULTURE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF THE EAST/WEST LIVINGSTON ROAD RIGHT-OF-WAY IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10~: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Aim D. Reynolds of WilsonMiller, Inc., representing Long Bay Partners, LLC., petitioned the Board of County Commissioners to change the zoning clm~i/i~tion of the hereto described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTIQN ONE: The zoning cla~ifi~on of the nmi ~ ,,~ mom p~rticularly cleero'bed by l~l~'bit "A", attached hereto and incorporaled by reference hereto, and located in Szction 13, Township 48 South, Range 25 East, Collier Coumy, Florid~ is changed from "PUD" Plmmed Unit Development to "A" Rural Agr/culture and the Offic/ai Zoning Atlas M~ Number 8513N, as descr/bed in Ordinance 91-102, the Coil/er County Land Development Code is hereby amended accord/ngly. AGENDA ITEM FED 2 2 2000 SECTION TWO: This Ordinance shall become effective upon filing with the Dep~mmml of Slate. PASSED AND DULY ADOPTED by the Board of CounD, Commissioners of Colher County, Florida, this ~ day of ,2000. BOARD OF COUNTY COMIVflSSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY J. CONSTANTINE, CHAXRMAN APPROVED AS TO FORlVi ,4JVD LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY ~/admin/;R-99=l I REZONE ORDINANCE/RB/im AGENDA ~j? c.. FEB 2 2 21111 EXECUTIVE SUMMARY CU-99-31 & ST-99-02, JASON WILLIAMS OF JOHNSON ENGINEERING, INC., REPRESENTING COCOHATCHEE NATURE CENTER, REQUESTING CONDITIONAL USE "23" OF THE "A-ST" ZONING DISTRICT FOR AN ECOTOURISM EDUCATIONAL FACILITY PER SECTION 2.2.2.3 FOR PROPERTY LOCATED WEST OF U.S. 41 NORTH ON THE COCOHATCHEE RIVER, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2.19± ACRES. OBJECTIVE: The applicant requests a Conditional Use and a Special treatment Development Permit in order to construct and operate a nature center in the Agricultural zoning district with a Special Treatment overlay. CONSIDERATIONS: The applicant requests a Conditional Use in order to construct and operate a nature center in the Agricultural zoning district with a Special Treatment oveday. Conditional Use 23 of the Rural Agricultural district allows for cultural, educational or recreational facilities and their related modes of transporting participants, viewers or patrons. A nature center is classified as Conditional Use 23. The proposed facility consists of an amphitheater/instructional building, an administration building, a boardwalk, parking and docks. The operation will include educational presentations and boat tours. Vegetation on-site consists primarily of mangroves with some Brazilian pepper and melaleuca located adjacent to U.S. 41. The South Flodda Water Management District and U.S. Army Corps of Engineers have exerted jurisdiction over approximately 2.04 acres of wetlands. The proposed project will result in approximately 0.28 acres of direct impacts to USACOE and SFWMD/Collier County wetlands, necessary for the parking lot and portions of the boardwalk. The fill for the parking lot will be contained in a bulk head wall covering all four sides. Because an elevated boardwalk will be used instead of bringing in fill, only the land directly under the boardwalk leading to the boat dock will be directly impacted. The second branch of the boardwalk will be built above the existing mangroves and used as a scenic overlook. The boardwalk will be assembled by hand to minimize impacts to adjacent mangroves. AGENDA ITEM FEB 2 2 2000 Compensation for wetland impacts will include the preservation and enhancement of the remaining 1.76 acres of wetland habitat. Enhancement will include removal of exotics, such as Brazilian pepper and melaleuca, through mechanical and hand-removal methods. The majodty of the subject parcel (81.7 %) will be preserved upon completion of the project. This exceeds the minimum ten percent preservation requirement in the Land Development Code. FISCAL IMPACT: If this petition is approved, the use as a nature center will have no fiscal impact on Collier County, except for impacts normally associated with development. GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a cultural, educational or recreational facility (nature center), the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The parcel is within the Urban designated area, therefore the Administration Commission's Final Order is not applicable. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in located within an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. A Historical/Archaeological Survey and Assessment waiver has been applied for. PLANNING SERVICES STAFF RECOMMENDATION: Planning Services staff recommended that the Collier County Planning Commission recommend approval of Petitions CU-99-31 and ST-99-02 to the Board of Zoning Appeals, subject to the stipulations in the Resolutions. 2 FEB 2 2 2000 EAC RECOMMENDATION: The Environmental Advisory Council heard these petitions on January 5, 2000, and, by a unanimous vote, recommended approval. PLANNING COMMISSION RECOMMENDATION: At the February 3, 2000 meeting of the Collier County Planning Commission, the Commissioners voted unanimously to recommend approval of CU-99-31 and ST-99-02 to the Board of Zoning Appeals, subject to the conditions in the Resolutions. PREPARED BY: ' DATE L~VF NINO, AICP :I.,E N LENBERGER DATE E~IF~NMENTAL SPECIALIST Il, CURRENT~PLANNING PLANNING SERVICES DIRECTOR DATE '~.. ~' DATE A~ED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-99-31 ~3 AC.,F.t~A FEB 2 2 2000 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY 14, 2000 SUBJECT: CU-99-31 & ST-99-02 (COCOHATCHEE NATURE CENTER) PROPERTY OWNER/AGENT: OWNER: Douglas Schmeder Cocohatchee Nature Center 823 Tanbark Ddve Naples, FL 34108 AGENT: Jason Williams Johnson Engineedng, Inc. 2640 Golden Gate Parkway, Suite 106 Naples, FL 34105 REQUESTED ACTION: The applicant requests a Conditional Use in order to construct and operate a nature center in the Agricultural zoning district with a Special Treatment overlay. ~?? b FEB 2 2 2000 ;J LOCATION: The subject parcel is located on the Cocohatchee River, in the 12000 block of Tamiami Trail North, in Section 21, Township 48 South, Range 25 East. The site is across US 41 from the Pewter Mug restaurant and consists of approximately 2.19 :!: acres. DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to construct and operate a nature center in the Agricultural zoning district with a Special treatment oveday. Conditional Use 23 of the Rural Agricultural distdct allows for cultural, educational or recreational facilities and their related modes of transporting participants, viewers or patrons. A nature center is classified as Conditional Use 23. The proposed facility consists of an amphitheater/instructional building, an administration building, a boardwalk, parking and docks. The operation will include educational presentations and boat tours. The subject property is surrounded by water on three sides. Vegetation on-site consists primarily of mangroves with some Brazilian pepper and melaleuca located adjacent to U.S. 41. The South Florida Water Management Distdct and U.S. Army Corps of Engineers have exerted jurisdiction over approximately 2.04 acres of wetlands. The proposed project will result in approximately 0.28 acres of direct impacts to USACOE and SFWMD/Collier County wetlands, necessary for the parking lot and portions of the boardwalk. The fill for the parking lot will be contained in a bulk head wall covedng all four sides. Because an elevated boardwalk will be used instead of bringing in fill, only the land directly under the boardwalk leading to the boat dock will be directly impacted. The second branch of the boardwalk will be built above the existing mangroves and used as a scenic overlook. The boardwalk will be assembled by hand to minimize impacts to adjacent mangroves. Compensation for wetland impacts will include the preservation and enhancement of the remaining 1.76 acres of wetland habitat. Enhancement will include removal of exotics, such as Brazilian pepper and melaleuca, through mechanical and hand-removal methods. The majority of the subject parcel (81.7 %) will be preserved upon completion of the project. This exceeds the minimum ten percent preservation requirement in the Land Development Code. 2 FEB 2 2 2000 SURROUNDING LAND USE & ZONING: SUBJECT: Undeveloped land; zoned A-ST SURROUNDING: North: East: South: West: Horse Creek, across which is undeveloped land; zoned A-ST US 41 (Tamiami Trail) ROW; across which is the Pewter Mug restaurant; zoned C-4 Cocohatchee River; across which is the Bay House restaurant; zoned (Cocohatchee River Trust) PUD The confluence of Horse Creek and the Cocohatchee River GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non-residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a cultural, educational or recreational facility (nature center), the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The parcel is within the Urban designated area, therefore the Administration Commission's Final Order is not applicable. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property in located within an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. A Historical/Archaeological Survey and Assessment waiver has been applied for. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a nature center on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. 3 FEB 2 2 2000 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 a nature center is recognized as a Conditional Use of land in the Urban-Mixed Use area, this Conditional Use request has been determined by staff to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The proposed nature center will have access via Tamiami Trail North. The petitioner, regarding access from US 41, has contacted the FDOT. CON: The nature center will generate approximately 50 average tdps per weekday. ANALYSIS: The project will not have a significant impact on traffic. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The nature center will be constructed on a parcel of land with water on three sides, the only other occupant of the parcel is the Pewter Mug restaurant, which is separated from the nature center by US 41. CON: Even the use as a nature center will have a slightly greater impact on surrounding properties, compared to a single family home or other agricultural uses. Some of the impacts may include the sounds generated by boat traffic and loudspeakers. ANALYSIS: use of the property in the Urban area. The use of the property for a nature center is a relatively benign 4 - AGE~A I3EM FEB 2 2 2000 4. Compatibility with adjacent properties and other property in the district. PRO: The nature center is designed to take advantage of the educational aspects of being in and adjacent to wetlands. CON: A minimal amount of jurisdictional wetlands will be impacted. ANALYSIS: intensity of the properties. The minimal impact to wetlands is proposed for mitigation. The use is Iow and is therefore compatible with the surrounding PLANNING SERVICES STAFF RECOMMENDATION: Planning and environmental staff recommends that the Collier County Planning Commission recommend approval of Petitions CU-99-31 and ST-99-02 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMENDATION: The Environmental Advisory Council heard this petition on January 5, 2000, and, by a unanimous vote, recommended approval. 5 AGENDA i~F..~4 PREPARED BY: S~r~PHEN LENBERGER ENVIRONMENTAL SPECIALIST II ~VlEWEI~I~Y: ~ ~O~l~b,~cP CURRENT PLANNING MANAGER RO~~. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE DATE DATE DATE VINCENT A. CAUTERO, AICP COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petitions CU-99-31 & ST-99-02 COLLIER COUNTY ~ COMMISSION: 6 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY 5~ 2000 Il. III. IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: LOCATION: Conditional Use Petition No. CU-99-31 Special Treatment Permit No. ST-99-2 Cocohatchee Nature Center Cocohatchee Nature Center Johnson Engineering, Inc. Johnson Engineering, Inc. The subject property is an undeveloped 2.19 acre parcel located on the west side of U.S. 41 immediately adjacent to the Cocohatchee River in Section 21, Township 48 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties classifications. are mostly undeveloped with the following zoning ZONING DESCRIPTION N - A-ST Horse creek S - A-ST Cocohatchee River E - R.O.W. U.S. 41 C-4 Pewter Mug Steak House PUD (Collier Tract 22) Partially Developed W - A-ST Horse Creek PROJECT DESCRIPTION: Thc applicant requests a Conditional Use in order to construct and op nature center in the Agricultural zoning district with a Special treatment c FEB 2 2 20OO Pg. /-/ _ EAC Meeting .............................................................................................. January 5, 2000 CU-99-31 Page 2 of 6 Vii The proposed facility consists of an amphitheater/instructional building, an administration building,' a boardwalk, parking and docks. The operation will include educational presentations and boat tours GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Urban-Mixed Use on the Future Land Use map of the Growth Management Plan. The Urban-Mixed Use Land Use Designation is intended to accommodate a variety of residential and non- residential land uses. Therefore, if the Board of Zoning Appeals approves a Conditional Use for a cultural, educational or recreational facility (nature center), the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. The parcel is within the Urban designated area, therefore the Administration Commission's Final Order is not applicable MAJOR ISSUES: Water Management: The water management system for the Cocohatchee Nature Center will consist of a single inlet, a small outfall pipe, and an underground chambered dry pretreatment system providing water quality for the project. The outfall from the underground system will be through the inlet into Horse Creek. Environmental: Site Description: The subject property is surrounded by water on three sides. Vegetation on-site consists primarily of mangroves with some Brazilian pepper and Melaleuca located adjacent to U.S. 41. According to the Collier County Soil Survey prepared by the Natural Resources Conservation Service (NRCS), the only soil type present on the project site is Map Unit 40, Durbin and Wulfert mucks, frequently flooded. The approximate boundaries of the soil type as mapped by the NRCS are shown on Exhibit E in the environmental impact statement (EIS). FEB 2 2 20OO EAC Meeting .............................................................................................. January 5, 2000 CU-99-31 Page 3 of 6 Wetlands: On the 2.19 acre project site, the South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers CUSACOE) have exerted jurisdiction over approximately 2.04 acres of wetlands. The wetlands are dominated by red and black mangroves with an understory of scattered leather fem. Attachment 1 in the EIS provides a summary of the habitats present on-site and a description of their vegetative composition and abundance. An aerial with FLUCFCS overlay is also included in the EIS. The proposed project will result in approximately 0.28 acres of direct impacts to USACOE and SFWMD/Collier County wetlands, necessary for the parking lot and portions of the boardwalk. The fill for the parking lot will be contained in a bulk head wall covering all four sides. Because an elevated boardwalk will be used instead of bringing in fill, only the land directly under the boardwalk leading to the boat dock will be directly impacted. The second branch of the boardwalk will be built above the existing mangroves and used as a scenic overlook. The boardwalk will be assembled by hand to minimize impacts to adjacent mangroves. Compensation for wetland impacts will include the preservation and enhancement of the remaining 1.76 acres of wetland habitat. Enhancement will include removal of exotics, such as Brazilian pepper and Melaleuca, through mechanical and hand- removal methods. Preservation Requirements: The majority of the subject parcel (81.7 percent) will be preserved upon completion of the project. This exceeds the minimum ten percent preservation requirement in section 3.9.5.5.4 of the Collier County land development code. Special treatment regulations also apply. Listed Species: Florida's official list of endangered species, threatened species, and species of special concern (FGFWFC, 1996) was consulted to identify listed species which may occur within the geographical region. In addition, Florida Fish and Wildlife Conservation Commission (FFWCC) was contacted to solicit available data and information regarding listed species which may occur on site. Table 2-1 in the environmental impact statement (EIS) lists the times and weather conditions during the protected species survey and other field work associated with the project. Pedestrian transects were performed in all vegetation associations (FLUCFCS) present on the property. Figure A in the EIS depicts the approx2 mate,~,r~lDA FEB 2 2 2000 EAC Meeting .............................................................................................. January 5, 2000 CU-99-31 Page 4 of 6 survey locations. A summary of visibility, number, total length of transects performed, and percentage of each habitat covered is provided in Table 2-2 in the EIS. No listed fauna were encountered nor were any signs of use by listed species observed during the survey or during other field investigations. Leather fern (Acrostichum danaeifolium) is present on site. This plant is protected by the state as a commercially exploited species. Special Treatment Overlay District: "Purpose and intent: Within Collier County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their contribution to their own or adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainageways, aquifer recharge areas and lands and structures of historical and archaeological significance. The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the board of county commissioners after public heatings" (2.2.24.1 CCLDC). RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition No. CU-99-31/Special Treatment Permit No. ST-99-2 "Cocohatchee Nature Center" with the following stipulations: Water Management: Water management concerns will be reviewed at time of Site Development Plan submittal. This project will be permitted by South Florida Water Management District. Environmental: Permits from the U.S. Army Corps of Engineers (USACOE), South Florida Water Management District (SFWMD) and the Florida Departme at of~rr~ FEB :2 2 2000 .,. /¢ EAC Meeting .............................................................................................. January 5, 2000 CU-99-31 Page 5 of 6 Environmental Protection (FDEP) shall be presented prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the ST area, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. FEB 2 2 2000 FAC M~'ung .............................................................................................. Jammry ~, 2000 CU-99-31 Page 6 of 6 PREPARED BY: SENIOR ENGINEER DAT~\ \ - ST~P~LEI~IBEROER ENVIRO~~AL SPECIALIST II DAT~ REVIEWED BY: DAT~ E'NG~G REVIEW MANAGER F.TM CURRENT PLANNING MANAGER SL/gdtVc:Cocohatchee Nature Cenlm-StnffReport DATE DATE AGENDA ITEM FEB 2 2 2000 RESOLLrrlON 2O00- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ECOTOURISM EDUCATIONAL FACILITY, CONDITIONAL USE "23" IN THE "A-ST" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in ~id regulations made and pwvided, and has considered the advisability of Conditional Use "23" of Section 2.2.2.3 in an "A-ST" Zone for an ecotourism educational facility on the property her~nafl~ d~ribed, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have b~n 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 Commi~ion; 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 Jason Williams of Johnson Engineehng, Inc., representing Cocohatchee Nature Center, 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 ''23" of Section 2.2.2.3 of the "A-ST" Zoning Dislriet for an ecotourism educational facility in accordance with the Conceptual Maa'ter Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. -1- AGENDA ffEM FEB 2 2 2000 /7 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, CHAIRMAN Approved as to Form and Legal Sufficiency: Mafifi M. Scuderi Assistant County Attorney g:/admin/CU-99-31 RESOLUTION/FR/ts -2- k~Ok II~Jd FEB 2 2 2000 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-31 The following facts are found: Section 2.2.2.3.23 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 Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &v~ess Yes No Affects neichboring properties in relation to noise, glar~con~mic or odor effects: w No affect or Affect mitigated by Affect cannot be mitigated Compatibility wlth adjacent properties and other property in the district: Compatible use w~hin district Yes ~"No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval ~', DATE: ~/~/~ (e~~ ~r~ed for ~/~lmm/l,T]%~l~G O!r ~ACT ~Gg,4BER~CU- Exhibit '"A" AGENDA FEB 2 2 21:100 CU-99-31 Legal Description DESCRIPTION: A parcel of !and ;n the N1/2 of Section 21, Township 48 South, Range 25 East, Collier County, Florida, lying within the Bulkhead Line No. 4, as recorded in Bulkhead P!at Book !, page 16, Public Records of Collier County, Florida, and the Westerly Right of Way line of U.S. Rt. 41(S.R. 45), more particularly described as follows:Beginning at the point of beginning of Bulkhead Line No. 4, as recorded in Bulkkhead Line Plot Book 1, Page 16, Public Records of Collier County, Florida; run S 7.3'49'1,3" W, for 281.74 feet, to o point of curvature; thence run 257.08 feet along the arc of the curve, concave to the Northeast, having a radius of 100.00 feet, and subtended by a chord having a length of 191.91 feet and bearing N ,32'51'58" W, to a point of. compound curvature; thence run 420.68 feet along the arc of a curve, co~cove to the Southeast, having a radius of 500.00 feet, and subtended by o chord having a length of 408..38 feet and bearing N 65'1`3'02" E, to the point of ending of said Bulkhead I_ine No. 4, said point lying on the Westerly Right of Way line of U.S Rt. 41(S.R. 45); thence run S 0'40'47" E, along said Right of Way line, for 254.49 feet, to the Point of Beginning. EXHIBIT "B" AGENDA ITEM FEB 2 2 2000 EXHIBIT 2000 CU-99-31 Conditions of Approval 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, dudng the course of site clearing, excavation or other construction activity, an histodc or archaeological artifact is found, all development within the minimum area necessa~j to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. Permits from the U.S. Army Corps of Engineers (USACOE), South Florida Water Management District (SFWMD) and the Florida Department of Environmental Protection (FDEP) shall be presented pdor to final site plan/construction plan approval. 3. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the ST area, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 4. The Planning Services Director may approve minor changes to the site plan. EXHIBIT "D" FEB 2 2 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 corner 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. 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 requiring 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 buffering 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 corner of the site, reducing the traveling distance for truck traffic by approximately 1/3 of a mile. The revised entrance will allow trucks to enter the site without 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 v~suaT ~, ~. , ,. 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 Enviromnental Advisory Co.mmittee. 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. 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 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. 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 deve~lopment 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 improvemen, t 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. AGENDA ITEM 7-M MEMORANDUM TO: FROM: DATE: RE: AGENT/OWNER: Agent: Owner: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 21, 1999 PETITION NO: CU-99-33-Yahl Mulching Facility 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 lA mile north of 1-75 (Alligator Alley) and 2 lA 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, front 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 fiv ~~/7 of the site for a total site area of approximately 15+/- acres. The site has 686 feet offr nta~o.~.7,~'"' 1 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. be 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 truck traffic generated from this use on Washburn Avenue. The effect the conditional use woUld have on neighboring properties in relation to noise, glare, economic or odor effects. 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 trucks 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 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-99-33 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. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological 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 clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staffresponsible 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: Thd 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 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 below, and are categorized as either pro or con as 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. 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 Exhibit D 7. 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 xvith 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 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 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 subject 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 from 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 from 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 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 track 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 PREPARED BY: /~USAN MURRA~ CHIEF PLANNER /-¢-2oo0 DATE RO~~)~._D~EWED BY: CURRENT PLANNING MANAGER DATE R T~'~".J. ~HERE, AICP PLANN1NG SERVICES DIRECTOR DATE A PPR/~/~BY: 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. COLLI~.g~~Z~//~G COMMISSION: RUSSELL A BUDD, CHAIRPERSON 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 BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjorie M Student Assistant County Attorney g:/admiW RESOLUTION/CU-99 -33/S M/'tm o (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. 10. 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. 11. 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. 12. The tub grinder will be equipped and operated with deflectors to minimize flying debris. 13. 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). 14. 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. 15. 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. 16. 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. 17. 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 Exhibit ~ CU-99-33 C. ~DS~E 25'0.C. LEGAL DESCRIPTION' N 1/2 of NE I/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 4.9 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA AND: S 1/2 of NE 1,/4 of'SW t/4 of SW t/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA E. 1/2 of NW 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA 99-33 I I I, AND & TRAFFIC PIANNING 5785 AIRPORT RD. N., SUITE B * NAPLES, FLORIDA 34105 PHONE: (94.1) 4-03-8899 FAX: (94.1) 403-9009 Rezonin~3, P.U.,D.'~ Site Dev. P/on& Afforda~e Housing, Troff~c ~ Porting1 Studie~ C, enditionol Uses, ¥ori~nce~ ! I! I I III I I · II I_ ._ I II ~ -.. ~1 I I II III RESOLUTION 2000- A RESOLUTION 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 FN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WI-IEREAS, 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 9%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, TH]EREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEAI~ of Collier County, Florida that: The petition filed by William Hoover, AICP of Hoover Planning, representing Richard and Jean Yahl and Teresa Yah] 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: Exhibit "D" which is attached hereto and incorporated by reference herein. 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 offsite. 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 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. Exhibit A CU-99-33 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: i. 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: 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 neighboring properties in relation to noise, .glare, economic or odor effects: __ No affect or __ Affect mitigated by __ __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: f/FINDING OF FACT MEMBER/ 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. Exhibit C CU-99-33 I .I !1 '1 CU 9 -3o YAHL COI~Dfl~ON&L U$~ ~L'~3'T~ R PL,U~ impacts from the storage of horticultural debris and mulch. Operation of machinery (specifically the tub ghnder) 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. 10. 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 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 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 cleating, 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. PREPARED BY: //~USAN MURRAY, AICP U CHIEF PLANNER zoo DATE REV~.. EDBY:, 1 RONA~I~ F. NIN-O~ ~V~A~'~GER CURRENT PLANNING SERVICES DATE ROBERT 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. EXECUTIVE SUMMARY PETITION NO. SNR-2000-02 A RESOLUTION AMENDING THE TITLE AND PARAGRAPH TWO OF RESOLUTION 99-415, A STREET NAMING FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE PROPERTY'S LEGAL DESCRIPTION AND THE STREET'S FORMER CUSTOMARY NAME. OBJECTIVE: To correct an error in the subject property's legal description and the street's former customary name as a result of the County's action to adopt a resolution which officially named a street which by custom has been called Landfill Road. The resolution brought before the Board of County Commissioners on November 9, 1999 to adopt a street name erroneously identified the location of the street and the street's former customary name (see followng page). The objective of this scrivener's error petition is to correct those errors in the description of the street's location and former customary name. CONSIDERATIONS: The Collier County Board of County Commissioners adopted Resolution 99-415, pertaining to the naming of a street which by custom has been named Landfill Road on November 9, 1999. Following the adoption of the aforementioned resolution, staff was advised that a portion of the site's legal description had been erroneously identified in the title and in paragraph two. The site was identified as being located in Section 29, when it is actually located in Sections 35 and 36. Additionally, the street's former customary name was erroneously identified in paragraph two. The street's former customary name was identified as Sanitary Landfill Road when it is actually customarily known as Landfill Road. According to the County Attorney's office, both of these items constitute a scrivener's error. FISCAL IMPACT: This scrivener's error is merely a process to follow to correct an error in a previously adopted resolution to rename a street. This petition to correct the error by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: This petition will not have an impact on the County's Growth Management Plan. FEB 2 2 2000 HISTORIC/ARCHAEOLOGICAL IMPACT: Staf?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. EAC RECOMMENDATION: This petition was not required to be heard before the Environmental Advisory Committee. PLANNING COMMISSION RECOMMENDATION: This petition was not required to be heard before the Collier County Planning Commission. PREPARED BY: k. ' , - E ; " ''-/'. '. .'.:" SUSAN MURRAY, AICP CHIEF PLANNER DATE REVIF~ VED BY: RONAI.d~) F. NIN(~ CURREI ~T PLANNING SERVICES ROBEI~J J. MULHEJ~E, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT ~'AGER DATE DATE APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVELOPMENT 8,: ENV. SVCS. DIVISION DATE Petition Number: SNR-2000-02, Scrivener's Error NOTE: This Petition has been tentatively advertised for the February 22, 2000 BCC meeting. RESOLUTION NO. 99-415 RESOLUTION NAMING WHITE LAKE BOULEVARD, WHICH STREET IS LOCATED EAST OF C.R. 951 AND NORTH OF t-75 (INTERSTATE HIGHWAY) IA1 SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER CGUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authotiz~ pursuant to authority of Chapter 336.05, Florida Statute, to name str~t~ and roads, ~xc~t for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to establish the name of White Lake Boulevard to a street which by custom has been v. am~ Sanitary Landfill Road which is located east of C,R. 951 and north of 1-75 (Int.'state Highway) in Section 29. Township 49 South, Range 26 East, Collier County, Florida; and WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The name of this street is hereby established as White Lake Boulevard and is conftrrned as such. BE IT RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlas~ of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Donethis ~'"t'~. dayo£ J'~Q,,m. vno~,_i~_ , 1999. · ';!i~ i :Dv~Gi-~TiE. BROCK. Clerk <, ~, "' ..... :.')e'~ .... , , . . ~ .~3~~ ~ ~ ~~o~ ~d Legal Suffici~cy: M~o~ M. S~dent Assist~t Co~ A~omey f/Ron Nino/~armn$ While L~kcs BIv~VR.N/im BOARD OF ZONING APPEALS COLL~,~ COUNTY, FLORIDA -1- Boacd Mtmute~ & Recomd~ 774-8408 RESOLUTION NO. 2000- A RESOLUTION AMEN~DING TIlE TITLE AND PARAGRAPH TWO OF RESOLUTION 99-415, A STREET NAMING FOR PROPERTY HEREINAFFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN TH~ PROPERTY'S LEGAL DESCRIPTION AND THE STREET'S FORMER CUSTOMARY NAME. WHEREAS, the Colher County Board of County Commissioners adopted Resolution 99-415, pertaining to the naming of a street which by custom has been named Landfill Road, on November 9, 1999, and WHEREAS, following said action adopting Resolution 99-415, staff was advis~xt that a portion of the site's legal description had been erroneously identified in the title and in Paragraph Two, and the street's former customary name had been erroneously identified in Paragraph Two, and constitutes a scrivoner's error. NOW, THEREFORE BE IT RESOLVED~ by the Board of County Commissioners of Colher Count' Florida, that the legal description contained in the title and Paragraph Two and the former street name ix, Paragraph Two of Resolution 99o415. is h~r¢Cy amended, by adding the corrected legal d~scriptions and forme~ street name to read as follows: RESOLUTION NAM/NG W H ITE LAKE BOULEVARD WHICH STREET IS LOCATED EAST OF COLL1ER BOULEVARJi).. £C.R.951] AND NORTH OF 1- 75 (INTERSTATE HIGHWA'f) lN SECTONS_ ~ 35 AND ~.6, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners has been requested to establish the name of Wtfite Lake Boulevard to a street which by cus:om has bec~ named Smn?-a.~j' Landfill Road which is located east of C.ollicr Boulevard £C.R. 951] and North of 1-75 (Interstate Highway) in Section,5 2-9 35 and 36, Township 49 South, Range 26 East, Colher County, Florida; and words struck ~hrouch are deleted; Boapd Minutes ~ Records ?74-8408 Jan 28 O0 1~:37p BE IT FURTIKER RESOLVED that this Resolution be recorded in the minutes of this Board. This Rezolution adopted after motion, second and majority vote. Done 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 Sufficient7: Mal-jox~e M. Studmt Assistant County Attorney ~lmm/Milc/Scr~veng't's ff. tlx:,r I:[v. solufion/SM/im words struck through are dele%ed; words -2- EXECUTIVE SUMMARY PETITION VAC 99-015 TO VACATE THE 15' WIDE DRAINAGE EASEMENT ALONG THE LOT LINE COMMON TO LOTS 33 AND 34, ACCORDING TO THE PLAT OF '~NORTH COLLIER INDUSTRIAL CENTER", AS RECORDED IN PLAT BOOK 31, PAGES 50 THROUGH 51, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND TO ACCEPT A DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT ON SAID LOTS 33 AND 34. LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described 15' wide Drainage Easement and to accept a Drainage Easement as a replacement easement. CONSIDERATIONS: Petition VAC 99-015 has been received by the Pla, ning Services Depmhuent from Perry Peeples, Esq., of Annis, Mitchell, Cockey, Edwards & Roehn, P.A. as agent for the petitioner, Commercial Development Company, requesting the vacation of the above-described 15' wide Drainage Easemem to accommodate proposed construction. They are also requesting that Collier County accept a Drainage Easement as a replacement easement. All required drainage improvements will be constructed within the replacement easement before a certificate of occupancy will be issued. Letters of no objection have been received from all pertmem agencies. Zoning is Industrial. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. ~-~ GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 99-015 for the vacation of the above-described 15' wide Drainage Easement; and 2. Approve and accept the replacement Drainage Easement: and 3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record the replacemem Drainage Easement documents and to record a certified copy of the Resolution in the Official Records; and 4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Rick Grigg, P.S.M. Thomas E. Kuck, P.E. Engineering Review Manager r Community Developmem & Environmental Services DATE: / -/~'- ~ DATE: DATE: FEB 2 2 2(]00 1 ~.~OLUTION NO. ~ 2 3 RESOLUTION FOR PETITION VAC 99-015 TO VACATE THE 15' WIDE 4 DRAINAGE EASEMENT ALONG THE LOT LINE COMMON TO LOTS 33 $ AND 34, ACCORDING TO THE PLAT OF "NORTH COLLIER INDUSTRIAL 6 CENTER", AS RECORDED IN PLAT BOOK 31, PAGES 50 THROUGH 51, 7 PUBLIC RECORDS OF COI.I.II~R COUNTY, FLORIDA AND TO ACCEPT A 8 DRAINAGE EASEMENT AS A REPLACEMEWF EASEMENT ON SAID LOTS 9 33 AND 34. LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH. RANGE 25 10 EAST. 11 12 WHEREAS, pu~uant ~o Seclion 177.101, Flon~ Strand. Petty ~ Esq., of bnni~. MilchelL 14 mqu~t the ~on of the 1 $' wide Dr~inn~ ~:-~,,~*"~t along the 1o~ line oommo~ to Lo~ 33 and 34, n,~,v~ng Io ! $ the plat of "North Collier Industrial Center", as record~l m Plat Book 31, Pages 50 through $1, Public Records of 16 Collier ~, Florida and Io -- -~ccs~-~ a Drnin~e F-,llseme~ as a rePla~ml~ ~ ~t said Lo~ 33 nnd 34; and 17 WHEREAS, the Board has this day held a public hearing to ~,4m- vacaung sa~d 15' wide Drainage 19 and 20 WI4EREAS, the gr~m4ng of the vacamo will nm advm~ly atf~ct ~1~- ownership or ngl~ of croton*lent 21 a~ess of otl,~r pml~emy owners. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIVlMISSlONERS OF 24 See Exh~ "A" nm,,o~4 Im~ and ~ hn~m 25 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLI.m:R 28 ~ 31 FlOnda. and to make proper no~on of this vacaUon on the mxmted pl~ as r~fer~nced ahoy, 32 This R~oluUon adol~d ~ motion, second and majority vole f~oling same 33 DATED: 34 ATTEST: BOARD OF COUNTY COMMISSIONERS 35 DWIGHT E. BROCK, Clc~rk COLLIER COUNTY, FLORIDA 36 37 BY: 38 39 4O 41 42 43 44 45 County At.riley TIMOTHY J. CONSTANTINE, Chaimm FEB 2 2 2000 % % 81~et 1 of 1 VAC 99~I$ PETITION FOR VACATION OF PORTION OF PLAT OF SUBDIVIDED LAND Date Received: ~-~mg~o ~.~._/ /~ Petition #: ¥,t:~ qq-ol__C-~ Petitioner: Commercial Development Company, a Florida general partnership whose sole general partner is Executive Development Company, a Florida general corporation. Address: 5150 Tamiami Trail North, Suite ~I 6,0 t City/State: Naples, Florida Agent: C. Perry Peeples, Esq. Address: 8889 Pelican Bay Blvd., Suite 300 City/State: Naples, Florida Telephone: 941-643-4474 Zip Code: 34103 Telephone: 941-597-7088 Zip Code: 34108 Address of Subject Property: 1025 Collier Center Way, Naples, Florida 34110 Location: Section 10 Township 48 Range 25 East Subdivision: North Collier Industrial Center Legal Description: Lots 33 and 34 of the North Collier Industrial Center as recorded in Plat Book 31 Pages 50-51. Reason for Request: inconvenient location of original dedication of drainage easements Current Zoning: Industrial Does this affect density? No I hereby authorize Agent to-represent me for this petition: Commercial Development Company, a Florida general parmership, by a general partner, Executive Development il;~ill~i~da~c°rp°rati°n ' 'p Lewalllen, President /17307 Date: FEB 2 2 2000 Official Receipt - Collier County Board of County Commissioners CDPR1103- Official Receipt ~ ~-~_~ ~ ~:~ '-O ~ ,~ I Trans Number 56724 Date 09/28/1999 2:26:59 PM Post Date 09/28/1999 Payment Slip Nbr MS 60097 COMMERCIAL DEVELOPMENT CO. New or Exist: N Payor · COMM DEV CO Fee Information Fee Code 12 PVAC Description PETITION TO VACATE GL Account 11313890032910000000 Total Amount $1000.00 $1000.00 Waived Payment Code CHECK Payments Account/Check Number 2205 Amount $1000.00 Memo: Vacation of Easement Check No. 2205 Total Cash Total Non-Cash Total Paid $0.00 $1000.00 $1000.o01 Cashier/location: FROLOFF_E / 1 User: AKERS_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:09/; AGENDA ITEM cC, tLU~lLt.~C AUTUHOBZLL C~P~y OF 8~STOH (A/K/A C~L~C AU~OHOBILE C~P~ O~ ~STON parCnerehLp, ~!,o~ ~,.,[[.*. n,l,l.~.. ~s 2500 N. T~L~L TraLl, SuL~e 231. Neplee, F~or~du 339~0 ......... . ,."~ ..... '~ '*~.'. I~;"' .".-' ' ~itnessdh: TI,,,~ The South J o[ the South J of the Southwest ~ of Seccton lO. Tovnshlp &8 South, Reuse 25 East. lyLng East o! U.S. Htshvey 41, Collier County, Florida, Less the South SO feet thereof previously deeded Co CoJ tLer County for road ct&hr-of-ray. Subject co easements and restrictions of record, and Cases ~or 198~ and subsequent years. and to ~ld, ,, ...... ,. ~..,.,,,~ ...... ~um~a~ Stamp Ta~ ~ecew~ $~ ~ Class "C' In~ngible // /~ Peril Pro~y Tax ~e ex(~ul~ in il~ name. o~ STATE OF ,L~AS SACH U S ETT S CC)U,"(TY OF /' _~' ~-* F f ~.: L lc. By ...... t ...... Peter Fuller ~ ,1 ~OLLIF-..R COUHT¥ ~E. COROED MARTEN I!. AJ~4TAH &nd Ah'HA AJ~4Z3~I, Husband amd #lEo, ~EQ4tGB P. ~ tva? . ~rtmt~n el ,he Cq~My of Wootchester . Store el ~ York COI,~ERCIAL DKVELOPKENT COHPAI~, a Florida sphere] partneroh/p, whom poe ot~e oddreu is 2500 North TamLaBI Trail, Sttite ~j~, Napleo, Florida of ~ C~,~ of ~er . S~t, of ~orLda ~tI~OSrl~, T~t ~ Oron~. b~ o~ iff c~,o~ of t~ M of ~ ~D 339&0 Ct) :~ ~ o~1 otiS, good ofld voJ~obJe co.~chyo~oM ~o *oki ~'oMo, ;o ho~l S~ki by w~d O~On:~. the ,e~pt wl~eo! ~ heeeby ock,~wledO~f. ~ g,of-ed, bo,ooi~d o~1 ~ ~o the M~d O,oM~. o-d Oron~'s be;rs o~ mt~O~ fo, e~. ~e follow4.O d~,ib~l Jo~l. ~. ¥n9 end b~n9 ~ Collier Cmm~. Ravia. ~t~ ~ne North 920 Feet of th~ Sou~:~wesc C~e-~a~ter (SM 1/4) of th..:- Southeast One-Quaz~cer (SE ~/4), ~y~nq ~'~st o~ ~e ACl~t~c Coast '.ine ~ilroad Right-of-Way, located i~ Sectzo. ~0, To.ship 48 South, R~ge 25 ~s=, situate, lyiflq and being in Collie r Co~.:y, S~BJ£C-- ?O real estate taxes for ~e year 1967; o£~, 9as and interests of re rd, iS any; utd ease't,,,nts and restrictions co~m,~on the pr~-' ' end ,*old orontor does he,eby fulJy ,,,arroflt the title fo ~oid fetid, o~ w,II defe~ ' "Grantor" ofld "g-orate" ate u:td tot s~v~r or plural, o~ c~text AGEHDA FTi~d FEB 2 2 2000 ,'-,--' ",*"--,,- ---:%:~z_ 016T5925 ,liam F. nrandes. Jr.. Esq. '-'~,;,1/.,.,~. :;oc ~ COLLIER COUNTY Hazier, Secmst & Emery ~:.:r~ Laurel Oak Drive - Suite N~,~es. FL 33940 RECORDED WILLIAM R. VINES. Tr"~:c and individually, hereinal'lcr called~~ Io COMMERCIAL DEVELOPMENT COMPANY. a Florida general parmcrsh':p, who~e po~ ofr~ce address i~ 10265 N. Tamiami Trail. Suilc 7. Naples. Florida 33963. hereinafter ca/lcd thc Gr,..nlcc. IWarnexseth: That thc Gramor. for and in cun.,~idcration of .hc sum of SIOA. ~ -,her valuable cunaidcrationa, receipt whereof is hereby acknowlcdgcd, l'.crcby grants, bargains. ~i1~ -Ii . rcica.ncs, convey,~ and confirms unto the grantee all that certair, land silua~ in Collier Count:- ",' .)f Fh,rida. viz: Thai portion of the Southw"..st Quarter (SW 114) of the Southo~t Quarter (SE 1/4) of Section 'i0. Township 48 South, Range 25 East, Collier Coumy, Florida. I~ng West of the Atlantic C(~a.<t Line "~ilroad right-of-Wa~, EXCEPTING the North 920 feel tJ~reof, and subject to a thirty ~30) ",or ea.;omen! along ',be South and We~ lines thereof for read right-of-way p~. AND GRANTING HEREIN ar -a.~emcnt for roadway along thc South thirty feet (30') of the S~,uthea.¢a Q~arter (SE I/4) c," a~d Section 10: a~d al.~. nn and over that portion of the No.,~ thirty t'o::t (3¢)'~ of SccLion 15 extending from thc Ea.,~l righl-uf-way line of U.S. 41 (Tamia,ni Tra~I~ m thc Eaxt b~)undar? ne of ~id Sccd.,n Ic.~.~ AUantic Coa.~t Linc Railroad right-ofoway.ail Ix-rog m Township 4b South. Range 25 '~t. Collier Coumy. Fh)rida. Grantor warrants hat thc iand.,~ d:.,,cribcd bcr¢in is not his homes~ad nor thc homc.~;tcao of any member ('study.nor is it adiacen: Ihcrcto and that he resides al 107 Clublaouse Lane. Naples. Florida. This Deed is made and g;vcn to confirm li;~¢ in the Grantee herein, which Grantee is the succcs,~)r in rJtlc ,{) Lhc intcrc.~t ,£ thc Grantee in that ccrtaie. L)ccd made by the Grantor hcrein on June 4. 1985 and recorded in O.R. l~.c:k 1156. Page ". ~' of Iht Public Records or Col?ier County. Florida. ~a- ~-. Together. with al; the tenen,ents, her,.'ditahicnts and ap~urtenax~ces thereto belonging to or ir. ,mywi~ appertaining. ?. ~'~, I/ave and w HoLd, ~c .~.mc in fcc simple ['orcvcr. And thc Grantor hereby covenanLn with .~id Grantee tha: the grantor aa of June 4. 1985 waa lawfully seized of .said land in fee simple: that the Grantor has good right and lawful auLflority to sell and convey said land. and hereby warrants thc title to said Iand aa of June 4. 1985. and will defend bh¢ .%amc against th~ lawful claims of all persona whu~ claims arose prior to said June 4. 1985: and thai said land wan fr..~ of all cncumbranc~ as of June 4. !98.5. cxccpl taxes accrued subsequent to .tNw. cmber 31. 1984. IN WITNI. SS WIt£REOF, the .~id Gr,,,'!or has signed and sea]cd the. ac pnr. aenl$ the day and year first above written. C. igncd. ~a.lcd and delivered m d~c prc.scncc of: William R. Vines. Tmstc~ and Individually 107 Clubhouse Lane Naples. Florida 33942 ~:f :.~.~: ~ '.1::': 'C' lr,'-:~"~qote . ~ .,. ,'~. ':;.:: L,:' ,'-:'" f c A~=NOA ITEk Fr'3 2 2 2000 FEB 2 2 2OOO 0 139122 e8 s COLLIER COUNTY RECORDED THIS DEED, earle and entered into this December, 1987, by and between SOU~AST aXNK, N.A.~ aa PersOnal ~Recresen:a~tve o: the ~ate o~ ~EANNE e. 3ZSSHEZER~ ~ceaaed~ aa MITN~B~B, that lot and tn consideration Ten Dollars and other valuable cons~'etat~on, te~ hereby acknovled~ed, Grantor has ~old and conveFed, and does he:eb~ sell ane convey unto Grantee, all that tract o~ ~tcel ot lane situated ~n Coll~e~ County, Florida, and described as tollob8: All of decedent's interest In o - ~ re cord. That pott£on of the Southwest Quarter (SW 1/4) o! the Southeast Quarter (SE //4) of Section lO, Iownship 48 South, Range 25 East, Collier County, Florida, l~ing west of the Atlantic Coast Line Railroad right-of-way, EXCEPTING the North 920 feet and the Sot:th 50 feet thereo! and subjecC to a 30 foot easement along the west lines thereo[ c:~ /or road right-of-way purFoses. ~.~~c:~ SL~JECT to easements, restrictions and reservations of G~ ~ TO HAVB AND TO BOLD the same to saio Grantees, their he/rs and assigns, in as tull and ample . inner as the same was F~ssessed or en ~ozed by the said JEANNE P. BI£SMEYER, Deceased, in 1: ~e:i~e, indivioually and as Fa~:ne~ of JEB FA~S, a ~iocida ?a~tne:snlF. IN WITNESS WHEREOF, the said Grantor has hereunto aet hand and seal the Cay and year above ~ritt~n. SOUIHEAST BANK, N.A., as Personal Representative of the Estate of JEANNE P. BISSREXER, ~ r,e ceased ........ ' · .: .. ,.; .; . d L .,~'., The foregoing ins truman[ was - cknowlc~'~ed be[ore me, this ~ND Day of ~ceeber, 1987, by ~a,~ & ~~o as ~;c~ ~..~ ~ O~ SOU~AST BANK ~ N.A., Personal Representative of the ~tate of JE~NE P. BISSMEYER, ~ceaoed, cn behalf o~ said Cor~ration. . ....... . ~... WITNESS my hand and seal t~ day of.'~~2?. , Th is instrument FreFared by: WILLIAM F. BP. ANDES, JR. , ESQ. fbtRTER, SEC~EST & EMERY 800 Laurel Oak Drive, Suite 400 NaFles, Flori Ca 33963 ,?..-. ,.. Certified copies of the Death irate, ~i11, Order admi~c£ng Probate, and Letters of Admlnistra:£on are attached hereto and made a part hereof · 2575R AGENOA ITEb, FEB 2 2 2OO0 31 ,, 11'/1 OHIO DEPARTMENT OF HEALTH c~ CERTIFICATE OF DEATH " ----'-----.2-O~ Jeanne ~ontgomery USA Homemaker ~lorida i,.Sarascta .~arasota ,.6710 Midnight Pass h.. yes An~rose Puttman n !,, LOuise Rothan }~r. l,;illi~m C. Bissmeye~,~, Jr., P.O. Box 26230, Indianapolis, I:~d.46226 !,,- .,',iD-- ". YE£. . ,~ur~aL I,.12/5/19 86]:'~ate of Heaven Cern. ,~,ontgomery, Ohio 'et.e: J. Gillig&n 7787-A ..l-~',r~h.u D ~1~,¢~ 4S~O ;illigan Funeral lion, 8225 Montgomery Road, Cin~xnna~i, Ohio 45236 222000 001313 OR BOOK PAGE O s~oitivu Previa t~e Z.2.l Z g~,e, devLoe ~ ~ea~b on, girth (X/S) of ~U~ ex~u~ on ~ho 30~h ~y of ~e~r, XgOS, for ~ pr~eaae M, t~n the m~re ~r this ~ri~ra~ o~ ~ dlotr~t~ ~aAXM u~er Paragra~ Z.2.2, 1.2.3. X.2.4 m~ X.2.S X.2.2 Z 9L-O, devise ~ ~ea~h ~rLf~h CZ/S) BZS~BR, ~ If ~ o~ld pc~e~e M, ~ ~o hLo d~eaoe ham, ~ chL~d'o o~:e ~oXly d~-~ children. ~ $~ Mne of his cbJ~dr~ ~rv$ve biB, ~o hal B 22 2000 001~'~ OUI 1~3 OR BOOK PAGE FEB 2 2 200~ _ I I 0~i313 OR BO~K III _ P~.GE ,.,.,...'.* 1.3.1, 1.1.2, 1.1.4 d J.J.S TIB~I0, ~ if 8~ o~ld pr~flH ", t~ ~ ~r children, ~t If ~e of ~r cALAdc~ ~E~ive Mr, to ~- ~.2.S ~ ~lve, bvLoe ~ ~eetb 8e~4 ~eet, reside ~ r~L~ec to ~ hggbteg, ~ * tha~ ch/Zd'o ohre ~alJy ~o ~t cbi~d'l cbi~dr~, ~t If ~ne of ~c chlidcen nrvive ~r, ~o ~r livl~ liege, ~ 1.2.3 i~ Z.2.4 a~ve. 2.1 X floulfl&te &fid request the C~r~ ~L~ JurLodLc~Lon or ~ estate to o~Lfl~ as ~ ~o-~]ecutor8 of ~ estate ~ Zs~to[. :~ ~or any reason HLtber o~ ~ ~ lo ~1~ or. -2- AGENDA 2 2 2000 NNIn' OR 800K 0(11160 PAGE FEB 2 2 2000 ~. /~' 0CI313 OR BOCK. ,;0116 PAGE 1.1 ! aQthorlle ir/ I~sl¢lltef. oltlkollt tetra efkf! te # Lq, vlthoet l[iLt&t[on~ t~ ~11 qive o~urity t~rofor. foal probity o~ pl~e ~r~l ~rtyl ~ to easts reooo~le pro~rty conotl~utl~ ~ estate at t~ tim of ~ priate, or am re~ir~ by ~r~Mntl miqn~ by N, i~luding 3.1.6 ?o ~ ,' pro~rty in t~ MN of I 3.1.7 ?o I1Z~l&e probity, mney aK r~e&ptl ~ M~o distributions in cllh ~o~ tn ki~ i~ BIS~EI ~U~ under ~te of ~ce~r 30, l~aS to ~ ~ld by -3- FEB 2 2 2000 OR 80C", 001182 AGENDA ITF. M -- 2000 ,.._/£ OR BdO~ OOl 16lli p~.G~ FEB 2 2 2000 ~.~ ? GE lei JdlnJ ill the dole of intention ~o g%ve · ,,. th, ti. ~roon for ~ 3.3 ~vk%~t&~tnq the ~oE~ot~ provtotor~ ~r~f, oflX7 &[tlc 41% ~ch ... '.' :. . .". :.. ;. AGENDA ITEM 81gLL~R COUNTY R-~OROEE J~RRY J. 5CU~RER and E~I~R J. KOK~NG~ ~nd~vzdually and ~fl their ~apacity as genera/ partners o~ JEB Farms, a Florida Partnership, ~ COMMERCIAL DEVELO~U~T COMPANY, a Florida general partnership .4 ..... ~..~,,il..aJ, I,.,, ,, 2~00 N. Tamiami Trail, Suite 231, Naples, FL 33940 /,.,,.i,,,,h.. ,,,IL~I fl,. ......... ~ ,.TLZ..._TJ% "." '"~ '.'- .......... ~. ~ ~ ~ ~ ~ . ~-,-..' ,~ -.,- ~:"~. · ,'M.al, l~ ,',,.,,,l~.~i,,.,. ,~ .,...I,~,e,,I ~ ~1,~ ~A,,..'I,.I.,~L A~&, em-h. ~ai.,. sell,..lie.,. ma,e,. ,~..,.,. ,'-,,,-.v, ~,,,I ,o,,I,,m, .,.e ~ke ~e.~. ~11 d,,. c~m,, ~,,~ m~e i. Collier ('mm~. FI,~,,la. ,.,:. That ~rtfon of the Southwest ~uarter (SW 1/4) of the Southeast ~ua~ter [SE 1/4) of Section 10, Township 48 South, Range 25 East, Collier County, Florfda, lying west of the Atlanti: Coast Line ~ailroad right-of-way, ~SS AND ~CE~ the South 50 feet and the North 920 feet thereof, and subject to a 30 f~t easement along the west line chereof for road right-of-way pur~ses. SUBJECT TO easements, restrictions and reservations of record, if any. The above property fs vacant iana and not the homestead of Grantors. ~sr O~Ue ,,,rifffn. COL'~TY ()F COLLIER I ~IER£SY (:IrRTIE'y :ha~ on {h,s day. bt(gee me. aa a~flerm dvk- E~ER J. KOKENGE, Individually and in the, capacity as general partners of JEB Farms ' '~"~kori~ Dartners~ib, .... .-- ,.e.~ .~ ~. j - %~ITNESS m, ha~ a~d ~Gcial waJ :n Ik~ ~my a~ ' ' -;L~. -' .... ~'-~ ~ · *' ~' ''~ 7 ._. ~-;~ ~. ~ ~ ~.f~ . { J.~,, Soo ~utel Oak 9~{~:'~' ..~,:2~ .~ -. L AGENDA ITEM :EB 2 2 2000 ANNIS. Mn'CHiLL. COCK Y. EDWARDS 8 ROEHN. P.A. ATTORNEYS AT LAW ONE TAMPA CITY CENTER SUITE 2100 P.O. BOX 3433 (ZIP 33601) TAMPA, FLORIDA 33602 TELEPHONE: (813} 229-3321 FACSIMILE: (813) 223-9067 PELICAN BAY FINANCIAL CENTER SUITE 300 888g PELICAN BAY BOULEVARD NAPLES, FLORIDA 34108 TELEPHONE: (g41) 597-7088 FACSIMILE: (941) 597-6984 ONE UNIVERSITY PARK, SUITE 600 12800 UNIVERSITY DRIVE P.O. BOX 60259 (ZIP 33906) FT. MYERS, FLORIDA 33907 TELEPHONE: (941) 489-1776 FACSIMILE: (941) 489-2444 201 SOUTH MONROE STREET SUITE 200 TALLAHASSEE, FLORIDA 32301 TELEPHONE: (8S0) 224-7668 FACSIMILE: (850) 224-7290 PLEASE REPLY TO: NAPLES (941) 597-7088 ppeep@annislaw.¢om September 8, 1999 Mr. Phillip Lewallen President North Collier Industrial Center Owner's Association, Inc. 5150 North Tamiami Trail, Suite 601 Naples, FL 34103 AVAILABLE FOR CONSULTATION K~RGEL, VOLLHARDT & PARTNER Re: North Collier Industrial Center Dear Mr. Lewallen: We represent Commercial Development Company in a petition for vacation of a pomon of the plat for North Collier Industrial Center, as recorded in Plat Book 31, Pages 50 and 51. Our client seeks to vacate the drainage easements located on lots 2, 3, 33 and 34. The drainage easements will be re-dedicated on lots 2, 3, 33 and 34, as demonstrated on the enclosed copies of the plat. If your office has no objection to our client's proposed course of action, please indicate so by signing the signature block at the end of this letter and returning the same to our office in the enclosed envelope. This letter of no objection shall serve as a substitute for our letter to your office dated August 20, 1999, due to a change in the locations of the new drainage easements. If you have any questions, please do not hesitate to contact our office. I have no objection to the proposed vacation. North Co,~r Indus '~wner's Association, Inc. By: Philli!Le~en, President CPP/rm Enclosure 7495. ! 6081.007 ASSOCIATE MEMBER, £UROPF..AN LAW FIRM, WITH OFFICES IN BRUSSELS AND PRINCIPAL EUROPEAN AGENDA i~ FEB MXIO ynEseg.~ ANN,S. MXTCHELL. COCKEY. EDWARDS g ROEH 4. P.A. ATTORNEYS AT LAW ONE TAMPA CITY CENTER SUITE 2100 P.O. BOX 3433 {ZIP 33601) TAMPA, FLORIDA 33602 TELEPHONE: (813) 229-3321 FACSIMILE: {813) 223-9067 PELICAN BAY FINANCIAL CENTER SUITE 300 888g PELICAN BAY BOULEVARD NAPLES, FLORIDA .14108 TELEPHONE: (9411 597-7088 FACSIMILE: (g41) 597~6984 ONE UNIVERSITY PARK, SUITE 600 12800 UNIVERSITY DRIVE P.O. BOX 6025g (ZIP 33g06) FT. MYERS, FLORIDA 33g07 TELEPHONE: (941) 489-1776 FACSIMILE: (941) 489-2444 201 SOUTH MONROE STREET SUITE 200 TALLAHA$SEE, FLORIDA 32301 TELEPHONE: (850) 224-7668 FACSIMILE: (8.50) 224-7290 PLEASE REPLY TO: NAPLES (941) 597-7088 ppeep@annislawocom September 8, 1999 AVAILABLE ~:OR CONSULTATION K~RGEL. VO£LHAROT & PARTNER Mr. John R. Houldsworth Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 Re: North Collier Industrial Center Dear Mr. Houldsworth: We represent Commercial Development Company m a petition for vacation of a portion of the plat for North Collier Industrial Center, as recorded m Plat Book 31, Pages 50 and 51. Our client seeks to vacate the drainage easements located on lots 2, 3, 33 and 34. The drainage easements will be re-dedicated on lots 2, 3, 33 and 34, as demonstrated on the enclosed copies of the plat. If your office has no objection to our client's proposed course of action, please indicate so by signing the signature block at the end of this letter and returning the same to our office m the enclosed envelope. This letter of no objection shall serve as a substitute for our letter to your office dated August 20, 1999, due to a change m the locations of the new drainage easements. If you have any questions, please do not hesitate to co~tact our office. C. Perr~ Peeples I have no objection to the proposed vacation. Collier County Engineering Review Services John R. Houldsworth, Senior Engineer CPP/rm Enclosure 7495. i 6081.007 cc: Mr. Phill/p Lewallen ASSOCIATE MEMBER, [UROPEAN LAW FIRM, WITH OFFICES IN BRUSSELS AND PRINCIPAL EUROPEAN C FEB 2 2 200(] lES Pg.~:~_..__ ANNIS, MXTCHELL. COCKE¥. EDWARDS 8 RO HN. P.A. ATTORNEYS AT LAW ONE TAMPA CITY CENTER SUITE 2100 P.O. BOX 3433 (ZIP 33601) TAMPA, FLORIDA 33602 TELEPHONE: (813) 229-3321 FACSIMILE: (8131 223-9067 PELICAN BAY FINANCIAL CENTER SUITE 300 8889 PELICAN BAY BOULEVARD NAPLES, FLORIDA 34108 TELEPHONE: (941) 597-7088 FACSIMILE: (941) 597-6984 ONE UNIVERSITY PARK, SUITE 600 12800 UNIVERSITY DRIVE P.O. BOX 60259 (ZiP 33906) FT. MYERS, FLORIDA 33907 TELEPHONE: (941) 489-1776 FACSIMILE: (941) 489-2444 201 SOUTH MONROE STREET SUITE 200 TALLAHASSEE, FLORIDA 32301 TELEPHONE: (850) 224-766& FACSIMILE: (850J 224-7290 PLEASE REPLY TO: NAPLES (941) 597-70§8 ppeep@annislaw.com Septembe~ 8, 1999 AVAILABLE FOR CONSULTATION K.~RGEL. ¥OLLHARDT & PARTNER FAX: 011-49-30-881-1308 Mr. John H. Boldt Director Coliier County Stotmwater Management 3301 East Tamiami Trail Naples, FL 34112 Re: North Collier Industrial Center Dear Mr. Boldt: We represent Commercial Development Company m a petition for vacation of a portion of the plat for North Collier Industrial Center, as recorded in Plat Book 31, Pages 50 and 51. Our client seeks to vacate the drainage easements located on lots 2, 3, 33 and 34. The drainage easements will be re-dedicated on lots 2, 3, 33 and 34, as demonstrated on the enclosed copies of the plat. If your office has no objection to our client's proposed course of action, please indicate so by si~tming the signature block at the end of this letter and returning the same to our office in the enclosed envelope. This letter of no objection shall serve as a substitute for our letter to your office dated August 20, 1999, due to a change in the locations of the new drainage easements. If you have any questions, please do not hesitate to contact our office. I have no objection to the proposed vacation. Collier County Stormwater Management J~Directo~ CPP/rm Enclosure 7495.1 6081.007 cc: Mr. Philllp Lewallen ASSOCIATE MEMBER, EUROPEAN LAW FIRM, WITH OFFICES IN BRUSSEI~ AND PRINaPAL EUROPEAN C lES AGENDA rTEM FE3 2 2 2000 Pi. ANNIS. ONE TAMPA CITY CENTER SUITE 2100 P.O. BOX 3433 (ZIP 33601) TAMPA, FLORIDA 33602 TELEPHONE: (813) 229-3321 FACSIMILE: (813) 223-g067 PELICAN BAY FINANCIAL CENTER SUITE 300 888g PELICAN BAY BOULEVARD NAPLES, FLORIDA 34108 TELEPHONE: (g411 597-7088 FACSIMILE: (941) 597-6984 EDWARDS 8 ROEHN, P.A. qq-ot ONE UNIVERSITY PARK, SUITE 600 12800 UNIVERSITY DRIVE P.O. BOX 6025g (ZIP 33g06) FT. MYERS, FLORIDA 33907 TELEPHONE: (g41) 48g-1776 FACSIMILE: (941) 48,9-2444 201 SOUTH MONROE STREET SUITE 200 TALLAHASSEE, FLORIDA 32301 TELEPHONE: (850) 224-7668 FACSIMILE: (850l 224-7290 PLEASE REPLY TO: NAeLES (g41) 597-7088 ppeep~annislaw.com September 8, 1999 Mr. Ed Kant Director Transportation Department 3301 East Tamianu Trail Naples, FL 34112 Re: North Collier Industrial Center Dear Mr. Kant: AVAILABL[ FOR CONSULTATION K~RGEL~ VOLLHARDT & PARTNER KURF ORSTENDAMM 3& D-lO71e~ IERLIN, GERMANY TRANSPORTATION DATE: ACTION: FILE: .... X-REF: I We represent Commercial Development Company in a petition for vacation of a portion of the plat for North Collier Indusmal Center, as recorded m Plat Book 31, Pages 50 and 51. Our client seeks to vacate the drainage easements located on lots 2, 3, 33 and 34. The drainage easements will be re-dedicated on lots 2, 3, 33 and 34, as demonstrated on the enclosed copies of the plat. If your office has no objection to our chent's proposed course of action, please indicate so by signing the signature block at the end of this letter and returning the same to our office in the enclosed envelope. This letter of no objection shall serve as a substitute for our lette~ to your office dated August 20, 1999, due to a change in the locations of the new drainage easements. If you have any questions, please do not hesitate to con~ vV C. Pent ct our office. ~eples I have no objection to the proposed vacation.~ · Deparmaent ~ Ed Kant, Dire~ 7495.1 6081 .iX}7 cc: Mr. Phillip Lewallen ASSOCIATE MEMBER, EUROPEAN LAW FIRM, WITH OFFICES IN BRUSSELS AND PRINCIPAL EUROPEAN AGENDA FEB 2 2 20O0 -'.s pj.~ ___ DE~C=08-'99 WED 11:37 ID: TEL NO: ~271 P02 ANNIS, ONE TAMPA (~l'rY C~NTEK 22*~ Flool P.O, BOX 343.1 (ZIP TELEPHONE; fOlJ) 22~-3321 FACSIMILE: (B131 223.t~7 2/11 SOUTH MONIEOE STREET SUITE 2OO TALLAI.4A.~.SEE, FLORIDA $2SO1 TELEPHONE: (&~O) ZZq-Tb~a F~CSIMILE; (050) 224-~2~0 MITCHELL, COCKEY, EDW^.: ......___ ,,'Or' ATTORNEYS AT LAW T~LE~HON~: (941) S97-7008 .~. T~MONI; (~1] ~.1776 FACSIMILEr (~1) gt?-6eea ,. NAPLES ~L t Pa (~ I) 597- 7088 ~o~ ~-m mar nnis aw.~m November 23, 1999 Mr, Donald B. C. artcr ~C Manager Sprint United Telephone-Flor/da P. O. Box 2a77 Naple~, FL 34102 Re: Ner~ Collier indu~n'ial Center Dear We represent Coffu~-etcial Dev~oprne~t Company in a Petition for Vacation of a Port/on of thc Plat. ~ North Coil/er Industrial Center, a~ recorded in Plat Book 31, Pagna 50 nad 51. Our client nenkn to vacate the drninn~ eemnents located on Lots 2, 3, 33 and 34. The drainage easemems w~l! be reded~ on Lo~s 2, 3, 33 and 34, a~ denmnatrated on thc cn~losed copiea ofthe Plat. We have been notified by tile County Attorney's Office of our need to obtn/n a ietmr of no objoclion from your office, de~ite the fi~ that Ow tied/cat/on Imguqc on thc Plat for North Coll/=r Indm~iai Center expressly stnte~ that the ut/I/ty en~,ment~ are non-exaludve. If your office lu~ no objeot/on to our client's pmpo~/coupe of ~on, plmae i~i~ w ~ ~ ~ silage b~ ~ ~e ~ of~is I~ ~d ra~mg ~e ~ m ~ offi~ in ~e ~io~ ~vel~. If~ h~e ~y q~s, pl~ ~ n~ ~ ~ ~ o~ Very truly yom's, Ma~e~ L. Ombin~ki ! have mo objection to the proposed vncndon. Mr. Phillip Lew~llen 8845. i 60~1.007 ASSOCIATE MEMBER, EUROPEAN J.AW FIRM, V~ITH OFFICES IN BRUS.,,~LS .*.ND PRINCIPAL EUROPEAN aT 12/08/99 ~ 10:38 [TI/RI NO FEB 2 2 2000 ~2891 ANNIS. MITCHELL, COCKEY, EDWARDS 8 ROEHN, P.A. ATTORNEYS AT LAW ONE TAMPA CITY CENTER 22"d Floor P.O. BOX 3433 {ZIP 33601} TAMPA, FLORIDA 33602 TELEPHONE: 1813) 229-3321 FACSIMILE: 1813) 223-9067 PELICAN BAY FINANCIAL CENTER SUITE 300 8889 PELICAN BAY BOULEVARD NAPLES, FLORIDA 34108 TELEPHONE: (94t1 597-7088 FACSIMILE: (941) 597-6984 ONE UNIVERSITY PARK, SUITE 600 12800 UNIVERSITY DRIVE P.O* BOX 60259 (ZIP 33906) FT. MYERS, FLORIDA 33907 TELEPHONE: (941) 48,9-1776 FACSIMILE: (941) 489-2444 201 SOUTH MONROE STREET SUITE 200 TALLAHASSEE, FLORIDA 32301 TELEPHONE: (850) 224-7668 FACSIMILE: (850) 224-7290 PLEASE REPLY TO: NAPLES (941) 597-7088 mgrab@annislaw.com November 23, 1999 AVAILABLE FOR CONSULTATION KURF URSTENOAMM 207-2011 Mr. J. W. Whne Construction Sewices Florida Power & Light Company 4105 15m Avenue S.W. Naples, FL 34116 Re: North Collier Industrial Center Dear Mr. White: We represent Commercial Development Company in a Petition for Vacation of a Portion of the Plat for North Collier Industrial Center, as recorded in Plat Book 31, Pages 50 and 51. Our client seeks to vacate the drainage easements located on Lots 2, 3, 33 and 34. The drainage easern~ts will be rededieated on Lots 2, 3, 33 and 34, as demonmaat~ on the enclosed copies of the Plat. We have been notified by the County Attorney's Office of our need to obtain a l,~a~-r of no objection from your office, despite the fact that the dedication language on the Plat for North Collier Industrial Center expressly states that the utility easements are non-exclusive. If your office has no objection to our client's proposed course of action, please indicate so by signing the signature block at the end of this letter and returning the same to our office in the enclosed envelope. If you have any questions, please do not hesitate to contact our office. Very truly yours, Matthew L. Grabinski ! have no objection to the proposed vacation. Florida Power & Light Company Construction Services cc: Mr. Phillip Lewailen MLG/rm Enclosures 8845.1 6081.007 ASSOCIATE MEMBER, EUROPEAN LAW FIRM, WITH OFFICES IN BRUSSELS AND PRINCIPAL EUROPEAN a11ES FEB 2 21 n. a7 MediaOne- This is Broadband. This is the way. 301 Tower Road Naph~, FL 34113 Tetephtme: 941-5~2-3801 Fax: 941-992-1289 December 7, 1999 Mr. Matthew Grabinski Annis, Mitchell, Cockey, Edwards, & Roehn, P.A. Pelican Bay Financial Center, Suite 300 8889 Pelican Bay Boulevard Naples, Florida 34108 Re: North Collier Industrial Center Drainage F, asemem Vacation and Rededication of Drainage Easements Located on Lots 2, 3, 33, and 34 Dear ]Vfr. Grabinski: MediaOnc-~ has reviewed the plat for the above referenced property as reex~ded in Plat Book 31, Pal~ 50 and 51, of the public reoords of Collier Cmn~, Florida and have no objection to the proposed consmsetio~ ffyou have any ftmn-e concen~, please feel flee to call me at (941) 732-3801. S~ly, Gene Howell, Construaion Yan~er aWfjh AOENDA ffEM FEB 2 2 2000 LIST OF ABUTTING AND OTItER PROPERTY OWNERS WITHIN 250 FEET OF PROPOSED VACATION: Petitioner: Subject Property: Commercial Development Company Drainage Easements located on Lots 2, 3, 33 and 34 of the North Collier Industrial Center Mark A. and Linda L. Holdeman 611 5th St. NW Naples, FL 34120 #64040000161 Michael J. and Mafia A. Zaccheo 63 Southport Cove Bonita Springs, FL 34134 #64040000187 Florida Car Doctors, Inc. c/o Star Specialist 11570 SW 120 St. Kendall, FL 33176 #64040000721 Susa Partnership, LP 10440 Little Patuxent Pkwy. Suite #1100 Columbia, MO 21044 #145120007 Hometown Landmark, LLC 70 W. Madison St. Suite//4030 Chicago, IL 60602 #153200003 *** All other property located within 250 feet of the proposed vacation is owned by Petitioner. - FEB 2 2 2OOO 0 f 1 AGENDA FEB 2 2 2000 .,,. FEB 2 2 2000 - Pi. ~- P.04 [998 COLLIER COUNTY NOTICE OF AO VALORE~ TAXES AqO NON-AD VALORE,q ASSESSMENTS/-``` JNT EARNED ¢~ 1N NOV 3~ IN OEC Z~ IN JAN It IN FEB O~ . 2.6060 5 ',~ ~ .;~a-'. *??-.~ '.~ * ,o&a_5 ~-..,.',LO~ ~~~~*., *-~S~-~T*A'~~R'E'-~'"~T '~.b;..~ ~',..-~ '~,. ~ ~ ~'~." ~-,~ ;Wi/4 L¥l~lO E OF TAMIA ""' ' ~,iL,.w*'* ~ ' ·" .TRAIL LESS $~OFT LESS U~IqF. CeD :.-'~ .~-~'.___~-_~_._,~.~.-.~ .......... · : :, { { { Mh,M,,,lllh,,,,lh,,hlM,,,,lh,hlhM,M,,hl ~ COLLIER COUNTY NOTICE EARNEO &~ l~l NOV slO 25 N 6.'ZOFT 1.]o~ PG ~,$8 0R AD VALORE~ TAXES AND NON-AD VALOREH A ~ IN O~C 2~ IN JAN 1~ TN FEB SESS~EHT$ IHHER ~'i'iLi CO' ' 03/17/99 ~ED 14:33 FE3 2 2 2000 MAR--l?--99 WEI) 14 :28 ¥ 1998 COLLIER COUNTY NqTICE UNT EARN.cD 4~X ! N NflV TAXES AND.NON-AD VALOREM ASSESSNENTS 2~ TN JAN I*R IN FEB OF IN MAR 3 001 OF SWIt4 O; SEI/~ LYG ACL P./; LESS THAT PART OF LOT COU, JER COIM/Y TAX COLLECTOR OOURTlg~E COMPLEX · BUILDING Gl NA/q~ R. ORIDA a,111~4~7 :OMI,(~RCIAL DEV CO ~0 TAHIAM! TR~ N STE NAPLES..~L 34103-Z~! aot .qg .OLLI.r~ COUNTY NO'TIC NT ,;AR.N~D ,~ ! N NOV VALORE?M ASSESSMENTS FEB O~ IN MAq 3,59 5 2.606C .,?0~¢ 1 ',0'~9! 14,. 614,] 3 NAPLES· COLLIER ~ TAX COLLECTOR COUWTHO~ COIIIt. EX - ~ C-1 NAIK.ES, R.OffiOA 3,1112.4~ [AMI TRL N STE FL 3¢103-2818 301 9;> r LESS GNqBAQE P &l 0.._- 11 / 18,/98.,., . q,OZ8.O0 GUY "~E'~4""~"~ R"L"q'~ N~.-.'v~r ~ L EC T OR 03/17/99 WED 14:33 [TX/RX NO 81 2000 EXECUTIVE SUMMARY PETITION VAC 00-001 TO VACATE ROAD RIGHT OF WAY, BEING A PORTION OF TRACT D (VIZCAYA WAY), ACCORDING TO THE PLAT OF "VIZCAYA AT BAY COLONY", AS RECORDED IN PLAT BOOK 18, PAGES 37 THROUGH 39, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the platted road fight of way in Tract D (Vizcaya Way, a private road right of way) at "Vizcaya at Bay Colony". CONSIDERATIONS: Petition VAC 00-001 has been received by Planning Services from Richard D. Yovanovich, Esq., as agent for the petitioner, Earnest W. Moegelin, requesting the vacation of a portion of Tract D (Vizcaya Way). The Petitioner will be adding a garage to the existing home and needs to vacate a small portion of the platted road right of way in order to meet the front yard set-back requirements. The area to be vacated does not include any pavement or travelways. Since this is a private road right of way, there will be no public benefit. Letters of no objection have been received from all pertinent agencies. Zoning is P.U.D. FIS. CAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 00-001 for the vacation of a portion of Tract D (Vizcaya Way); and 2. Authorize the execution o£the Resolution by its Chairman; and 3. Direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records and to make proper notation of this vacation on the recorded plat as referenced above. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: John Houldsworth, Senior Engineer Engineering Review Services Thomas E. Kuck, P.E., Engineering Review Manager Pl~i.n/~Services Departmen.~irector Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services DATE: F--L~ ce, DATE: DATE :2 - ~ -c.~ DATE: & '---~ /? //_ FEB 2 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 2000- RESOLUTION FOR PETITION VAC 00-001 TO VACATE ROAD RIGHT OF WAY, BEING A PORTION OF T1L-kCT D (VIZCAYA WAY), ACCORDING TO THE PLAT OF "VIZCAYA AT BAY COLONY", AS RECORDED IN PLAT BOOK 18, PAGES 37 THROUGH 39, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Sections 177.101, 336.09 and 336.10, Florida Statutes, Richard D. 12 13 14 15 16 17 t8 19 2O 21 23 25 26 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 Yovanovich, Esq., as agent for the petitioner, Earnest W. Moegelin, does hereby request the vacation of a portion of Tract D (Vizcaya Way), according to the plat of"Vizcaya at Bay Colony", as recorded in Plat Book 18, Pages 37 through 39, Public Records of Collier Counb,, Florida: and WHEREAS, the Board has this day held a public heanng to consider vacating said portion of right of way in Tract D (Vizcaya Way), as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS. the granting of the vacation wil! not adversely affect the ox~mership or right of convenient access of other properU' owners. NOW, THEREFORE, BE IT RESOLVED BY THE BO,ad~D OF COL.~TY COMMISSIONERS OF COLLIER CO[..~TY. FLORIDA, that the folloxxing road right of way is hereby vacated: See Exhibit "A" attached b. ereto and mcorpora:ed herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to advertise the adoption of this Resolution once m a paper of genera] clrc'alation in the CounD' within 30 days folloxx lng its adoption. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof ofpuNication of the notice of public hearing and the proof'of publication of the notice of adoption of this Resolution in the Official Records of Collier Count?'. Florida. This Resolution adopted after motion, second and majority vote favonng same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COL :"NTY, FLORIDA BY: TIMOTI-D' J. CONSTANTINE. Chairman 941 4~S 1218 2~00,01-11 ~UL~Af~ CU 16Al Tdephone*. 2,14-3~7-~934 Zip Code:/.,~ 3A~ Address: /40~1 T~.an~. Trall ~orch. Suite 300 City/SLate.:_ Na~ la_~, ,, ]~1 nrldz ....... Telephone*./, ~ 5-'~ % %s . ,, Address ofSubjcct Prupert~.. ?uA1 v.~_,::?~ ~./ ,, _ ..... _ .... Location: Secrion~ ¥ownship. --~ ~ Rluge~Subd/visioa:_~._~y~ ar ~:~. c~,~,~.y Lager De~rlption: LotSee " Block, _ Unit Flat Book~ Page(s) 37-39 _ ~tta~hed R=ssonfor Request: Hmne Renovaciou and ..Geraze Add,flown~ ,,, Curr~nt Zoning: 1' .~. D., ...... Does this sflec~ density? ~.. . I keret~ tuthorize/:~qcent above to replant me for this petition:, ~Y~ [] No S~e of Peflfion(r Date  ~r~es~ ~. ~oe~e~i~. , ,, PJeu¢ see "Policy and Proee, iure For the Vacation and Ammimeut o(Plnts or Po~om of ~a~ Of S~di~ded ~nd~ ~0F thc IbC or suppo~ve ~t~als w~ch must K~mpany t~s p~fi~n, an~ de.er or m~l to: P~ing ~ ~c~.Dep~eut 28~ ~o~h ~r~e Dr. Napl~, Flofi~ ~104 (1) (2) (4) If opplic~nt is a hud '~ast. lnd~cnVe the tame ofbeu~ci~u, If ~p~caut h ~or stoc~oM~s. ~ spplt~t is · p~m~p~ li~ p1r~e~hip or o~ bu~s ~fi~, ~dJcute ~e nmu of p~u~pMs. List ~l other own~s, V ] ZCAYA A] BAY COL_ONY SHEE'IPLAT BOOK ,6 .tl~..Ok .~PAGt- .:~.. Documem I~eparafion Only Withou~ Opimon By: l-harold I. Webm, Esquire GOODLETTE, CO--AN & JOHNSON, P.A. 4001 T,mi-m~ Tr'~l North. S~tc 300 Napl,""L Floricb. ~4103 f:moegtli, qcxl .[Spa~ Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed ~ dated this/0' day oflDe, a~, 1999, by BAY COLONY COMMUNITY ASSOCIATION, INC., a Florida nm-for-profit corporalion, hereinafter referred to as Grantor, whos~ address is 8700 Bay Colony Drive, Naples. Florida 34108, to ERNEST W. MOEGELIN and CAROL A. MOEGEL~, Husband and Wife, hereinafter collectively referred to a~ Graatee, whose post office address is 954 Coldspring Drive~ Northville~ 1~ 48167 WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00, and othm- good and valuable considerauon paid by Grantee, the receipt and mfficiency of which is hereby acknowledged, does hereby remise, release and quit-claim to the Grantee forever, ail of the Gramor's right, title and interest in and to that certain land situate, lying and being in Collier County, Florida, a~ more particularly described as follows: Exhibit "A' aRached hereto and incorporated herein by reference TO HAVE AND TO HOLD the same together with all and singular the appurtenances thertunto belonging or in anywise appertaining, free of any and all encumbrances, claims, and demands whatsoever. llh' WITNESS WHEREOF. the Grantor has caused rJiese presents to be executed in its name by ils proper officer thereunto duly authorized, and its seal affixed hereto, the day and year first above written. Signed, sealed a.nd d~livered in the presence of: · ~imess ~ BAY COLONY COIvLMUN~SOClATION, By: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this lO'th day of ~SC'~,m b ~ 1999, by ~ ~-q E "'~P'~' , as President of BAY COLONY COM.MUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, who ( ~/~ is ~rsonall¥ known to me or who ( ) has produced ~-~" ~ as identification. NOTARY PUBLIC: Sign Co~sion ~i~s' ~.~j~ Sylvia D/Fo , tl~nL~c Eon&n~( EXHIBIT "A" LEGAL DESCRIPTION Being a paP, of Tract "D" Vizcaya at Bay Colony Plat Book 18, Page 37-39, Collier County, FLorida. .'" Commencing at the intersection of Vizcaya Way and Via Vecchia said point being a PK nail for perma':ent, control point according to the plat Vizcaya at Ba'; Colon as recorded in Plat Book 18, Pages 37-39 (~f Public Records of Collier County, Florida. Thence run S14:22'30"W along the chord of a cur'¢e concaved to the southeast ha,'ing a radius of 1280.00 feet and a arc length of 115.45'; thence leaving said cur.,,e run S83:32'37'W for 31.88' to the northeast corner of Lot 31, Vizcaya at Bay Coion'/ as recorded in Plat Book 18, Pages 37-39 Collier County, Florida, thence S10:47'21"V;' along the chor: ora curve conca,'ed to the southeast having a radius of 1310.00 feet and ar~ arc of 25.5? feet to the point of beginning of the herein describec :arc, e!: Thence leaving said cur,de run east for 15.00'; thence south for 30.00' thence '¢,est for 19.96' a-.d the southeast corner of exist:.ng building; thence run '109:23'17"E for 31 .'-' i' and to the pst; of beginning. Sad parcelconta!ning0.0120acresmcreorless. JAN 17 2~B0 14:50 FR BAY COLONY 9415911685 TO 4551218 P.04×05 This receipt is for the entire Tract "D", as the Property Appraiser has not yet assigned a parcel ID number to the portion sold to the Petitioner'by Bay Colony Homeowners Association. Official Receipt - Collier County Board of County Commissionem CDPR1103 - Official Receipt Trans Number - D-ate - 176425 01/24/2000 11:17:43 AM Post Date Pmt Slip # Status 01/24/2000 MS-65319 , POSTED GOODLETTE, COLEMAN & JOHNSON PA New or Exist: N Payor · GOODLETTE COLEMAN Fee Information Fee Code Des~ripti~-n' - -~L Acc0un~ ..... ~no~ waived 12PVAc PE~'TiT!ON 'FO V_A. CATE- Total $1000.00 Payments Payment Code CHECK Acc°unt/ch~ck Number A~o~nt 9544 $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid $1000.00 Memo: Vacation of Easement - Vizcaya @ Bay Colony Check No. 09544 Cashier/location: GARRETT S / 1 User: AKERS T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:01/24~200~ ?q18:$0 ~ JAN 17 200(~ 14:49 FR BAY COLONY 9415911S8S TO 4351218 P.02xO$ Janua~ 13,2000 Kamn Todd @ay Colony C~mmunity Association, Inc, Vizcaya at Bay Colony 8700 Bay Colony Ddve Napies. Florida 34108 RE: Vacation of tha~ Portion of Tract D, V'~.caya at Bay Colony, adjacent to the prape,'b/owned by Ernest Moegelin, Lot 31, Tract D, Vizcaya at Bay Colony. Dear Ms. Todd: This office represents Mr. Moegelin in refer:once to his per,ion to vacate a po~on of T~c~ D, of the Plat of Vizcaya et E,3y Colony. A copy of a survey showing ~e proposed area of the plat to be vacated is enclosed for your review. In order to pursue the vacation of this small area of the plat, it is necessary for Mr. Moegelin obtain a Letter of No Objection from you. We are at~empting to have this plat vacation completed by March 1, 2000 so that Mr. Moegeiin can begin constru~on of his home. Accorclingly, we will need your approval foxed back to 435-1218 by January 15, 2000 to meet the County's application and advertising timelines. In addition, we wouJd appreciate ~ if you cou[~ forwar0 a ropy of the paid tax receipt for Tracl D. The portion purchased by Mr. Moegelin has not been given a sepa~te parcel number by the i~roperty appraiser's office yet and a psid tax receipt is require forthe application. Also, a copy of the letter from Mrs. Mooney telling the Homeowners Association that she clid not object to the sale of 1he property Mr. Moe{;lolin will also assist us in our application. If you have any questions regarding this matter, please contact me or my assistant, Rachel Frisl~e. Thank you in advance for your review and assistance in this matter. Ve~ truly yours, Richard D. Yovanovich rcf l~~ _.c objection to the p. posed ...... vacation. Prin,'Name& Title _J.~l~lG/~ L~. 1~~ ~30~A~W~ DATA~ GA~O EG ELI N~TODO.L~ 435 ~,2"- B C~ w w c~ C~ This receipt is for the Lot next to the portion of Tract "D" sought to be vacated, also o~ed by the Petitioner. :-;: ;--. . [. .-'-: -- ' · . ..... : ' ' : _;-::' ~ES 2" · ~ 2000 JAM.~6.~OD~ 7:STAM N0.3~6 P.i×I GOODLETTE, COLEMAN & JOHNSON, P.A. ATTOKNtgY~ AT LAW I~VI'N G, COLEMAN' J. DUDLEY GOODL~T'F~ I~NNETH I'C JOI'INS ON I~CHAKD D, YOVANOVICH TAMIAMI ~IL NOR~, 5~TE 300 NAY~, PLO~DA 34103 {941) ~5-12~ 8 ~ACS~ILE ~MAIL: gcj~p~mmai[mom LrNDA C. BtllNI~MAN' SCOTT M, ]4.ETC~UM XIgVlN ~.. Lo.rEs I-~OLD J. WEBKE, III January 18, 2000 J.W. White Construction Services Florida Power & Light Company 4105 15th Avenue SW Naples, Florida 34116 RE; VIA HAND DELIVERY Vacation of that Portion of Tract D, Vizcaya at Bay Colony, adjacent to the property owned by Ernest Moegelin, Lot 31, Tract D, Vizcaya at Bay Colony, Dear Mr. White: This office represents Mr, Moegelin in reference to his petition to vacate a portion of Tract the Plat of Vizcaya at Bay Colony. A copy of a survey showing the proposed area of the plat to be vacated is enclosed for your review. In order to pursue the vacatbn of this small area of the plat, it is necessary for Mr. Moegelin obtain a Letter of No Objection from you, We have had No- Cuts cletermine whether there are existing utilities in the area being vacated and their investigation indicates there are no existing utility facilities, Since there are no existing utilities, we are requesting that you execute this letter on the signature line below indicating you .have no objection to this plat vacation and return it to us in [he envelope provided, We are aEemptlng to have this plat vacation completed by March 1,20(30 so that Mr. Moegelin car~ begin construction of his home. Accordingly, we wilt need your approval foxed to 435-1218 by as soon as possible to meet the County's application and advertising timelines. [f you have any questions regarding this matter, please contact me or my assistant, Rachel Frishe. Than~, you in advance for your review and assistance in this matter. Very truly yours, Richard D. Yovanovich rcf have no objection to the proposed vacation, J,W, White, Florida Power & Light Company F:\DATA\WPDATA\LITIGAT~MOEGELiN\WI~ITE,LTR FRC,~ :GOOt]LETTE, COLEMAN ~41 4~ ~18 ~,~1-1~ 1~:2~ ~148 P.01/82 GOODLETTE, COLEMAN & JOHNSON, P.A. ATTORNEYS AT I_AW KEV1N G, COLEMAN .I- D [7]DLE¥ GOODLEI'TE KENqNETH R. JOHNSON KICt4A. KD D. YOVA1NOVICH NORTHERN TRUST BANK BUILDING 4001 TAMIANLI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 (941) 435-3535 (~41) 435-1218 FACSEMI~E E-MAIL: gcj@~printmaikcom January 13,2000 LIN-DA C- BKINKMAN SCOTt M. KETCH KEVrN K, LOTTES I-IAROLD J. WEBRE, John R. Houldsworth Senior Engineer Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 VIA FAX: 643-6968 RE: Vacation of that Portion of Tract D, Vizcaya at Bay Colony, adjacent to the property owned by [Ernest Moegelin, Lot 31, Tract D, Vizcaya at Bay Colony. Dear Mr. Houldsworth: This office represents Mr. Moegelin in reference to his petition to vacate a portion of Tract D, of the Plat of Vizcaya at Bay Colony, A copy of a survey showing the proposed area of the plat to be vacated is enclosed for your review. In order to pursue the vacation of this small area of the plat, it is necessary for Mr, Moegelin obtain a Letter of No Objection from you. We are attempting to have this plat vacation completed by March 1, 2000 so that Mr. Moegelin can begin construction of his home. Accordingly, we will need your approval faxed back to 43.5-1218 by January 15, 2000 to meet the County's application and advertising timelines. If you have any questions regarding this matter, please contact me or my assistant, Rachel Frishe. Thank you in advance for your review and assistance in this matter. Very truly yours, Richard D. Yovanovich rcf I have no objection to the proposed vacation. L_ J oh-'fi"R. Houli:lsw6rth Senior Engineer Collier County Engineering Review Services F:~ATA\WPDATA\LITtGATE\MOEG ELIN~HOU LDSWO,LTR 2000 GOODLETTE, COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW KEVIN G. COLEMAN J. DUDLEY GOODLETTE KENNETH R. JOHNSON RICHARD D. YOVANOVICH NORTHERN TRUST BANK BUILDING 4001 TAMIAMI TRAIL NORTH, SUITE 303 NAPLES, FLORIDA 34103 (941) 435-3535 (941) 435-121s FACSIMILE E-MAIL: gcj(~ sprintmail.cora Januaw 18,2000 LINDA C. BRINKMAN SCOTT M. KETCHUM KEVIN R. LOTTES HAROLD J. WEBRE, III Donald B. Carter E&CManager Sprint United Telephone - Florida P.O. Box 2477 Naples, Florida 34102 RE' Vacation of that Portion of Tract D, Vizcaya at Bay Colony, adjacent to the property owned by Ernest Moegelin, Lot 31, Tract D, Vizcaya at Bay Colony. Dear Mr. Carter: This office represents Mr. Moegelin in reference to his petition to vacate a portion of Tract D, of the Plat of Vizcaya at Bay Colony. A copy of a survey showing the proposed area of the plat to be vacated is enclosed for your review. In order to pursue the vacation of this small area of the plat, it is necessary for Mr. Moegelin obtain a Letter of No Objection from you. We have had No- Cuts determine whether there are existing utilities in the area being vacated and their investigation indicates there are no existing utility facilities. Since there are no existing utilities, we are requesting that you execute this letter on the signature line below indicating you have no objection to this plat vacation and return it to us in the envelope provided. We are attempting to have this plat vacation completed by March 1,2000 so that Mr. Moegelin can begin construction of his home. Accordingly, we will need your approval faxed back to us at 435-1218 by as soon as possible to meet the County's application and advertising timelines. If you have any questions regarding this matter, please contact me or my assistant, Rachel Frishe. Thank you in advance for your review and assistance in this matter. Very truly yours, Richard D. Yovanovich rcf I have no objection to the proposed vacation. Dona!d B. C ..... / ) E&C Manager Sprint United Telephone-Florida F:\DATA\WPDATA\LITIGATE\MOEGELIN\CARTER LTR FILE N0.436 01/13 '00 16:07 ID:CC TRANSPORTnTION FnX:7?4 5375 PaGE i N NOR~ ~L~T B~ 3~D~G ~DA C. [~ 4 ~1 TAMIA~ ~L NOR~ S~t'E ~o ~CO~ ~. ~C~ ~'~' N~, FLOR~A 34l~3 ~VIN ~ LO~S ~-~ Bg~.prin~com ~anua~ ~3, 2000 ~r. Ed KsnL P.~., Director VIA ~: Tran~Do~ic n Ds~a~m~nt 3301 East T~ miami Traila Naples, Flori~Ja 34112 RE: Vacation of that Pd~ion of Tract D, Vizcaya at Bay Cobny, aajacent to the ~roper~ owned by Ernest Moegelin, Lot 31, Tract D, V~caya at Bay Colony. Deer Mr. Kar,t: Thi~ office r6presents Mr. Moegelln In reference to his petition to va~ta a potion of Tra~ D, of the Plat of~lzcays at Bay Colony A copy of a su~ey showing the proposed area of ~e plat to be vacatefl is endose~ for your review. In order to pursue the vacation of this small area · e plat, it i~ pe~ssa~ for Mr. Moegelin o~tain a I e~er of No Objection from you. There area being vacated does not lnctude any road improvements, We am affemptlng to have this plat vacation ~rqpleted by March ~, 2000 so that Mr, Moegelin can begln const~ction of his home. Ac~rdlngly,?e will ~d your approval by Janua~ 15, 2000 to meet the County's application and advedi~lpg t~metines. If you have any questions regarding this maEer, please conta~ me or my assistant, Rachel Frinhe. ~ank you in a~vance for your review and assistance in this. matter. rcf I have no ot Ed Kant, P.E Tr~nsportati~ action to ropos vacation Very truly yours, R chard D. Yovanovlch ~'~DATA~WPO~TA~_ITICAI'Ia~MOEGELIN\KANT.L l'R ~:?-Z~ A ;TFJ~ 2000 ' ERDM ,:~aOODLETTE, Fax:941-?52-2585 3an 24 '00 16:57 P. 01 GOODt.ETTE, COLEMAN & JOHNSON, EA. .ATTOItNE, Y5 AT I-AW ~%'IN G COLI~vtAI'S- J_ DLTDLE'Y GOODM!TTE KENNE'rI-! ]L.IOl XNS~)AI LII'C3A c. BRINFdvr, AN SCOTT M, KEVIN IL, HAAC~D !. W~l~, January 13, 2000 Ms. Diane Oeoss Public Work~ Engineering Technician Publig Works Division 3301 East Tamlaml Trail Naples, Florida 3411:2 VIA FAX, 732-Z526 Vacation of that Portion of Tract D, Vlzcaya at Bay Colony, adjacent to the property owned by Ernest Moegslln, Lot 31, Tram D, Vlzcaya at Bay Colony. Ms, Deos$_' This office represents Mr, Moegelin in reference to his oeti§on to vacate a portion of Tract D, of ~hc'Pla: Of Vizcaya at Bay Colony. A co0y of a survey showing the proposed area of the plat to Da vacated is ~nclosed for your review. In order to pumue the vacation of this small area of the plat, It Is necessary for Mr. Moegelin obtain a Letter of No O0jection from you, We have had No- Cuts cletermine whether there are exisang utilities in the area being vacated and their Investigation Indicates t~ere are no exiSUng utility faclllUes, Tl~ere Is an existing sewer line serving the property which will be relocated within an existed platted utility. We are requesting lhat yuu execute this letter on [he signature line below indic, stiffS you have no objection to this plat vacation and return it to us in ~he envelope provided. We are aEempting to have this plat vacation completed by March 1, 2000 so that Mr. Mnegelin can b~gln construction of his home. Accordingly. we will need your approval faxad back to us al 435-1218 by January 15, 2000 to meet'the Counly's application and advertising timeHnes. If you have any questions regarding this matter, please contact me or my assistant, Rachel Frishe. Thank you in advance for your review and assistance in this matter. Very truly yours, Richard D. Yovanovich rcf have no oDjactlon to tl~e proposed vacation_ Diane Deoss Public Works Engineering Technician F ),D ATA~WP D ATA~,LiTiG ATE~.MO F_GELINU3EO~M.LTR JAN-20--~)O ~)2:25 PM 2-000 Ji-l.: P.O1 ~9~) F . ~I GOOD[FTTE, COLEMAN 6: JOHNSON, P.A. KI:.' kTN G J DUDLEY GOODL2'I'T£ ICEN.'N'ETH .R. JO:q'N$ON Fd(:H.A~D D YOVA.."4OV'ICH N©RTHE2,_'N TRUST B.~'~ K Bt JLDtNC, TAMiA,V,I TR.&IL NORTH, N,,kPLE~), FhO~tl~,~, ,141,75 (941! 435.12:~ LI?',"DA C. IIKIN I{,~,',AN' $CO'I-1- M KZTCHUM KE'¢['N It LO'IT. ES January 13, 2000 North Naples F~re Control District 1441 P~ne Ridge Road Naples. Florida 34109 ViA I:kX: 597.7082 RE: Vacation of that Porhon of 'Tr,~CI' D, Vizcaya at Bay Colony, adjacent tu tile property owned by Ernest Moegeli¢, Lot 31, Tract ID, Vizcaya at Bay Colony. Den' Commissioner: Thru offi0e represents Mr. Moegelm in reference to l~is petition tn vacate a portion of Tract D. of the Plat of Vizcaya at Bay Colony A copy of a sJrvey show;ag the proposed area of the plat to he vacated is enclosed for your review In order to pursue the vacat,on of Lh~s small area of th(.' plut, it is necessary for Mr. Moegelin obtain a Letter of No Objectioc~ from you. No ex~stin9 roadway or access improvements are affected ~y this plat vacation. We are attomptng to have th~s plat vacatio,~ completed by March 1,2000 so that Mr. Moegelin can begir~ construction of h,s home. Accordingly, we will need your aparo,/al f~xed back. to 435-1218 by January 15, 2000 to meet the County's application and advertising time!tries. If you have any questions re§ardi~cj this matter, pleas.e co~tact me or my assistant, Rachc; :rishe; Thank you in advance for you, review and assistance in this maker. Very trul'/yours R~chard D Yovanovich rcf I have no objecbon to the proposed vacation LIST OF PROPERTY OWNERS WITHIN 250 FEET OF SUBJECT PROPERTY Pelican Bay of Naples Foundation, Inc. 3251 Pelican Bay Blvd. Naples, Florida 34108-8126 Unit #15, Tract 1 Bay Colony Community Association 8700 Bay Colony Drive Naples, Florida 34108-7757 Tract A, B, D, E, F Richard C. Notebaert 2355 North Commonwealth Avenue Chicago, IL 60614-3484 Lot 25 Lynda S. Caffey, Trustee 7881 Via Vecchia Naples, Florida 34108 Lot 26 James F. and Anne Lynne Dowd 913 Ponus Ridge New Canaan, CT 06840-3419 Lot 27 Richard J. & Donna M. Kletjian 7849 Via Vecchia Naples, Florida 34108-7530 Lot 28 Ned W. and Helen B. Bechhold 1345 Greenway Terrace Elm Grove, WI 53122-1608 Lot 29 James Persell Mooney Janet Marie Mooney 2410 Pebblebrook Westlake, OH 44145-4364 Lot 30 James L. & Judith Ann Bailey 508 Ponus Ridge Road New Canaan, CT 06480-0000 Lot 57 Alfred M. & Toni M. Cady 3428 Timber Ridge Minneapolis, MN 55439-1057 Lot 58 FEB ;.'2 2300 F~Oi'l -"GOODLETTE, COLEi'IRN 94% 43.~ 12ZS 2~¢.0,(~1-24 89:5-~ 1~325 P.Ol KEVIN G. COI..EMAN I. DUDLEY GOODLETT£ KENN'Er'H K JOI'"L-~$ON KICHA.K.D D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, EA. ATTOKNEYS AT I~W NOKTHE~N TRUST I~ANK BUn.DING 4001 TAM. IA,M1 TKALL N O~L'H, SUITE 300 NA.PI r.g, FLOILI:DA 341 D3 (941) 435-3535 (9¢I) 435-121 ~ FACSIMILE E-MAI~ gcj@.,'prmrmaiLcom JanuaW 13,2000 John H. Boldt, P.S.M., P.E. Director Collier County Stormwater Management 3301 Tamiami Trail East Naples, Florida 34112 VIA FAX: 732-2526 AND REGULAR MAIL RE: Vacation of that Portion of Tract D, Vizcaya at Bay Colony, adjacent to the property owned by Emest Moegelin, Lot 31, Tract D, Vizcaya at Bay Colony_ Dear Mr. Boldt: This office represents Mr. Moegelin in reference to his petition to vacate a portion of Tract D, of the Plat of Vizcaya at Bay Colony. A copy of a survey showing the proposed area of the plat to be vacated is enclosed for your review. In order to pursue bhe vacation of this small .area of the plat, it is necessary for Mr. Moegelin obtain a Letter of No Objection from you. We are attempting to have this plat vacation completed by March 1, 2000 so that Mr. Moegelin can begin construction of his home. Accordingly, we will need your approval faxed back to us at 435-1218 by January 15, 2000 to meet the CountCs application and advertising timelines. If you have any questions regarding this matter, please contact me or my assistant, Rachel Frishe. Thank you in advance for your review and assistance in this matter. Very truly yours, Richard D. Yovano'~rich rcf I have no objection to the proposed vacation. ~v~ ~ John H. B~ldt, P.S.M, P.E., Director Collier County Stormwater Management g :\DATA~,WPOATA\~ITIGATE'.,M O EG ELIN \B OL DT.LTR 10.14 57' 26' 51 'E 18.72 31 TRACT ~E~ {ACT '1 ' --D PELICAN ZEN BAY 5 '~: 28 30 ! ! / ~,=1'01'59" L=26.8~ TO DRAINAGE LOT 58 BOUNDARY 58 JAN 17 2~0 14:50 FR BAY COLONY 9415Si1685 TO 4351218 P.05×85 Auguz~16, I999 To Whom Tll/~ May Be Addressed: This 1eliot is ~/nform you Y. ha~ I am aw'arc of Mr. and .M.Y$. ~-ni¢ Mo¢§¢I/D'-~ plan.~ to renovate and expand their residence at 7gOl V~caya '&'ay, and that T have absoluu:ly no obj~tions to their dohng .qo. I have seen thc plans and th.ink that the project very tastefully designe& And as their most immediate neighbor I ~tually look fora~d to the improvement.~ intended. Sincerely, Janet M. Mooncy TOTAL i LINE DATA PI Al HOOK StlEET 2 OF (/3 O ! I EXECUTIVE SUMMARy PETITION ASW-99-1, MDM SERVICES, INC. REPRESENTING SAM'S CLUB, REQUESTING A 300-FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BE'rWEEN AUTOMOBILE SERVICE STATIONS FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. The petitioner seeks a waiver of the minimum separation requirements set forth in Section 2.6.28. of the Land Development Code (LDC) if it is demonstrated by the applicant and determined by the Board of Zoning Appeals that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. The petitioner wishes to locate a service station in the Sam's Club parking lot to serve Sam's club members only. CONSIDERATIONS: The subject site is located at the intersection of Airport and Immokalee Roads. The Sam's Club site is 15.25 acres in area and has 1179 feet of frontage on Airport Road and 562 feet of frontage on Immokalee Road. The site is presently developed with a 135,000 square foot building. Access to the site is from two (2) existing driveways, one from Airport Road and one from Immokalee Road. The site is surrounded by a commercial development to the west across from Airport Road, a Commercially zoned vacant property to the east, a future commercial tract to the north across Immokalee Road and a church to the south. Staff's analysis and subsequent recommendation, and the Board of Zoning Appeals determination, are based on specific criteria as set forth in Section 2.6.28. of the LDC. These criteria generally address the existence of natural or man-made buffers, or other mitigating circumstances which may help lessen the impact, on surrounding properties, especially residential, from the high level of intense use which typically occurs on automobile service station sites. Staff's findings based on these criteria are summarized below. The site is located at the intersection of Airport and Immokalee Roads. There is an existing Mobil station on the west side of Airport road in the Greentree shopping center. The proposed members only gas station will be located on the east side of Airport Road in the Sam's Club parking lot. The proposed service station area will be at least 300 feet from the Mobil Station property line; however, Sam's club property is directly across FEB 2 2 2O0O Pg-___../ the Airport Road from the existing Mobil service station. The proposed Sam's service station should not negatively impact surrounding properties. The project site has frontage on two (2) major road right-of-ways both classified as major artedal roads. Airport Road is a four-lane road scheduled to be six laned, and Immokalee Road is a four-lane road. Both roads run parallel to major drainage canals. The automobile service facility will operate from 6:00 AM to 9:00 PM. The access to the proposed gas station will be from the existing Sam's Club driveways on Airport and Immokalee Roads. FISCAL IMPACT: This separation waiver request by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees pdor to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The granting of this waiver request will have no impact on the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT; Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EAC RECOMMENDATION: There are no environmental issues with this petition, therefore, this petition was not forwarded to the Environmental Advisory Council for review. CCPC RECOMMENDATION: Section 2.6.28.4. of the Land Development Code does not require the Planning Commission to review petitions for waiver of distance requirements for automobile service stations. STAFF RECOMMENDATION: Staff recommends conditional approval of the waiver from separation requirements for automobile service stations from 500 feet to 200 feet subject to staff stipulations listed in the Resolution of approval. 2 FEB 2 2 ZOO§ PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP /~IEF PLANNER ~I~D F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS. Petition Number: ASW-99-1, Sam's Club Executive Summary/Staff Report for February 22, 2000 BZA Meeting. FEB 2 2 2000 KKIT. S & BagEl,S DESCRLPTZOII (Am roqueeted by C1~eoC)~ 25 ~ost, Co~11er ~ounty, F~or~da, bezng more porcLculsrZ7 desc=~bed so N.89056'~$'~., 100.0~ faze along ~be North boundn~! of to the ~SWt koum4~7 of the Vew~ EoX~ 9~ tbe %ortbvea~ Qusrtdr S.O0'52'25'E., 1179.82 ~ee~ a~oo8 sa~d bf~ boundary ~o ~be Soach bound8=7 or ~he Ior~bveet ~8r~er of ~he Xo~chvee~ ~ercer of amid SecC~on 25: ~heace s.ag'56'I6'V** 566.33 Stsc aZoni Coum~y rLsh~-of~ay Ibon ~m wild Road ~Lmt hok 2, pole 37; acres, Bors or ~eoa. _ -- -- -- I __ -- - mi I m III · ~ I I__ ~lll _ II J J i i I I ! I ! ! I I i i I :' '*~' T~ £0/£0 9££'0N Zg:ZI, 6~, 01,/~1, 901, Lg~'9 L~6 $:13~A~::15 HDH SERVICES 9416481106 11/02 '99 11:23 NO.??1 02/08 . W ' FoRWAuTOMOBILE SER~C'E ST A8 '99-01 ' Ifil Petit/on No.: A b ~,' ~ 9- U I "Date Petition ~ Petitioner's Name: Saa's Club Pet/tion~r'sAddmss: 608 SV 8ch sc., Seutonville, AR 72712 Fax: .501/277-7792 T¢lephoae: 5ol/277-8054 Agent's Name: I~[DH Se~,ice$, Inc. Agent's Address- 3706 IX~ Dz'., L.mkelaad, ri, 33811 911/6&8-1106 Telephone: 9&I/646.9].30 Legal Description of Subject Property.: Subdivision: [mia Unit l~/A ., Lot (s)_ Block (s) .~/A Section 25 Twp. A8 Range 25 .... P~ I.D. # 001-65-6~.-.00-04 COLLIER COUNTY COMM-UNITY DEVELOPMENT PLANNING SERVIC~/~[i~IqT PLANNING Z800 N. HORSESHOE D~ - NAPLES, FI., ~4104 PHONE (941) 403-2400/FAX (941) 643-6968 ,.~,P~t.iCATgO~ FOR wArVER OF FOR A~roMoBILF. FEB 2 2 2000 MOM SERVZCES 9416481106 11/02 '99 11:23 N0.771 05/08 Metes & Bounds Description: See attached F. xhibit "A" Address of Subject Property: (ff d/ff~.az fi-om Pe~iom~"~ ~ldre~) Current Zoning and Land use of'Subject Parteh ltd., Nap~.esf Florid~ C-~ - recall Adjacent Zoning & Land Use: $ ~C-4 Retail ~ C-& Retail w c-& Retail What is tbs extent of ~¢ waive lning rexlUest~l (in linear f~'O frmn thc nNuitmt 500 foot separation? (NOTE: This mmmu~ment is the shoo. st ~ ~ ~ the z~r~st points of any two lots occupied by an Automobile S~ceic~ Station, or for which a buildh~g permit has b~-n i~'u~l.) The diseanc~ between the,~,,am'$ Club tank pit area to the west co the Nobil facility property line is approximately 382 linear ~eet. APPt,ICATION FO~ WAIYER OF' SEPARATIOIq i~.,Q. ,FOR AUTOMOBIT..E SEKN?FCE STATIONS mmtfdmm~m~ m FEB 2 2 2000 MOM SERVZCES 9416481106 11/02. '99 11:23 N0.771 04/08 Waiver of Distance Reqnfrrements: T~¢ Board of Zoning Appeals ma),, by resolution, grant a waiver of part ~ aH of the minimum separation requirements set forth/n Sect/on 2.~.28. if it is dem~ by the applicant and determin~ by the Board of Zoning Appeals that the site ln'oposed' for de~,elopment of an Automobile Scrvice Stat/On is sepimted from. ~nother A~omobile Service Stntion by natural or mnn-ma~ boundaries, structut~ or other feann'~ which offset or limit the necessity for such min/rnum distance r~pdrements. Staffs analysis and subsequent recommend~on, and the Board of Zon/ng Appeals determi_n_at/on, are basod on the following criteria as provided by Collier County Land Development Code Section 2.6.28.4. Please respond to the below l/sted cr/teria to the extent you wish ns it lin'tn/ns to the proposed use; attach additional page~ if necessary. Describe the nature and type of natural or man-made boundary, structure, or other featur~ lying between the proposed establishment and an existing Automobile Service S_mOon which may, as dctm'm~._i_n_ed by the Board of Zoning Appeals., lessen the ~ of · e propose~ service station., Such boundary, stmcturc, or other featurc may include, but not limited to, lakc~, marshes, nondevelopable wetlands, design~ed preserve re'ess, canals and a minimum of a four-lane arterial or collector right-of-wa~. Between the proposed SamVs CLub station ~nd the ex/sting HobL1 statLon vide canal end a 200' wide RO~ for ALz'port Pulling Road. Whether or not the Automobile Service Station is only engaged in thc servicing of automobiles during relular, daytime business hours, or ifin addition to or in lieu of servicing, the station sells food, gasolin6 and other convenienc~ items during daytime, nighttime, or on a 24-hour basis. The proposed station will sell gasoline orO. y Co Sen*s CZub membeEs only during S~m's Club's regular business hours. ,~'iq. IC~TION FOR WAIn~R OF SEPARATJON REO. ImOR AUTOMOSILE SFJ~'ICE STATIONS. AGENOA FfEM FEB 2 2 2000 PAGE $ OF 6 MOM SERVICES 9416481106 11/02 '99 11:24 N0.771 05/08 Wb~ber thc Automobile Service Station is Ioc~d w/lh~ a shopping center primarily accessed by a driveway, or if i! fronts on and is accessed directly from a platted road right-of-way. This project w/.ll be constructed tn the existing Sam's Club park:tn$ lot (utilizing existing access drives.) No additional access drives are proposed. Whether or not thc granting of the distanc~ wavier will havc an adverse impaci on adjacent land uses, especially residential land uses. users. Waiver Request Submittal Requirements: The request for an Automobile Service Station waiver shall be based on the ~ of the required application, a site plan (measuring no larger than 24" X 36"), and a written market stud), analysis which justifies a nmxi for ~be additional Automobile $ervic~ Station in the d~sired location. The site plan shall indicate the following: The dimemions of the subjeci prope~ AIl vehicular poinls of ingress and ~ a~a/th~:/r rdafionship ~ thc l~rking area and site dwulation Demonstration of compliance with all. r~o~em~n~s of this Code includi~ thc location of the smvziures on site. lmatsaaping, off-street parking, site circulate, MDM SERVlCES 941~4~110~ 11/02 '99 11:24 N0o771 06/08 ,., The location o£ all pro~scd bu~ arc~s and their dimen~ons The layout of road(s) on which the proposed station fronts or to wh/ch ~ is M'ovided,/nclud/ng the typc ofroad(s), thc number of lane~, and the location of intersex:tions and turn lance, m~l/an lo,at/ohs and mod/an w/.dths, for a 500 foot d~e fi'om the wbject parcel UPON SUBMI'ITAL, PLEASE INCLUDE FOURTEEN COPIES OF ~ ABOVE APPLICATION AND SITE PLAN t'MEASURING NO LARGER THAN 24" X 36~. IN ADDITION, PLEASE INCLUDE FOURTEEN REDUCED ($ ½ X 11 ) COPIES OF THE SAME SITE PLAN. AJ~I~ICATION FOR WAP/E~. OF' $~.P.,kJIATION AGF. NDA ITEM FEB 2 2 2000 MOM SERVICES 941(>481106 11/02 '99 11:25 N0.7'/'1 07/08 '. AFFI. D_/~ VIT We~I, ~ being first duly .r~orn, depose and say that am/are the owners of the property described lutrein and whic~ is th~ subject matter of the proposed hearing; that all the answer~: to the questions in this applit~ation, including the disclosure of part of tho application, are honest and true to the best of om, knowt~ and beli~. that the content of this form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. ~ property owner ~e/lfurther authorize gelle]r L. Blackburn az our/my representative in any matter~ regarding this Petition. gO act Signau -e of z'ro Owner Typed or Printed Name of Owner Typed or Pn'nted Name of Owner by ,. who is ~p~rsonall. v kno~.~o me or has produced State of Florida County of Collier AJPPLICATJ(~ ~ W,dlf~/131 Ol~ SEP,41~'r'IO~ (Pnnt, r~ or Stamp Commissioned Nan~ of N~tary t~bl~) ~ra~D~ RESOLUTION NO. 2000- RELATING TO PETITION NUMBER ASW-99-1 FOR A 300 FOOT WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS FOR 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 (Ord. No. 91-I02) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required separation of 500 feet between automobile service stations; and WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public heating at, er notice as in said regulations made and provided, and has considered the advisability of graining the waiver of the 300 foot waiver from the 500 foot separation requirement between service stations for a service station loca_!ezl on the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.6.28.4. of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition ASW-99-1 represented by MDM Services, Inc., on behalf of Sam's Club with respect to the property hereinafter described as: Exhibit "A" FEB 2 2 be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement for service stations of 500 feet between the above described property and the lot on which the nearest service station establishment is located, with a resulting required minimum separation requirement of 200 feet, subject to the following conditions: 1. Development of the site shall comply with Section 2.6.28 of the Land Development Code. BE IT RESOLVED that this Resolution relating to Petition Number ASW-98-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2000. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY J. CONSTANTINE,CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ORIE M. STUDENT ASSISTANT COUNTY ATTORNEY G:/admin/ASW-99-01/CB/Is -2- FEB 2 2 2000 11/02 ' 99 11' 25 NO. 771 . MOM 'SERVICES 9416481106 25 ~aet, Co~er County, Florida, belns more deecr~bed se ~o~ovo: Commence at the Northwest corne~ o~ said Sec:~oo 2~; thence ~.89'36'~5'~., 1OO.02 feet alerts the North boundary o~ ea~d the Vest boundary of ee~d Section 25, to the Lube:section of a Cold,er County rtsht-of-vny, es shorn tn Road PZat Book 2. pase 37 of cbs Public Records ~f Said County. ~tb the south riaht-of-#oy X~ne of County Road ~o. ¢-8&6 (Xnnoka~ee Rood), aa recorded %n O£~ic~aX Record Dook ~5&5, pnae &&5 o~ the Public Records of said County, and the POZffT OF BEGZNNZNG; thence ~.89°36'&5"E., $62.19 Emac aXon~ enid South rXghC--of-vay line to the ~net boundary o£ the Mast Ha~ o~ tbs Nortbvest Qu&rt~r of the Nortbueet Quarter of oa~d Section 2~1 cbence' S.00'§2v15~., 1179.82 Eeoc aloes nord Esot boundm~y to the South boundary o~ ~hu Xortbvest Quarter of ~he ~orthvest Quarter of ea~d Section 2~: thence $.09'56'16'V** 56&.33 £eet elan8 said South boundary to the ~aet rlght-o~-vny ~ne of the Collier County right-of-way shown la oaLd Road ~lst Book 2, Pale 37; tba~ce H.OOO&6'OO"¥., 1179.87 feet a~ons enid Emac r~sht-of~ ray line to the POZST OF B~.CIN~ZBC. Conte~ninf 15.2~§ acres, Bore or ~eme. - AGENOA n~=M: K£8 _000 i i T~ ' ~ EO/£O 9EE'ON Z*z:ZI, 66, OC/~C 90 L Cg~79 C~6 kC~r. ND! S:I::)TAU~S WOld